Common use of DEFAULT AND RE-ENTRY Clause in Contracts

DEFAULT AND RE-ENTRY. 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 twenty (20) 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 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 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 make alterations and repairs to the premises. Rents received by such Landlord from such re-letting shall be applied: first, to the payment of any costs and expenses of such 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 rent, due hereunder from Tenant to Landlord; third, to the payment of rent 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 may become due and payable hereunder. If rentals received from such re-letting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord, and such deficiency shall be 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 the following manner: Landlord and Tenant shall each select a licensed real estate broker in the business of renting property of the same type and use as the leased premises and in the same geographic vicinity and such 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 the rental loss that could be reasonably avoided for the balance of the term of this Lease after the time of award. The decision of the majority of said licensed real estate brokers shall be final and binding upon the parties hereto.

DEFAULT AND RE-ENTRY. In Except for a default under 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, preceding paragraph for which shall be conclusively presumed if Tenant leaves the premises closed or unoccupied continuously for twenty (20) 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 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 premises and 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 store such property at the cost of and for the account and risk of Tenant. Should Landlord elect to re-enter as herein and take possession of Premises using all reasonable force to do so; provided, or should Landlord take possession pursuant to legal proceedings or pursuant to any notice provide for by lawhowever, it may either terminate this Lease or it may from time to time, without terminating this Lease, re-let that if 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 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 make alterations and repairs to the premises. Rents received by such Landlord from such re-letting shall be applied: first, to the payment of any costs and expenses nature of such 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, default other than rent, due hereunder from Tenant to Landlord; third, to the for non-payment of rent 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 is such that the same may become due and payable hereunder. If rentals received from cannot reasonably be cured within such rethirty-letting during any month be less than that to be paid during that month by Tenant hereunderday period, Tenant shall pay any not be deemed to be in default if Tenant shall within such deficiency period commence such cure and thereafter diligently prosecute the same to Landlord, and such deficiency shall be 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 jurisdictioncompletion. Notwithstanding any such re-letting without terminationretaking of possession by Owner, 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, Tenant's liability 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 rent provided herein shall not be reasonably avoided, shall be made in the following manner: Landlord and Tenant shall each select a licensed real estate broker in the business of renting property of the same type and use as the leased premises and in the same geographic vicinity and such 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 the rental loss that could be reasonably avoided extinguished for the balance of the term of this Lease after 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 time of award. The decision then cash value of the majority total rent reserved under this Lease for the balance of said licensed 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 brokers 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 final applied first to the expenses of reletting and binding 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 parties hereto.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. In the event of any breach of the terms and provisions of this Lease by Tenant, 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 judgementjudgment, 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 twenty (20) 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 provide 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 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 make alterations and repairs to the premises. Rents received by such Landlord from such re-letting shall be applied: first, to the payment of any costs and expenses of such re-letting, including a reasonable attorney's fee 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 rent, due hereunder from Tenant to Landlord; third, to the payment of rent 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 may become due and payable hereunder. If rentals received from such re-letting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord, and such deficiency shall be 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 the following manner: Landlord and Tenant shall each select a licensed real estate broker in the business of renting property of the same type and use as the leased premises and in the same geographic vicinity and such 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 the rental loss that could be reasonably avoided for the balance of the term of this Lease after the time of award. The decision of the majority of said licensed real estate brokers shall be final and binding upon the parties hereto.

DEFAULT AND RE-ENTRY. 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 twenty (20) 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 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 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 make alterations and repairs to the premises. Rents received by such Landlord from such re-letting shall be applied: first, to the payment of any costs and expenses of such 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 rent, due hereunder from Tenant to Landlord; third, to the payment of rent 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 may become due and payable hereunder. If rentals received from such re-letting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord, and such deficiency shall be 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 lawbylaw, 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 the following manner: Landlord and Tenant shall each select a licensed real estate broker in the business of renting property of the same type and use as the leased premises and in the same geographic vicinity and such 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 the rental loss that could be reasonably avoided for the balance of the term of this Lease after the time of award. The decision of the majority of said licensed real estate brokers shall be final and binding upon the parties hereto.

DEFAULT AND RE-ENTRY. In a. If Tenant shall default in any term or condition to be performed by Tenant hereunder, and such default shall continue for thirty (30) days after notice 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 event benefit of any breach of its creditors, or (4) if Tenant shall vacate or abandon the terms and provisions Project Property; then, in such event, Landlord, at Landlord’s option, may declare the term of this Lease by ended and Tenant’s right of possession shall thereupon cease and terminate, or if Tenant's interest herein, and Landlord shall be entitled to possession of the Project Property and may re- enter the Project Property or any part thereof, be assigned with or transferred without the written consent of Landlord, either voluntarily or by operation process of law, whether by judgement, execution, death, receivership or any other meansnotice to quit or of the intention of the Landlord to re-enter the Project Property being hereby expressly waived by Tenant, or if and Landlord may expel and remove Tenant vacates or abandons and all persons occupying the premisesProject Property under Tenant, which shall using such force as may be conclusively presumed if Tenant leaves necessary to do so, and may repossess and enjoy the premises closed or unoccupied continuously for twenty (20) daysProject Property, then in any all without such event, Landlord, besides other rights or remedies it may have, shall have the immediate right of re-entry and may remove all persons repossession working a forfeiture of the rents to be paid and property from the premises terms and may store such property at conditions to be performed by Tenant during 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 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 full term of this Lease. If the default cannot with due diligence be cured within a period of thirty (30) days, and at such rental or rentals if Tenant, within the thirty (30) days after the giving of notice of default by Landlord to Tenant, commences and upon such other terms proceeds diligently and conditions as Landlordwith reasonable dispatch to take all steps and do all work required to cure the default and does cure the default, in its sole discretion, may deem advisable with then Landlord shall not 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 any costs and expenses of such 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 rent, due hereunder from Tenant to Landlord; third, to the payment of rent 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 may become due and payable hereunder. If rentals received from such re-letting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord, and such deficiency shall be 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 the following manner: Landlord and Tenant shall each select a licensed real estate broker in the business of renting property of the same type and use as the leased premises and in the same geographic vicinity and such 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 the rental loss that could be reasonably avoided for the balance of declare the term of this Lease ended by reason of such default; provided, however, that such default shall only be considered cured if acted upon by Tenant with reasonable diligence within the thirty (30) days after the time giving of award. The decision notice of default even if the majority cure is not completed within such thirty (30) days, and provided further, that the curing of said licensed real estate brokers any default in such manner shall not be final construed to limit or restrict the right of Landlord to declare the term of this Lease ended and binding upon the parties heretoto enforce all Landlord’s rights and remedies hereunder for any other default not so cured.

DEFAULT AND RE-ENTRY. In If Lessee defaults in the event payment of any breach 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 period of ten days after written notice is mailed to Lessee of such default, then, in addition to any other remedy Lessor may have by operation of law. Lessor shall have the right, without any other or further notice or demand, to enter upon the premises, and 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 persons or property so removed and Lessee hereby waives any and all claim for loss or damage to property or persons so removed from the demised premises by Lessor pursuant hereto, and Lessor, in the case of any such default by Lessee in the payment of rent or in the performance of any one of the terms and provisions of terms, covenants, conditions, or obligations herein contained, may declare this Lease by Tenantterminated, take possession as above provided, and retain all prepaid rentals and other prepaid expenses or if Tenantdeposits as Lessor's interest hereindamages or Lessor may, without terminating this Lease or declaring a forfeiture of Lessee's rights hereunder, retain all prepaid rentals and other prepaid expenses or deposits, re-let the premises or any part thereof, be assigned or transferred without as 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 twenty (20) 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 agent 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 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 this Lease) and at such rental or rentals and Lessee upon such other terms and conditions as LandlordLessor may deem advisable, either with or without any unattached equipment or fixtures left remaining in the demised premises by Lessee, in its sole discretion, may deem advisable with which event the right to make alterations and repairs to the premises. Rents rents received by such Landlord from on such re-letting and retained prepayments or deposits shall be applied: first, applied first to the payment of any costs and expenses of such re-lettingletting and collection of rent, including a any necessary renovation and alteration of the premises, and reasonable attorney's fee fees, and any actual real estate commission actually commissions paid, and thereafter the balance of any costs and expenses of such alterations and repairs; secondrents, retained pre-payments or deposits shall be applied to the payment of all sums due or to become due to Lessor hereunder and, if a sufficient sum shall not be thus realized to pay such sums and other charges. Lessee shall pay to Lessor any indebtednessdeficiency monthly, other than rentnotwithstanding Lessor may have received rental in excess of the rental stipulated in this Lease in previous or subsequent months, due hereunder from Tenant and Lessor may bring an action therefor as such monthly deficiency shall arise, in which event Lessor shall be entitled to Landlord; thirdrecover reasonable attorney's fees for commencing and prosecuting such suit. Lessor shall be entitled to each and all of Lessxx'x xemedies, to the payment of rent due and unpaid hereunder; and the residue, if any, election 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 held by Landlord and applied in payment of future rent or other obligations as the same may become due and payable hereunder. If rentals received from such re-letting during any month be less than that construed to be paid during that month by Tenant hereunderany limitation of any rights, Tenant shall pay any such deficiency or remedies otherwise available to LandlordLessor, and such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of said premises by Landlord but shall be construed to be in addition thereto. Any reentry by Lessor 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 aforesaid 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 Lessee without hindrance and Lessor shall not be reasonably avoided, shall be made liable in the following manner: Landlord and Tenant shall each select a licensed real estate broker in the business of renting property of the same type and use as the leased premises and in the same geographic vicinity and such 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 the rental loss that could be reasonably avoided for the balance of the term of this Lease after the time of award. The decision of the majority of said licensed real estate brokers shall be final and binding upon the parties hereto.damages

DEFAULT AND RE-ENTRY. In If the event 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 breach of its covenants or agreements under this Agreement (other than its covenant to pay Rent or amounts payable as Rent) and such default continues for a period of 30 days (or such longer period as may be reasonably necessary to cure such default considering its nature) after notice by the Lessor to the Lessee specifying with reasonable particularity the nature of such default and requiring the same to be remedied; or If the default set out in the notice given to the Lessee by the Lessor pursuant to paragraph (b) reasonably requires more time to cure than the thirty (30) day period referred to in that para- graph and the Lessee has not commenced remedying or curing the same within the thirty (30) day period or; in the opinion of the terms Lessor fails to diligently complete the same within a reason- able time; or If the Lessee makes an assignment for the benefit of creditors, 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 this Lease by Tenant, any statute now or if Tenant's interest hereinhereafter in force concerning bankrupt or insolvent debtors, or any action whatsoever, legislative or otherwise is taken with a view to the winding up, dissolution or liquidation of the Lessee; THEN, the balance of Rent owing under this lease shall immediately become due and payable, and at the option of the Lessor the Term hereby granted shall become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever forthwith re-enter upon the Land, the Building or any part thereofthereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding. Forfeiture of this lease by the Lessee shall be assigned wholly without prejudice to the right of the Lessor to recover arrears of Rent or transferred without damages for any antecedent breach of covenant on the written consent part of Landlordthe Lessee, either voluntarily and 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 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 twenty (20) 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 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 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 make alterations and repairs to the premises. Rents received by such Landlord from such re-letting shall be applied: first, to the payment of any costs and expenses of such 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 rent, due hereunder from Tenant to Landlord; third, to the payment of rent 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 may become due and payable hereunder. If rentals received from such re-letting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord, and such deficiency shall be 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 the following manner: Landlord and Tenant shall each select a licensed real estate broker in the business of renting property of the same type and use as the leased premises and in the same geographic vicinity and such 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 the rental loss that could be reasonably avoided for the balance of the term of this Lease after the time of award. The decision of the majority of said licensed real estate brokers shall be final and binding upon the parties hereto.

DEFAULT AND RE-ENTRY. In If Lessee fails to pay any installment of rent within ten (10) days after written notice, or to perform any other covenant under this Lease within thirty (30) days after written notice from Lessor stating the event of any breach nature of the terms and provisions of default, Lessor may cancel 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 twenty (20) 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 and take possession of Premises using all necessary force to do so; provided, or should Landlord take possession pursuant to legal proceedings or pursuant to any notice provide for by lawhowever, it may either terminate this Lease or it may from time to time, without terminating this Lease, re-let that if 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 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 make alterations and repairs to the premises. Rents received by such Landlord from such re-letting shall be applied: first, to the payment of any costs and expenses nature of such 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, default other than rent, due hereunder from Tenant to Landlord; third, to the for non-payment of rent 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 is such that the same may become due and payable hereunder. If rentals received from cannot reasonably be cured within such rethirty-letting during any month day period, Lessee shall not be less than that deemed to be paid during that month by Tenant hereunder, Tenant in default if Lessee shall pay any within such deficiency period commence such cure and thereafter diligently prosecute the same to Landlord, and such deficiency shall be calculated and paid monthlycompletion. No Notwithstanding such re-entry or taking possession by Xxxxxx, the liability 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, Lessee 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 rent provided for herein shall not be reasonably avoided, shall be made in the following manner: Landlord and Tenant shall each select a licensed real estate broker in the business of renting property of the same type and use as the leased premises and in the same geographic vicinity and such 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 the rental loss that could be reasonably avoided extinguished for the balance of the term of this Lease after Lease, and Lessee covenants and agrees to make good to the time of award. The decision Lessor any deficiency arising from a re-entry and reletting of the majority Premises at a lesser rental than agreed to herein. Lessee shall pay such deficiency each month as the amount thereof is ascertained by Xxxxxx. In the event of said licensed real estate brokers any such retaking of possession of Premises by Xxxxxx as herein provided, Xxxxxx shall remove all personal property located thereon and, upon failure to do so upon demand of Lessor, Lessor may reasonably remove and store the same in any place selected by Lessor, including but not limited to a public warehouse, at the expense and risk of Lessee. If 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, 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 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 Lessee to Lessor under the terms of this Lease, and the balance, if any, to Lessee. Lessee hereby waives all claims for damages that may be caused by Xxxxxx's lawfully re-entering and taking possession of Premises or lawfully removing and storing the property of Xxxxxx as herein provided, and will save Lessor harmless from loss, costs or damages occasioned Lessor thereby, and no such lawful re-entry shall be final and binding upon the parties heretoconsidered or construed to be a forcible entry.

DEFAULT AND RE-ENTRY. Time is of the essence of this agreement. Lessee shall be in default under this Lease if (1) he abandons or vacates the premises prior to the expiration of the term without written consent of Lessor; (2) fails to pay the monthly rental as it becomes due; (3) 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 breach of the provisions of this Lease and Lessee shall have thirty (30) days within which to correct the defaults from the date of receipt of the notice. In the event of any breach of this lease by Lessee or Lessor, having given a thirty (30) day notice to Lessee to cure 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 twenty (20) days, then in any such event, Landlordbreach, besides other rights or remedies it he may have, shall have the immediate right of to re-entry enter and may remove all persons and property from the premises and may store such property may be removed and stored in a public warehouse or elsewhere at the a cost of and for the account and risk of TenantLessee. Should Landlord Lessor elect to re-enter enter, as herein provided, or should Landlord he take possession pursuant to legal proceedings or pursuant to any notice provide for provided by law, it he may either terminate this Lease Lease, or it he may from time to time, without terminating this Lease, re-let the premises, said premises or any part thereof, thereof for such the un-expired portion of their primary or renewal term or terms (which may be for a term extending beyond the term of this Lease) and at such rental or rentals and upon such other reasonable terms and conditions as Landlord, in its sole discretion, may deem advisable with the right to make alterations and repairs to the premises. Rents received by such Landlord from conditions; upon such re-letting Lessee shall be applied: firstimmediately liable to pay to Lessor, in addition to the payment of any costs and expenses of such 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, indebtedness other than rent, rent due hereunder from Tenant to Landlord; third, to the payment of rent due and unpaid hereunder; and the residueamount, if any, shall by which the unpaid rent is reserved in this lease for the primary or renewal term exceeds the amount to be held by Landlord and applied in payment of future rent or other obligations as paid under the same may become due and payable hereunder. If rentals received from such re-letting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord, and such deficiency shall be calculated and paid monthly. No such reagreement as rent for the demised premises for the un-entry or taking possession expired portion of said premises by Landlord primary or renewal term. In the event that Lessee chooses to remedy any defaults Lessee shall also be construed as an election on its part liable 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 Lessor for any breach, and thereafter seek relief pursuant attorney fees incurred by way of sending notice to Section 1951.2 Lessee 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 the following manner: Landlord and Tenant shall each select a licensed real estate broker in the business of renting property of the same type and use as the leased premises and in the same geographic vicinity and such 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 the rental loss that could be reasonably avoided for the balance of the term of this Lease after the time of award. The decision of the majority of said licensed real estate brokers shall be final and binding upon the parties heretoany default.

DEFAULT AND RE-ENTRY. In the event of any breach of the terms and provisions of this Lease by Tenant, or if of Tenant's interest herein, or any part thereof, thereof be assigned or transferred without the written consent of Landlord, either voluntarily or by operation of law, whether by judgementjudgment, execution, death, receivership or any other means, or if Tenant vacates or abandons the premisesPremises, which shall be conclusively presumed if Tenant leaves the premises Premises closed or unoccupied continuously for twenty thirty (2030) 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 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 provide provided for by law, it may either terminate this Lease or or, pursuant to Section 1951.4 of the California Civil Code, 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 from time to time, without terminating this Lease, re-let the premisesPremises, or any part thereof, for such term or terms (which may be for a term extending beyond the term of 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 and shall have the right to make alterations and repairs to the premisesPremises. Rents received by such Landlord from such re-letting shall be applied: first, to the payment of any costs and expenses of such 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 rent, due hereunder from Tenant to Landlord; third, to the payment of rent 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 may become due and payable hereunder. If rentals received the net rent from such re-letting during any month be after first applying the rent received to such fees, costs, expenses and other indebtedness, is less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord, and such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of said premises 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, rent for the purposes of Section 1951.2(b), ) at ten percent Ten Percent (10%) per annum or the maximum rate permitted by lawlaw (as opposed to the legal rate), whichever is if greater. Any 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 subparagraphs (2Sections 1951.2(a)(2), 1951.2(a)(3), or 1951.2(c)(1) or (3) of subdivision (a) 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 the following manner: Landlord and Tenant shall each select a licensed real estate broker in the business of renting property of the same type and use as the leased premises Premises and in the same geographic vicinity and such two real estate brokers vicinity, they shall select a third licensed real estate broker broker, and the three licensed real estate brokers so selected shall determine the amount of the rental loss that could be reasonably avoided for the balance of the term of this Lease after the time of award. The decision of the majority of said licensed real estate brokers shall be final and binding upon the parties hereto. The foregoing rights and remedies shall be in addition to and cumulative with any other rights and remedies available to Landlord under the terms of this Lease or any applicable laws, statutes or regulations.

DEFAULT AND RE-ENTRY. In the event of any breach Lessee covenants as a material part of the terms and provisions of consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by Tenant, or if Tenant's interest herein, or any part thereof, Xxxxxx to be assigned or transferred without kept and performed and that this Lease is made upon the written consent condition 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 such performance. Except for a default under the premises, preceding Section 14 for which shall be conclusively presumed if Tenant leaves the premises closed or unoccupied continuously for twenty (20) days, then in any such event, Landlord, besides other rights or remedies it may have, shall have the immediate right of re-entry termination is given to Lessor, if Lessee fails to pay any installment of rent within three (3) days after written notice, or to perform any other covenant under this Lease within thirty (30) days after written notice from Lessor stating the nature of the default, Lessor may terminate this Lease 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 and take possession pursuant of the Leased Premises using such force as may be necessary; 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, Lessee shall not be deemed to legal proceedings or pursuant be in default if Lessee shall within such period commence such cure and thereafter diligently prosecute the same to any notice provide for by law, it may either completion. If Lessor elects to terminate this Lease or it may from time to time, without terminating this Lease, re-let Lessor may declare all rent owing for the premisesremainder of the Term immediately due and payable, or any part thereof, for less the amount Lessee proves could reasonably be collected during such term or terms (which may be for a term extending beyond the term period. Notwithstanding such retaking of possession by Xxxxxx and/or termination of 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 make alterations and repairs to the premises. Rents received by such Landlord from such re-letting shall be applied: first, to the payment of any costs and expenses of such re-letting, including a reasonable attorneyLessee'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 rent, due hereunder from Tenant to Landlord; third, to the payment of rent 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 may become due and payable hereunder. If rentals received from such re-letting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord, and such deficiency shall be 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, liability 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 rent provided herein shall not be reasonably avoided, shall be made in the following manner: Landlord and Tenant shall each select a licensed real estate broker in the business of renting property of the same type and use as the leased premises and in the same geographic vicinity and such 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 the rental loss that could be reasonably avoided extinguished for the balance of the term of this Lease after the time of award. The decision Lease, and Lessee shall make good to Lessor any deficiency arising from a reletting of the majority Leased Premises at a lesser rental, plus the costs and expenses of said licensed real estate brokers renovating or altering the Leased Premises and the costs and expenses of reletting the Leased Premises, including but not limited to, lease commissions, tenant improvements, etc. Lessee shall be final pay any such deficiency each month as the amount thereof is ascertained by Xxxxxx. If Lessor retakes possession, Lessor shall have the right to let any other available space in the Building before reletting or attempting to relet the Leased Premises, and binding upon the parties heretosuch action shall not relieve Lessee of any of its obligations hereunder. All remedies provided herein are cumulative and are in addition to those provided by law.

DEFAULT AND RE-ENTRY. 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 judgementjudgment, execution, death, receivership or any other means, or if Tenant vacates or abandons the premisesPremises, which shall be conclusively presumed if Tenant leaves the premises Premises closed or unoccupied continuously for twenty (20) 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 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 provide provided for by law, it may either terminate this Lease or or, pursuant to Section 1951.4 of the California Civil Code, 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 from time to time, without terminating this Lease, re-let the premisesPremises, or any part thereof, for such term or terms (which may be for a term extending beyond the term of 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 and shall have the right to make alterations and repairs to the premisesPremises. Rents received by such Landlord from such re-letting shall be applied: first, to the payment of any costs and expenses of such 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 rent, due hereunder from Tenant to Landlord; third, to the payment of rent 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 may become due and payable hereunder. If rentals received the net rent from such re-letting during any month be after first applying the rent received to such fees, costs, expenses and other indebtedness, is less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord, and such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of said premises 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, rent for the purposes of Section 1951.2(b), ) at ten percent Ten Percent (10%) per annum or the maximum rate permitted by lawlaw (as opposed to the legal rate), whichever is if greater. Any 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 Subparagraphs (2) or (3) of subdivision 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 the following manner: Landlord and Tenant shall each select a licensed real estate broker in the business of renting property of the same type and use as the leased premises Premises and in the same geographic vicinity and such two real estate brokers vicinity, they shall select a third licensed real estate broker broker, and the three licensed real estate brokers so selected shall determine the amount of the rental loss that could be reasonably avoided for the balance of the term of this Lease after the time of award. The decision of the majority of said licensed real estate brokers shall be final and binding upon the parties hereto. The foregoing rights and remedies shall be in addition to and cumulative with any other rights and remedies available to Landlord under the terms of this Lease or any applicable laws, statutes or regulations.

DEFAULT AND RE-ENTRY. In Except for a default under 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, preceding paragraph for which shall be conclusively presumed if Tenant leaves the premises closed or unoccupied continuously for twenty (20) 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 termination is given to Owner, if Tenant falls to pay any installment of rent when due (plus interest on past due amounts at the maximum legal rate from the premises 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 may store such property at the cost take possession of and for the account and risk of Tenant. Should Landlord elect Premises using all reasonable force to re-enter as herein do so; provided, or should Landlord take possession pursuant to legal proceedings or pursuant to any notice provide for by lawhowever, it may either terminate this Lease or it may from time to time, without terminating this Lease, re-let that if 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 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 make alterations and repairs to the premises. Rents received by such Landlord from such re-letting shall be applied: first, to the payment of any costs and expenses nature of such 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, default other than rent, due hereunder from Tenant to Landlord; third, to the for non- payment of rent 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 is such that the same may become due and payable hereunder. If rentals received from cannot reasonably be cured within such rethirty-letting during any month be less than that to be paid during that month by Tenant hereunderday period, Tenant shall pay any not be deemed to be in default if Tenant shall within such deficiency period commence such cure and thereafter diligently prosecute the same to Landlord, and such deficiency shall be 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 jurisdictioncompletion. Notwithstanding any such re-letting without terminationretaking of possession by Owner, 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, Tenant's liability 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 rent provided herein shall not be reasonably avoided, shall be made in the following manner: Landlord and Tenant shall each select a licensed real estate broker in the business of renting property of the same type and use as the leased premises and in the same geographic vicinity and such 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 the rental loss that could be reasonably avoided extinguished for the balance of the term of this Lease after 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 time of award. The decision then cash value of the majority total rent reserved under this Lease for the balance of said licensed 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 brokers 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 final applied first to the expenses of reletting and binding 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 parties heretosame 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 herein 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. In a. If Tenant shall default in any term or condition to be performed by Tenant hereunder, and such default shall continue for thirty (30) days after notice 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 event benefit of any breach of its creditors, or (4) if Tenant shall vacate or abandon the terms and provisions Project Property; then, in such event, Landlord, at Landlord’s option, may declare the term of this Lease by Tenantended and Xxxxxx’s right of possession shall thereupon cease and terminate, or if Tenant's interest herein, and Landlord shall be entitled to possession of the Project Property and may re- enter the Project Property or any part thereof, be assigned with or transferred without the written consent of Landlord, either voluntarily or by operation process of law, whether by judgement, execution, death, receivership or any other meansnotice to quit or of the intention of the Landlord to re-enter the Project Property being hereby expressly waived by Xxxxxx, or if and Landlord may expel and remove Tenant vacates or abandons and all persons occupying the premisesProject Property under Tenant, which shall using such force as may be conclusively presumed if Tenant leaves necessary to do so, and may repossess and enjoy the premises closed or unoccupied continuously for twenty (20) daysProject Property, then in any all without such event, Landlord, besides other rights or remedies it may have, shall have the immediate right of re-entry and may remove all persons repossession working a forfeiture of the rents to be paid and property from the premises terms and may store such property at conditions to be performed by Xxxxxx during 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 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 full term of this Lease. If the default cannot with due diligence be cured within a period of thirty (30) days, and at such rental or rentals if Tenant, within the thirty (30) days after the giving of notice of default by Landlord to Tenant, commences and upon such other terms proceeds diligently and conditions as Landlordwith reasonable dispatch to take all steps and do all work required to cure the default and does cure the default, in its sole discretion, may deem advisable with then Landlord shall not 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 any costs and expenses of such 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 rent, due hereunder from Tenant to Landlord; third, to the payment of rent 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 may become due and payable hereunder. If rentals received from such re-letting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord, and such deficiency shall be 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 the following manner: Landlord and Tenant shall each select a licensed real estate broker in the business of renting property of the same type and use as the leased premises and in the same geographic vicinity and such 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 the rental loss that could be reasonably avoided for the balance of declare the term of this Lease ended by reason of such default; provided, however, that such default shall only be considered cured if acted upon by Tenant with reasonable diligence within the thirty (30) days after the time giving of award. The decision notice of default even if the majority cure is not completed within such thirty (30) days, and provided further, that the curing of said licensed real estate brokers any default in such manner shall not be final construed to limit or restrict the right of Landlord to declare the term of this Lease ended and binding upon the parties heretoto enforce all Landlord’s rights and remedies hereunder for any other default not so cured.

DEFAULT AND RE-ENTRY. In If Lessee fails to pay any installment of rent within ten (10) days after written notice of said failure to pay rent, or to perform any other covenant under this Lease within thirty (30) days after written notice from Lessor stating the event of any breach nature of the terms and provisions of this Lease by Tenant, default 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 commits any other meansact of breach or default, or Lessor may re-enter and take possession of Premises and Lessee agrees to quit and surrender the Premises to Lessor, but Lessee shall remain liable as hereafter provided; provided, however, that if Tenant vacates or abandons the premisesnature of such default Other than for nonpayment of rent is such that the same cannot reasonably be cured within such thirty (30) day period, which Lessee shall not be conclusively presumed deemed to be in default if Tenant leaves Lessee shall within such period commence such cure and thereafter diligently prosecute the premises closed or unoccupied continuously for twenty (20) days, then in same to completion. Notwithstanding any such event, Landlord, besides other rights or remedies it may have, shall have the immediate right of re-entry and retaking of possession, lessor may remove all persons and property from elect either (a) to terminate Lessee's right of tenancy, in which event Lessee shall immediately pay to Lessor a sum equal to that by which the premises and may store such property at then cash value of the cost of and total rents reserved under this Lease for the account and risk balance of Tenant. Should Landlord elect to re-enter as herein provided, the Lease term; 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, (b) without terminating this Lease, re-let the premises, to relet or attempt to relet all or any part thereof, for such term or terms (which may be for a term extending beyond portion of the term of this Lease) and at such rental or rentals and Premises upon such other terms and conditions as Landlordthe market conditions at that time allow, in its sole discretionwhich 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 fees and real estate commissions paid, and thereafter to payment of all sums due or to become due owner hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Lessee shall pay Lessor any and all deficiencies, and Lessor may deem advisable bring an action therefore as such deficiencies become known with certainty. If Lessor elects this subsection "(b)" remedy, it shall have the right to make alterations and repairs let any attempting to the premises. Rents received by such Landlord from such re-letting shall be applied: first, to the payment of any costs and expenses of such re-letting, including a reasonable attorneyrelet Lessee'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 rent, due hereunder from Tenant to Landlord; third, to the payment of rent 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 may become due and payable hereunder. If rentals received from such re-letting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to LandlordPremises, and such deficiency action by Lessor shall be calculated and paid monthly. No such re-entry or taking possession not relieve Lessee from any 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 the following manner: Landlord and Tenant shall each select a licensed real estate broker in the business of renting property of the same type and use as the leased premises and in the same geographic vicinity and such 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 the rental loss that could be reasonably avoided for the balance of the term of this Lease after the time of award. The decision of the majority of said licensed real estate brokers shall be final and binding upon the parties heretoLessee's obligations hereunder.

DEFAULT AND RE-ENTRY. In Except for a default under the event preceding paragraph, for which right of termination is given to Landlord, if Tenant fails to pay any breach installment of rent within ten (10) 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, whether or not legally demanded, or to perform any other covenant under this lease within thirty (30) days after written notice from Landlord stating the nature of the terms and provisions of this Lease by Tenant, default or if Tenant's interest herein, or any part thereof, the nature of such default other than for nonpayment of rent is such that the same cannot be assigned or transferred without reasonably cured within such thirty (30) day period and Tenant has not within such period commenced such cure and thereafter diligently prosecuted 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 twenty (20) dayssame to completion, then in any such event, Landlord, besides other rights or remedies it Landlord may have, shall have the immediate right of re-entry cancel this lease 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 and take possession pursuant of the Premises using all necessary force to legal proceedings or pursuant to any notice provide for do so. Notwithstanding such retaking of possession 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 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 make alterations and repairs to the premises. Rents received by such Landlord from such re-letting shall be applied: first, to the payment of any costs and expenses of such re-letting, including a reasonable attorneyTenant'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 rent, due hereunder from Tenant to Landlord; third, to the payment of rent 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 may become due and payable hereunder. If rentals received from such re-letting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord, and such deficiency shall be 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, liability 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 rent provided herein shall not be reasonably avoided, shall be made in the following manner: Landlord and Tenant shall each select a licensed real estate broker in the business of renting property of the same type and use as the leased premises and in the same geographic vicinity and such 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 the rental loss that could be reasonably avoided extinguished for the balance of the term of this Lease after lease. Upon such re-entry Landlord may elect (i) to terminate this lease, in which event Tenant shall immediately pay to Landlord a sum equal to any and all rent payments that are then due and which will become due under this lease for the time of award. The decision balance of the majority term of said licensed (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 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 brokers commission paid, and thereafter to make payment of all sums due or to become due Landlord hereunder, and if a sufficient sum shall not be final thus realized to pay such sum and binding other charges, Tenant shall pay Landlord any deficiency monthly, and Landlord may bring and action therefore as such monthly deficiency shall arise. In the event of any such retaking of possession of Premises by Landlord as herein provided, Tenant, if requested by Landlord, shall remove all personal property located therein and, upon failure to do so on demand, the parties heretoLandlord may re-enter the premises by force, summary proceedings or otherwise, and remove all persons and their effects therefrom without being liable to prosecution therefore and may hold the Premises as if the lease had not been made.

DEFAULT AND RE-ENTRY. In It is expressly agreed between the event of any breach parties hereto that, if default be made in the payment of the terms and provisions of this Lease by Tenant, or if Tenant's interest herein, rent above reserved or any part thereof, or in any of the covenants and agreements herein contained to be assigned or transferred without kept by the Tenant, after thirty (30) days' notice to Tenant of such alleged breach, (except five [5] days written consent notice for nonpayment of Landlordrental), 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 it shall be conclusively presumed lawful for the Landlord or assigns at any time after the expiration of said notice, if Tenant leaves the premises closed or unoccupied continuously for twenty (20) dayssaid default is not cured, 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 election of and for the account and risk of Tenant. Should Landlord elect or assigns, to re-enter 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, said demised premises or any part thereof, for either with or without process of law, and to expel, remove and put out the Tenant or any other person or persons occupying the same, using such term or terms (which force as may be necessary so to do, and the said premises again to repossess and enjoy, as before this demise, without prejudice or any remedies which might otherwise be used for a term extending beyond the term arrears of this Lease) and at rent or preceding breach of covenants. In case of such rental or rentals and upon such other terms and conditions as Landlordtermination, in its sole discretion, may deem advisable with the right to make alterations and repairs to the premises. Rents received by such Landlord from such re-letting shall be applied: firstentry, or dispossession by summary proceedings or otherwise, the Tenant will also pay to Landlord all expenses which Landlord may then or thereafter incur for legal expenses, reasonable attorney fees, brokerage commissions, and all other reasonable costs paid or incurred by Landlord for restoring the payment of any costs demised premises to good order and expenses of such condition and for altering or otherwise preparing the same for re-letting, including a reasonable attorneyand title to all Tenant'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 rent, due hereunder from Tenant improvements shall revert to Landlord; third, to the payment of rent 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 may become due and payable hereunder. If rentals received from such re-letting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord, and such deficiency shall be 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 the following manner: Landlord and Tenant shall each select a licensed real estate broker in the business of renting property of the same type and use as the leased premises and in the same geographic vicinity and such 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 the rental loss that could be reasonably avoided for the balance of the term of this Lease after the time of award. The decision of the majority of said licensed real estate brokers shall be final and binding upon the parties hereto.

DEFAULT AND RE-ENTRY. In the event of any breach Lessee covenants as a material part of the terms and provisions of consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by Tenant, or if Tenant's interest herein, or any part thereof, Lessee to be assigned or transferred without kept and performed and that this Lease is made upon the written consent condition 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 such performance. Except for a default under the premises, preceding Section 15 for which shall be conclusively presumed if Tenant leaves the premises closed or unoccupied continuously for twenty (20) days, then in any such event, Landlord, besides other rights or remedies it may have, shall have the immediate right of re-entry termination is given to Lessor, if Lessee fails to pay any installment of rent within three (3) days after written notice, or to perform any other covenant under this Lease within thirty (30) days after written notice from Lessor stating the nature of the default, Lessor may terminate this Lease 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 and take possession pursuant of the Leased Premises using such force as may be necessary; 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, Lessee shall not be deemed to legal proceedings or pursuant be in default if Lessee shall within such period commence such cure and thereafter diligently prosecute the same to any notice provide for by law, it may either completion. If Lessor elects to terminate this Lease or it may from time to time, without terminating this Lease, re-let Lessor may declare all rent owing for the premisesremainder of the Term immediately due and payable, or any part thereof, for less the amount Lessee proves could reasonably be collected during such term or terms (which may be for a term extending beyond the term period. Notwithstanding such retaking of possession by Lessor and/or termination of 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 make alterations and repairs to the premises. Rents received by such Landlord from such re-letting shall be applied: first, to the payment of any costs and expenses of such re-letting, including a reasonable attorneyLessee'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 rent, due hereunder from Tenant to Landlord; third, to the payment of rent 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 may become due and payable hereunder. If rentals received from such re-letting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord, and such deficiency shall be 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, liability 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 rent provided herein shall not be reasonably avoided, shall be made in the following manner: Landlord and Tenant shall each select a licensed real estate broker in the business of renting property of the same type and use as the leased premises and in the same geographic vicinity and such 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 the rental loss that could be reasonably avoided extinguished for the balance of the term of this Lease after the time of award. The decision Lease, and Lessee shall make good to Lessor any deficiency arising from a reletting of the majority Leased Premises at a lesser rental, plus the reasonable costs and expenses of said licensed real estate brokers renovating or altering the Leased Premises and the reasonable costs and expenses of reletting the Leased Premises, including but not limited to, lease commissions, tenant improvements, etc. Lessee shall be final pay any such deficiency each month as the amount thereof is ascertained by Lessor. If Lessor retakes possession, Lessor shall have the right to let any other available space in the Building before reletting or attempting to relet the Leased Premises, and binding upon the parties heretosuch action shall not relieve Lessee of any of its obligations hereunder. All remedies provided herein are cumulative and are in addition to those provided by law.

DEFAULT AND RE-ENTRY. In the event of any breach Time is of the terms and provisions essence of this Lease by Tenantagreement. If (i) (a) any rent or other payment due from Lessee hereunder remains unpaid for more than thirty (30) days after the date it is due; (b) Lessee files a voluntary petition in bankruptcy or makes a general assignment to the benefit of, or if Tenanta 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 interest 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 of such violation or any part thereofbreach is sent to Lessee, be assigned or transferred without then Lessor may at its option, declare this lease forfeited and the written consent of Landlord, either voluntarily or by operation of law, whether by judgement, execution, death, receivership or any other meansterm hereof ended, or if Tenant vacates or abandons the premises, which shall be conclusively presumed if Tenant leaves the premises closed or unoccupied continuously for twenty (20) 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 without terminating this lease elect to re-enter as herein providedand attempt to relet, or should Landlord take possession pursuant in which event Lessee authorizes Lessor 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 relet the premises, premises or any part thereof, thereof for such term or terms (which may be for a term term, extending beyond the term of this Leaselease) and at such rental or rentals and upon such other terms and conditions as Landlord, Lessor in its sole discretiondiscretion deems advisable. Upon each such reletting, may deem advisable with the right to make alterations and repairs to the premises. Rents all rentals received by such Landlord Lessor from such re-letting 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 re-lettingreletting and renovation, including a reasonable attorney's fee brokerage 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 rent, due hereunder from Tenant to Landlordattorneys' fees; third, to the payment of rent due and unpaid hereunder; , and the residue, if any, any shall be held by Landlord Lessor and applied in to payment of future rent or other obligations as the same may become due and payable hereunder. If rentals rental received from such re-letting reletting during any month be are less than that to be paid during that month by Tenant Lessee hereunder, Tenant Lessee shall pay any such deficiency to LandlordLessor, and such deficiency shall be calculated Lessee covenants and paid monthly. No such re-entry or taking possession agrees to pay Lessor for all other expenses resulting from its default, including, but not limited to, brokerage commissions, attorneys fees and the reasonable cost of said converting the 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 for 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 benefit of the California Civil Code, next Lessee. Delinquent rental and other payments shall bear interest shall be allowed upon unpaid rent, for at the purposes rate of Section 1951.2(b), at ten twelve percent (1012%) per annum from the date due until paid. In the event of any default hereunder and entry in, or taking possession of, the maximum rate permitted premises, Lessor shall have the right, but not the obligation, to remove from the premises all personal property located therein, and may store the same in any place selected by lawLessor, whichever is greater. Any proof by Tenant under subparagraphs (2) or (3) of subdivision (a) of Section 1951.2 including but not limited to a public warehouse, at the expense and risk of the California Civil Codeowners thereof, as with the right to sell such stored property, without notice to Lessee, after it has been stored for a period of thirty (30) days or more, with the proceeds of such sale to be applied to the amount cost of rental loss that could such sale and to the payment of charges for storage, and to the payment of any other sums of money which may then be reasonably avoided, shall be made in the following manner: Landlord and Tenant shall each select a licensed real estate broker in the business of renting property due from Lessee to Lessor under any of the same type and use as the leased premises and in the same geographic vicinity and such 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 the rental loss that could be reasonably avoided for the balance of the term of this Lease after the time of award. The decision of the majority of said licensed real estate brokers shall be final and binding upon the parties heretoterms hereof.

DEFAULT AND RE-ENTRY. In Except for a default under 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, preceding paragraph for which shall be conclusively presumed if Tenant leaves the premises closed or unoccupied continuously for twenty (20) days, then in any such event, Landlord, besides other rights or remedies it may have, shall have the immediate right of re-entry termination is given to Lessor, if Lessee fails to make any monthly rent payment within ten (10) days after written notice, or to perform any other covenant under this lease within thirty (30) days after written notice from Lessor stating the nature of the default, Lessor may cancel this lease and may remove re- enter and take possession of Premises using 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 legal means to re-enter as herein do so; provided, or should Landlord take possession pursuant to legal proceedings or pursuant to any notice provide for by lawhowever, it may either terminate this Lease or it may from time to time, without terminating this Lease, re-let that if 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 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 make alterations and repairs to the premises. Rents received by such Landlord from such re-letting shall be applied: first, to the payment of any costs and expenses nature of such 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, default other than rent, due hereunder from Tenant to Landlord; third, to the for non-payment of rent 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 is such that the same may become due and payable hereundercannot reasonably be cured within such thirty (30) day period. If rentals received from such re-letting during any month Lessee shall not be less than that deemed to be paid during that month by Tenant hereunder, Tenant in default if Lessee shall pay any within such deficiency period commence such cure and thereafter diligently prosecute the same to Landlord, and such deficiency shall be 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 jurisdictioncompletion. Notwithstanding any such re-letting without terminationretaking of possession by Lessor, Landlord may, at any time thereafter, elect to terminate this Lease Lessee's liability 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 tile rent provided herein shall not 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 the following manner: Landlord and Tenant shall each select a licensed real estate broker in the business of renting property of the same type and use as the leased premises and in the same geographic vicinity and such 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 the rental loss that could be reasonably avoided extinguished for the balance of the term of this Lease after lease. Upon such re-entry, Lessor may elect either (i) to terminate this lease, in which event Lessee shall immediately pay to Lessor a sum equal to that by which the time of award. The decision then cash value of the majority total rent reserved under this lease for the balance of said licensed real estate brokers the lease term exceeds the then reasonable rental value of the Premises for the balance of the lease term; or (ii) without terminating this lease, to relet all or any part of the Prem- ises as the agent of and for the account of Lessee upon such terms and conditions as Lessor may deem advisable, in which event the rents received on such reletting shall be final applied first to the expenses of reletting and binding collection including necessary renovation and alterations of the Premises, reasonable attorney's fees and leasing commissions paid, and thereafter to payment of all sums due or to become due Lessor hereunder, and if a sufficient sum shall not be realized to pay such sums and other charges, Lessee shall pay Lessor any deficiency monthly, and Lessor may bring an action therefor as such monthly deficiency shall arise. In the event of any such retaking of possession of Premises by Lessor as herein provided, Lessee shall remove all personal property located thereon and, upon failure to do so upon demand of Lessor, Lessor may remove and store the parties heretosame in any place selected by Lessor, including but not limited to a public warehouse, at the expense and risk of Lessee. If Lessee shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, 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 other sums of money which may be due from Lessee to Lessor under the terms of this lease, and the balance, if any, to Lessee. Lessee hereby waives all claims for damages that may be caused by Lessor's lawfully re-entering and taking possession of Premises or lawfully removing and storing the property of Lessee as herein 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. In If any rents above or any part thereof shall be and remain unpaid when the event of any breach of the terms and provisions of this Lease by Tenantsame shall become due for a period often (10) days, or if Tenant's interest hereinLessee shall violate or default in any of the covenants and agreements herein contained, or any part thereof, be assigned or transferred without then the written consent of Landlord, either voluntarily or Lessor may cancel this Lease upon giving the notice required 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 twenty (20) 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 providedsaid Premises, 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 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 make alterations and repairs to the premises. Rents received by such Landlord from such re-letting shall be applied: first, to the payment of any costs and expenses of such 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 rent, due hereunder from Tenant to Landlord; third, to the payment of rent 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 may become due and payable hereunder. If rentals received from such re-letting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord, and such deficiency shall be calculated and paid monthly. No but not withstanding 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 terminationLessor, 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 the liability of the California Civil Code, interest shall be allowed upon unpaid rent, Lessee 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 rent provided for herein shall not be reasonably avoided, shall be made in the following manner: Landlord and Tenant shall each select a licensed real estate broker in the business of renting property of the same type and use as the leased premises and in the same geographic vicinity and such 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 the rental loss that could be reasonably avoided extinguished for the balance of the term of this Lease after Lease, and Lessee covenants and agrees to make good to the time Lessor any deficiency arising from re-entry and re-letting of awardthe Premises at a lesser rental then herein agreed to. The decision 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 purpose of re-letting said Premises or any part thereof, Lessee shall also be responsible for such costs in reletting the Premises, including but not limited to, clean up costs and remodeling to return the space to its original state and condition. Lessee shall also be responsible for commissions and advertising in re-letting the premises. In the event of any entry in, or taking possession of, the Premises, Lessor shall have the right, but not the obligation, to remove from the Premises all personal property located therein, and may store the same in any place selected by Lessor, including but not limited to a public warehouse, at the expense and risk of the majority owners thereof, with the right to sell such stored property, without notice to Lessee after it has been stored for a period of said licensed real estate brokers shall thirty (30) days or more, with the proceeds of such sale to be final applied to the costs of such sale and binding upon to the parties heretopayment of charges for storage and to the payment of any other sums of money which may then be due from Lessee to Lessor under any of the terms thereof.