Common use of Default; Breach Clause in Contracts

Default; Breach. Lessor and Lessee agree that if an attorney Is consulted by Lessor in connection with a Lessee Default or Breach (as hereinafter defined), $350.00 is a reasonable minimum sum per such occurrence for legal services and costs In the preparation and service of a notice of Default, and that Lessor may include the cost of such services and costs In said notice as rent due and payable to cure said default. A "Default" by Lessee Is defined as a failure by Lessee to observe, comply with or perform any of the terms, covenants, conditions or rules applicable to Lessee under this Lease. A "Breach" by Lessee Is defined as the occurrence of any one or more of the following Defaults, and, where a grace period for cure after notice Is specified herein, the failure by Lessee to cure such Default prior to the expiration of the applicable grace period, and shall entitle Lessor to pursue the remedies set forth In Paragraphs 13.2 and/or 13.3: (a) The vacating of the Premises without the Intention to reoccupy same, or the abandonment of the Premises. (b) Except as expressly otherwise provided In this Lease, the failure by Lessee to make any payment of Base Rent, Lessee's Share of Common Area Operating Expenses, or any other monetary payment required to be made by Lessee hereunder as and when due, the (allure by Lessee to provide Lessor with reasonable evidence of insurance or surety bond required under this Lease, or the failure of Lessee to fulfill any obligation under this Lease which endangers or threatens life or property, where such failure continues for a period of three (3) days following written notice thereof by or on behalf of Lessor to Lessee. (c) Except as expressly otherwise provided In this Lease, the failure by Lessee to provide Lessor with reasonable written evidence (in duly executed original form, if applicable) of (i) compliance with Applicable Requirements per Paragraph 6.3, (ii) the inspection, maintenance and service contracts required under Paragraph 7.1(b), (iii) the rescission of an unauthorized assignment or subletting per Paragraph 12.1, (iv) a Tenancy Statement per Paragraphs 16 or 37, (v) the subordination or non-subordination of this Lease per Paragraph 30, (vi) the guaranty of the performance of Lessee's obligations under this Lease it required under Paragraphs 1.11 and 37, (vii) the execution of any document requested under Paragraph 42 (easements), or (All) any other documentation or information which Lessor may reasonably require of Lessee under the terms of this lease, where any such failure continues fore period of ten (10) days following written notice by or on behalf of Lessor to Lessee. (d) A Default by Lessee as to the terms, covenants, conditions or provisions of this Lease, or of the rules adopted under Paragraph 40 hereof that are to be observed, complied with or performed by Lessee, other than those described In Subparagraphs 13.1(a), (b) or (c), above, where such Default continues for a period of thirty (30) days after written notice thereof by or on behalf of Lessor to Lessee; provided, however, that If the nature of Lessee's Default is such that more than thirty (30) days are reasonably required (or its cure, then it shall not be deemed to be a Breach of this Lease by Lessee If Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. (e) The occurrence of any of the following events: (i) the making by Lessee of any general arrangement or assignment for the benefit of creditors;

Default; Breach. Lessor and Lessee agree that if an attorney Is is consulted by Lessor or Lessee in connection with a Lessee Default or Breach (as hereinafter defined), $350.00 is a reasonable minimum sum per such occurrence for legal services and costs In in the preparation and service of a notice of Default, and that Lessor or Lessee may include the cost of such services and costs In in said notice as rent due and payable to cure said default. A "Default" by Lessee Is or Lessor is defined as a failure by Lessee or Lessee to observe, comply with or perform any of the terms, covenants, conditions or rules applicable to Lessee under this Lease. A "Breach" by Lessee Is is defined as the occurrence of any one or more of the following Defaults, and, where a grace period for cure after notice Is is specified herein, the failure by Lessee to cure such Default prior to the expiration of the applicable grace period, and shall entitle Lessor to pursue the remedies set forth In in Paragraphs 13.2 and/or 13.3: (a) The vacating of the Premises without the Intention intention to reoccupy same, or the abandonment of the PremisesPremises without the payment of rent. (b) Except as expressly otherwise provided In in this Lease, the failure by Lessee to make any payment of Base Rent, Lessee's Share of Common Area Operating Expenses, or any other monetary payment required to be made by Lessee hereunder as and when due, the (allure failure by Lessee to provide Lessor with reasonable evidence of insurance or surety bond required under this Lease, or the failure of Lessee to fulfill any obligation under this Lease which endangers or threatens life or property, where such failure continues for a period of three (3) days following written notice thereof by or on behalf of Lessor to Lessee. (c) Except as expressly otherwise provided In in this Lease, the failure by Lessee to provide Lessor with reasonable written evidence (in duly executed original form, if applicable) of (i) compliance with Applicable Requirements per Paragraph 6.3, (ii) the inspection, maintenance and service contracts required under Paragraph 7.1(b), (iii) the rescission of an unauthorized assignment or subletting per Paragraph 12.1, (iv) a Tenancy Statement per Paragraphs 16 or 37, (v) the subordination or non-subordination of this Lease per Paragraph 30, (vi) the guaranty of the performance of Lessee's obligations under this Lease it if required under Paragraphs 1.11 and 37, (vii) the execution of any document requested under Paragraph 42 (easements), or (Allviii) any other documentation or information which Lessor may reasonably require of Lessee under the terms of this lease, where any such failure continues fore for a period of ten (10) days following written notice by or on behalf of Lessor to Lessee. (d) A Default by Lessee as to the terms, covenants, conditions or provisions of this Lease, or of the rules adopted under Paragraph 40 hereof that are to be observed, complied with or performed by Lessee, other than those described In in Subparagraphs 13.1(a), (b) or (c), above, where such Default continues for a period of thirty (30) days after written notice thereof by or on behalf of Lessor to Lessee; provided, however, that If if the nature of Lessee's Default is such that more than thirty (30) days are reasonably required (or for its cure, then it shall not be deemed to be a Breach of this Lease by Lessee If if Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. (e) The occurrence of any of the following events: (i) the making by Lessee of any general arrangement or assignment for the benefit of creditors; (ii) Lessee's becoming a "debtor" as defined in 11 U.S. Code Section 101 or any successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days);

Default; Breach. Lessor and Lessee agree that if an attorney Is is consulted by Lessor in connection with a Lessee Default or Breach (as hereinafter defined), $350.00 is a reasonable minimum maximum sum per such occurrence for legal services and costs In in the preparation and service of a notice of Default, and that Lessor may include the cost of such services and costs In in said notice as rent due and payable to cure said default. A "Default" by Lessee Is is defined as a failure by Lessee to observe, comply with or perform any of the terms, covenants, conditions or rules applicable to Lessee under this Lease. A "Breach" by Lessee Is is defined as the occurrence of any one or more of the following Defaults, and, where a grace period for cure after notice Is is specified herein, the failure by Lessee to cure such Default prior to the expiration of the applicable grace period, and shall entitle Lessor to pursue the remedies set forth In in Paragraphs 13.2 and/or 13.3: (a) The vacating of the Premises without the Intention intention to reoccupy same, or the abandonment of the Premises. (b) Except as expressly otherwise provided In in this Lease, the failure by Lessee to make any payment of Base Rent, Lessee's Share of Increases in Common Area Operating Expenses, or any other monetary payment required to be made by Lessee hereunder as and when due, the (allure failure by Lessee to provide Lessor with reasonable evidence of insurance or surety bond required under this Lease, or the failure of Lessee to fulfill any obligation under this Lease which endangers or threatens life or property, where such failure continues for a period of three five (35) business days following written notice thereof by or on behalf of Lessor to Lessee. (c) Except as expressly otherwise provided In in this Lease, the failure by Lessee to provide Lessor with reasonable written evidence (in duly duty executed original form, if applicable) of (i) compliance with Applicable Requirements per Paragraph 6.3, (ii) the inspection, maintenance and service contracts required under Paragraph 7.1(b), (iii) the rescission of an unauthorized assignment or subletting per Paragraph 12.1, (iv) a Tenancy Statement per Paragraphs 16 or 37, (v) the subordination or non-subordination of this Lease per Paragraph 30, (vi) the guaranty of the performance of Lessee's obligations under this Lease it if required under Paragraphs 1.11 and 37, (vii) the execution of any document requested under Paragraph 42 (easements), or (Allviii) any other documentation or information which Lessor may reasonably require of Lessee under the terms of at this lease, where any such failure continues fore for a period of ten (10) days following written notice by or on behalf of Lessor to Lessee. (d) A Default by Lessee as to the terms, covenants, conditions or provisions of this Lease, or of the rules adopted under Paragraph 40 hereof that are to be observed, complied compiled with or performed by Lessee, other than those described In in Subparagraphs 13.1(a), (b) or (c), above, where such Default continues for a period of thirty (30) days after written notice thereof by or on behalf of Lessor to Lessee; provided, however, that If if the nature of Lessee's Default is such that more than thirty (30) days are reasonably required (or for its cure, then it shall not be deemed to be a Breach of this Lease by Lessee If if Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. (e) The occurrence of any of the following events: (i) the making by Lessee of any general arrangement or assignment for the benefit of creditors;; (ii) Lessee's becoming a "debtor" as defined in 11 U.S. Code Section 101 or any successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where possession is not restored to Lessee within thirty (30) days; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where such seizure is not discharged within thirty (30) days; provided, however, in the event that any provision of this Subparagraph 13.1(e) is contrary to any applicable law, such provision shall be of no force or effect, and shall not affect the validity of the remaining provisions. (f) The discovery by Lessor that any financial statement of Lessee or of any Guarantor, given to Lessor by Lessee or any Guarantor, was materially false. (g) If the performance of Lessee's obligations under this Lease is guaranteed: (i) the death of a Guarantor, (ii) the termination of a Guarantor's liability with respect to this Lease other then in accordance with the terms of such guaranty, (iii) a Guarantor's becoming insolvent or the subject of a bankruptcy filing, (iv) a Guarantor's refusal to honor the guaranty, or (v) a Guarantor's breach of its guaranty obligation on an anticipatory breach basis, and Lessee's failure, within sixty (60) days following written notice by or on behalf of Lessor to Lessee of any such event, to provide Lessor with written alternative assurances of security, which, when coupled with the then existing resources of Lessee, equals or exceeds the combined financial resources of Lessee and the Guarantors that existed at the time of execution of this Lease.

Default; Breach. Lessor and Lessee agree that if an attorney Is consulted by Lessor in connection with a Lessee Default or Breach (as hereinafter defined), $350.00 is a reasonable minimum sum per such occurrence for legal services and costs In the preparation and service of a notice of Default, and that Lessor may include the cost of such services and costs In said notice as rent due and payable to cure said default. A "Default" by Lessee Is Default is defined as a failure by the Lessee to observe, comply with or perform any of the terms, covenants, conditions or rules applicable to Lessee under this Lease. A "`Breach" by Lessee Is ' is defined as the occurrence of any one or more of the following Defaults, and, where a grace period for cure after notice Is specified herein, and the failure by of Lessee to cure such Default prior to the expiration of the within any applicable grace period, and shall entitle Lessor to pursue the remedies set forth In Paragraphs 13.2 and/or 13.3: (a) The abandonment of the Premises: or the vacating of the Premises without the Intention to reoccupy sameproviding a commercially reasonable level of security, or where the abandonment coverage of the Premisesproperty insurance described in Paragraph 8.3 is jeopardized as a result thereof, or without providing reasonable assurances to minimize potential vandalism. (b) Except as expressly otherwise provided In this Lease, the The failure by of Lessee to make any payment of Base Rent, Lessee's Share of Common Area Operating Expenses, Rent or any other monetary payment Security Deposit required to be made by Lessee hereunder as and hereunder, whether to Lessor or to a third party, when due, the (allure by Lessee to provide Lessor with reasonable evidence of insurance or surety bond required under this Leasebond, or the failure of Lessee to fulfill any obligation under this Lease which endangers or threatens life or property, where such failure continues for a period of three (3) business days following written notice thereof by or on behalf of Lessor to Lessee. (c) Except as expressly otherwise provided In this Lease, the The failure by Lessee to provide Lessor with (i) reasonable written evidence (in duly executed original form, if applicable) of (i) compliance with Applicable Requirements per Paragraph 6.3Requirements, (ii) the inspection, maintenance and service contracts required under Paragraph 7.1(b)contracts, (iii) the rescission of an unauthorized assignment or subletting per Paragraph 12.1subletting, (iv) a Tenancy Statement per Paragraphs 16 or 37Estoppel Certificate, (v) the subordination or non-subordination of this Lease per Paragraph 30a requested subordination, (vi) the evidence concerning any guaranty of the performance of Lessee's obligations under this Lease it required under Paragraphs 1.11 and 37and/or Guarantor, (vii) the execution of any document requested under Paragraph 42 (easements), or (Allviii) any other documentation or information which Lessor may reasonably require of Lessee under the terms of this leaseLease, where any such failure continues fore for a period of ten (10) days following written notice by or on behalf of Lessor to Lessee. (d) A Default by Lessee as to the terms, covenants, conditions or provisions of this Lease, or of the rules adopted under Paragraph 40 hereof that are to be observed, complied with or performed by Lesseehereof, other than those described In Subparagraphs in subparagraphs 13.1(a), (b) or (c), above, where such Default continues for a period of thirty (30) days after written notice thereof by or on behalf of Lessor to Lesseenotice; provided, however, that If if the nature of Lessee's Default is such that more than thirty (30) days are reasonably required (or for its cure, then it shall not be deemed to be a Breach of this Lease by Lessee If if Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. (. e) The occurrence of any of the following events: (i) the making by Lessee of any general arrangement or assignment for the benefit of creditors;; (ii becoming a "debtor" as defined in 11 U.S.C. ss. 101 or any successor statute thereto (unless, in the case of a petition filed against Lessee, e same is dismissed within sixty (60) days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where possession is not restored to Lessee within thirty (30) days; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where such seizure is not discharged within thirty (30) days; provided, however, in the event that any provision of this subparagraph (e) is contrary to any applicable law, such provision shall be of no force or effect, and not affect the validity of the remaining provisions.

Default; Breach. Lessor and Lessee agree that if an attorney Is consulted by Lessor in connection with a Lessee Default or Breach (as hereinafter defined), $350.00 is a reasonable minimum sum per such occurrence for legal services and costs In the preparation and service of a notice of Default, and that Lessor may include the cost of such services and costs In said notice as rent due and payable to cure said default. A "Default" by Lessee Is defined as a failure by Lessee to observe, comply with or perform any of the terms, covenants, conditions or rules applicable to Lessee under this Lease. A "Breach" by Lessee Is defined as the occurrence of any one or more of the following Defaults, and, where a grace period for cure after notice Is specified herein, the failure by Lessee to cure such Default prior to the expiration of the applicable grace period, and shall entitle Lessor to pursue the remedies set forth In Paragraphs 13.2 and/or 13.3: (a) The vacating of the Premises without the Intention intention to reoccupy same, or the abandonment of the Premises. (b) Except as expressly otherwise provided In in this Lease, the failure by Lessee to make any payment of Base Rent, Lessee's Share of Common Area Are Operating Expenses, or any other monetary payment required to be made by Lessee hereunder as and when due, the (allure failure by Lessee to provide Lessor with reasonable evidence of insurance or surety bond required under this Lease, or the failure of Lessee to fulfill any obligation under this Lease which endangers or threatens life or property, where such failure continues for a period of three (3) days following written notice thereof by or on behalf of Lessor to Lessee. (c) Except as expressly otherwise provided In in this Lease, the failure by Lessee to provide Lessor with reasonable written evidence (in duly executed original form, if applicable) of (i) compliance with Applicable Requirements per Paragraph 6.3, (iii) the inspection, maintenance and service contracts required under Paragraph 7.1(b), (iii) the rescission of an unauthorized assignment or subletting per Paragraph 12.1, (iv) a Tenancy Statement per Paragraphs 16 or 37, (v) the subordination or non-subordination non0subordination of this Lease per Paragraph 30, (vi) the guaranty of the performance of Lessee's obligations under this Lease it if required under Paragraphs 1.11 and 37, (vii) the execution of any document requested under Paragraph 42 (easements), or (Allviii) any other documentation or information which Lessor may reasonably require of Lessee under the terms of this lease, where any such failure continues fore for a period of ten (10) days following written notice by or on behalf of Lessor to Lessee. (d) A Default by Lessee as to the terms, covenants, conditions or provisions of this Lease, or of the rules adopted under Paragraph 40 hereof that are to be observed, complied with or performed by Lessee, other than those described In in Subparagraphs 13.1(a), (b) or (c), above, where such Default continues for a period of thirty (30) days after written notice thereof by or on behalf of Lessor to Lessee; provided, however, that If if the nature of Lessee's Default is such that more than thirty (30) days are reasonably required (or for its cure, then it shall not be deemed to be a Breach of this Lease by Lessee If if Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. (e) The occurrence of any of the following events: (i) the making by Lessee of any general arrangement or assignment for the benefit of creditors;; (ii) Lessee's becoming a "debtor" as defined in 11 U.S. Code Section 101 or any successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where possession is not restored to Lessee within thirty (30) days; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where such seizure is not discharged within thirty (30) days; provided, however, in the event that any provision of this Subparagraph 13.1(a) is contrary to any applicable law, such provision shall be of no force or effect, and shall not affect the validity of the remaining provisions. (f) The discovery by Lessor that any financial statement of Lessee or of any Guarantor, given to Lessor by Lessee or any Guarantor, was materially false. (g) If the performance of Lessee's obligations under this Lease is guaranteed: (i) the death of a Guarantor, (ii) the termination of a Guarantor's liability with respect to this Lease other than in accordance with the terms of such guaranty, (iii) a Guarantor's becoming insolvent or the subject of a bankruptcy filing, (iv) a Guarantor's refusal to honor the guaranty, or (v) a Guarantor's breach of its guaranty obligation on an anticipatory breach basis, and Lessee's failure within sixty (60) days following written notice by or on behalf of Lessor to Lessee of any such event, to provide Lessor with written alternative assurances of security, which, when coupled with the then existing resources of Lessee, equals or exceeds the continued financial resources of Lessee and the Guarantors that existed at the time of execution of this Lease.

Default; Breach. Lessee’s obligations to Lessor hereunder shall include any and Lessee agree that if an attorney Is consulted all costs or expenses incurred by Lessor in connection conjunction with a Lessee Default enforcing Lessor’s rights and remedies hereunder, which shall include, but shall not be limited to, reasonable attorneys’ fees or Breach (as hereinafter defined), $350.00 is a reasonable minimum sum per such occurrence for other legal services and expenses or costs In the preparation and service of a notice of Defaultassociated therewith, and that Lessor may include the cost of such services and costs In said in any notice of Default as rent due and payable to cure said default. default A "“Default" ” by Lessee Is is defined as a failure by Lessee to observe, comply with or perform any of the terms, covenants, conditions or rules applicable to Lessee under this Lease. , A "“Breach" ” by Lessee Is is defined as the occurrence of any one or more of the following DefaultsDefault, including but not limited those listed below, and, where a grace period for cure after notice Is is specified herein, the failure by Lessee to cure such Default prior to the expiration of the applicable grace period, and shall entitle Lessor to pursue the remedies set forth In in Paragraphs 13.2 and/or 13.3: (a) The vacating of the Premises without the Intention intention to reoccupy same, or the abandonment of the Premises; provided, however, that Lessee shall not be deemed to have vacated or abandoned the Premises if it continues to timely pay all amounts due under this Lease, keeps the Premises secure, and otherwise maintains the Premises in accordance with this Lease. (b) Except as expressly otherwise provided In this Lease, the The failure by Lessee to make any payment of Base Rent, Lessee's Share maintain the insurance required under Paragraph 8 of Common Area Operating Expensesthis Lease, pay Real Property Taxes as required under Paragraph 10 of this Lease, or any other monetary payment required to be made by Lessee hereunder as and when due, or the (allure failure by Lessee to provide Lessor with reasonable evidence of insurance or surety bond required under this Lease, or the failure of Lessee to fulfill any obligation under this Lease which endangers or threatens life or property, where such failure continues for a period of three five (35) days following Lessee’s receipt of written notice thereof by from or on behalf of Lessor to LesseeLessor. (c) Except as expressly otherwise provided In in this Lease, the failure by Lessee to provide Lessor with reasonable written evidence (in duly executed original form, if applicable) of (i) compliance with Applicable Requirements per Paragraph 6.3, (ii) the inspection, maintenance and service contracts required under Paragraph 7.1(bSubparagraph 7.1 (b), (iii) the rescission of an unauthorized assignment or subletting per Paragraph 12.1, (iv) a Tenancy Statement per Paragraphs 16 or 37Paragraph 16, (v) the subordination or non-subordination of this Lease per Paragraph 30, (vi) the guaranty of the performance of Lessee's obligations under this Lease it required under Paragraphs 1.11 and 37, (vii) the execution of any document requested under Paragraph 42 41 (easementsReservations), or (Allvii) any other documentation or information which Lessor may reasonably require of Lessee under the terms of this leaseLease, where any such failure continues fore for a period of ten fifteen (1015) days following Lessee’s receipt of written notice by from or on behalf of Lessor to LesseeLessor. (d) A Default by Lessee as to the termsterm, covenants, conditions or provisions of this Lease, or of the rules adopted under Paragraph 40 hereof that are to be observed, complied with or performed by Lessee, other than those described In in Subparagraphs 13.1(a13.1 (a), (b) or (c), above, where such Default continues for a period of thirty (30) days after Lessee’s receipt of written notice thereof by from or on behalf of Lessor to LesseeLessor; provided, however, that If if the nature of Lessee's ’s Default is such that more than thirty (30) days are reasonably required (or for its cure, then it shall not be deemed to be a Breach of this Lease by Lessee If if Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. (e) The occurrence of any of the following events: (i) the making by Lessee of any general arrangement or assignment for the benefit of creditors;; (ii) Lessee’s becoming a “debtor” as defined in 11 U.S. Code Section 101 or any successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee’s assets located at the Premises or of Lessee’s interest in this Lease, where possession is not restored to Lessee within thirty (30) days; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee’s assets located at the Premises or of Lessee’s interest in this Lease, where such seizure is not discharged within thirty (30) days; provided, however, in the event that any provision of this Subparagraph 13.1 (e) is contrary to any applicable law, such provision shall be of no force or effect, and shall not affect the validity of the remaining provisions.

Default; Breach. Lessor and Lessee agree that if an attorney Is is consulted by Lessor in connection with a Lessee Default or Breach (as hereinafter defined), $350.00 is a reasonable minimum sum per such occurrence for legal services and costs In in the preparation and service of a notice of Default, and that Lessor may include the cost of such services and costs In in said notice as rent due and payable to cure said defaultDefault. A "DefaultDEFAULT" by Lessee Is is defined as a failure by the Lessee to observe, comply with or perform any of the terms, covenants, conditions or rules applicable to Lessee under this Lease. A "BreachBREACH" by * The foregoing notwithstanding, in the event the Lessee Is sublets the premises and Lessee receives base rent which is greater than the base rent the Lessee is paying the Lessor at the time of the subletting, the Lessee shall pay to Lessor all and any sublet rents which are in excess of the base rent at the time of the sublet; however, Lessee shall have the right to offset any leasing commissions or tenant improvement costs against this excess rent payment to Lessor. is defined as the occurrence of any one or more of the following Defaults, and, where a grace period for cure after notice Is is specified herein, the failure by Lessee to cure such Default prior to the expiration of the applicable grace period, and shall entitle Lessor to pursue the remedies set forth In in Paragraphs 13.2 and/or 13.3: (a) The vacating of the Premises without the Intention to reoccupy same, or the abandonment of the Premises. (b) Except as expressly otherwise provided In this Lease, the failure by Lessee to make any payment of Base Rent, Lessee's Share of Common Area Operating Expenses, or any other monetary payment required to be made by Lessee hereunder as and when due, the (allure by Lessee to provide Lessor with reasonable evidence of insurance or surety bond required under this Lease, or the failure of Lessee to fulfill any obligation under this Lease which endangers or threatens life or property, where such failure continues for a period of three (3) days following written notice thereof by or on behalf of Lessor to Lessee. (c) Except as expressly otherwise provided In this Lease, the failure by Lessee to provide Lessor with reasonable written evidence (in duly executed original form, if applicable) of (i) compliance with Applicable Requirements per Paragraph 6.3, (ii) the inspection, maintenance and service contracts required under Paragraph 7.1(b), (iii) the rescission of an unauthorized assignment or subletting per Paragraph 12.1, (iv) a Tenancy Statement per Paragraphs 16 or 37, (v) the subordination or non-subordination of this Lease per Paragraph 30, (vi) the guaranty of the performance of Lessee's obligations under this Lease it required under Paragraphs 1.11 and 37, (vii) the execution of any document requested under Paragraph 42 (easements), or (All) any other documentation or information which Lessor may reasonably require of Lessee under the terms of this lease, where any such failure continues fore period of ten (10) days following written notice by or on behalf of Lessor to Lessee. (d) A Default by Lessee as to the terms, covenants, conditions or provisions of this Lease, or of the rules adopted under Paragraph 40 hereof that are to be observed, complied with or performed by Lessee, other than those described In Subparagraphs 13.1(a), (b) or (c), above, where such Default continues for a period of thirty (30) days after written notice thereof by or on behalf of Lessor to Lessee; provided, however, that If the nature of Lessee's Default is such that more than thirty (30) days are reasonably required (or its cure, then it shall not be deemed to be a Breach of this Lease by Lessee If Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. (e) The occurrence of any of the following events: (i) the making by Lessee of any general arrangement or assignment for the benefit of creditors;

Default; Breach. Lessor and Lessee agree that if an attorney Is is consulted by Lessor in connection with a Lessee Default or Breach (as hereinafter defined), . $350.00 is a reasonable minimum sum per such occurrence for legal services and costs In in the preparation and service of a notice of Default, and that Lessor may include the cost of such services and costs In in said notice as rent due and payable to cure said default. A "“Default" ” by Lessee Is is defined as a failure by Lessee to observe, comply with or perform any of the terms, covenants, conditions or rules applicable to Lessee under this Lease. A "“Breach" ” by Lessee Is is defined as the occurrence of any one or more of the following Defaults, and, where a grace period for cure after notice Is is specified herein, the failure by Lessee to cure such Default prior to the expiration of the applicable grace period, and shall entitle Lessor to pursue the remedies set forth In in Paragraphs 13.2 and/or 13.3: (a) The vacating of the Premises without the Intention intention to reoccupy same, or the abandonment of the Premises. (b) Except as expressly otherwise provided In in this Lease, the failure by Lessee to make any payment of Base Rent, Lessee's ’s Share of Common Area Operating Expenses, or any other monetary payment required to be made by Lessee hereunder as and when due, the (allure failure by Lessee to provide Lessor with reasonable evidence of insurance or surety bond required under this Lease, or the failure of Lessee to fulfill any obligation under this Lease which endangers or threatens life or property, where such failure continues for a period of three (3) days following written notice thereof by or on behalf of Lessor to Lessee. (c) Except as expressly otherwise provided In in this Lease, the failure by Lessee to provide Lessor with reasonable written evidence (in duly executed original form, if applicable) of (i) compliance with Applicable Requirements per Paragraph 6.3, (ii) the inspection, maintenance and service contracts required under Paragraph 7.1(b), (iii) the rescission of an unauthorized assignment or subletting per Paragraph 12.1, (iv) a Tenancy Statement per Paragraphs 16 or 37, (v) the subordination or non-subordination of this Lease per Paragraph 30, (vi) the guaranty of the performance of Lessee's ’s obligations under this Lease it if required under Paragraphs 1.11 and 373.7, (vii) the execution of any document requested under Paragraph 42 (easements), or (Allviii) any other documentation or information which Lessor may reasonably require of Lessee under the terms of this lease, where any such failure continues fore for a period of ten (10) days following written notice by or on behalf of Lessor to Lessee. (d) A Default by Lessee as to the terms, covenants, conditions or provisions of this Lease, or of the rules adopted under Paragraph 40 hereof that are to be observed, complied with or performed by Lessee, other than those described In Subparagraphs in SubParagraphs 13.1(a), (b) or (c), above, where such Default continues for a period of thirty (30) days after written notice thereof by or on behalf of Lessor to Lessee; provided, however, that If if the nature of Lessee's ’s Default is such that more than thirty (30) days are reasonably required (or for its cure, then than it shall not be deemed to be a Breach of this Lease by Lessee If if Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. (e) The occurrence of any of the following events: (i) the making by Lessee of any general arrangement or assignment for the benefit of the creditors;; (ii) Lessee’s becoming a “debtor” as defined in 11 U.S. Code Section 101 or any successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days; (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee’s assets located at the Premises or of Lessee’s interest in this Lease, where possession is not restored to Lessee within thirty (30) days; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee’s assets located at the Premises or of Lessee’s interest in this Lease, where such seizure is not discharged within thirty (30) days; provided, however, in the event that any provision of this SubParagraph 13.1(a) is contrary to any applicable law, such provision shall be of no force or effect, and shall affect the validity of the remaining provisions. (f) The discovery by Lessor that any financial statement of Lessee or of any Guarantor, given to Lessor by Lessee or any Guarantor, was materially false. (g) If the performance of Lessee’s obligations under this Lease is guaranteed: (i) the death of a Guarantor, (ii) the termination of a Guarantor’s liability with respect to this Lease other than in accordance with the terms of such guaranty, (iii) a Guarantor’s becoming insolvent or the subject of a bankruptcy filing, (iv) a Guarantor’s refusal to honor the guaranty, or (v) a Guarantor’s breach of its guaranty obligation on an anticipatory breach basis, and Lessee’s failure, within sixty (60) days following written notice by or on behalf of Lessor to Lessee of any such event, to provide Lessor with written alternative assurances of security, which, when coupled with the then existing resources of Lessee, equals or exceeds the combined financial resources of Lessee and the Guarantors that existed at the time of execution of this Lease.

Default; Breach. Lessor and Lessee agree that if an attorney Is is consulted by Lessor in connection with a Lessee Default or Breach (as hereinafter defined), $350.00 is a reasonable minimum sum per such occurrence for legal services and costs In in the preparation and service of a notice of Default, and that Lessor may include the cost of such services and costs In in said notice as rent due and payable to cure said default. A "Default" by Lessee Is is defined as a failure by Lessee to observe, comply with or perform any of the terms, covenants, conditions or rules applicable to Lessee under this Lease. A "Breach" by Lessee Is is defined as the occurrence of any one or more of the following Defaults, and, where a grace period for cure after notice Is is specified herein, the failure by Lessee to cure such Default prior to the expiration of the applicable grace period, and shall entitle Lessor to pursue the remedies set forth In in Paragraphs 13.2 and/or 13.3: (a) The vacating of the Premises without the Intention intention to reoccupy same, or the abandonment of the Premises. (b) Except as expressly otherwise provided In in this Lease, the failure by Lessee to make any payment of Base Rent, Lessee's Share of Common Area Operating Expenses, or any other monetary payment required to be made by Lessee hereunder as and when due, the (allure failure by Lessee to provide Lessor with reasonable evidence of insurance or surety bond required under this Lease, or the failure of Lessee to fulfill any obligation under this Lease which endangers or threatens life or property, where such failure continues for a period of three five (35) business days following written notice thereof by or on behalf of Lessor to Lessee. (c) Except as expressly otherwise provided In in this Lease, the failure by Lessee to provide Lessor with reasonable written evidence (in duly executed original form, if applicable) of (iI) compliance with Applicable Requirements per Paragraph 6.3, (ii) the inspection, maintenance and service contracts contract required under Paragraph 7.1(b), (iii) the rescission of an unauthorized assignment or subletting per Paragraph 12.1, (iv) a Tenancy Statement per Paragraphs 16 or 37, (v) the subordination or non-subordination of this Lease per Paragraph 30, (vi) the guaranty of the performance of Lessee's obligations under this Lease it if required under Paragraphs 1.11 1, 11 and 37, (vii) the execution of any document requested under Paragraph 42 (easements), or (Allviii) any other documentation or information which Lessor may reasonably require of Lessee under the terms of this leaseLease, where any such failure continues fore for a period of ten (10) business days following written notice by or on behalf of Lessor to Lessee. (d) A Default default by Lessee as to the terms, covenants, conditions or provisions of this Lease, or of the rules adopted under Paragraph 40 hereof that are to be observed, complied with or performed by Lessee, other than those described In in Subparagraphs 13.1(a), (b) or (c), above, where such Default continues for a period of thirty (30) days after written notice thereof by or on behalf of Lessor to Lessee; provided, however, that If if the nature of Lessee's Default is such that more than thirty (30) days after written notice thereof by or on behalf of Lessor to Lessee' provided, however, that if the nature of Lessee Default is such that more than thirty (30) days are reasonably required (or for its cure, then it shall not be deemed to be a Breach of this Lease by Lessee If if Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. (e) The occurrence of any of the following events: (i) the making by Lessee of any general arrangement or assignment for the benefit of creditors;; (ii) Lessee's becoming a "debtor" as defined in 11 U.S. Code Section 101 or any successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days; (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where possession is not restored to Lessee within thirty (30) days' or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where such seizure is not discharged within thirty (30) days' provided, however, in the event that any provision of this Subparagraph 13.1(e) is contrary to any applicable law, such provision shall be of no force or effect, and shall not affect the validity of the remaining provisions. (f) The discovery of Lessor that any financial statement of Lessee or of any Guarantor, given to Lessor by Lessee or any Guarantor, was materially false. (g) If the performance of Lessee's obligations under this Lease is guaranteed: (i) the death of a Guarantor, (ii) the termination of a Guarantor's liability with respect to this Lease other than in accordance with the terms of such guaranty, (iii) a Guarantor's becoming insolvent or the subject of a bankruptcy filing, (iv) a Guarantor's refusal to honor the guaranty, or (v) a Guarantor's breach of its guaranty obligation on an anticipatory breach basis, and Lessee's failure within sixty (60) days following written notice by or on behalf of Lessor to Lessee of any such event, to provide Lessor with written alternative assurances of security, which, when coupled with the then existing resources of Lessee, equals or exceeds the combined financial resources of Lessee and the Guarantors that existed at the time of execution of this Lease.

Default; Breach. Lessor Landlord and Lessee Tenant agree that if an any attorney Is is consulted by Lessor Landlord in connection with a Lessee Tenant Default or Breach (as hereinafter defined), $350.00 is a reasonable minimum sum per such occurrence for legal services and costs In in the preparation and service of a notice of Default, and that Lessor Landlord may include the cost of such services and costs In in said notice as rent due and payable to cure said default. A "a “Default" ” by Lessee Is Tenant is defined as a failure by Lessee Tenant to observe, comply with or perform any of the terms, covenants, conditions or rules applicable to Lessee Tenant under this Lease. A "“Breach" ” by Lessee Is Tenant is defined as the occurrence of any one or more of the following Defaults, and, where a grace period for cure after notice Is is specified herein, the failure by Lessee Tenant to cure such Default prior to the expiration of the applicable grace period, and shall entitle Lessor Landlord to pursue the remedies set forth In in Paragraphs 13.2 and/or 13.3:. (a) The vacating abandonment of the Premises without the Intention to reoccupy same, or the abandonment of the Premisesas defined in California Civil Code Section 1951.3. (b) Except as expressly otherwise provided In in this Lease, the failure by Lessee Tenant to make any payment of Base Rent, Lessee's Tenant’s Share of Common Area Operating Expenses, or any other monetary payment required to be made by Lessee Tenant hereunder as and when due, the (allure failure by Lessee Tenant to provide Lessor Landlord with reasonable evidence of insurance or surety bond required under this Lease, or the failure of Lessee Tenant to fulfill any obligation under this Lease which endangers or threatens life or property, where such failure continues for a period of three (3) days following written notice thereof by or on behalf of Lessor Landlord to LesseeTenant. (c) Except as expressly otherwise provided In in this Lease, the failure by Lessee Tenant to provide Lessor Landlord with reasonable written evidence (in duly executed original form, if applicable) of (i) compliance with Applicable Requirements per Paragraph 6.3, (ii) the inspection, maintenance and service contracts required under Paragraph 7.1(b), (iii) the rescission of an unauthorized assignment or subletting per Paragraph 12.1, (iv) a Tenancy Statement per Paragraphs 16 or 37, (v) the subordination or non-subordination of this Lease per Paragraph 30, (vi) the guaranty of the performance of Lessee's Tenant’s obligations under this Lease it if required under Paragraphs 1.11 and 37, (vii) the execution of any document requested under Paragraph 42 (easements), or (Allviii) any other documentation or information which Lessor Landlord may reasonably require of Lessee Tenant under the terms of this lease, where any such failure continues fore for a period of ten five (105) days following written notice by or on behalf of Lessor Landlord to LesseeTenant. (d) A Default by Lessee Tenant as to the terms, terms covenants, conditions or provisions of this Lease, or of the rules adopted under Paragraph 40 hereof that are to be observed, complied with or performed by LesseeTenant, other than those described In in Subparagraphs 13.1(a), (b) ), or (c), above, where such Default continues for a period of thirty (30) days after written notice thereof by or on behalf of Lessor Landlord to LesseeTenant; provided, provided however, that If if the nature of Lessee's Tenant’s Default is such that more than thirty (30) days are reasonably required (or for its cure, then it shall not be deemed to be a Breach of this Lease by Lessee If Lessee Tenant if Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. (e) The occurrence of any of the following events: (i) the making by Lessee Tenant of any general arrangement or assignment for the benefit of creditors;; (ii) Tenant’s becoming a “debtor” as defined in 11 U.S. Code Section 101 or any successor statute thereto (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where possession is not restored to Tenant within thirty (30) days; or (iv) the attachment, execution or other judicial seizure of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where such seizure is not discharged within thirty (30) days; provided, however, in the event that any provision of this Subparagraph 13.1(e) is contrary to any applicable law, such provision shall be of no force or effect, and shall not affect the validity of the remaining provisions. (f) The discovery by Landlord that any financial statement of Tenant or of any Guarantor, given to Landlord by Tenant or any Guarantor, was materially false. (g) If the performance of Tenant’s obligations under this Lease is guaranteed: (i) the death of a Guarantor, (ii) the termination of a Guarantor’s liability with respect to this Lease other than in accordance with the terms of such guaranty, (iii) a Guarantor’s becoming insolvent or the subject of a bankruptcy filing, (iv) a Guarantor’s refusal to honor the guaranty, or (v) a Guarantor’s breach of its guaranty obligation on an anticipatory breach basis, and Tenant’s failure, within sixty (60) days following written notice by or on behalf of Landlord to Tenant of any such event, to provide Landlord with written alternative assurances of security, which, when coupled with the then existing resources of Tenant, equals or exceeds the combined financial resources of Tenant and the Guarantors that existed at the time of the execution of this Lease.

Default; Breach. Lessor and Lessee agree that if an attorney Is is consulted by Lessor in connection with a Lessee Default or Breach (as hereinafter defined), $350.00 is a reasonable minimum sum per such occurrence for legal services and costs In in the preparation and service of a notice of Default, and that Lessor may include the cost of such services and costs In in said notice as rent due and payable to cure said default. A "Default" by Lessee Is is defined as a failure by Lessee to observe, comply with or perform any of the terms, . covenants, . conditions or rules applicable to Lessee under this Lease. A "Breach" by Lessee Is is defined as the occurrence of any one or more of the following Defaults, and, where a grace period for cure after notice Is is specified herein, the failure by Lessee to cure such Default prior to the expiration of the applicable grace period, and shall entitle Lessor to pursue the remedies set forth In in Paragraphs 13.2 and/or 13.3: (a) The vacating of the Premises without the Intention to reoccupy same, or the abandonment of the Premises. : (b) Except as expressly otherwise provided In in this Lease, the failure by Lessee to make any payment of Base Rent, Lessee's Lessee s Share of Common Area Operating Expenses, or any other monetary payment required to be made by Lessee hereunder as and when due, here under -- the (allure failure by Lessee to provide Lessor with reasonable evidence of insurance or surety bond required under this Lease, or the failure of Lessee to fulfill any obligation under this Lease which endangers or threatens life or property, where such failure continues for a period of three ninety (390) days following written notice thereof by or on behalf of Lessor to Lessee. (c) Except as expressly otherwise provided In this Lease, the failure by Lessee to provide Lessor with reasonable written evidence (in duly executed original form, if applicable) of (i) compliance with Applicable Requirements per Paragraph 6.3, (ii) the inspection, maintenance and service contracts required under Paragraph 7.1(b), (iii) the rescission of an unauthorized assignment or subletting per Paragraph 12.1, (iv) a Tenancy Statement per Paragraphs 16 or 37, (v) the subordination or non-subordination of this Lease per Paragraph 30, (vi) the guaranty of the performance of Lessee's obligations under this Lease it required under Paragraphs 1.11 and 37, (vii) the execution of any document requested under Paragraph 42 (easements), or (All) any other documentation or information which Lessor may reasonably require of Lessee under the terms of this lease, where any such failure continues fore period of ten (10) days following written notice by or on behalf of Lessor to Lessee. (d) A Default by Lessee as to the terms, covenants, conditions or provisions of this Lease, or of the rules adopted under Paragraph 40 hereof that are to be observed, complied with or performed by Lessee, other than those described In Subparagraphs 13.1(a), (b) or (c), above, where such Default continues for a period of thirty (30) days after written notice thereof by or on behalf of Lessor to Lessee; provided, however, that If the nature of Lessee's Default is such that more than thirty (30) days are reasonably required (or its cure, then it shall not be deemed to be a Breach of this Lease by Lessee If Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. (e) The occurrence of any of the following events: (i) the making by Lessee of any general arrangement or assignment for the benefit of creditors;

Default; Breach. Lessor and Lessee agree that if an attorney Is consulted by Lessor in connection with a Lessee Default or Breach (as hereinafter defined), $350.00 is a reasonable minimum sum per such occurrence for legal services and costs In the preparation and service of a notice of A “Default, and that Lessor may include the cost of such services and costs In said notice as rent due and payable to cure said default. A "Default" ” by Lessee Is is defined as a failure by Lessee to observe, comply with or perform any of the terms, covenants, conditions or rules applicable to Lessee under this Lease. A "“Breach" ” by Lessee Is is defined as the occurrence of any one or more of the following Defaults, and, and where a grace period for cure after notice Is is specified herein, the failure by Lessee to cure such Default prior to the expiration of the applicable grace period, period and shall entitle Lessor Authority to pursue the remedies set forth In Paragraphs 13.2 and/or 13.3in Paragraph 19.2 below: (a) The vacating of the Premises or Hangar with or without the Intention intention to reoccupy the same, or the abandonment of the PremisesPremises or Hangar. (b) Except as expressly otherwise provided In this Lease, the failure Failure by Lessee to make any payment of Base Rent, Lessee's Share of Common Area Operating Expenses, Rent or any other monetary payment required to be made by Lessee hereunder as and when due, the (allure failure by Lessee to provide Lessor Authority with reasonable evidence of insurance or surety bond required under this Lease, or the failure of Lessee to fulfill any obligation under this Lease which endangers or threatens life or property, where such failure continues for a period of three (3) days following written notice thereof by or on behalf of Lessor to Lessee. (c) Except as expressly otherwise provided In this Lease, the failure by Lessee to provide Lessor with reasonable written evidence (in duly executed original form, if applicable) of (i) compliance with Applicable Requirements per Paragraph 6.3, (ii) the inspection, maintenance and service contracts required under Paragraph 7.1(b), (iii) the rescission of an unauthorized assignment or subletting per Paragraph 12.1, (iv) a Tenancy Statement per Paragraphs 16 or 37, (v) the subordination or non-subordination of this Lease per Paragraph 30, (vi) the guaranty of the performance of Lessee's obligations under this Lease it required under Paragraphs 1.11 and 37, (vii) the execution of any document requested under Paragraph 42 (easements), or (All) any other documentation or information which Lessor may reasonably require of Lessee under the terms of this lease, where any such failure continues fore period of ten (10) days following written notice thereof by or on behalf of Lessor Authority to Lessee. (dc) A Default default by Lessee as to the terms, covenants, conditions or provisions of this Lease, or of the rules adopted under Paragraph 40 hereof that are to be observed, complied with or performed by Lessee, Lease other than those described In in Subparagraphs 13.1(a), (a) and (b) or (c), above, where such Default continues for a period of thirty (30) days after written notice thereof by or on behalf of Lessor Authority to Lessee; provided, however, that If if the nature of Lessee's ’s Default is such that more than thirty (30) 15 days are reasonably required (or for its cure, then it shall not be deemed to be a Breach of this Lease by Lessee If if Lessee commences such cure within said thirty (30) 15 day period and thereafter diligently prosecutes such cure to completion. (ed) The occurrence of any of the following events: (i) the making by Lessee of any general arrangement or assignment for the benefit of creditors;; (ii) Lessee’s becoming a “debtor”, as defined in 11 U.S. Code Section 101, or any successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within 60 days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee’s assets located at the Premises or Hangar or Lessee’s interest in this Lease, where possession is not restored to the Lessee within 30 days; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee’s assets located at the Premises or Hangar or of Lessee’s interest in this Lease, where such seizure is not discharged within 30 days; provided, however, in the event that any provision of this Subparagraph 19.1(d) is contrary to any applicable law, such provision shall be of no force or effect, and shall not affect the validity of any of the remaining provisions. So long as there is more than one entity or person collectively comprising Lessee, the occurrence of any of the foregoing to any joint Lessee shall constitute a default.