Common use of DEFAULT AND RE-ENTRY Clause in Contracts

DEFAULT AND RE-ENTRY. Except for a default under the preceding paragraph for which immediate right of termination is given to Owner, if Tenant fails to pay any installment of rent when due (plus interest on past due amounts at the maximum legal rate from the date due) after 3 days written notice, or to perform any other covenant under this Lease within thirty (30) days after written notice from Owner stating the nature of the default, Owner may re-enter and take possession of Premises using all reasonable force to do so; provided, however, that if the nature of such default other than for non-payment of rent is such that the same cannot reasonably be cured within such thirty-day period, Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion. Notwithstanding such retaking of possession by Owner, Tenant's liability for the rent provided herein shall not be extinguished for the balance of the term of this Lease. Upon such re-entry, Owner may elect either (i) to terminate this Lease, in which event Tenant shall immediately pay to Owner a sum equal to that by which the then cash value of the total rent reserved under this Lease for the balance of the Lease Term exceeds the reasonable rental value of the Premises for the balance of the Lease Term plus costs incident to releasing the Premises including, but not limited to remodeling expenses, attorney's fees and real estate commissions; or (ii) without terminating this Lease, to relet all or any part of the Premises as the agent of and for the account of Tenant upon such terms and conditions as Owner may deem advisable, in which event the rents received on such reletting shall be applied first to the expenses of reletting and collection, including necessary renovation and alteration of Premises, reasonable attorney's fees and real estate commissions paid, and thereafter to payment of all sums due to or to become due Owner hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant shall pay Owner any deficiency monthly, and Owner may bring an action therefor as such monthly deficiency shall arise. In the event of any such retaking of possession of Premises by Owner as herein provided, Tenant shall remove all personal property located thereon and, upon failure to do so upon demand of Owner, Owner may, in addition to any other remedies allowed by law, remove and store the same in any such place selected by Owner, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay any sums due hereunder or the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Owner may sell any or all such property at public or private sale and shall apply the proceeds of such sale first, to the cost of such sale; second, to the payment of the charges for storage, if any; and third, to the payment of any other sums of money which may be due from Tenant to Owner under the terms of this Lease, and the balance, if any, to Tenant. Tenant hereby waives all claims for damages that may be caused by Owner's lawfully re-entering and taking possession of Premises or lawfully removing and storing or selling the property of Tenant as herein

DEFAULT AND RE-ENTRY. Except In the event of any breach of the terms and provisions of this Lease by Tenant, or if Tenant's interest herein, or any part thereof, be assigned or transferred without the written consent of Landlord, either voluntarily or by operation of law, whether by judgement, execution, death, receivership or any other means, or if Tenant vacates or abandons the premises, which shall be conclusively presumed if Tenant leaves the premises closed or unoccupied continuously for a default under twenty (20) days, then in any such event, Landlord, besides other rights or remedies it may have, shall have the preceding paragraph for which immediate right of termination is given to Owner, if Tenant fails to pay any installment of rent when due (plus interest on past due amounts re-entry and may remove all persons and property from the premises and may store such property at the maximum legal rate from cost of and for the date due) after 3 days written notice, or account and risk of Tenant. Should Landlord elect to perform any other covenant under this Lease within thirty (30) days after written notice from Owner stating the nature of the default, Owner may re-enter and as herein provided, or should Landlord take possession pursuant to legal proceedings or pursuant to any notice provide for by law, it may either terminate this Lease or it may from time to time, without terminating this Lease, re-let the premises, or any part thereof, for such term or terms (which may be for a term extending beyond the term of Premises using all reasonable force this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord, in its sole discretion, may deem advisable with the right to do so; providedmake alterations and repairs to the premises. Rents received by such Landlord from such re-letting shall be applied: first, however, that if to the nature payment of any costs and expenses of such default re-letting, including a reasonable attorney's fee and any real estate commission actually paid, and any costs and expenses of such alterations and repairs; second, to the payment of any indebtedness, other than for non-rent, due hereunder from Tenant to Landlord; third, to the payment of rent is such that due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent or other obligations as the same cannot reasonably may become due and payable hereunder. If rentals received from such re-letting during any month be cured within such thirty-day periodless than that to be paid during that month by Tenant hereunder, Tenant shall not pay any such deficiency to Landlord, and such deficiency shall be deemed calculated and paid monthly. No such re-entry or taking possession of said premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re-letting without termination, Landlord may, at any time thereafter, elect to terminate this Lease for such previous breach. Should Landlord at any time terminate this Lease for any breach, and thereafter seek relief pursuant to Section 1951.2 of the California Civil Code, interest shall be allowed upon unpaid rent, for the purposes of Section 1951.2(b), at ten percent (10%) per annum or the maximum rate permitted by law, whichever is greater. Any proof by Tenant under subparagraphs (2) or (3) of subdivision (a) of Section 1951.2 of the California Civil Code, as to the amount of rental loss that could be reasonably avoided, shall be made in default if the following manner: Landlord and Tenant shall within such period commence such cure and thereafter diligently prosecute each select a licensed real estate broker in the business of renting property of the same to completion. Notwithstanding type and use as the leased premises and in the same geographic vicinity and such retaking two real estate brokers shall select a third licensed real estate broker and the three licensed real estate brokers so selected shall determine the amount of possession by Owner, Tenant's liability for the rent provided herein shall not rental loss that could be extinguished reasonably avoided for the balance of the term of this LeaseLease after the time of award. Upon such re-entry, Owner may elect either (i) to terminate this Lease, in which event Tenant shall immediately pay to Owner a sum equal to that by which the then cash value The decision of the total rent reserved under this Lease for the balance majority of the Lease Term exceeds the reasonable rental value of the Premises for the balance of the Lease Term plus costs incident to releasing the Premises including, but not limited to remodeling expenses, attorney's fees and said licensed real estate commissions; or (ii) without terminating this Lease, to relet all or any part of the Premises as the agent of and for the account of Tenant upon such terms and conditions as Owner may deem advisable, in which event the rents received on such reletting brokers shall be applied first to final and binding upon the expenses of reletting and collection, including necessary renovation and alteration of Premises, reasonable attorney's fees and real estate commissions paid, and thereafter to payment of all sums due to or to become due Owner hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant shall pay Owner any deficiency monthly, and Owner may bring an action therefor as such monthly deficiency shall arise. In the event of any such retaking of possession of Premises by Owner as herein provided, Tenant shall remove all personal property located thereon and, upon failure to do so upon demand of Owner, Owner may, in addition to any other remedies allowed by law, remove and store the same in any such place selected by Owner, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay any sums due hereunder or the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Owner may sell any or all such property at public or private sale and shall apply the proceeds of such sale first, to the cost of such sale; second, to the payment of the charges for storage, if any; and third, to the payment of any other sums of money which may be due from Tenant to Owner under the terms of this Lease, and the balance, if any, to Tenant. Tenant hereby waives all claims for damages that may be caused by Owner's lawfully re-entering and taking possession of Premises or lawfully removing and storing or selling the property of Tenant as hereinparties hereto.

DEFAULT AND RE-ENTRY. Except In the event of any breach of the terms and provisions of this Lease by Tenant or if Tenant's interest herein, or any part thereof, be assigned or transferred without the written consent of Landlord, either voluntarily or by operation of law, whether by judgment, execution, death, receivership or any other means, or if Tenant vacates or abandons the premises, which shall be conclusively presumed if Tenant leaves the premises closed or unoccupied continuously for a default under twenty (20) days, then in any such event, Landlord, besides other rights or remedies it may have, shall have the preceding paragraph for which immediate right of termination is given to Owner, if Tenant fails to pay any installment of rent when due (plus interest on past due amounts re-entry and may remove all persons and property from the premises and may store such property at the maximum legal rate from cost of and for the date due) after 3 days written notice, or account and risk of Tenant. Should Landlord elect to perform any other covenant under this Lease within thirty (30) days after written notice from Owner stating the nature of the default, Owner may re-enter and as herein provided, or should Landlord take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time, without terminating this Lease, re-let the premises, or any part thereof, for such term or terms (which may be for a term extending beyond the term of Premises using all reasonable force this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord, in its sole discretion, may deem advisable with the right to do so; providedmake alterations and repairs to the premises. Rents received by such Landlord from such re-letting shall be applied: first, however, that if to the nature payment of any costs and expenses of such default re-letting, including reasonable attorneys' fees and any real estate commission actually paid, and any costs and expenses of such alterations and repairs; second, to the payment of any indebtedness, other than for non-rent, due hereunder from Tenant to Landlord; third, to the payment of rent is such that due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment of future rent or other obligations as the same cannot reasonably may become due and payable hereunder. If rentals received from such re-letting during any month be cured within such thirty-day periodless than that to be paid during that month by Tenant hereunder, Tenant shall not pay any such deficiency to Landlord, and such deficiency shall be deemed calculated and paid monthly. No such re-entry or taking possession of said premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re-letting without termination, Landlord may, at any time thereafter, elect to terminate this Lease for such previous breach. Should Landlord at any time terminate this Lease for any breach, and thereafter seek relief pursuant to Section 1951.2 of the California Civil Code, interest shall be allowed upon unpaid rent, for the purposes of Section 1951.2(b), at ten percent (10%) per annum or the maximum rate permitted by law, whichever is greater. Any proof by Tenant under subparagraphs (2) or (3) of subdivision (a) of Section 1951.2 of the California Civil Code, as to the amount of rental loss that could be reasonably avoided, shall be made in default if the following manner: Landlord and Tenant shall within such period commence such cure and thereafter diligently prosecute each select a licensed real estate broker in the business of renting property of the same to completion. Notwithstanding type and use as the leased premises and in the same geographic vicinity and such retaking two real estate brokers shall select a third licensed real estate broker and the three licensed real estate brokers so selected shall determine the amount of possession by Owner, Tenant's liability for the rent provided herein shall not rental loss that could be extinguished reasonably avoided for the balance of the term of this LeaseLease after the time of award. Upon such re-entry, Owner may elect either (i) to terminate this Lease, in which event Tenant shall immediately pay to Owner a sum equal to that by which the then cash value The decision of the total rent reserved under this Lease for the balance majority of the Lease Term exceeds the reasonable rental value of the Premises for the balance of the Lease Term plus costs incident to releasing the Premises including, but not limited to remodeling expenses, attorney's fees and said licensed real estate commissions; or (ii) without terminating this Lease, to relet all or any part of the Premises as the agent of and for the account of Tenant upon such terms and conditions as Owner may deem advisable, in which event the rents received on such reletting brokers shall be applied first to final and binding upon the expenses of reletting and collection, including necessary renovation and alteration of Premises, reasonable attorney's fees and real estate commissions paid, and thereafter to payment of all sums due to or to become due Owner hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant shall pay Owner any deficiency monthly, and Owner may bring an action therefor as such monthly deficiency shall arise. In the event of any such retaking of possession of Premises by Owner as herein provided, Tenant shall remove all personal property located thereon and, upon failure to do so upon demand of Owner, Owner may, in addition to any other remedies allowed by law, remove and store the same in any such place selected by Owner, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay any sums due hereunder or the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Owner may sell any or all such property at public or private sale and shall apply the proceeds of such sale first, to the cost of such sale; second, to the payment of the charges for storage, if any; and third, to the payment of any other sums of money which may be due from Tenant to Owner under the terms of this Lease, and the balance, if any, to Tenant. Tenant hereby waives all claims for damages that may be caused by Owner's lawfully re-entering and taking possession of Premises or lawfully removing and storing or selling the property of Tenant as hereinparties hereto.

DEFAULT AND RE-ENTRY. Except In the event of any breach of the terms and provisions of this Lease by Tenant, or if Tenant's interest herein, or any part thereof, be assigned or transferred without the written consent of Landlord, either voluntarily or by operation of law, whether by judgement, execution, death, receivership or any other means, or if Tenant vacates or abandons the premises, which shall be conclusively presumed if Tenant leaves the premises closed or unoccupied continuously for a default under twenty (20) days, then in any such event, Landlord, besides other rights or remedies it may have, shall have the preceding paragraph for which immediate right of termination is given to Owner, if Tenant fails to pay any installment of rent when due (plus interest on past due amounts re-entry and may remove all persons and property from the premises and may store such property at the maximum legal rate from cost of and for the date due) after 3 days written notice, or account and risk of Tenant. Should Landlord elect to perform any other covenant under this Lease within thirty (30) days after written notice from Owner stating the nature of the default, Owner may re-enter and as herein provided, or should Landlord take possession pursuant to legal proceedings or pursuant to any notice provide for by law, it may either terminate this Lease or it may from time to time, without terminating this Lease, re-let the premises, or any part thereof, for such term or terms (which may be for a term extending beyond the term of Premises using all reasonable force this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord, in its sole discretion, may deem advisable with the right to do so; providedmake alterations and repairs to the premises. Rents received by such Landlord from such re-letting shall be applied: first, however, that if to the nature payment of any costs and expenses of such default re-letting, including a reasonable attorney's fee and any real estate commission actually paid, and any costs and expenses of such alterations and repairs; second, to the payment of any indebtedness, other than for non-rent, due hereunder from Tenant to Landlord; third, to the payment of rent is such that due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent or other obligations as the same cannot reasonably may become due and payable hereunder. If rentals received from such re-letting during any month be cured within such thirty-day periodless than that to be paid during that month by Tenant hereunder, Tenant shall not pay any such deficiency to Landlord, and such deficiency shall be deemed calculated and paid monthly. No such re-entry or taking possession of said premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re-letting without termination, Landlord may, at any time thereafter, elect to terminate this Lease for such previous breach. Should Landlord at any time terminate this Lease for any breach, and thereafter seek relief pursuant to Section 1951.2 of the California Civil Code, interest shall be allowed upon unpaid rent, for the purposes of Section 1951.2(b), at ten percent (10%) per annum or the maximum rate permitted bylaw, whichever is greater. Any proof by Tenant under subparagraphs (2) or (3) of subdivision (a) of Section 1951.2 of the California Civil Code, as to the amount of rental loss that could be reasonably avoided, shall be made in default if the following manner: Landlord and Tenant shall within such period commence such cure and thereafter diligently prosecute each select a licensed real estate broker in the business of renting property of the same to completion. Notwithstanding type and use as the leased premises and in the same geographic vicinity and such retaking two real estate brokers shall select a third licensed real estate broker and the three licensed real estate brokers so selected shall determine the amount of possession by Owner, Tenant's liability for the rent provided herein shall not rental loss that could be extinguished reasonably avoided for the balance of the term of this LeaseLease after the time of award. Upon such re-entry, Owner may elect either (i) to terminate this Lease, in which event Tenant shall immediately pay to Owner a sum equal to that by which the then cash value The decision of the total rent reserved under this Lease for the balance majority of the Lease Term exceeds the reasonable rental value of the Premises for the balance of the Lease Term plus costs incident to releasing the Premises including, but not limited to remodeling expenses, attorney's fees and said licensed real estate commissions; or (ii) without terminating this Lease, to relet all or any part of the Premises as the agent of and for the account of Tenant upon such terms and conditions as Owner may deem advisable, in which event the rents received on such reletting brokers shall be applied first to final and binding upon the expenses of reletting and collection, including necessary renovation and alteration of Premises, reasonable attorney's fees and real estate commissions paid, and thereafter to payment of all sums due to or to become due Owner hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant shall pay Owner any deficiency monthly, and Owner may bring an action therefor as such monthly deficiency shall arise. In the event of any such retaking of possession of Premises by Owner as herein provided, Tenant shall remove all personal property located thereon and, upon failure to do so upon demand of Owner, Owner may, in addition to any other remedies allowed by law, remove and store the same in any such place selected by Owner, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay any sums due hereunder or the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Owner may sell any or all such property at public or private sale and shall apply the proceeds of such sale first, to the cost of such sale; second, to the payment of the charges for storage, if any; and third, to the payment of any other sums of money which may be due from Tenant to Owner under the terms of this Lease, and the balance, if any, to Tenant. Tenant hereby waives all claims for damages that may be caused by Owner's lawfully re-entering and taking possession of Premises or lawfully removing and storing or selling the property of Tenant as hereinparties hereto.

DEFAULT AND RE-ENTRY. Except a. If Tenant shall default in any term or condition to be performed by Tenant hereunder, and such default shall continue for a default under the preceding paragraph for which immediate right of termination is given to Owner, if Tenant fails to pay any installment of rent when due (plus interest on past due amounts at the maximum legal rate from the date due) after 3 days written notice, or to perform any other covenant under this Lease within thirty (30) days after written notice from Owner stating thereof in writing by Landlord to Tenant, or (1) if proceedings in bankruptcy are instituted by or against Tenant, or (2) if a receiver or trustee is appointed for all or substantially all of Tenant's business or assets, or (3) if Tenant shall make an assignment for the nature benefit of its creditors, or (4) if Tenant shall vacate or abandon the Project Property; then, in such event, Landlord, at Landlord’s option, may declare the term of this Lease ended and Tenant’s right of possession shall thereupon cease and terminate, and Landlord shall be entitled to possession of the defaultProject Property and may re- enter the Project Property or any part thereof, Owner may with or without process of law, any other notice to quit or of the intention of the Landlord to re-enter the Project Property being hereby expressly waived by Tenant, and take possession of Premises Landlord may expel and remove Tenant and all persons occupying the Project Property under Tenant, using all reasonable such force as may be necessary to do so; provided, howeverand may repossess and enjoy the Project Property, that if all without such re-entry and repossession working a forfeiture of the nature of such default other than for non-payment of rent is such that the same cannot reasonably be cured within such thirty-day period, Tenant shall not be deemed rents to be in default if paid and the terms and conditions to be performed by Tenant shall within such period commence such cure and thereafter diligently prosecute during the same to completion. Notwithstanding such retaking of possession by Owner, Tenant's liability for the rent provided herein shall not be extinguished for the balance of the full term of this Lease. Upon such re-entry, Owner may elect either (i) to terminate this Lease, in which event Tenant shall immediately pay to Owner a sum equal to that by which If the then cash value of the total rent reserved under this Lease for the balance of the Lease Term exceeds the reasonable rental value of the Premises for the balance of the Lease Term plus costs incident to releasing the Premises including, but default cannot limited to remodeling expenses, attorney's fees and real estate commissions; or (ii) without terminating this Lease, to relet all or any part of the Premises as the agent of and for the account of Tenant upon such terms and conditions as Owner may deem advisable, in which event the rents received on such reletting shall with due diligence be applied first to the expenses of reletting and collection, including necessary renovation and alteration of Premises, reasonable attorney's fees and real estate commissions paid, and thereafter to payment of all sums due to or to become due Owner hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant shall pay Owner any deficiency monthly, and Owner may bring an action therefor as such monthly deficiency shall arise. In the event of any such retaking of possession of Premises by Owner as herein provided, Tenant shall remove all personal property located thereon and, upon failure to do so upon demand of Owner, Owner may, in addition to any other remedies allowed by law, remove and store the same in any such place selected by Owner, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay any sums due hereunder or the cost of storing any such property after it has been stored for cured within a period of thirty (30) days, and if Tenant, within the thirty (30) days or moreafter the giving of notice of default by Landlord to Tenant, Owner may sell any or commences and proceeds diligently and with reasonable dispatch to take all such property at public or private sale steps and do all work required to cure the default and does cure the default, then Landlord shall apply not have the proceeds right to declare the term of this Lease ended by reason of such sale firstdefault; provided, to however, that such default shall only be considered cured if acted upon by Tenant with reasonable diligence within the cost thirty (30) days after the giving of notice of default even if the cure is not completed within such sale; secondthirty (30) days, to and provided further, that the payment of the charges for storage, if any; and third, to the payment curing of any other sums default in such manner shall not be construed to limit or restrict the right of money which may be due from Tenant Landlord to Owner under declare the terms term of this Lease, Lease ended and the balance, if any, to Tenant. Tenant hereby waives enforce all claims Landlord’s rights and remedies hereunder for damages that may be caused by Owner's lawfully re-entering and taking possession of Premises or lawfully removing and storing or selling the property of Tenant as hereinany other default not so cured.

DEFAULT AND RE-ENTRY. Except for a default under the preceding paragraph for which immediate right of termination is given to Owner, if Tenant If Lessee fails to pay any installment of rent when due within ten (plus interest on past due amounts at the maximum legal rate from the date due10) days after 3 days written notice, or to perform any other covenant under this Lease within thirty (30) days after written notice from Owner Lessor stating the nature of the default, Owner Lessor may cancel this Lease and re-enter and take possession of Premises using all reasonable necessary force to do so; provided, however, that if the nature of such default other than for non-payment of rent is such that the same cannot reasonably be cured within such thirty-day period, Tenant Lessee shall not be deemed to be in default if Tenant Lessee shall within such period commence such cure and thereafter diligently prosecute the same to completion. Notwithstanding such retaking re-entry by Xxxxxx, the liability of possession by Owner, Tenant's liability Lessee for the rent provided for herein shall not be extinguished for the balance of the term of this Lease. Upon such , and Lessee covenants and agrees to make good to the Lessor any deficiency arising from a re-entry, Owner may elect either (i) to terminate this Lease, in which event Tenant shall immediately pay to Owner a sum equal to that by which the then cash value of the total rent reserved under this Lease for the balance of the Lease Term exceeds the reasonable rental value entry and reletting of the Premises for the balance of the Lease Term plus costs incident at a lesser rental than agreed to releasing the Premises including, but not limited to remodeling expenses, attorney's fees and real estate commissions; or (ii) without terminating this Lease, to relet all or any part of the Premises herein. Lessee shall pay such deficiency each month as the agent of and for the account of Tenant upon such terms and conditions as Owner may deem advisable, in which event the rents received on such reletting shall be applied first to the expenses of reletting and collection, including necessary renovation and alteration of Premises, reasonable attorney's fees and real estate commissions paid, and thereafter to payment of all sums due to or to become due Owner hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant shall pay Owner any deficiency monthly, and Owner may bring an action therefor as such monthly deficiency shall ariseamount thereof is ascertained by Xxxxxx. In the event of any such retaking of possession of Premises by Owner Xxxxxx as herein provided, Tenant Xxxxxx shall remove all personal property located thereon and, upon failure to do so upon demand of OwnerLessor, Owner may, in addition to any other remedies allowed by law, Lessor may reasonably remove and store the same in any such place selected by OwnerLessor, including but not limited to a public warehouse, at the expense and risk of TenantLessee. If Tenant Lessee shall fail to pay any sums due hereunder or the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Owner after ten (10) days notice to the Lessee, Lessor may sell any or all of such property at public or private sale and shall apply the proceeds of such sale first, first to the cost of such sale; second, to the payment of the charges for storage, if any; and third, to the payment of any other sums of money which may be due from Tenant Lessee to Owner Lessor under the terms of this Lease, and the balance, if any, to TenantLessee. Tenant Lessee hereby waives all claims for damages that may be caused by OwnerXxxxxx's lawfully re-re- entering and taking possession of Premises or lawfully removing and storing or selling the property of Tenant Xxxxxx as hereinherein provided, and will save Lessor harmless from loss, costs or damages occasioned Lessor thereby, and no such lawful re-entry shall be considered or construed to be a forcible entry.

DEFAULT AND RE-ENTRY. Except If any rents above or any part thereof shall be and remain unpaid when the same shall become due for a default under the preceding paragraph for which immediate right of termination is given to Owner, if Tenant fails to pay any installment of rent when due period often (plus interest on past due amounts at the maximum legal rate from the date due10) after 3 days written noticedays, or to perform if Lessee shall violate or default in any other covenant under of the covenants and agreements herein contained, then the Lessor may cancel this Lease within thirty (30) days after written upon giving the notice from Owner stating the nature of the defaultrequired by law, Owner may and re-enter and take possession said Premises, but not withstanding such re-entry by the Lessor, the liability of Premises using all reasonable force to do so; provided, however, that if the nature of such default other than for non-payment of rent is such that the same cannot reasonably be cured within such thirty-day period, Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion. Notwithstanding such retaking of possession by Owner, Tenant's liability Lessee for the rent provided for herein shall not be extinguished for the balance of the term of this Lease. Upon such , and Lessee covenants and agrees to make good to the Lessor any deficiency arising from re-entry, Owner may elect either (i) to terminate this Lease, in which event Tenant shall immediately pay to Owner a sum equal to that by which the then cash value of the total rent reserved under this Lease for the balance of the Lease Term exceeds the reasonable rental value entry and re-letting of the Premises at a lesser rental then herein agreed to. The Lessee shall pay such deficiency each month as the amount thereof is ascertained by the Lessor. In the event it becomes reasonably necessary to make any changes, alterations or additions to the Premises or any part thereof for the balance purpose of re-letting said Premises or any part thereof, Lessee shall also be responsible for such costs in reletting the Lease Term plus costs incident to releasing the Premises includingPremises, including but not limited to, clean up costs and remodeling to remodeling expenses, attorney's fees return the space to its original state and real estate commissions; or (ii) without terminating this Lease, to relet all or any part of condition. Lessee shall also be responsible for commissions and advertising in re-letting the Premises as the agent of and for the account of Tenant upon such terms and conditions as Owner may deem advisable, in which event the rents received on such reletting shall be applied first to the expenses of reletting and collection, including necessary renovation and alteration of Premises, reasonable attorney's fees and real estate commissions paid, and thereafter to payment of all sums due to or to become due Owner hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant shall pay Owner any deficiency monthly, and Owner may bring an action therefor as such monthly deficiency shall arisepremises. In the event of any such retaking of entry in, or taking possession of of, the Premises, Lessor shall have the right, but not the obligation, to remove from the Premises by Owner as herein provided, Tenant shall remove all personal property located thereon andtherein, upon failure to do so upon demand of Owner, Owner may, in addition to any other remedies allowed by law, remove and may store the same in any such place selected by OwnerLessor, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail the owners thereof, with the right to pay any sums due hereunder or the cost of storing any sell such property stored property, without notice to Lessee after it has been stored for a period of thirty (30) days or more, Owner may sell any or all such property at public or private sale and shall apply with the proceeds of such sale first, to be applied to the cost costs of such sale; second, sale and to the payment of the charges for storage, if any; storage and third, to the payment of any other sums of money which may then be due from Tenant Lessee to Owner Lessor under any of the terms of this Lease, and the balance, if any, to Tenant. Tenant hereby waives all claims for damages that may be caused by Owner's lawfully re-entering and taking possession of Premises or lawfully removing and storing or selling the property of Tenant as hereinthereof.

DEFAULT AND RE-ENTRY. Except for a default under the preceding paragraph for which immediate right of termination is given to OwnerLessor, if Tenant Lessee fails to pay make any installment of monthly rent when due payment within ten (plus interest on past due amounts at the maximum legal rate from the date due10) days after 3 days written notice, or to perform any other covenant under this Lease lease within thirty (30) days after written notice from Owner Lessor stating the nature of the default, Owner Lessor may re-cancel this lease and re- enter and take possession of Premises using all reasonable force legal means to do so; provided, however, that if the nature of such default other than for non-payment of rent is such that the same cannot reasonably be cured within such thirty-thirty (30) day period, Tenant . Lessee shall not be deemed to be in default if Tenant Lessee shall within such period commence such cure and thereafter diligently prosecute the same to completion. Notwithstanding such retaking of possession by OwnerLessor, TenantLessee's liability for the tile rent provided herein shall not be extinguished for the balance of the term of this Leaselease. Upon such re-entry, Owner Lessor may elect either (i) to terminate this Leaselease, in which event Tenant Lessee shall immediately pay to Owner Lessor a sum equal to that by which the then cash value of the total rent reserved under this Lease lease for the balance of the Lease Term lease term exceeds the then reasonable rental value of the Premises for the balance of the Lease Term plus costs incident to releasing the Premises including, but not limited to remodeling expenses, attorney's fees and real estate commissionslease term; or (ii) without terminating this Leaselease, to relet all or any part of the Premises Prem- ises as the agent of and for the account of Tenant Lessee upon such terms and conditions as Owner Lessor may deem advisable, in which event the rents received on such reletting shall be applied first to the expenses of reletting and collection, collection including necessary renovation and alteration alterations of the Premises, reasonable attorney's fees and real estate leasing commissions paid, and thereafter to payment of all sums due to or to become due Owner Lessor hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant Lessee shall pay Owner Lessor any deficiency monthly, and Owner Lessor may bring an action therefor as such monthly deficiency shall arise. In the event of any such retaking of possession of Premises by Owner Lessor as herein provided, Tenant Lessee shall remove all personal property located thereon and, upon failure to do so upon demand of OwnerLessor, Owner may, in addition to any other remedies allowed by law, Lessor may remove and store the same in any such place selected by OwnerLessor, including but not limited to a public warehouse, at the expense and risk of TenantLessee. If Tenant Lessee shall fail to pay any sums due hereunder or the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Owner Lessor may sell any or all of such property at public or private sale and shall apply the proceeds of such sale first, to the cost of such sale; , second, to the payment of the charges for storage, if any; and third, to the payment of any other sums of money which may be due from Tenant Lessee to Owner Lessor under the terms of this Leaselease, and the balance, if any, to TenantLessee. Tenant Lessee hereby waives all claims for damages that may be caused by OwnerLessor's lawfully re-entering and taking possession of Premises or lawfully removing and storing or selling the property of Tenant Lessee as hereinherein provided, and will save Lessor harmless from loss, costs or damages occasioned Lessor thereby, and no such lawful re- entry shall be considered or construed to be a forcible entry.

DEFAULT AND RE-ENTRY. Except for a default Subject to Tenant's right to cure under the preceding paragraph for which immediate right of termination is given to OwnerParagraph 11.03, if Tenant fails to pay any installment of rent Rent when due (plus interest on past due amounts at the maximum legal rate from the date due) after 3 days written notice, or if Tenant fails to perform any other covenant obligation under this the Lease within thirty or if Tenant makes an assignment for the benefit of creditors or a receiver is appointed for Tenant or its property or if any proceedings are instituted by or against Tenant for bankruptcy (30including reorganization) days after written notice from Owner stating or if Tenant ceases to occupy or operate at the nature of Leased Premises, the default, Owner may re-enter and take possession of Premises using all reasonable force to do so; provided, however, that if the nature of such default other than for non-payment of rent is such that the same cannot reasonably be cured within such thirty-day period, Tenant shall not be deemed to be in default if Tenant and Landlord shall within such period commence such cure be entitled to terminate the Lease and thereafter diligently prosecute the same shall be entitled to completion. Notwithstanding such retaking of immediate possession by Owner, Tenant's liability for the rent provided herein shall not be extinguished for the balance of the term Leased Premises. Landlord may take its election to terminate known to Tenant by delivery of a Notice of Termination. Such termination shall be immediately effective and Landlord shall be entitled to commence an action in summary proceedings to recover possession of the Leased Premises. No receipt of money by Landlord from Tenant after the termination of this LeaseLease shall reinstate, continue or extend the Term, nor affect or waive any notice given by Landlord to the Tenant prior to such receipt of money. Upon such re-entry, Owner may elect either (i) to Should Landlord at any time terminate this Lease, in which event Tenant shall immediately pay to Owner a sum equal to that by which the then cash value of the total rent reserved under this Lease for the balance of the Lease Term exceeds the reasonable rental value of the Premises for the balance of the Lease Term plus costs incident to releasing the Premises including, but not limited to remodeling expenses, attorney's fees and real estate commissions; or (ii) without terminating this Lease, to relet all or any part of the Premises as the agent of and for the account of Tenant upon such terms and conditions as Owner may deem advisable, in which event the rents received on such reletting shall be applied first to the expenses of reletting and collection, including necessary renovation and alteration of Premises, reasonable attorney's fees and real estate commissions paid, and thereafter to payment of all sums due to or to become due Owner hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant shall pay Owner any deficiency monthly, and Owner may bring an action therefor as such monthly deficiency shall arise. In the event of any such retaking of possession of Premises by Owner as herein provided, Tenant shall remove all personal property located thereon and, upon failure to do so upon demand of Owner, Owner may, in addition to any other remedies, Landlord may recover from Tenant all damages Landlord may incur by reason of any default, including the cost of recovering the Leased Premises, reasonable attorney fees and damages equal to lost rent. In the event of termination of this Lease as a result of Tenant's default, Landlord shall use commercially reasonable efforts to relet the Premises by actively offering the Premises for lease on commercially reasonably terms. If the event of default is for the nonpayment of rent, Landlord may, as an alternative to terminating the Lease, serve a written demand for possession or payment. Unless paid in accordance with the demand for possession or payment, Landlord shall be entitled to possession of the Leased Premises and Tenant shall have no further right to possession under the Lease. Tenant shall remain liable to Landlord for the payment of all Rents and other charges, which Tenant has agreed to pay under this Lease throughout the remainder of the Lease term. Landlord's rights, remedies and benefits provided by this Lease shall be cumulative and shall not be exclusive of any other rights, remedies and benefits allowed by law, remove and store the same in any such place selected by Owner, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay any sums due hereunder or the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Owner may sell any or all such property at public or private sale and shall apply the proceeds of such sale first, to the cost of such sale; second, to the payment of the charges for storage, if any; and third, to the payment of any other sums of money which may be due from Tenant to Owner under the terms of this Lease, and the balance, if any, to Tenant. Tenant hereby waives all claims for damages that may be caused by Owner's lawfully re-entering and taking possession of Premises or lawfully removing and storing or selling the property of Tenant as herein.

DEFAULT AND RE-ENTRY. Lessee covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by Lessee to be kept and performed and that this Lease is made upon the condition of such performance. Except for a default under the preceding paragraph Section 15 for which immediate right of termination is given to OwnerLessor, if Tenant Lessee fails to pay any installment of rent when due within three (plus interest on past due amounts at the maximum legal rate from the date due3) days after 3 days written notice, or to perform any other covenant under this Lease within thirty (30) days after written notice from Owner Lessor stating the nature of the default, Owner Lessor may terminate this Lease and re-enter and take possession of the Leased Premises using all reasonable such force to do soas may be necessary; provided, however, provided that if the nature of such default other than for non-payment of rent is such that the same cannot reasonably be cured within such thirty-day period, Tenant Lessee shall not be deemed to be in default if Tenant Lessee shall within such period commence such cure and thereafter diligently prosecute the same to completion. If Lessor elects to terminate this Lease, Lessor may declare all rent owing for the remainder of the Term immediately due and payable, less the amount Lessee proves could reasonably be collected during such period. Notwithstanding such retaking of possession by OwnerLessor and/or termination of this Lease, TenantLessee's liability for the rent provided herein shall not be extinguished for the balance of the term of this Lease. Upon such re-entry, Owner may elect either (i) and Lessee shall make good to terminate this Lease, in which event Tenant shall immediately pay to Owner Lessor any deficiency arising from a sum equal to that by which the then cash value reletting of the total rent reserved under this Lease for the balance of the Lease Term exceeds Leased Premises at a lesser rental, plus the reasonable rental value costs and expenses of renovating or altering the Leased Premises for and the balance of the Lease Term plus reasonable costs incident to releasing the Premises including, but not limited to remodeling expenses, attorney's fees and real estate commissions; or (ii) without terminating this Lease, to relet all or any part of the Premises as the agent of and for the account of Tenant upon such terms and conditions as Owner may deem advisable, in which event the rents received on such reletting shall be applied first to the expenses of reletting and collection, including necessary renovation and alteration of the Leased Premises, reasonable attorney's fees and real estate commissions paid, and thereafter to payment of all sums due to or to become due Owner hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant shall pay Owner any deficiency monthly, and Owner may bring an action therefor as such monthly deficiency shall arise. In the event of any such retaking of possession of Premises by Owner as herein provided, Tenant shall remove all personal property located thereon and, upon failure to do so upon demand of Owner, Owner may, in addition to any other remedies allowed by law, remove and store the same in any such place selected by Owner, including but not limited to a public warehouseto, at lease commissions, tenant improvements, etc. Lessee shall pay any such deficiency each month as the expense and risk of Tenantamount thereof is ascertained by Lessor. If Tenant Lessor retakes possession, Lessor shall fail have the right to pay let any sums due hereunder other available space in the Building before reletting or attempting to relet the cost of storing any Leased Premises, and such property after it has been stored for a period of thirty (30) days or more, Owner may sell any or all such property at public or private sale and action shall apply the proceeds of such sale first, to the cost of such sale; second, to the payment of the charges for storage, if any; and third, to the payment not relieve Lessee of any other sums of money which may be due from Tenant its obligations hereunder. All remedies provided herein are cumulative and are in addition to Owner under the terms of this Lease, and the balance, if any, to Tenant. Tenant hereby waives all claims for damages that may be caused those provided by Owner's lawfully re-entering and taking possession of Premises or lawfully removing and storing or selling the property of Tenant as hereinlaw.

DEFAULT AND RE-ENTRY. Except In the event of any breach of the terms and provisions of this Lease by Tenant, or if Tenant's interest herein, or any part thereof, be assigned or transferred without the written consent of Landlord, either voluntarily or by operation of law, whether by judgment, execution, death, receivership or any other means, or if Tenant vacates or abandons the Premises, which shall be conclusively presumed if Tenant leaves the Premises closed or unoccupied continuously for a default under twenty (20) days, then in any such event, Landlord, besides other rights or remedies it may have, shall have the preceding paragraph for which immediate right of termination is given to Owner, if Tenant fails to pay any installment of rent when due (plus interest on past due amounts re-entry and may remove all persons and property from the Premises and may store such property at the maximum legal rate from cost of and for the date due) after 3 days written noticeaccount and risk of Tenant. Should Landlord elect to re-enter as herein provided, or should Landlord take possession pursuant to perform legal proceedings or pursuant to any other covenant under notice provided for by law, it may either terminate this Lease within thirty (30) days after written notice from Owner stating the nature or, pursuant to Section 1951.4 of the defaultCalifornia Civil Code, Owner and even though Tenant has breached this Lease and abandoned the Premises, continue the Lease in effect for so long as the Landlord does not terminate the Tenant's right to possession, and the Landlord may enforce all its rights and remedies under the lease, including the right to recover the rent as it becomes due. If Landlord elects to continue the Lease in effect, it may re-enter let the Premises, or any part thereof, for such term or terms (which may be for a term extending beyond the term of this Lease) and take possession at such rental or rentals and upon such other terms and conditions as Landlord, in its sole discretion, may deem advisable and shall have the right to make alterations and repairs to the Premises. Rents received by such Landlord from such re-letting shall be applied: first, to the payment of Premises using all reasonable force to do so; provided, however, that if the nature any costs and expenses of such default re-letting, including a reasonable attorney's fee and any real estate commission actually paid, and any costs and expenses of such alterations and repairs; second, to the payment of any indebtedness, other than for non-rent, due hereunder from Tenant to Landlord; third, to the payment of rent is such that due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent or other obligations as the same cannot reasonably may become due and payable hereunder. If the net rent from such re-letting during any month after first applying the rent received to such fees, costs, expenses and other indebtedness, is less than that to be cured within such thirty-day periodpaid during that month by Tenant hereunder, Tenant shall not pay any such deficiency to Landlord, and such deficiency shall be deemed calculated and paid monthly. No such re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re-letting without termination, Landlord may, at any time thereafter, elect to terminate this Lease for such previous breach. Should Landlord at any time terminate this Lease for any breach, and thereafter seek relief pursuant to Section 1951.2 of the California Civil Code, interest shall be allowed upon unpaid rent for the purposes of Section 1951.2(b) at Ten Percent (10%) per annum or the maximum rate permitted by law (as opposed to the legal rate), if greater. Landlord shall be entitled to recover at the time of an award of damages for default the worth of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of the rental loss that the Tenant proves could reasonably be avoided. Unless otherwise agreed between the parties, any proof by Tenant under Subparagraphs (2) or (3) of Subdivision (a) or Subparagraph (1) of Subdivision (c) of Section 1951.2 of the California Civil Code, or any successor statutes, as to the amount of rental loss that could be reasonably avoided, shall be made in default if the following manner: Landlord and Tenant shall within such period commence such cure and thereafter diligently prosecute each select a licensed real estate broker in the business of renting property of the same to completion. Notwithstanding such retaking type and use as the leased Premises and in the same geographic vicinity, they shall select a third licensed real estate broker, and the three so selected shall determine the amount of possession by Owner, Tenant's liability for the rent provided herein shall not rental loss that could be extinguished reasonably avoided for the balance of the term of this LeaseLease after the time of award. Upon such re-entry, Owner may elect either (i) to terminate this Lease, in which event Tenant shall immediately pay to Owner a sum equal to that by which the then cash value The decision of the total rent reserved under this Lease for the balance majority of the Lease Term exceeds the reasonable rental value of the Premises for the balance of the Lease Term plus costs incident to releasing the Premises including, but not limited to remodeling expenses, attorney's fees and real estate commissions; or (ii) without terminating this Lease, to relet all or any part of the Premises as the agent of and for the account of Tenant upon such terms and conditions as Owner may deem advisable, in which event the rents received on such reletting said brokers shall be applied first to final and binding upon the expenses of reletting parties hereto. The foregoing rights and collection, including necessary renovation and alteration of Premises, reasonable attorney's fees and real estate commissions paid, and thereafter to payment of all sums due to or to become due Owner hereunder, and if a sufficient sum remedies shall not be thus realized to pay such sums and other charges, Tenant shall pay Owner any deficiency monthly, and Owner may bring an action therefor as such monthly deficiency shall arise. In the event of any such retaking of possession of Premises by Owner as herein provided, Tenant shall remove all personal property located thereon and, upon failure to do so upon demand of Owner, Owner may, in addition to and cumulative with any other rights and remedies allowed by law, remove and store the same in any such place selected by Owner, including but not limited available to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay any sums due hereunder or the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Owner may sell any or all such property at public or private sale and shall apply the proceeds of such sale first, to the cost of such sale; second, to the payment of the charges for storage, if any; and third, to the payment of any other sums of money which may be due from Tenant to Owner Landlord under the terms of this LeaseLease or any applicable laws, and the balance, if any, to Tenant. Tenant hereby waives all claims for damages that may be caused by Owner's lawfully re-entering and taking possession of Premises statutes or lawfully removing and storing or selling the property of Tenant as hereinregulations.

DEFAULT AND RE-ENTRY. Except for a default under the preceding paragraph for which immediate right of termination is given to Owner, if Tenant If Lessee fails to pay any installment of rent when due within ten (plus interest on past due amounts at the maximum legal rate from the date due10) days after 3 days written noticenotice of said failure to pay rent, or to perform any other covenant under this Lease within thirty (30) days after written notice from Owner Lessor stating the nature of the default or commits any other act of breach or default, Owner Lessor may re-enter and take possession of Premises using all reasonable force and Lessee agrees to do soquit and surrender the Premises to Lessor, but Lessee shall remain liable as hereafter provided; provided, however, that if the nature of such default other Other than for non-payment nonpayment of rent is such that the same cannot reasonably be cured within such thirty-thirty (30) day period, Tenant Lessee shall not be deemed to be in default if Tenant Lessee shall within such period commence such cure and thereafter diligently prosecute the same to completion. Notwithstanding such any re-entry and retaking of possession by Ownerpossession, Tenant's liability for the rent provided herein shall not be extinguished for the balance of the term of this Lease. Upon such re-entry, Owner lessor may elect either (ia) to terminate this LeaseLessee's right of tenancy, in which event Tenant Lessee shall immediately pay to Owner Lessor a sum equal to that by which the then cash value of the total rent rents reserved under this Lease for the balance of the Lease Term exceeds the reasonable rental value of the Premises for the balance of the Lease Term plus costs incident to releasing the Premises including, but not limited to remodeling expenses, attorney's fees and real estate commissionsterm; or (iib) without terminating this Lease, to relet or attempt to relet all or any part portion of the Premises as the agent of and for the account of Tenant upon such terms and conditions as Owner may deem advisablethe market conditions at that time allow, in which event the rents received on such reletting shall be applied first to the expenses of reletting and collection, including necessary renovation and alteration of the Premises, reasonable attorney's attorney fees and real estate commissions paid, and thereafter to payment of all sums due to or to become due Owner owner hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant Lessee shall pay Owner Lessor any deficiency monthlyand all deficiencies, and Owner Lessor may bring an action therefor therefore as such monthly deficiency shall arise. In the event of any such retaking of possession of Premises by Owner as herein provided, Tenant shall remove all personal property located thereon and, upon failure to do so upon demand of Owner, Owner may, in addition to any other remedies allowed by law, remove and store the same in any such place selected by Owner, including but not limited to a public warehouse, at the expense and risk of Tenantdeficiencies become known with certainty. If Tenant Lessor elects this subsection "(b)" remedy, it shall fail have the right to pay let any sums due hereunder or the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Owner may sell any or all such property at public or private sale and shall apply the proceeds of such sale first, attempting to the cost of such sale; second, to the payment of the charges for storage, if any; and third, to the payment of any other sums of money which may be due from Tenant to Owner under the terms of this Leaserelet Lessee's Premises, and the balance, if any, to Tenant. Tenant hereby waives all claims for damages that may be caused such action by OwnerLessor shall not relieve Lessee from any of Lessee's lawfully re-entering and taking possession of Premises or lawfully removing and storing or selling the property of Tenant as hereinobligations hereunder.

DEFAULT AND RE-ENTRY. Except Time is of the essence of this agreement. If (i) (a) any rent or other payment due from Lessee hereunder remains unpaid for a default under the preceding paragraph for which immediate right of termination is given to Owner, if Tenant fails to pay any installment of rent when due more than thirty (plus interest on past due amounts at the maximum legal rate from 30) days after the date it is due; (b) after 3 days written noticeLessee files a voluntary petition in bankruptcy or makes a general assignment to the benefit of, or to perform any other covenant under this Lease a general arrangement with, creditors; (c) there is an involuntary bankruptcy filed against Lessee that has not been dismissed within thirty (30) days of filing; (d) Lessee becomes insolvent; or (e) a receiver, trustee, or liquidating officer is appointed for Lessee's business; or (ii) Lessee violates or breaches any of the other covenants, agreements, stipulations or conditions herein, and such violation of breach shall continue for a period of forty-five (45) days after written notice from Owner stating of such violation or breach is sent to Lessee, then Lessor may at its option, declare this lease forfeited and the nature of the defaultterm hereof ended, Owner may or without terminating this lease elect to re-enter and take possession of Premises using all reasonable force attempt to do so; providedrelet, howeverin which event Lessee authorizes Lessor to relet the premises or any part thereof for such term or terms (which may be for a term, that if the nature of such default other than for non-payment of rent is such that the same cannot reasonably be cured within such thirty-day period, Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion. Notwithstanding such retaking of possession by Owner, Tenant's liability for the rent provided herein shall not be extinguished for the balance of extending beyond the term of this Leaselease) and at such rental or rentals and upon such other terms and conditions as Lessor in its sole discretion deems advisable. Upon each such re-entryreletting, Owner all rentals received by Lessor from such reletting shall be applied, first, to the payment of any amounts other than rent due hereunder from Lessee to Lessor; second, to the payment of any costs and expenses of such reletting and renovation, including brokerage fees and attorneys' fees; third, to the payment of rent due and unpaid hereunder, and the residue, if any shall be held by Lessor and applied to payment of future rent as the same may elect either (i) become due and payable hereunder. If rental received from such reletting during any month are less than that to terminate this Leasebe paid during that month by Lessee hereunder, in which event Tenant Lessee shall immediately pay any such deficiency to Owner a sum equal Lessor, and Lessee covenants and agrees to that by which the then cash value of the total rent reserved under this Lease pay Lessor for the balance of the Lease Term exceeds the reasonable rental value of the Premises for the balance of the Lease Term plus costs incident to releasing the Premises all other expenses resulting from its default, including, but not limited to remodeling expensesto, attorney's brokerage commissions, attorneys fees and real estate commissions; or (ii) without terminating this Lease, to relet all or any part the reasonable cost of converting the premises for the benefit of the Premises as the agent of and for the account of Tenant upon such terms and conditions as Owner may deem advisable, in which event the rents received on such reletting shall be applied first to the expenses of reletting and collection, including necessary renovation and alteration of Premises, reasonable attorney's fees and real estate commissions paid, and thereafter to payment of all sums due to or to become due Owner hereunder, and if a sufficient sum shall not be thus realized to pay such sums next Lessee. Delinquent rental and other charges, Tenant payments shall pay Owner any deficiency monthly, and Owner may bring an action therefor as such monthly deficiency shall arisebear interest at the rate of twelve percent (12%) per annum from the date due until paid. In the event of any such retaking of default hereunder and entry in, or taking possession of Premises by Owner as herein providedof, Tenant the premises, Lessor shall have the right, but not the obligation, to remove from the premises all personal property located thereon andtherein, upon failure to do so upon demand of Owner, Owner may, in addition to any other remedies allowed by law, remove and may store the same in any such place selected by OwnerLessor, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail the owners thereof, with the right to pay any sums due hereunder or the cost of storing any sell such property stored property, without notice to Lessee, after it has been stored for a period of thirty (30) days or more, Owner may sell any or all such property at public or private sale and shall apply with the proceeds of such sale first, to be applied to the cost of such sale; second, sale and to the payment of the charges for storage, if any; and third, to the payment of any other sums of money which may then be due from Tenant Lessee to Owner Lessor under any of the terms of this Lease, and the balance, if any, to Tenant. Tenant hereby waives all claims for damages that may be caused by Owner's lawfully re-entering and taking possession of Premises or lawfully removing and storing or selling the property of Tenant as hereinhereof.

DEFAULT AND RE-ENTRY. Except for a default under the preceding paragraph paragraph, for which immediate right of termination is given to OwnerLandlord, if Tenant fails to pay any installment of rent when due within ten (plus interest on past due amounts at the maximum legal rate from the date due10) days after 3 days written notice, whether or not legally demanded, or to perform any other covenant under this Lease lease within thirty (30) days after written notice, whether or not legally demanded, or to perform any other covenant under this lease within thirty (30) days after written notice from Owner Landlord stating the nature of the default, Owner may re-enter and take possession of Premises using all reasonable force to do so; provided, however, that default or if the nature of such default other than for non-payment nonpayment of rent is such that the same cannot be reasonably be cured within such thirty-thirty (30) day period, period and Tenant shall has not be deemed to be in default if Tenant shall within such period commence commenced such cure and thereafter diligently prosecute prosecuted the same to completion, then Landlord may cancel this lease and re-enter and take possession of the Premises using all necessary force to do so. Notwithstanding such retaking of possession by OwnerLandlord, Tenant's liability for the rent provided herein shall not be extinguished for the balance of the term of this Leaselease. Upon such re-entry, Owner entry Landlord may elect either (i) to terminate this Leaselease, in which event Tenant shall immediately pay to Owner Landlord a sum equal to any and all rent payments that by are then due and which the then cash value of the total rent reserved will become due under this Lease lease for the balance of the Lease Term exceeds the reasonable rental value term of the Premises for the balance of the Lease Term plus costs incident to releasing the Premises including, but not limited to remodeling expenses, attorney's fees and real estate commissions; or (ii) without terminating this Leaselease, to relet all or any part of the Premises as the agent of and for the account of Tenant upon such terms and conditions as Owner Landlord may deem advisable, in which event the rents received on such reletting shall be applied first to the expenses of reletting and collection, including necessary renovation and alteration of the Premises, reasonable attorney's fees and real estate commissions commission paid, and thereafter to make payment of all sums due to or to become due Owner Landlord hereunder, and if a sufficient sum shall not be thus realized to pay such sums sum and other charges, Tenant shall pay Owner Landlord any deficiency monthly, and Owner Landlord may bring an and action therefor therefore as such monthly deficiency shall arise. In the event of any such retaking of possession of Premises by Owner Landlord as herein provided, Tenant Tenant, if requested by Landlord, shall remove all personal property located thereon therein and, upon failure to do so upon demand of Owneron demand, Owner maythe Landlord may re-enter the premises by force, in addition to any other remedies allowed by law, remove and store the same in any such place selected by Owner, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay any sums due hereunder summary proceedings or the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Owner may sell any or all such property at public or private sale and shall apply the proceeds of such sale first, to the cost of such sale; second, to the payment of the charges for storage, if any; and third, to the payment of any other sums of money which may be due from Tenant to Owner under the terms of this Leaseotherwise, and remove all persons and their effects therefrom without being liable to prosecution therefore and may hold the balance, Premises as if any, to Tenant. Tenant hereby waives all claims for damages that may be caused by Owner's lawfully re-entering and taking possession of Premises or lawfully removing and storing or selling the property of Tenant as hereinlease had not been made.

DEFAULT AND RE-ENTRY. Except for a default under the preceding paragraph for which immediate right of termination is given to Owner, if Tenant If Lessee fails to pay any installment of rent when due within ten (plus interest on past due amounts at the maximum legal rate from the date due10) days after 3 days written notice, or to perform any other covenant under this Lease within thirty (30) days after written notice from Owner Lessor stating the nature of the default, Owner Lessor may cancel this Lease and re-enter and take possession of Premises using all reasonable necessary force to do so; provided, however, that if the nature of such default other than for non-payment of rent is such that the same cannot reasonably be cured within such thirty-day period, Tenant Lessee shall not be deemed to be in default if Tenant Lessee shall within such period commence such cure and thereafter diligently prosecute the same to completion. Notwithstanding such retaking re-entry by Xxxxxx, the liability of possession by Owner, Tenant's liability Lessee for the rent provided for herein shall not be extinguished for the balance of the term of this Lease. Upon such , and Lessee covenants and agrees to make good to the Lessor any deficiency arising from a re-entry, Owner may elect either (i) to terminate this Lease, in which event Tenant shall immediately pay to Owner a sum equal to that by which the then cash value of the total rent reserved under this Lease for the balance of the Lease Term exceeds the reasonable rental value entry and reletting of the Premises for the balance of the Lease Term plus costs incident at a lesser rental than agreed to releasing the Premises including, but not limited to remodeling expenses, attorney's fees and real estate commissions; or (ii) without terminating this Lease, to relet all or any part of the Premises herein. Lessee shall pay such deficiency each month as the agent of and for the account of Tenant upon such terms and conditions as Owner may deem advisable, in which event the rents received on such reletting shall be applied first to the expenses of reletting and collection, including necessary renovation and alteration of Premises, reasonable attorney's fees and real estate commissions paid, and thereafter to payment of all sums due to or to become due Owner hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant shall pay Owner any deficiency monthly, and Owner may bring an action therefor as such monthly deficiency shall ariseamount thereof is ascertained by Xxxxxx. In the event of any such retaking of possession of Premises by Owner Xxxxxx as herein provided, Tenant Xxxxxx shall remove all personal property located thereon and, upon failure to do so upon demand of OwnerLessor, Owner may, in addition to any other remedies allowed by law, Lessor may reasonably remove and store the same in any such place selected by OwnerLessor, including but not limited to a public warehouse, at the expense and risk of TenantLessee. If Tenant Lessee shall fail to pay any sums due hereunder or the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Owner after ten (10) days notice to the Lessee, Lessor may sell any or all of such property at public or private sale and shall apply the proceeds of such sale first, first to the cost of such sale; second, to the payment of the charges for storage, if any; and third, to the payment of any other sums of money which may be due from Tenant Lessee to Owner Lessor under the terms of this Lease, and the balance, if any, to TenantLessee. Tenant Lessee hereby waives all claims for damages that may be caused by OwnerXxxxxx's lawfully re-entering and taking possession of Premises or lawfully removing and storing or selling the property of Tenant Xxxxxx as hereinherein provided, and will save Lessor harmless from loss, costs or damages occasioned Lessor thereby, and no such lawful re-entry shall be considered or construed to be a forcible entry.

DEFAULT AND RE-ENTRY. Except for a default under If the preceding paragraph for which immediate right of termination is given to Owner, if Tenant lessee fails to pay any installment of rent when due (plus interest on past due amounts at the maximum legal rate from the date due) after 3 days written notice, or fails to perform any other covenant obligations under this Lease agreement within thirty (30) 10 days after receiving written notice from Owner stating the nature of the defaultdefault from the lessor; if the lessee makes any assignment for the benefit of creditors or a receiver is appointed for the lessee or its property; or if any proceedings are instituted by or against the lessee for bankruptcy (including reorganization) or under any insolvency laws, Owner the lessor may terminate this lease, re-enter the premises, and take possession of Premises using all reasonable force seek to do so; providedrelet the premises on whatever terms the lessor deems advisable. Notwithstanding re-entry by the lessor, however, that if the nature of such default other than for non-payment of rent is such that the same cannot reasonably be cured within such thirty-day period, Tenant lessee shall not be deemed continue to be in default if Tenant shall within such period commence such cure liable to the lessor for rent owed under this lease and thereafter diligently prosecute for any rent deficiency that results from reletting the same to completion. Notwithstanding such retaking of possession by Owner, Tenant's liability for the rent provided herein shall not be extinguished for the balance of premises during the term of this Leaselease. Upon such re-entryNotwithstanding any reletting without termination, Owner the lessor may at any time elect either (i) to terminate this Leaselease for any default by the lessee by giving the lessee written notice of the termination. In addition to the lessor's other rights and remedies as stated in this lease, and without Waiving any of those rights, if the lessor deems necessary any repairs that the lessee is required to make or if the lessee defaults in which event Tenant the performance of any of its obligations under this lease, the lessor may make repairs or cure defaults and shall not be responsible to the lessee for any loss or damage that is caused by that action. The lessee shall immediately pay to Owner a sum equal to that by which the then cash value of lessor, on remand, the total lessor's costs for curing any defaults, as additional rent reserved under this Lease for the balance of the Lease Term exceeds the reasonable rental value of the Premises for the balance of the Lease Term plus costs incident to releasing the Premises including, but not limited to remodeling expenses, attorney's fees and real estate commissions; or (ii) without terminating this Lease, to relet all or any part of the Premises as the agent of and for the account of Tenant upon such terms and conditions as Owner may deem advisable, in which event the rents received on such reletting shall be applied first to the expenses of reletting and collection, including necessary renovation and alteration of Premises, reasonable attorney's fees and real estate commissions paid, and thereafter to payment of all sums due to or to become due Owner hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant shall pay Owner any deficiency monthly, and Owner may bring an action therefor as such monthly deficiency shall arise. In the event of any such retaking of possession of Premises by Owner as herein provided, Tenant shall remove all personal property located thereon and, upon failure to do so upon demand of Owner, Owner may, in addition to any other remedies allowed by law, remove and store the same in any such place selected by Owner, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay any sums due hereunder or the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Owner may sell any or all such property at public or private sale and shall apply the proceeds of such sale first, to the cost of such sale; second, to the payment of the charges for storage, if any; and third, to the payment of any other sums of money which may be due from Tenant to Owner under the terms of this Lease, and the balance, if any, to Tenant. Tenant hereby waives all claims for damages that may be caused by Owner's lawfully re-entering and taking possession of Premises or lawfully removing and storing or selling the property of Tenant as hereinlease.

DEFAULT AND RE-ENTRY. Except If the Lessee is in default in the payment of Rent or amounts payable as Rent under this lease, whether lawfully demanded or not, and such default shall continue for a period of 15 days after the Rent has become due and payable; or If the Lessee shall be in default of any of its covenants or agreements under the preceding paragraph for which immediate right of termination is given to Owner, if Tenant fails this Agreement (other than its covenant to pay any installment Rent or amounts payable as Rent) and such default continues for a period of rent when due 30 days (plus interest on past due amounts at the maximum legal rate from the date dueor such longer period as may be reasonably necessary to cure such default considering its nature) after 3 days written notice, or notice by the Lessor to perform any other covenant under this Lease within thirty (30) days after written notice from Owner stating the nature of the default, Owner may re-enter and take possession of Premises using all Lessee specifying with reasonable force to do so; provided, however, that if particularity the nature of such default other than for non-payment of rent is such that the same cannot reasonably be cured within such thirty-day period, Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute requiring the same to completion. Notwithstanding such retaking of possession by Owner, Tenant's liability for the rent provided herein shall not be extinguished for the balance of the term of this Lease. Upon such re-entry, Owner may elect either (i) to terminate this Lease, in which event Tenant shall immediately pay to Owner a sum equal to that by which the then cash value of the total rent reserved under this Lease for the balance of the Lease Term exceeds the reasonable rental value of the Premises for the balance of the Lease Term plus costs incident to releasing the Premises including, but not limited to remodeling expenses, attorney's fees and real estate commissionsremedied; or (ii) without terminating this Lease, to relet all or any part of If the Premises as default set out in the agent of and for the account of Tenant upon such terms and conditions as Owner may deem advisable, in which event the rents received on such reletting shall be applied first notice given to the expenses of reletting and collection, including necessary renovation and alteration of Premises, reasonable attorney's fees and real estate commissions paid, and thereafter Lessee by the Lessor pursuant to payment of all sums due paragraph (b) reasonably requires more time to or to become due Owner hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant shall pay Owner any deficiency monthly, and Owner may bring an action therefor as such monthly deficiency shall arise. In cure than the event of any such retaking of possession of Premises by Owner as herein provided, Tenant shall remove all personal property located thereon and, upon failure to do so upon demand of Owner, Owner may, in addition to any other remedies allowed by law, remove and store the same in any such place selected by Owner, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay any sums due hereunder or the cost of storing any such property after it has been stored for a period of thirty (30) days day period referred to in that para- graph and the Lessee has not commenced remedying or morecuring the same within the thirty (30) day period or; in the opinion of the Lessor fails to diligently complete the same within a reason- able time; or If the Lessee makes an assignment for the benefit of creditors, Owner may sell or makes an assignment or has a receiving order made against it under the Bankruptcy and Insolvency Act (Canada), or becoming bankrupt or insolvent makes application for relief under the provisions of any statute now or all such property at public hereafter in force concerning bankrupt or private sale and shall apply the proceeds of such sale firstinsolvent debtors, or any action whatsoever, legislative or otherwise is taken with a view to the cost of such sale; secondwinding up, to the payment dissolution or liquidation of the charges for storageLessee; THEN, if any; the balance of Rent owing under this lease shall immediately become due and thirdpayable, to and at the payment option of any other sums of money which may be due from Tenant to Owner under the terms of this LeaseLessor the Term hereby granted shall become forfeited and void, and the balance, if any, to Tenant. Tenant hereby waives all claims for damages that Lessor may be caused by Owner's lawfully without notice or any form of legal process whatsoever forthwith re-entering enter upon the Land, the Building or any part thereof in the name of the whole and taking possession repossess and enjoy the same as of Premises its former estate, anything contained in any statute or lawfully removing law to the contrary notwithstanding. Forfeiture of this lease by the Lessee shall be wholly without prejudice to the right of the Lessor to recover arrears of Rent or damages for any antecedent breach of covenant on the part of the Lessee, and storing notwithstanding any such forfeiture the Lessor may subsequently recover from the Lessee damages for loss of Rent suffered by reason of the lease having been determined prior to the end of the Term of this lease as set out herein and this clause and the rights hereunder shall survive the termination of this lease whether by act of the parties or selling the property by operation of Tenant as hereinlaw.

DEFAULT AND RE-ENTRY. Except for a default under the preceding paragraph for which immediate right of termination is given to Owner, if Tenant fails falls to pay any installment of rent when due (plus interest on past due amounts at the maximum legal rate from the date due) after 3 days written notice, or to perform any other covenant under this Lease within thirty (30) days after written notice from Owner stating the nature of the default, Owner may re-re- enter and take possession of Premises using all reasonable force to do so; provided, however, that if the nature of such default other than for non-non- payment of rent is such that the same cannot reasonably be cured within such thirty-day period, Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion. Notwithstanding such retaking of possession by Owner, Tenant's liability for the rent provided herein shall not be extinguished for the balance of the term of this Lease. Upon such re-entry, Owner may elect either (i) to terminate this Lease, in which event Tenant shall immediately pay to Owner a sum equal to that by which the then cash value of the total rent reserved under this Lease for the balance of the Lease Term exceeds the reasonable rental value of the Premises for the balance of the Lease Term plus costs incident to releasing the Premises including, but not limited to remodeling expenses, attorney's fees and real estate commissions; or (ii) without terminating this Lease, to relet all or any part of the Premises as the agent of and for the account of Tenant upon such terms and conditions as Owner may deem advisable, in which event the rents received on such reletting shall be applied first to the expenses of reletting and collection, including necessary renovation and alteration of Premises, reasonable attorney's fees and real estate commissions paid, and thereafter to payment of all sums due to or to become due Owner hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant shall pay Owner any deficiency monthly, and Owner may bring an action therefor as such monthly deficiency shall arise. In the event of any such retaking of possession of Premises by Owner as herein provided, Tenant shall remove all personal property located thereon and, upon failure to do so upon demand of Owner, Owner may, in addition to any other remedies allowed by law, remove and store the same in any such place selected by Owner, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay any sums due hereunder or the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Owner may sell any or all of such property at public or private sale and shall apply the proceeds of such sale first, to the cost of such sale; second, to the payment of the charges for storage, if any; and third, to the payment of any other sums of money which may be due from Tenant to Owner under the terms of this Lease, and the balance, if any, to Tenant. Tenant hereby waives all claims for damages that may be caused by Owner's lawfully re-entering and taking possession of Premises or lawfully removing and storing or selling the property of Tenant as hereinherein provided, and will save Owner harmless from loss, costs, or damages occasioned thereby, and such lawful re-entry shall not be considered or construed to be a forcible entry.

DEFAULT AND RE-ENTRY. Except a. If Tenant shall default in any term or condition to be performed by Tenant hereunder, and such default shall continue for a default under the preceding paragraph for which immediate right of termination is given to Owner, if Tenant fails to pay any installment of rent when due (plus interest on past due amounts at the maximum legal rate from the date due) after 3 days written notice, or to perform any other covenant under this Lease within thirty (30) days after written notice from Owner stating thereof in writing by Landlord to Tenant, or (1) if proceedings in bankruptcy are instituted by or against Tenant, or (2) if a receiver or trustee is appointed for all or substantially all of Tenant's business or assets, or (3) if Tenant shall make an assignment for the nature benefit of its creditors, or (4) if Tenant shall vacate or abandon the Project Property; then, in such event, Landlord, at Landlord’s option, may declare the term of this Lease ended and Xxxxxx’s right of possession shall thereupon cease and terminate, and Landlord shall be entitled to possession of the defaultProject Property and may re- enter the Project Property or any part thereof, Owner may with or without process of law, any other notice to quit or of the intention of the Landlord to re-enter the Project Property being hereby expressly waived by Xxxxxx, and take possession of Premises Landlord may expel and remove Tenant and all persons occupying the Project Property under Tenant, using all reasonable such force as may be necessary to do so; provided, howeverand may repossess and enjoy the Project Property, that if all without such re-entry and repossession working a forfeiture of the nature of such default other than for non-payment of rent is such that the same cannot reasonably be cured within such thirty-day period, Tenant shall not be deemed rents to be in default if Tenant shall within such period commence such cure paid and thereafter diligently prosecute the same terms and conditions to completion. Notwithstanding such retaking of possession be performed by Owner, Tenant's liability for Xxxxxx during the rent provided herein shall not be extinguished for the balance of the full term of this Lease. Upon such re-entry, Owner may elect either (i) to terminate this Lease, in which event Tenant shall immediately pay to Owner a sum equal to that by which If the then cash value of the total rent reserved under this Lease for the balance of the Lease Term exceeds the reasonable rental value of the Premises for the balance of the Lease Term plus costs incident to releasing the Premises including, but default cannot limited to remodeling expenses, attorney's fees and real estate commissions; or (ii) without terminating this Lease, to relet all or any part of the Premises as the agent of and for the account of Tenant upon such terms and conditions as Owner may deem advisable, in which event the rents received on such reletting shall with due diligence be applied first to the expenses of reletting and collection, including necessary renovation and alteration of Premises, reasonable attorney's fees and real estate commissions paid, and thereafter to payment of all sums due to or to become due Owner hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant shall pay Owner any deficiency monthly, and Owner may bring an action therefor as such monthly deficiency shall arise. In the event of any such retaking of possession of Premises by Owner as herein provided, Tenant shall remove all personal property located thereon and, upon failure to do so upon demand of Owner, Owner may, in addition to any other remedies allowed by law, remove and store the same in any such place selected by Owner, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay any sums due hereunder or the cost of storing any such property after it has been stored for cured within a period of thirty (30) days, and if Tenant, within the thirty (30) days or moreafter the giving of notice of default by Landlord to Tenant, Owner may sell any or commences and proceeds diligently and with reasonable dispatch to take all such property at public or private sale steps and do all work required to cure the default and does cure the default, then Landlord shall apply not have the proceeds right to declare the term of this Lease ended by reason of such sale firstdefault; provided, to however, that such default shall only be considered cured if acted upon by Tenant with reasonable diligence within the cost thirty (30) days after the giving of notice of default even if the cure is not completed within such sale; secondthirty (30) days, to and provided further, that the payment of the charges for storage, if any; and third, to the payment curing of any other sums default in such manner shall not be construed to limit or restrict the right of money which may be due from Tenant Landlord to Owner under declare the terms term of this Lease, Lease ended and the balance, if any, to Tenant. Tenant hereby waives enforce all claims Landlord’s rights and remedies hereunder for damages that may be caused by Owner's lawfully re-entering and taking possession of Premises or lawfully removing and storing or selling the property of Tenant as hereinany other default not so cured.

DEFAULT AND RE-ENTRY. Except for a Time is of the essence of this agreement. Lessee shall be in default under this Lease if (1) he abandons or vacates the preceding paragraph for which immediate right premises prior to the expiration of termination is given to Owner, if Tenant the term without written consent of Lessor; (2) fails to pay any installment of rent when due the monthly rental as it becomes due; (plus interest on past due amounts at the maximum legal rate from the date due3) after 3 days written notice, or fails to perform and abide to the terms and conditions of the Lease; (4) or file voluntary bankruptcy proceedings or has involuntary proceedings instituted against him. Provided, however, Lessor shall notify the Lessee in writing of any other covenant under breach of the provisions of this Lease within and Lessee shall have thirty (30) days after written notice within which to correct the defaults from Owner stating the nature date of receipt of the defaultnotice. In the event of any breach of this lease by Lessee or Lessor, Owner having given a thirty (30) day notice to Lessee to cure the breach, besides other rights or remedies he may have, shall have the right to re-enter and take possession of Premises using may remove all reasonable force to do so; provided, however, that if persons and property from the nature of premises and such default other than for non-payment of rent is such that the same cannot reasonably property may be cured within such thirty-day period, Tenant shall not be deemed to be removed and stored in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion. Notwithstanding such retaking of possession by Owner, Tenant's liability for the rent provided herein shall not be extinguished for the balance of the term of this Lease. Upon such re-entry, Owner may elect either (i) to terminate this Lease, in which event Tenant shall immediately pay to Owner a sum equal to that by which the then cash value of the total rent reserved under this Lease for the balance of the Lease Term exceeds the reasonable rental value of the Premises for the balance of the Lease Term plus costs incident to releasing the Premises including, but not limited to remodeling expenses, attorney's fees and real estate commissions; public warehouse or (ii) without terminating this Lease, to relet all or any part of the Premises as the agent elsewhere at a cost of and for the account of Tenant upon such terms and conditions as Owner may deem advisableLessee. Should Lessor elect to re-enter, in which event the rents received on such reletting shall be applied first to the expenses of reletting and collection, including necessary renovation and alteration of Premises, reasonable attorney's fees and real estate commissions paid, and thereafter to payment of all sums due to or to become due Owner hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant shall pay Owner any deficiency monthly, and Owner may bring an action therefor as such monthly deficiency shall arise. In the event of any such retaking of possession of Premises by Owner as herein provided, Tenant or should he take possession pursuant to any notice provided by law, he may either terminate this Lease, or he may from time to time, without terminating this Lease, re-let said premises or any part thereof for the un-expired portion of their primary or renewal term upon reasonable terms and conditions; upon such re-letting Lessee shall remove all personal property located thereon and, upon failure be immediately liable to do so upon demand of Owner, Owner maypay to Lessor, in addition to any indebtedness other remedies allowed by law, remove and store the same in any such place selected by Owner, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay any sums than rent due hereunder or the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Owner may sell any or all such property at public or private sale and shall apply the proceeds of such sale first, to the cost of such sale; second, to the payment of the charges for storage, if any; and third, to the payment of any other sums of money which may be due from Tenant to Owner under the terms of this Lease, and the balanceamount, if any, by which the unpaid rent is reserved in this lease for the primary or renewal term exceeds the amount to Tenant. Tenant hereby waives all claims for damages that may be caused by Owner's lawfully paid under the re-entering and taking possession letting agreement as rent for the demised premises for the un-expired portion of Premises said primary or lawfully removing and storing or selling renewal term. In the property event that Lessee chooses to remedy any defaults Lessee shall also be liable to Lessor for any attorney fees incurred by way of Tenant as hereinsending notice to Lessee of any default.

DEFAULT AND RE-ENTRY. Except for a default under In the preceding paragraph for which immediate right event of termination is given to Ownerany breach of the terms and provisions of this Lease by Tenant, or of Tenant's interest herein, or any part thereof be assigned or transferred without the written consent of Landlord, either voluntarily or by operation of law, whether by judgment, execution, death, receivership or any other means, or if Tenant fails to pay any installment of rent when due (plus interest on past due amounts at vacates or abandons the maximum legal rate from Premises, which shall be conclusively presumed if Tenant leaves the date due) after 3 days written notice, Premises closed or to perform any other covenant under this Lease within unoccupied continuously for thirty (30) days after written days, then in any such event, Landlord, besides other rights or remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Premises and may store such property at the cost of and for the account and risk of Tenant. Should Landlord elect to re-enter as herein provided, or should Landlord take possession pursuant to legal proceedings or pursuant to any notice from Owner stating the nature provided for by law, it may either terminate this Lease or, pursuant to Section 1951.4 of the defaultCalifornia Civil Code, Owner and even though Tenant has breached this Lease and abandoned the Premises, continue the Lease in effect for so long as Landlord does not terminate Tenant's right to possession, and Landlord may enforce all its rights and remedies under the lease, including the right to recover the rent as it becomes due. If Landlord elects to continue the Lease in effect, it may re-enter let the Premises, or any part thereof, for such term or terms (which may be for a term extending beyond the term of this Lease) and take possession at such rental or rentals and upon such other terms and conditions as Landlord, in its sole discretion, may deem advisable and shall have the right to make alterations and repairs to the Premises. Rents received by such Landlord from such re-letting shall be applied: first, to the payment of Premises using all reasonable force to do so; provided, however, that if the nature any costs and expenses of such default re-letting, including a reasonable attorney's fee and any real estate commission actually paid, and any costs and expenses of such alterations and repairs; second, to the payment of any indebtedness, other than for non-rent, due hereunder from Tenant to Landlord; third, to the payment of rent is such that due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent or other obligations as the same cannot reasonably may become due and payable hereunder. If the net rent from such re-letting during any month after first applying the rent received to such fees, costs, expenses and other indebtedness, is less than that to be cured within such thirty-day periodpaid during that month by Tenant hereunder, Tenant shall not pay any such deficiency to Landlord, and such deficiency shall be deemed calculated and paid monthly. No such re-entry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re-letting without termination, Landlord may, at any time thereafter, elect to terminate this Lease for such previous breach. Should Landlord at any time terminate this Lease for any breach, and thereafter seek relief pursuant to Section 1951.2 of the California Civil Code, interest shall be allowed upon unpaid rent for the purposes of Section 1951.2(b) at Ten Percent (10%) per annum or the maximum rate permitted by law (as opposed to the legal rate), if greater. Landlord shall be entitled to recover at the time of an award of damages for default the worth of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of the rental loss that Tenant proves could reasonably be avoided. Unless otherwise agreed between the parties, any proof by Tenant under Sections 1951.2(a)(2), 1951.2(a)(3), or 1951.2(c)(1) of the California Civil Code, or any successor statutes, as to the amount of rental loss that could be reasonably avoided, shall be made in default if the following manner: Landlord and Tenant shall within such period commence such cure and thereafter diligently prosecute each select a licensed real estate broker in the business of renting property of the same to completion. Notwithstanding such retaking type and use as the leased Premises and in the same geographic vicinity, they shall select a third licensed real estate broker, and the three so selected shall determine the amount of possession by Owner, Tenant's liability for the rent provided herein shall not rental loss that could be extinguished reasonably avoided for the balance of the term of this LeaseLease after the time of award. Upon such re-entry, Owner may elect either (i) to terminate this Lease, in which event Tenant shall immediately pay to Owner a sum equal to that by which the then cash value The decision of the total rent reserved under this Lease for the balance majority of the Lease Term exceeds the reasonable rental value of the Premises for the balance of the Lease Term plus costs incident to releasing the Premises including, but not limited to remodeling expenses, attorney's fees and real estate commissions; or (ii) without terminating this Lease, to relet all or any part of the Premises as the agent of and for the account of Tenant upon such terms and conditions as Owner may deem advisable, in which event the rents received on such reletting said brokers shall be applied first to final and binding upon the expenses of reletting parties hereto. The foregoing rights and collection, including necessary renovation and alteration of Premises, reasonable attorney's fees and real estate commissions paid, and thereafter to payment of all sums due to or to become due Owner hereunder, and if a sufficient sum remedies shall not be thus realized to pay such sums and other charges, Tenant shall pay Owner any deficiency monthly, and Owner may bring an action therefor as such monthly deficiency shall arise. In the event of any such retaking of possession of Premises by Owner as herein provided, Tenant shall remove all personal property located thereon and, upon failure to do so upon demand of Owner, Owner may, in addition to and cumulative with any other rights and remedies allowed by law, remove and store the same in any such place selected by Owner, including but not limited available to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay any sums due hereunder or the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Owner may sell any or all such property at public or private sale and shall apply the proceeds of such sale first, to the cost of such sale; second, to the payment of the charges for storage, if any; and third, to the payment of any other sums of money which may be due from Tenant to Owner Landlord under the terms of this LeaseLease or any applicable laws, and the balance, if any, to Tenant. Tenant hereby waives all claims for damages that may be caused by Owner's lawfully re-entering and taking possession of Premises statutes or lawfully removing and storing or selling the property of Tenant as hereinregulations.

DEFAULT AND RE-ENTRY. Lessee covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by Xxxxxx to be kept and performed and that this Lease is made upon the condition of such performance. Except for a default under the preceding paragraph Section 14 for which immediate right of termination is given to OwnerLessor, if Tenant Lessee fails to pay any installment of rent when due within three (plus interest on past due amounts at the maximum legal rate from the date due3) days after 3 days written notice, or to perform any other covenant under this Lease within thirty (30) days after written notice from Owner Lessor stating the nature of the default, Owner Lessor may terminate this Lease and re-enter and take possession of the Leased Premises using all reasonable such force to do soas may be necessary; provided, however, provided that if the nature of such default other than for non-non- payment of rent is such that the same cannot reasonably be cured within such thirty-day period, Tenant Lessee shall not be deemed to be in default if Tenant Lessee shall within such period commence such cure and thereafter diligently prosecute the same to completion. If Lessor elects to terminate this Lease, Lessor may declare all rent owing for the remainder of the Term immediately due and payable, less the amount Lessee proves could reasonably be collected during such period. Notwithstanding such retaking of possession by OwnerXxxxxx and/or termination of this Lease, TenantLessee's liability for the rent provided herein shall not be extinguished for the balance of the term of this Lease. Upon such re-entry, Owner may elect either (i) and Lessee shall make good to terminate this Lease, in which event Tenant shall immediately pay to Owner Lessor any deficiency arising from a sum equal to that by which the then cash value reletting of the total rent reserved under this Lease for Leased Premises at a lesser rental, plus the balance costs and expenses of renovating or altering the Lease Term exceeds Leased Premises and the reasonable rental value of the Premises for the balance of the Lease Term plus costs incident to releasing the Premises including, but not limited to remodeling expenses, attorney's fees and real estate commissions; or (ii) without terminating this Lease, to relet all or any part of the Premises as the agent of and for the account of Tenant upon such terms and conditions as Owner may deem advisable, in which event the rents received on such reletting shall be applied first to the expenses of reletting and collection, including necessary renovation and alteration of the Leased Premises, reasonable attorney's fees and real estate commissions paid, and thereafter to payment of all sums due to or to become due Owner hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant shall pay Owner any deficiency monthly, and Owner may bring an action therefor as such monthly deficiency shall arise. In the event of any such retaking of possession of Premises by Owner as herein provided, Tenant shall remove all personal property located thereon and, upon failure to do so upon demand of Owner, Owner may, in addition to any other remedies allowed by law, remove and store the same in any such place selected by Owner, including but not limited to a public warehouseto, at lease commissions, tenant improvements, etc. Lessee shall pay any such deficiency each month as the expense and risk of Tenantamount thereof is ascertained by Xxxxxx. If Tenant Lessor retakes possession, Lessor shall fail have the right to pay let any sums due hereunder other available space in the Building before reletting or attempting to relet the cost of storing any Leased Premises, and such property after it has been stored for a period of thirty (30) days or more, Owner may sell any or all such property at public or private sale and action shall apply the proceeds of such sale first, to the cost of such sale; second, to the payment of the charges for storage, if any; and third, to the payment not relieve Lessee of any other sums of money which may be due from Tenant its obligations hereunder. All remedies provided herein are cumulative and are in addition to Owner under the terms of this Lease, and the balance, if any, to Tenant. Tenant hereby waives all claims for damages that may be caused those provided by Owner's lawfully re-entering and taking possession of Premises or lawfully removing and storing or selling the property of Tenant as hereinlaw.

DEFAULT AND RE-ENTRY. Except If Lessee defaults in the payment of any rent as required hereby to be paid or, if Lessee defaults in the performance of any term, covenant, condition, or obligation required hereby to be performed by Lessee and such default continues for a default under the preceding paragraph for which immediate right period of termination is given to Owner, if Tenant fails to pay any installment of rent when due (plus interest on past due amounts at the maximum legal rate from the date due) after 3 days written notice, or to perform any other covenant under this Lease within thirty (30) ten days after written notice from Owner stating the nature is mailed to Lessee of the such default, Owner then, in addition to any other remedy Lessor may re-have by operation of law. Lessor shall have the right, without any other or further notice or demand, to enter upon the premises, and take possession eject all persons from the premises and remove all property therefrom, using such lawful force as may be necessary to so do, in which case Lessor shall not be responsible for the care or safety of Premises using persons or property so removed and Lessee hereby waives any and all reasonable force claim for loss or damage to do so; providedproperty or persons so removed from the demised premises by Lessor pursuant hereto, howeverand Lessor, that if in the nature case of any such default other than for non-by Lessee in the payment of rent is such that or in the same cannot reasonably be cured within such thirty-day period, Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion. Notwithstanding such retaking performance of possession by Owner, Tenant's liability for the rent provided herein shall not be extinguished for the balance any one of the term of this Lease. Upon such re-entryterms, Owner covenants, conditions, or obligations herein contained, may elect either (i) to terminate this Lease, in which event Tenant shall immediately pay to Owner a sum equal to that by which the then cash value of the total rent reserved under declare this Lease for the balance of the Lease Term exceeds the reasonable rental value of the Premises for the balance of the Lease Term plus costs incident to releasing the Premises includingterminated, but not limited to remodeling expensestake possession as above provided, attorneyand retain all prepaid rentals and other prepaid expenses or deposits as Lessor's fees and real estate commissions; damages or (ii) Lessor may, without terminating this LeaseLease or declaring a forfeiture of Lessee's rights hereunder, to relet retain all prepaid rentals and other prepaid expenses or deposits, re-let the premises or any part of the Premises thereof, as the agent of and for the account of Tenant Lessee upon such terms and conditions as Owner Lessor may deem advisable, either with or without any unattached equipment or fixtures left remaining in the demised premises by Lessee, in which event the rents received on such reletting re-letting and retained prepayments or deposits shall be applied first to the expenses of reletting such re-letting and collectioncollection of rent, including any necessary renovation and alteration of Premisesthe premises, and reasonable attorney's fees fees, and any actual real estate commissions paid, and thereafter the balance of any such rents, retained pre-payments or deposits shall be applied to the payment of all sums due to or to become due Owner hereunderto Lessor hereunder and, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant . Lessee shall pay Owner to Lessor any deficiency monthly, notwithstanding Lessor may have received rental in excess of the rental stipulated in this Lease in previous or subsequent months, and Owner Lessor may bring an action therefor as such monthly deficiency shall arise. In the event of any such retaking of possession of Premises by Owner as herein provided, Tenant shall remove all personal property located thereon and, upon failure to do so upon demand of Owner, Owner may, in addition which event Lessor shall be entitled to any other remedies allowed by law, remove recover reasonable attorney's fees for commencing and store the same in any prosecuting such place selected by Owner, including but not limited suit. Lessor shall be entitled to a public warehouse, at the expense each and risk all of Tenant. If Tenant shall fail to pay any sums due hereunder or the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Owner may sell any or all such property at public or private sale and shall apply the proceeds of such sale first, to the cost of such sale; second, to the payment of the charges for storage, if any; and third, to the payment of any other sums of money which may be due from Tenant to Owner under the terms of this LeaseLessxx'x xemedies, and the balanceelection to proceed with one may not be construed as excluding the subsequent use of any other. The remedies herein granted to Lessor shall not be construed to be any limitation of any rights, if anyor remedies otherwise available to Lessor, but shall be construed to Tenantbe in addition thereto. Tenant hereby waives all claims for damages that may Any reentry by Lessor as aforesaid shall be caused allowed by Owner's lawfully re-entering Lessee without hindrance and taking possession of Premises or lawfully removing and storing or selling the property of Tenant as hereinLessor shall not be liable in damages