Common use of Default by Landlord Clause in Contracts

Default by Landlord. Upon the breach by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated herein.

Default by Landlord. Upon The occurrence of one or more of the breach following events shall constitute an event of default by Landlord under this Agreement (“Landlord Event of Default”): (a) The failure of Landlord to timely perform and satisfy any of the terms material duties and conditions obligations of Landlord under this Agreement; provided, however, Landlord shall not be deemed to be in default of this Lease, Tenant may terminate this Lease, provided that Agreement if: (i) all Rent in the event the default is a monetary default and other charges due and payable to Landlord have been paid by cures such monetary default within ten (10) business days after receipt of written notice from the Tenant to Landlordof such monetary default; and or (ii) Tenant shall make written request for performance or in the event the default is a non-monetary default and Landlord commences the cure of any such obligation or non-monetary default as soon as reasonably practicable following written notice thereof from the Tenant and allow Landlord a period of fourteen completes such cure within thirty (1430) calendar days after receipt of such notice to commence to cure the breach. If performance or cure of the written notice; provided, however if such non-monetary default has cannot been commenced or completed after reasonably be cured within such reasonable notice thirty (30) calendar day period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for deemed to be in default of this Agreement if Landlord commences to cure such non-monetary default within such thirty (30) calendar day period, and thereafter diligently pursues the same to completion; and (b) The commission of any damage caused therebyact of gross negligence, nor willful misconduct, fraud, or intentional misrepresentation, or any executive-level employee of Landlord, in connection with the performance by Landlord of its duties and obligations under this Agreement. Upon the occurrence of a Landlord Event of Default, Landlord and Tenant acknowledge and agree that such Landlord Event of Default shall this constitute a Default by Landlord under the Lease be void. and Tenant shall not be liable for have all of the rights and remedies afforded to Tenant upon the occurrence of a Default by Landlord under the Lease, as well as any rent until possession is delivered. No failure of Landlord other rights and remedies afforded to enforce any term hereof shall be deemed a waiverTenant at law or in equity, nor shall acceptance of partial payment be deemed a waiver of Landlord’s including, without limitation, the right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinseek specific performance.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of shall not be in default under this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance not be entitled to exercise any right, remedy or cure recourse against Landlord or otherwise as a consequence of any such obligation or alleged default by Landlord under this Lease unless Landlord fails to perform any of its obligations hereunder and allow Landlord said failure continues for a period of fourteen thirty (1430) days after receipt Tenant gives Landlord and (provided that Tenant shall have been given the name and address of such Landlord’s Mortgagee) Landlord’s Mortgagee written notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such thereof specifying, with reasonable notice periodparticularity, providing the nature of Landlord’s failure. If, however, the default and failure cannot reasonably be cured within the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice thirty (30) day period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable in default hereunder if Landlord or Landlord’s Mortgagee commences to cure the failure within the thirty (30) days and thereafter pursues the curing of the same diligently to completion. If Tenant recovers a money judgment against Landlord for any damage caused therebyLandlord’s default of its obligations hereunder or otherwise, nor the judgment shall this Lease be void. Tenant limited to Tenant’s actual, direct, but no consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Premises as the same may then be encumbered, and Landlord shall not otherwise be liable for any rent until possession is delivereddeficiency. No failure of Landlord The foregoing shall not limit any right that Tenant might have to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver obtain specific performance of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinobligations hereunder.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (ia) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to Landlord and to any mortgagee, trustee or ground lessor of the Project (each a “Holder”) provided that the name and address has been furnished to Tenant in accordance with Paragraph 25.14, specifying that Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord’s obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion (“Landlord Default”). (b) In the event of a Landlord Default, Tenant, at its option, without further notice or demand, shall have the right to any damage caused therebyone or more of the following remedies in addition to all other rights and remedies provided at law or in equity or elsewhere herein: (1) to pursue the remedy of specific performance; and (2) to seek money damages for loss arising from Landlord’s failure to discharge its obligations under the Lease. (c) Nothing in Paragraph 18.5(b) shall relieve Landlord from its obligations hereunder, nor shall this Lease Paragraph 18.5(b) be voidconstrued to obligate Tenant to perform Landlord’s repair obligations. Notwithstanding the foregoing, in the event of an emergency, Tenant may give Landlord such shorter notice as is practicable under the circumstances, and if Landlord fails to make such repairs immediately, Tenant may immediately undertake such repairs and Landlord shall not be liable reimburse Tenant for its actual costs within thirty (30) days from receipt of invoices for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinsuch repair.

Default by Landlord. Upon the breach If Landlord shall fail to perform any covenant or obligation required to be performed by Landlord of under the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (i) all Rent Lease and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant such failure shall make written request continue for performance or cure of any such obligation or default and allow Landlord a period of fourteen thirty (1430) days after receipt by Landlord of written notice thereof from Tenant or if Landlord shall fail to pay any sums due to Tenant under this Lease on the date the same shall become due and payable hereunder, and such failure shall continue for a period of thirty (30) days after receipt by Landlord of written notice thereof from Tenant [unless such failure is of such notice to commence to cure the breach. If performance or cure of the default has a nature that it cannot been commenced or completed after such reasonable notice be cured within said thirty (30) day period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, in which event Landlord shall not be liable for in default hereunder if it shall have commenced to cure said default within said thirty (30) day period and diligently prosecute said cure to completion], then Tenant may, as its sole remedy under this Lease, cure any damage caused therebycovenant or obligation which Landlord has failed to perform, nor and any sums expended by Tenant in curing such failure shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of paid by Landlord to enforce any term hereof Tenant immediately upon demand, and shall be deemed a waiver, nor shall acceptance bear interest at the Interest Rate from the date of partial payment be deemed a waiver of Landlord’s right demand; or (b) bring suit to recover from Landlord all sums due Tenant from Landlord together with interest at the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinInterest Rate.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No The failure of Landlord to enforce observe and perform ------------------- any term hereof provision of this Lease to be observed and performed by Landlord, where such failure continues for thirty (30) days after notice by Tenant to Landlord (provided, however, that if the cure of such failure requires, despite the use of diligent efforts, a period in excess of thirty (30) days, then such thirty (30) day period shall be deemed extended for so long as Landlord pursues the cure thereof with reasonable diligence) shall constitute a waiverdefault under this Lease by Landlord. Upon the occurrence of a default by Landlord, nor Tenant may pursue any remedy provided under this Lease or by law, subject to any provisions of this Lease limiting Tenant's remedies (including, without limitation, the provisions of Section 15.1). Without limiting the remedies otherwise conferred upon Tenant, ------------ if Landlord fails to perform a repair which it is obligated to perform under this Lease and such failure continues for fifteen (15) days after notice by Tenant to Landlord (provided, however, that if the cure of such failure requires, despite the use of diligent efforts, a period in excess of fifteen (15) days, then such fifteen (15) day period shall acceptance be extended for so long as Landlord pursues the cure thereof with reasonable diligence), then Tenant shall have the right (but not the obligation) to perform such repair on Landlord's behalf and any reasonable amount which Tenant spends in performing such repair shall be repaid by Landlord within thirty (30) days after delivery to Landlord of partial a copy of the invoice for such repair together with proof of payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated herein.

Default by Landlord. Upon In the breach event of any default by Landlord, Tenant's exclusive remedy shall be an action for damages (Tenant hereby waiving the benefit of any Laws granting it a lien upon the property of Landlord and/or upon Rent due Landlord, or any right of the terms and conditions of this Leasesetoff, Tenant may or a right to terminate this Lease), provided that (i) all Rent and other charges due and payable but prior to Landlord have been paid by Tenant to Landlord; and (ii) any such action Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving give Landlord written notice of Tenant’s election to do sospecifying such default with particularity, and Landlord shall thereupon refund Tenant’s Security Deposithave a reasonable period, but in no event less proper chargesthan 30 days, together with in which to commence to cure any unearned portion of such default. Unless and until Landlord fails to so commence to cure any Rent pre-paid by Tenant. If owner is unable default after such notice or having so commenced thereafter fails to deliver possession of the premises at the commencement of hereofexercise reasonable diligence to complete such cure, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for have any rent until possession is deliveredremedy or cause of action by reason thereof. No failure All obligations of Landlord to enforce any term hereof hereunder shall be deemed a waiverconstrued as covenants, nor shall acceptance not conditions; and all such obligations will be binding upon Landlord only during the period of partial payment be deemed a waiver its holding of Landlord’s right legal title to the full amount thereofPremises and not thereafter. This Lease superseded Notwithstanding any provision to the contrary herein, if Landlord becomes obligated to pay Tenant a money judgment arising out of any failure by Landlord to perform or observe any of the terms, covenants, conditions or provisions to be performed or observed by Landlord hereunder, such money judgment shall be subject and subordinate to the Loan Documents and Tenant shall be limited for the satisfaction of said money judgment solely to Landlord's interest in the Premises or any proceeds arising from the sale thereof and no other lease on property or assets of Landlord or its individual directors, officers or shareholders shall be subject to levy, execution or other enforcement procedure whatsoever for the premises during the term stated hereinsatisfaction of said money judgment.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. If Landlord is in default of this lease, Tenant's sole remedy shall be to institute suit against Landlord in a court of competent jurisdiction, and Tenant shall have no right to offset any sums expended by Tenant as a result of Landlord's default against future rent and other sums due and payable pursuant to this lease. If Landlord is in default of this lease, and as a consequence Tenant recovers a money judgment against Landlord, the judgment shall be satisfied only out of the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Project of which the Premises are a part, and out of rent or other income from such real property receivable by Landlord or out of the consideration received by Landlord from the sale or other disposition of all or any part of Landlord's right, title and interest in the Project of which the Premises are a part. Neither Landlord nor any of the partners comprising the partnership designated as Landlord shall be personally liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereindeficiency.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall in default under this Lease be void. unless Landlord fails to perform obligations required of Landlord within thirty (30) days after written notice by Tenant to Landlord and to the holder of any mortgage or deed of trust encumbering the Project whose name and address shall have theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its cure, then Landlord shall not be liable for any rent until possession is deliveredin default if Landlord commences performance within such thirty (30) day period and thereafter diligently pursues the same to completion. No failure In no event shall Tenant have the right to terminate this Lease as a result of Landlord to enforce any term hereof Landlord's default, and Tenant's remedies shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s limited to damages and/or an injunction. Tenant hereby waives its right to the full amount thereofrecover consequential damages (including, but not limited to, lost profits) or punitive damages arising out of a Landlord default. This Lease superseded and the obligations of Tenant hereunder shall not be affected or impaired because Landlord is unable to fulfill any other lease on of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of a Force Majeure Event, and the premises during time for Landlord's performance shall be extended for the term stated hereinperiod of any such delay.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises specifying wherein Landlord has failed to perform such obligations, provided, however, that if the nature of Landlord’s obligations is such that more than thirty (30) days are required by performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. If Landlord is in default of this lease, Tenant’s sole remedy shall be to institute suit against Landlord in a court of competent jurisdiction, and Tenant shall have no right to offset any sums expended by Tenant as a result of Landlord’s default against future rent and other sums due and payable pursuant to this lease. If Landlord is in default of this lease, and as a consequence Tenant recovers a money judgment against Landlord, the judgment shall be satisfied only out of the proceeds of sale received on execution of the judgment and levy against the right, title and interest of Landlord in the Project of which the Premises are a part, and out of rent or other income from such real property receivable by Landlord or out of the consideration received by Landlord from the sale or other disposition of all or any part of Landlord’s right, title and interest in the Project of which the Premises are a part. Neither Landlord nor any of the partners comprising the partnership designated as Landlord shall be personally liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereindeficiency.

Default by Landlord. Upon (a) Landlord shall not be deemed to be in default in the breach performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligations within thirty (30) days after written notice by Tenant to Landlord specifying wherein Landlord has failed to perform such obligation, provided, however, that if the nature of Landlord’s obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion. In no event shall Landlord be liable to Tenant for loss of profits, business interruption, or consequential damages for a failure to perform its obligations if Landlord cures such failure within the time periods specified in this paragraph. (b) Tenant agrees to give any mortgagee and/or trust deed holders, by registered mail, a copy of any Notice of Default served upon the Landlord, provided that prior to such notice Tenant has been notified in writing (by way of Notice of Assignment of Rents and Leases, or otherwise) of the address of such mortgagee and/or trust deed holder. Tenant further agrees that if Landlord shall have failed to cure such default within the time provided for in this Lease, then the mortgagees and/or trust deed holders shall have an additional thirty (30) days within which to cure such default, or if such default cannot be cured within that time, then such additional time as may be necessary if within thirty (30) days mortgagee and/or trust deed holder has commenced and is diligently pursuing the remedies necessary to cure such default (including, but not limited to, commencement of foreclosure proceedings, if necessary to effect such cure), in which event this Lease shall not be terminated while remedies are being so diligently pursued. (c) In the event Landlord fails to perform any of its obligations under this Lease and (except in case of emergency posing an immediate threat to persons or property, in which case no prior notice shall be required) fails to commence such cure within said thirty (30) day period and thereafter continuously with due diligence prosecute such cure to completion, then Tenant may cure such default and to demand reimbursement by Landlord of the terms and conditions cost of this Leasesuch cure, with interest thereon at the Interest Rate, from the date of the expenditure until repaid. If Landlord fails to reimburse Tenant may terminate this Lease, provided that within thirty (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (1430) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice perioddemand, then Tenant may terminate this Lease by giving Landlord written notice of set off such amount against the Rent next due. Notwithstanding the foregoing to the contrary, Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent preself-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord help rights under this Section 27(c) shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure exceed the amount of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlordtwo (2) month’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinBase Rent.

Default by Landlord. Upon the breach by If Landlord of the terms and conditions fails to comply with any term, provision, covenant, or condition of this Lease, and such failure remains unremedied for thirty (30) days following written notice thereof from Tenant to Landlord, Tenant may terminate this Leasepursue all remedies at law or in equity to which Tenant may be entitled. Additionally, provided that if Landlord fails to pay any amount payable by Landlord to Tenant hereunder and such failure to pay continues and remains unremedied for a period of thirty (i30) all Rent and other charges due and payable to Landlord have been paid days after written notice thereof given by Tenant to Landlord and/or its mortgagee then, Tenant may deliver a second notice to Landlord; , and if such default shall continue uncured by Landlord and/or its mortgagee for an additional fifteen (ii15) days after the delivery of such second notice, Tenant shall make written request have the right to offset such amount against Rent. No notice to Landlord under this Section 7.2.7 shall be effective until a copy thereof is delivered to each Landlord mortgagee for performance which Tenant has received a notice address in writing from Landlord or its mortgagee. The rights of Tenant pursuant to this Section 7.2.7 shall be subject to the express provisions of Section 3.1.6 of this Lease providing for remedies different from, or in exclusion of, the remedies above-described. Tenant specifically agrees that the cure of any such obligation or default and allow by any Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof mortgagee shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereincure by Landlord under this Lease.

Default by Landlord. Upon the breach by (a) It shall be an event of default under this Lease if Landlord of the terms and conditions of fails to perform any material term or condition under this Lease, Tenant may terminate this Lease, provided that Lease within thirty (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (1430) days after receipt of written notice from Tenant specifying the failure, provided, however, that if such notice failure is of such a nature that Landlord cannot reasonably remedy the same within such thirty (30) day period, no such failure will be deemed to commence exist if Landlord commences to cure the breachdefault within such thirty (30) day period and thereafter prosecutes the same to completion with reasonable diligence (but in no event later than sixty (60) days from the date the notice is received form Tenant unless otherwise agreed upon in writing). If performance or cure In the event that Tenant terminates this Lease because of Landlord’s default hereunder, Tenant’s obligation to pay any further Rent and other obligations hereunder (other than those expressly survive termination) shall cease as of the default has not been commenced or completed after such reasonable notice period, providing the nature date of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of default to Landlord, and Tenant shall have the right to pursue any and all remedies available to it at law and/or equity. (b) Landlord agrees to reimburse Tenant for all actual and reasonable costs associated with the enforcement of Tenant’s election rights under this Lease, or any and all provisions therein, including but not limited to do soall legal and court costs. Without limiting any of Tenant’s rights and remedies hereunder, and in addition to all other amounts Landlord is otherwise obligated to pay, it is expressly agreed that Tenant shall thereupon refund Tenant’s Security Depositbe entitled to recover from Landlord all actual and reasonable costs and expenses, less proper chargesincluding reasonable attorneys’ fees, together with any unearned portion of any Rent pre-paid incurred by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall Tenant in enforcing this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of from and after Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereindefault.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall in default under this Lease be void. unless Landlord fails to perform obligations required of Landlord within thirty (30) days after written notice by Tenant to Landlord and to the holder of any mortgage or deed of trust encumbering the Project whose name and address shall have theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its cure, then Landlord shall not be liable for any rent until possession is deliveredin default if Landlord commences performance within such thirty (30) day period and thereafter diligently pursues the same to completion. No failure In no event shall Tenant have the right to terminate this Lease as a result of Landlord to enforce any term hereof Landlord's default, and Tenant's remedies shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s limited to damages and/or an injunction. Tenant hereby waives its right to the full amount thereofrecover consequential damages (including, but not limited to, lost profits) or punitive damages arising out of a Landlord default. This Lease superseded and the obligations of Tenant hereunder shall not be affected or impaired because Landlord is unable to fulfill any other lease on of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of a Force Majeure Event, and the premises during time for Landlord's performance shall be extended for the term stated hereinperiod of any such delay. Any claim, demand, right or defense by Tenant that arises out of this Lease or the negotiations which preceded this Lease shall be barred unless Tenant commences an action thereon, or interposes a defense by reason thereof, within six (6) months after the date of the inaction, omission, event or action that gave rise to such claim, demand, right or defense.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be deemed to be in default in the performance of any obligation under this Lease unless and until it has failed to perform the obligation within thirty (30) days after written notice by Tenant to Landlord specifying in reasonable detail the nature and extent of the failure; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it commences performance within the thirty-(30)-day period and thereafter diligently pursues the cure to completion. The directors, officers, shareholders and employees of Landlord shall not be personally liable for any damage caused therebyclaim or judgment against Landlord under any circumstances. If Landlord is in default under this Lease, nor then Tenant shall this Lease seek only a money judgment against Landlord and shall not attempt to seize or attach any asset of Landlord except as otherwise provided herein. If Xxxxxx recovers a money judgment against Xxxxxxxx, then such judgment shall be voidsatisfied only out of the proceeds of the sale received on execution of the judgment levied against the right, title and interest of the Landlord in the Building or out of rent or other income from the Building received or to be received by the Landlord. Tenant shall not be liable for attempt to satisfy any rent until possession is delivered. No failure such judgment from any other asset of Landlord to enforce under any term hereof shall be deemed a waiver, nor shall acceptance circumstances. Tenant acknowledges that this limitation on Landlord's liability has been separately bargained for and that Landlord would not enter into this Lease in the absence of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinthis provision.

Default by Landlord. Upon the breach If any representation made by Landlord herein shall be false, or if Landlord shall breach any warranty or fail to perform any covenant that Landlord is required to perform and such breach or failure shall continue for a period of the terms thirty (30) days after Landlord receives notice thereof from Tenant or if Landlord shall fail to pay any sums due to Tenant or any taxing authority hereunder, and conditions such failure shall continue for a period of this Leaseten (10) days after Landlord receives notice thereof from Tenant (collectively, “Landlord Event of Default”) then Tenant may terminate this Leasemay, provided that (i) exercise all Rent available legal and other charges due equitable rights and payable to Landlord have been paid by Tenant to Landlord; and remedies, or (ii) Tenant shall make written request for performance or cure any Landlord Event of Default and perform any such obligation or default and allow covenants which Landlord a period of fourteen (14) days after receipt of such notice has failed to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do soperform, and Landlord shall thereupon refund Tenantpay to Tenant within two weeks after receipt of demand all reasonable sums which Tenant expends in curing such default and performing such covenants and if such sums are not timely paid Tenant may bring suit to recover from Landlord all sums due Tenant from Landlord. Notwithstanding the foregoing, any nonmonetary default cannot with due diligence be cured prior to the expiration of thirty (30) days from the date of Landlord’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession receipt of the premises at notice provided for above, and if Landlord commences within thirty (30) days after the commencement date to eliminate the cause of hereofsuch default and proceeds diligently and with reasonable dispatch to take all steps and do all work in order to cure such default, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. then Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s have the right to the full amount thereof. This declare this Lease superseded any other lease on the premises during the term stated hereinterminated by reason of such default.

Default by Landlord. Upon In the event of breach of this Lease by Landlord, Tenant shall, before exercising any remedy available to it, give Landlord written notice of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that claimed breach. For thirty (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (1430) days after receipt of following such notice to commence Landlord shall have the right to cure the breach, or, if such breach cannot be cured within that time, such additional time as may be necessary if within such 30-day period Landlord has commenced and is diligently pursing the remedies necessary to cure such breach not to exceed ninety (90) days. If performance such breach remains uncured, a Landlord default shall be deemed to have occurred and Tenant may, at its option and (unless other remedies are specified elsewhere in this Lease) have as its sole remedies any one or cure more of the default has not been commenced following described remedies: (a) pursue an injunction to enjoin the breach; (b) pursue specific performance of Landlord’s obligations under this Lease; or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord (c) seek money damages for loss arising from Landlord’s failure to commence cure of the default during such reasonable notice period, then discharge its obligations under this Lease. Tenant may shall have no right to terminate this Lease upon a default by giving Landlord written notice of Tenantexcept pursuant to an express right to terminate set forth in this Lease. Landlord’s election to do somembers, managers, officers, directors, shareholders, affiliates, heirs, personal representatives, successors or assigns (collectively, “Related Parties”) shall have no personal liability whatsoever for any deficiency, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver no other assets of Landlord’s right Related Parties shall be subject to the full amount thereof. This Lease superseded any levy, execution or other lease on the premises during the term stated hereinenforcement procedures as a result of such judgment.

Default by Landlord. Upon In the breach by event Landlord fails or refuses to perform any of the terms and provisions, covenants or conditions of this LeaseLease on Landlord’s part to be kept or performed, then Tenant, prior to exercising any right or remedy Tenant may terminate this Leasehave against Landlord on account of such default, provided that (i) all Rent and other charges due and payable shall give written notice to Landlord have been paid by Tenant to Landlord; and (iiany Facility Mortgagee(s) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such default, specifying in said notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit with which Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do sois charged, and Landlord shall thereupon refund Tenant’s Security Depositnot be deemed in default if the same is cured within thirty (30) calendar days of receipt of said notice; provided, less proper chargeshowever, together that if the default complained of in the notice is of such a nature that the same can be rectified or cured by Landlord, but cannot with reasonable diligence be rectified or cured by Landlord within said thirty (30) calendar-day period, then such default shall be deemed to be rectified or cured if Landlord within a thirty (30) calendar-day period shall commence the rectification and curing thereof and shall continue thereafter with all due diligence to cause such rectification and curing to proceed. Notwithstanding the foregoing to the contrary, with respect to a default by Landlord in funding a draw on the Working Capital Line, or other default involving the payment by or delivery by Landlord of funds, then the applicable cure period shall be ten (10) Business Days. Upon the occurrence of a default hereunder by Landlord, and subject to applicable rights of notice and cure as provided in this Section 14.6, Tenant may exercise any unearned portion and all rights or remedies available to it at law or in equity (including, without limitation, the right to terminate this Lease). The provisions of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord this Section 13.6 shall not be liable for any damage caused therebydeemed to amend, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure limit or vitiate the provisions of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinSection 11.4.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (ia) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligations within twenty (20) days after written notice by Tenant to Landlord specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord’s obligation is such that more than twenty (20) days are required for any damage caused therebyits performance, nor shall this Lease be void. Tenant then Landlord shall not be deemed to be in default if it shall commence such performance within such twenty (20)-day period and thereafter diligently prosecute the same to completion. In no event shall Landlord be liable to Tenant for loss of profits, business interruption, or consequential damages if Landlord performs its obligations within the time periods specified in this Paragraph. (b) Tenant agrees to give any rent until possession mortgagee and/or trust deed holders, by registered mail, a copy of any Notice of Default served upon the Landlord, provided that prior to such notice Tenant has been notified in writing (by way of Notice of Assignment of Rents and Leases, or otherwise) of the address of such mortgagee and/or trust deed holder. Tenant further agrees that if Landlord shall have failed to cure such default within the time provided for in this Lease, then the mortgagees and/or trust deed holders shall have an additional thirty (30) days within which to cure such default, or if such default cannot be cured within that time, then such additional time as may be necessary if within thirty (30) days mortgagee and/or trust deed holder has commenced and is delivered. No failure diligently pursuing the remedies necessary to cure such default (including, but not limited to, commencement of Landlord foreclosure proceedings, if necessary to enforce any term hereof effect such cure), in which event this Lease shall not be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinterminated while remedies are being so diligently pursued.

Default by Landlord. Upon the breach by Landlord (1) The occurrence of any one or more of the terms following events shall constitute a default by the Landlord and conditions a breach of this Lease, Tenant may terminate this Lease, provided that : (i) all Rent the Landlord fails to make a payment of any monetary obligation to the Tenant as and other charges when the same shall become due and payable to Landlord have been paid hereunder and such failure shall continue for more than ten (10) consecutive days after notice by Tenant to Landlord; and the Tenant, or (ii) the Landlord fails to promptly and fully perform or observe any of the other provisions in this Lease to be performed or observed by the Landlord and the failure shall continue for more than twenty (20) consecutive days after notice by the Tenant specifying the nature of such failure, or if the failure so specified shall make written request be of such a nature that the same cannot be reasonably cured or remedied within said twenty (20) day period, the Landlord shall not have commenced to cure or remedy the failure in good faith within such twenty (20) day period and thereafter shall have diligently proceeded to cure or remedy it, (unless the act or omission of the Landlord or occurrence involves a hazardous or emergency condition which shall be cured by the Landlord forthwith upon the Tenant's demand), or (iii) at any time prior to or during the Term, the Landlord makes an assignment for performance the benefit of creditors, or cure a receiver is appointed for any property of the Landlord, or any voluntary or involuntary petition or similar pleading under any section or sections of any such obligation bankruptcy Law shall be filed by or default against the Landlord, or any voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare the Landlord insolvent or unable to pay the Landlord's debts, and allow in the case of any involuntary petition or proceeding, the petition or proceeding is not dismissed within thirty (30) consecutive days from the date it is filed. (2) If the Landlord a period of fourteen defaults hereunder and at any time thereafter, (14i) if the Term shall not have commenced, the Tenant may cancel and terminate this Lease effective three (3) days after receipt of such notice to commence to cure the breach. If performance Landlord, or cure of (ii) if the default has not been commenced or completed after such reasonable Term shall have commenced, the Tenant may serve upon the Landlord a notice period, providing the nature of the default that this Lease and the availability of materialsTerm will terminate on a date to be specified therein, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord (which shall not be less than three (3) or more than thirty (30) days after the date the Tenant's notice is given), and upon the date so specified by the Tenant in its notice, this Lease and the then unexpired Term shall terminate and come to an end as fully and completely as if the date specified in the Tenant's notice was the day herein definitely fixed for the end of the Term, and the Tenant shall then quit and surrender the Premises to the Landlord, but the Tenant may pursue any remedy at Law or in equity by reason of the Landlord's default; except that in no event shall the Landlord be liable to the Tenant or any other Person for any damage caused therebyconsequential, nor shall this Lease be void. special or indirect damages and the Tenant shall not be liable for hereby waives and releases the Landlord from any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinclaims therefor.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No The failure of Landlord to enforce perform or observe any term hereof of the terms, covenants or conditions contained in this Lease on Landlord’s part to be performed or observed shall constitute a default by Landlord under this Lease only if such neglect or failure shall continue for a period of thirty (30) days (plus, to the extent such failure is not capable of cure within thirty (30) days, such additional reasonable period of time, as is reasonably necessary to effect such cure; provided Landlord commences cure efforts within such thirty (30) day period and diligently pursues such cure to completion) after Landlord receives written notice from Tenant specifying the default. The notice shall give in reasonable detail the nature and extent of the failure and shall identify the Lease provision(s) containing the obligation(s). If Landlord shall default in the performance of any of its obligations under this Lease (after notice and opportunity to cure as provided herein), Tenant shall have the right at its sole and exclusive remedy to pursue an action for damages with respect to a default by Landlord. In no event shall (a) Tenant have the right to terminate this Lease as a result of a breach or default by Landlord hereunder, or (b) Landlord be liable for, and in no event shall Tenant have the right to deduct from or set off against any payments due to Landlord, any punitive damages, lost profits, business interruption, speculative, consequential or other such damages except as may be specifically provided elsewhere in this Lease. Landlord’s liability hereunder shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinfurther limited as expressly set forth in this Lease.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of shall be in default under this Lease, Tenant may terminate this Lease, provided that Lease if (i) all Rent Landlord fails to perform any of its obligations hereunder and other charges due and payable to Landlord have been paid by said failure continues for a period of thirty (30) days after written notice thereof from Tenant to Landlord; provided that if such failure cannot reasonably be cured within said 30-day period, Landlord shall be in default hereunder only if Landlord fails to commence the cure of said failure within said 30-day period, or having commenced the curative action within said 30-day period, fails to diligently pursue same, and (ii) each Mortgagee of whose identity Tenant has been notified in writing shall make written request for performance have failed to cure such default within thirty (30) days (or cure of any such obligation or default and allow Landlord a longer period of fourteen (14time as may be specified in any written agreement between Tenant and Mortgagee regarding such matter) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. from Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right failure to cure within the full amount thereoftime periods provided above. This In the event of an uncured default by Landlord under the Lease, Tenant shall use reasonable efforts to mitigate its damages and losses arising from any such default and Tenant may pursue any and all remedies available to it at Law or in equity, provided, however, in no event shall Tenant claim a constructive or actual eviction or that the Premises have become unsuitable or uninhabitable prior to a default and failure to cure by Landlord and its Mortgagee under this Lease superseded and, further provided, in no event shall Tenant be entitled to receive more than its actual direct damages, it being agreed that Tenant hereby waives any other lease on the premises during the term stated hereinclaim it otherwise may have for special or consequential damages.

Default by Landlord. Upon the breach by A. If Landlord shall fail or neglect to perform or observe any of the terms and terms, covenants or conditions of this Lease, Tenant may terminate this Lease, provided that Lease on its part to be performed or observed within thirty (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (1430) days after receipt of such written notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice periodor, providing when more than thirty (30) days are reasonably required because of the nature of the default and the availability of materialsdefault, labor and utilities or other resources permit if Landlord shall fail to commence and proceed diligently to cure such default within thirty (30) days after receipt of the default during written notice from Tenant but in all events within ninety (90) days of such reasonable notice periodnotice, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused therebyand all damages sustained by Tenant as a result of Landlord's breach. B. Provided that Tenant has been notified in writing of the most current mailing address of Landlord's mortgagee, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver notify said mortgagee of Landlord’s right 's default and shall afford said mortgagee the opportunity to cure Tenant's default for a period of thirty (30) days following mortgagee's receipt of such notice. C. Landlord shall reimburse Tenant for its out-of-pocket costs directly incurred by Tenant as a result of curing Landlord's breach, within thirty (30) days of receipt of an itemized xxxx therefore, provided Tenant fully complies with each of the following: (i) Landlord receives thirty (30) days (the "Notice Period") prior written notice from Tenant of its intent to commence repairs or otherwise cure Landlord's breach, including a detailed description of the work to be performed. (ii) Tenant submits copies of all paid invoices together with lien waivers signed by each vendor/contractor indicating that they have been paid in full amount thereof. This Lease superseded for all services rendered and materials supplied. (iii) Tenant secures all necessary governmental approvals prior to commencement of any other lease on the premises during the term stated hereinwork.

Default by Landlord. Upon Landlord shall not be in default unless Landlord fails to perform a material obligation hereunder within the breach time periods set forth herein, or if no time period is indicated, then within a reasonable time, after written notice of default by Landlord Tenant to Landlord. If the Premises are totally destroyed by storm, fire, lightning, earthquake or other casualty, this Lease shall terminate as of the terms date of such destruction, and conditions all rent shall be accounted for as between Landlord and Tenant through such date. If the Premises are damaged but not wholly destroyed by any of such casualties, so long as Tenant has functional space in order to run its business in a normal fashion and in accordance with applicable law, this Lease shall not terminate and, rent shall xxxxx in such proportion as use of the Premises has been destroyed, and Landlord shall restore the Premises to substantially the same condition as before damage as speedily as practicable, whereupon full rent shall recommence; provided, however, that in the event of such partial destruction, Landlord or Tenant shall have the option (in lieu of any restoration obligation) to terminate this Lease, by notice to the other given within thirty (30) calendar days following such damage, if either (i) the cost of such restoration (whether or not compensated for by insurance) shall exceed the annual fixed rent then payable under Paragraph 4; or (ii) such damage reduced the gross rentable floor area of the Premises by fifty (50%) percent or more or, if such damage occurs during the last half of the term of this Lease, twenty-five (25%) percent or more or (iii) the cost of such restoration exceeds the amount of casualty insurance on the Premises maintained by Landlord; (iv) or the required restoration cannot be completed within 180 days of the damage, Tenant may shall place personal property and install fixtures in the Premises at Tenant’s sole risk and expense. No insurance carried by Landlord will provide coverage of any kind for such personal property and fixtures. If the Center shall be damaged by storm, fire, lightning, earthquake or other casualty, and such damage reduces by more than twenty-five (25%) percent the gross rentable floor area of the Center, Landlord shall have the option to terminate this Lease regardless of whether or not such casualty damages the Premises and whether or not the restoration of such damage would be compensated by insurance. Landlord shall notify Tenant in writing within thirty (30) days after the occurrence of any such casualty if Landlord intends to so terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period termination shall be effective as of fourteen (14) days after receipt the date of such notice casualty. Provided, however, Tenant’s obligation to commence to cure the breach. If performance or cure pay rent hereunder shall continue so long as Tenant is in possession of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default Premises and the availability of materialsPremises is usable for the purposes for which it was leased in accordance with applicable law. In the event such damage, labor and utilities destruction, or other resources permit Landlord appropriation by eminent domain does not give rise to commence cure of insurance or award for the default during such reasonable notice periodTenant, then Tenant may terminate this Lease the Landlord’s rights herein to cancel would be subject to repayment by giving the Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinunamortized leasehold improvements.

Default by Landlord. Upon the breach by Landlord shall not be in default under this Lease unless Landlord fails to perform obligations required of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid within [*] after written notice by Tenant to Landlord, specifying wherein Landlord has failed to perform such obligation; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice periodprovided, providing however, that if the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during Landlord's obligation is such reasonable notice periodthat more than [*] are required for its cure, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor in default if Landlord commences performance within such [*] period and thereafter diligently pursues the same to completion. In no event shall Tenant have the right to terminate this Lease as a result of Landlord's default, and Tenant's remedies shall be voidlimited to damages and/or an injunction. Tenant hereby waives its right to recover consequential damages (including, but not limited to, lost profits) or punitive damages arising out of a Landlord default. This Lease and the obligations of Tenant hereunder shall not be liable affected or impaired because Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of a Force Majeure Event, and the time for any rent until possession is delivered. No failure of Landlord to enforce any term hereof Landlord's performance shall be deemed extended for the period of any such delay. Any claim, demand, right or defense by Tenant that arises out of this Lease or the negotiations which preceded this Lease shall be barred unless Tenant commences an action thereon, or interposes a waiverdefense by reason thereof, nor shall acceptance within twelve (12) months after the date of partial payment be deemed a waiver of Landlord’s the inaction, omission, event or action that gave rise to such claim, demand, right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinor defense.

Default by Landlord. Upon the breach by Landlord shall be in default under this Lease if Landlord fails or refuses to perform any of the terms and conditions of Landlord's obligations under this Lease, Tenant may terminate this Lease, provided that Lease within thirty (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (1430) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid given by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereofdefault cannot reasonably be cured within said thirty (30) day period, Landlord shall not be liable for any damage caused thereby, nor shall in default of this Lease if Landlord commences to cure the default within said thirty (30) day period and diligently and in good faith continues to pursue the same to completion. Should the Premises be void. subject to the lien of any trust deed, mortgage, judgment, assessment, tax or other obligation, whether incurred before or after the execution of this Lease, which Tenant is not bound under this Lease to pay or discharge, or should Landlord fail to pay or discharge any obligation which Landlord is obligated under this Lease to pay or discharge, Tenant shall have the right, but not be liable the obligation, at any time to pay or discharge any such obligations. Should Tenant elect to pay or discharge any such obligation, Landlord shall, upon demand, reimburse Tenant for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This , together with Tenant's expenses incurred in connection therewith, including reasonable attorney's fees and interest from the date of payment at the maximum rate allowable by law, and Tenant shall have the right to deduct from Rent thereafter payable under this Lease superseded or from the purchase price of any other lease on sale of the premises during the term stated hereinPremises made by Landlord to Tenant all amounts due from Landlord under this section until such amounts have been paid in full.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be deemed to be in default in the performance of any obligation under this Lease unless and until it has failed to perform the obligation within thirty (30) days after written notice by Tenant to Landlord specifying in reasonable detail the nature and extent of the failure; provided, however, that if the nature of Landlord’s obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it commences performance within the thirty-(30)-day period and thereafter diligently pursues the cure to completion. The directors, officers, shareholders and employees of Landlord shall not be personally liable for any damage caused therebyclaim or judgment against Landlord under any circumstances. If Landlord is in default under this Lease, nor then Tenant's remedies shall be only to seek a money judgment against Landlord, or an action for specific performance and/or declaratory relief against Landlord, but in no event shall Tenant have the remedy of a termination of this Lease Lease. In the event Tenant seeks a money judgment against Landlord, Tenant shall not attempt to seize or attach any asset of Landlord except as otherwise provided herein. If Tenant recovers a money judgment against Landlord, then such judgment shall be voidsatisfied only out of the proceeds of the sale received on execution of the judgment levied against the right, title and interest of the Landlord in the Building or out of rent or other income from the Building received or to be received by the Landlord. Tenant shall not be liable for attempt to satisfy any rent until possession is delivered. No failure such judgment from any other asset of Landlord to enforce under any term hereof shall be deemed a waiver, nor shall acceptance circumstances. Tenant acknowledges that this limitation on Landlord's liability has been separately bargained for and that Landlord would not enter into this Lease in the absence of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinthis provision.

Default by Landlord. (a) The following shall be an event of default by Landlord (a “Landlord Default”): (i) failure by Landlord to pay any sum required to be paid by Landlord pursuant to this Lease within ten (10) days after Landlord receives notice from Tenant that the same is due and payable; or (ii) failure by Landlord to perform or comply with any covenant or condition of this Lease to be performed or complied with by Landlord within thirty (30) days after written notice thereof from Tenant and such additional time, if any, as is reasonably necessary to cure such failure, provided Landlord commences to cure such failure within such thirty (30) day period and thereafter prosecutes such cure to completion with reasonable diligence. (b) Upon the breach by occurrence of a Landlord Default, Tenant may, at its election, perform the obligation which Landlord has failed to perform for the account of Landlord. Notwithstanding the terms and conditions foregoing, in case of an emergency where there is an immediate threat to the Premises or Tenant’s property therein as a result of Landlord’s failure to perform any obligation under this Lease, Tenant shall have the right to perform any obligation that Landlord has failed to perform, without giving the notice and opportunity for cure required for such failure to constitute a Landlord Default. Tenant shall, however, give such notice as may terminate be reasonable under the circumstances (which notice may, for this Leasepurpose, provided that (i) consist of telephonic notice). Landlord shall pay Tenant upon demand all Rent and other charges due and payable to Landlord have been reasonable costs paid by Tenant in performing Landlord’s obligations under the preceding paragraph. The rights and remedies granted to Landlord; Tenant pursuant to this Section are in addition to all other rights and (ii) remedies which Tenant shall make written request for performance may have by law or cure equity on account of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit failure by Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate perform its obligations under this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinLease.

Default by Landlord. Upon the breach by Landlord shall be in default under this Lease if Landlord fails or refuses to perform any of the terms and conditions of Landlord's obligations under this Lease, Tenant may terminate this Lease, provided that Lease within thirty (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (1430) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid given by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereofdefault cannot reasonably be cured within said thirty (30) day period, Landlord shall not be liable for any damage caused thereby, nor shall in default of this Lease if Landlord commences to cure the default within said thirty (30) day period and diligently and in good faith continues to pursue the same. Should the Premises be void. subject to the lien of any trust deed, mortgage, judgment, assessment, tax or other obligation, whether incurred before or after the execution of this Lease, which Tenant is not bound under this Lease to pay or discharge, or should Landlord fail to pay or discharge any obligation which Landlord is obligated under this Lease to pay or discharge, Tenant shall have the right, but not be liable the obligation, at any time to pay or discharge any such obligations. Should Tenant elect to pay or discharge any such obligation, Landlord shall, upon demand, reimburse Tenant for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This , together with Tenant's expenses incurred in connection therewith, including reasonable attorney's fees and interest from the date of payment at the maximum rate allowable by law, and Tenant shall have the right to deduct from Rent thereafter payable under this Lease superseded or from the purchase price of any other lease on sale of the premises during the term stated hereinPremises made by Landlord to Tenant all amounts due from Landlord under this section until such amounts have been paid in full.

Default by Landlord. It shall be a default under and breach of this Lease by Landlord if Landlord shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) days after notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same cannot reasonably be performed within such thirty-day period, such default shall be deemed to have been cured if Landlord commences such performance within said thirty-day period and thereafter diligently undertakes to complete the same and completes the required action within a reasonable time. Upon the breach by Landlord occurrence of the terms and conditions of this Leaseany such default, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable xxx for injunctive relief or to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request recover damages for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure loss resulting from the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. but Tenant shall not be liable for entitled to terminate this Lease or withhold or xxxxx any rent until possession due hereunder; provided, however, that Tenant shall be entitled to terminate this Lease if Landlord breaches its covenant of quiet enjoyment set forth in Section 4.4 hereof, and such breach is deliverednot cured within the time periods set forth in this Section 12.3. No failure Tenant shall deliver a copy of any written notice of default to any mortgagee of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinwhich Tenant has received notice.

Default by Landlord. Upon 28.1 It is agreed that in the breach by event Landlord fails or refuses to perform any of the terms and provisions, covenants or conditions of this LeaseLease on Landlord's part to be kept or performed, that Tenant, prior to exercising any right or remedy Tenant may terminate this Leasehave against Landlord on account of such default, provided that (i) all Rent and other charges due and payable shall give written notice to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such default, specifying in said notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default with which Landlord is charged and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be deemed in default if the same is cured within thirty (30) days of receipt of said notice. Notwithstanding any other provisions hereof, Tenant agrees that if the default complained of in the notice provided for by this Section is of such nature that the same can be rectified or cured by Landlord, but cannot with reasonable diligence be rectified or cured by Landlord within said thirty (30) day period, then such default shall be deemed to be rectified or cured if Landlord within a thirty (30) day period shall commence the rectification and curing thereof and shall continue thereafter with all due diligence to cause such rectification and curing to proceed. 28.2 The liability of Landlord to Tenant for any default by Landlord under the terms of this Lease shall be limited to the equity interest of Landlord in the Property and Tenant agrees to look solely to Landlord's equity interest in the Property for any recovery of any judgment from Landlord; it being intended that Landlord shall not be personally liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinjudgment or deficiency whatsoever.

Default by Landlord. Upon the breach by (a) Landlord shall be in default under this Lease if Landlord fails to perform any of its material obligations hereunder and said failure continues for a period of thirty (30) days after Tenant delivers written notice thereof to Landlord and each mortgagee who has a lien against any portion of the terms Property and conditions of this Lease, Tenant may terminate this Leasewhose name and address has been provided to Tenant, provided that if such failure cannot reasonably be cured within said thirty (i30) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breachday period. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable in default hereunder if the curative action is commenced within said thirty (30) day period and thereafter is diligently pursued until cured. In no event shall (i) Tenant claim a constructive or actual eviction or that the Demised Premises have become unsuitable hereunder, or (ii) a constructive or actual eviction or breach of the implied warranty of suitability be deemed to have occurred under this Lease, prior to the expiration of the notice and cure periods provided under this Section 17.4. (b) Tenant's sole and exclusive remedy for any damage caused thereby, nor shall default under this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of by Landlord to enforce any term hereof shall be deemed a waiverto pursue one of the following: (i) xxx for specific performance, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right or (ii) obtain injunctive relief. Notwithstanding anything to the full amount thereof. This contrary contained herein or inferred herefrom, Tenant hereby waives any and all rights it may have to terminate this Lease superseded on account of any other lease on the premises during the term stated hereinbreach by Landlord under this Lease, except as specifically provided in Sections 2.2(a) and 12.2.

Default by Landlord. Upon the breach by If Landlord fails to timely perform any of the terms and conditions of its obligations under this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request which failure continues for performance or cure of any such obligation or default and allow Landlord a period of fourteen more than fifteen (1415) days after receipt of written notice from Tenant specifying such notice to commence failure, or if such failure is of a nature that it cannot be cured within said fifteen (15) day period and continues beyond the time reasonably necessary to cure the breach. If performance or cure of the default (and Landlord has not been commenced or completed after cure within the initial fifteen (15) day cure period and thereafter diligently pursued cure to completion), then Landlord shall be in default under this Lease and Tenant, subject to the terms of SECTION 23 of this Lease, shall have the right to cure such default for and on behalf of Landlord and collect the reasonable costs of cure from Landlord, and if Landlord does not pay any such reasonable notice period, providing the nature costs of the default and the availability cure incurred by Tenant within thirty (30) days after receipt of materials, labor and utilities or other resources permit written demand for payment (together with backup reasonably required by Landlord to commence cure of the default during substantiating such reasonable notice periodcosts incurred), then Tenant may terminate offset such past due amounts against the next installments of Base Rent coming due hereunder. Notwithstanding anything to the contrary contained in this Lease by giving Landlord written notice of Tenant’s election to do soLease, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for deduct more than fifty percent (50%) of the Base Rent from any rent until possession is delivered. No failure monthly installment of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during Base Rent if there are sufficient months remaining in the term stated hereinof this Lease within which to fully recover the amount owed by Landlord (the "Maximum Offset Amount").

Default by Landlord. Upon the breach Landlord’s failure to perform or observe any of its obligations under this Lease shall constitute a default by Landlord under this Lease only if such failure shall continue for a period of thirty (30) days (or the additional time, if any, which is reasonably necessary to promptly and diligently cure the failure) after Landlord receives written notice from Tenant specifying the default. The notice shall give in reasonable detail the nature and extent of the terms failure and conditions shall identify the Lease provision(s) containing the obligation(s). If Landlord shall default in the performance of any of its obligations under this Lease (after notice and opportunity to cure as provided herein), Tenant may pursue any remedies available to it under the law and this Lease, except that in no event shall Landlord be liable for punitive damages, lost profits, business interruption, speculative, consequential or other such damages. Without limiting the foregoing, Tenant may terminate this Leasemay, provided that (i) all Rent at Tenant’s option, cure such breach or failure for Landlord’s account and other charges due and payable to Landlord have been any reasonable amount paid or incurred by Tenant to in so doing shall be deemed paid or incurred for Landlord; ’s account, and Landlord shall reimburse Tenant therefor within thirty (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (1430) days after receipt of copies of paid invoices detailing the work performed by Tenant; provided, however, Tenant may cure any such notice breach or failure as aforesaid prior to commence to cure the breach. If performance or cure expiration of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default thirty (30) day cure period if an Emergency exists and the availability immediate curing of materialssuch breach or failure is necessary to protect the Premises, labor and utilities property located therein, or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinpersons from imminent injury or damage.

Default by Landlord. Upon Landlord shall not be in default hereunder unless Landlord fails to perform any of its obligations hereunder within thirty (30) days after written notice from Tenant specifying such failure (unless such performance will, due to the breach by Landlord nature of the terms and conditions obligation, require a period of time in excess of thirty (30) days, then after such period of time as is reasonably necessary). All obligations of Landlord hereunder shall be construed as covenants, not conditions; and, except as may be otherwise expressly provided in this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver breach of Landlord’s right obligations hereunder. All obligations of Landlord under this Lease will be binding upon Landlord only during the period of its ownership of the Premises and not thereafter. The term “Landlord” in this Lease shall mean only the owner, for the time being of the Project, and in the event of the transfer by such owner of its interest in the Project, such owner shall thereupon be released and discharged from all obligations of Landlord thereafter accruing, but such obligations shall be binding during the Lease Term upon each new owner for the duration of such owner’s ownership. Any liability of Landlord under this Lease shall be limited solely to its interest in the full amount thereof. This Project, and in no event shall any personal liability be asserted against Landlord in connection with this Lease superseded nor shall any recourse be had to any other lease on the premises during the term stated hereinproperty or assets of Landlord.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, a. Landlord shall not be liable deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligations within thirty (30) days after written notice by Tenant to Landlord specifying wherein Landlord has failed to perform such obligation, provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for any damage caused therebyits performance, nor shall this Lease be void. Tenant then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion. In no event shall Landlord be liable to Tenant for loss of profits, business interruption, or consequential damages if Landlord performs its obligations within the time periods specified in this paragraph. b. Tenant agrees to give any rent until possession mortgage and/or trust deed holders, by Certified Mail, a copy of any notice of default served upon the Landlord, provided that prior to such notice Tenant has been notified in writing (by way of any notice of assignment of rents and leases, or otherwise) of the address of such mortgage and/or trust deed holder. Tenant further agrees that if Landlord shall have failed to cure such default within the time provided for in this Lease, then the mortgagees and/or trust deed holders shall have any additional thirty (30) days within which to cure such default, or if such defau lt cannot be cured within that time, then such additional time as may be necessary if within such thirty (30) days mortgagee and/or trust deed holder has commenced and is delivered. No failure diligently pursuing the remedies necessary to cure such default (including, but not limited to, commencement of Landlord foreclosure proceedings, if necessary to enforce any term hereof effect such cure), in which event this Lease shall not be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinterminated while remedies are being so diligently pursued.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or be considered in default and allow Landlord a period to have breached this Agreement if it fails to perform any of fourteen its obligations hereunder and such default is not cured within 30 (14thirty) days after receipt of such written notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice periodfrom Lessee; provided, providing however, that if the nature of the Landlord's default and the availability of materials, labor and utilities or other resources permit Landlord to commence is such that more than 30 (thirty) days are reasonably required for its cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be deemed to be in default if has taken actions to cure within such 30 (thirty) day period and thereafter diligently prosecute such cure to completion. If Landlord's default is not cured as set forth in this Clause, Lessee without prejudice of any other rights under this Agreement or the applicable laws, may rescind this Agreement without need of any judicial declaration to that effect, or may undertake the necessary actions to cure Landlord's default. In this last case, Landlord shall be liable for to reimburse any damage caused therebyexpenses incurred by Lessee, nor shall this Lease be voidincluding reasonable administrative and attorney's fees. Tenant Lessee may deduct such amounts from any of the monthly Rent payable hereunder. At Landlord's request Lessee must deliver copies of the invoices or expense receipts which evidence the amounts spent by Lessee. Waiver by Lessee to any of its rights or remedies hereunder shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed considered as a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on rights or remedies set forth in this Agreement. Lessee acknowledges and agrees that in no case Landlord's liability under this Clause shall exceed the premises during total amount of Rent for the term stated hereinset forth in Clause Second hereof.

Default by Landlord. Upon Landlord shall be in default in the breach performance of any obligation required to be performed by Landlord under this Lease if Landlord has failed to perform such obligation within thirty (30) days after the receipt of notice from Tenant specifying in detail Landlord’s failure to perform; provided, however, that if the nature of Landlord’s obligation is such that more than thirty (30) days are required for its performance, Landlord shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursues the same to completion. Tenant shall have no rights as a result of any default by Landlord until Tenant gives thirty (30) days notice to any person who has a recorded interest pertaining to the Building, specifying the nature of the terms default. Such person shall then have the right to cure such default, and conditions of this Lease, Tenant may terminate this Lease, provided that Landlord shall not be deemed in default if such person cures such default within thirty (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (1430) days after receipt of notice of the default, or within such notice to commence longer period of time as may reasonably be necessary to cure the breachdefault. If performance Tenant shall have no right to any deduction or cure offset of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord any kind nor any right to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease based upon an uncured default by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of in the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver performance of Landlord’s right obligations under this Lease; provided, however, that Tenant may seek to the full recover from Landlord an amount thereofrepresenting appropriate actual, compensatory damages for breach of contract based on any such uncured default by Landlord, but not otherwise. This Lease superseded Consistent with Section 18 below, in no event shall either party be permitted to recover consequential, punitive, or exemplary damages from Landlord based on any other lease on the premises during the term stated hereinsuch uncured default of Landlord, or otherwise.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of shall not be in default under this Lease, and Tenant may terminate shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, provided that (i) all Rent unless Landlord fails to perform any of its obligations hereunder and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request said failure continues for performance or cure of any such obligation or default and allow Landlord a period of fourteen thirty (1430) days after receipt Tenant gives Landlord and (provided that Tenant shall have been given the name and address of such Landlord's Mortgagee) Landlord's Mortgagee written notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such thereof specifying, with reasonable notice periodparticularity, providing the nature of Landlords failure. If, however, the default and failure cannot reasonably be cured within the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice thirty (30) day period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable in default hereunder if Landlord or Landlord's Mortgagee commences to cure the failure within the thirty (30} days and thereafter pursues the curing of same diligently to completion. If Tenant recovers a money judgment against Landlord for any damage caused therebyLandlord's default of its obligations hereunder or otherwise, nor the judgement shall this Lease be void. Tenant limited to Tenant's actual direct, but no consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Complex as the same may then be encumbered, and Landlord shall not otherwise be liable for any rent until possession is delivereddeficiency. No failure In no event shall Tenant have the right to levy execution against any property of Landlord other than its interest in the Complex. The foregoing shall not limit any right that Tenant might have to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver obtain specific performance of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated herein's obligations hereunder.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of Except as otherwise specifically provided in this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for deemed to be in default in the performance of any damage caused thereby, nor shall obligation under this Lease be void. unless and until it has failed to perform the obligation within thirty (30) days after written notice by Tenant to Landlord specifying in reasonable detail the nature and extent of the failure; provided, however, that if the nature of Landlord’s obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be liable deemed to be in default if it commences performance within the thirty (30) day period and thereafter diligently pursues the cure to completion. In the event of a default by Landlord beyond any applicable notice and cure period, Tenant shall have all rights and remedies at law and in equity. Furthermore, in the event Landlord defaults in the performance of any of its obligations under Section 7.1(a) of this Lease (collectively, “Landlord Repair Obligations”), Tenant, may elect to perform such obligations (“Tenant’s Self-Help Remedy”). In the event that Tenant properly elects Tenant’s Self-Help Remedy, Landlord shall reimburse Tenant for one hundred five percent (105%) of the third-party costs and expenses actually incurred and paid by Tenant to perform any rent until possession is delivered. No failure of Landlord Repair Obligations with respect to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of which Landlord has defaulted within ten (10) days after Landlord’s right receipt of a statement of such reasonable costs and expenses and paid receipts for such work and the completion of such work. Any work performed by Tenant pursuant to its election of Tenant’s Self-Help Remedy shall comply with all applicable requirements and standards relating to any repairs, replacements or additions to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinPremises set forth in this Lease.

Default by Landlord. Upon Subject to the breach provisions of Section 21.2, failure by Landlord to perform any of its obligations under this Lease shall constitute a default by Landlord if the terms and conditions of this Lease, Tenant may terminate this Lease, provided that failure is not cured within fifteen (i15) all Rent and other charges due and payable to Landlord have days after written notice thereof has been paid given by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice periodprovided, providing however, that if the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord Landlord's obligation is such that more than fifteen (15) days are required to commence cure of the default during such reasonable notice periodcure, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be in default if Landlord commences performance within such fifteen (15) day period and thereafter diligently prosecutes the same to completion. Notices given under this Section 24 shall specify the alleged default and the applicable Lease provisions, and shall demand that Landlord perform the provisions of this Lease within the 49 57 applicable period of time. If Landlord shall fail to cure a default of any covenant of this Lease to be performed by it and, as a consequence of such uncured default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied solely out of the proceeds of sale received upon execution of such judgment against the right, title and interest of Landlord in the building and its underlying realty and out of the rents, or other income from said property receivable by Landlord, or out of the consideration received by Landlord's right, title and interest in said property, but neither Landlord nor any partner or joint venture of Landlord shall be personally liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereindeficiency.

Default by Landlord. Upon (a) Landlord shall not be deemed to be in default in the breach by performance of any obligation required to be performed under this Lease unless and until Landlord has failed to perform such obligation within thirty (30) days after Tenant has given written notice to Landlord, specifying that Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord’s obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the terms and conditions same to completion. Further, nothing in this Paragraph shall prohibit Tenant from giving Landlord a shorter notice in the case of an emergency. Tenant has no rights to enforce, nor is Landlord obligated to enforce, any provision(s) contained in any lease of any other tenant in the Project/Building. (b) If Landlord is deemed or found to be in default of this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable Xxxxxx’s remedy for such default shall be limited to Landlord have been paid only those damages sustained by Tenant to as a direct result of Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do sodefault, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for entitled to terminate this Lease as a result thereof; provided, however, it is expressly understood and agreed that any rent until possession is delivered. No failure of Landlord to enforce money judgment resulting from any term hereof default or other claim arising under this Lease shall be deemed a waiversatisfied only out of net rents, nor shall acceptance issues, profits and other income, actually received by Landlord from the operation of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any Project/Building, and from no other lease on the premises during the term stated hereinsource.

Default by Landlord. Upon the breach by Landlord (a) Each of the terms following events will constitute a Landlord default: (i) Landlord's failure to observe or perform in all material respects any of its covenants or obligations hereunder, which failure continues for thirty (30) days after written notice by Tenant to Landlord specifying wherein Landlord has failed to perform such obligation, provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and conditions thereafter diligently prosecute the same to completion; (ii) The breach or material inaccuracy of any of Landlord's representations or warranties contained in this Lease; or (iii) Interference with or disturbance of Tenant's peaceful and quiet enjoyment of the Premises during the Term as provided in Section 42(e) of this Lease. (b) Provided Landlord provides Tenant with current addresses, Tenant agrees to give any mortgagee and/or trust deed holders, by registered mail, a copy of any Notice of Default served upon the Landlord, provided that prior to such notice Tenant has been notified in writing (by way of Notice of Assignment of Rents and Leases, or otherwise) of the address of such mortgagee and/or trust deed holder (c) Subject to the provisions of this Lease, Tenant may terminate this Leaseupon a Landlord default, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default be entitled to pursue available legal and allow equitable remedies. In no event shall Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable to Tenant for any damage caused therebyloss of profits, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiverbusiness interruption, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinor consequential damages.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall in default under this Lease be void. unless Landlord fails to perform obligations required of Landlord within thirty (30) days after written notice by Tenant to Landlord and to the holder of any mortgage or deed of trust encumbering the Project whose name and address shall have theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord’s obligation is such that more than thirty (30) days are required for its cure, then Landlord shall not be liable for any rent until possession is deliveredin default if Landlord commences performance within such thirty (30) day period and thereafter diligently pursues the same to completion. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s Tenant hereby waives its right to the full amount thereofrecover consequential damages (including, but not limited to, lost profits) or punitive damages arising out of a Landlord default. This Lease superseded and the obligations of Tenant hereunder shall not be affected or impaired because Landlord is unable to fulfill any other lease on of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of a Force Majeure Event, and the premises during time for Landlord’s performance shall be extended for the term stated hereinperiod of any such delay. Any claim, demand, right or defense by Tenant that arises out of this Lease or the negotiations which preceded this Lease shall be barred unless Tenant commences an action thereon, or interposes a defense by reason thereof, within one (1) year after the date of the inaction, omission, event or action that gave rise to such claim, demand, right or defense.

Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to Landlord and any mortgagee whose name and address has been provided to Tenant in writing ("Mortgagee"); provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such 30-day period and thereafter diligently prosecutes the same to completion. Any mortgagee may also cure such default within the above time period. If Landlord fails to cure any such default within the allotted time, Tenant may, with reasonable written notice, undertake cure of such default itself and Landlord shall pay the reasonable cost thereof on demand. Provided, however, if Landlord fails to provide power at the minimum amperage required by this Lease by the date set forth in Exhibit C, Section I, Landlord will be in default immediately without notice from Tenant and without the passage of any time period. Upon the breach failure to provide the minimum amperage required by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable Lease by written notice to Landlord have been paid by within a five (5) day period following the date power was to be supplied. Failure of Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice shall be a waiver of Tenant’s election to do sosuch right, and Landlord shall thereupon refund Tenant’s Security Depositthe right to terminate this Lease, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable subject to deliver possession of the premises at the commencement of hereof, Landlord power requirement shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinvalid.

Default by Landlord. Upon Landlord shall be in default under this Lease if Landlord fails to perform any of its obligations hereunder and such failure continues for a period of thirty (30) days after Tenant delivers written notice of such failure to Landlord and to the breach holder(s) of any indebtedness or other obligations secured by Landlord any mortgage or deed of trust affecting the terms Premises, the name and conditions address of this Lease, which have been provided to Tenant may terminate this Leasein writing, provided that if such failure cannot reasonably be cured within such thirty (i30) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice day period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be in default hereunder as long as Landlord or such holder(s) commences the remedying of such failure within such thirty-day period and diligently prosecutes the same to completion, during which time Landlord and such holder(s), or either of them, or their agents or employees, shall be entitled to enter upon the Premises and do whatever may be necessary to remedy such failure. In no event shall Landlord be liable to Tenant for consequential, special or punitive damages by reason of a failure to perform (or a default) by Landlord under this Lease. If Landlord shall default beyond applicable grace and notice periods in the performance of any damage caused therebyterm, nor shall this Lease covenant, condition or agreement on Landlord's part to be voidperformed hereunder and such default materially adversely affects the condition of the Premises or the ability of Tenant to perform its business therein, then, provided such performance does not affect the Building structure, the Building systems or any other tenant of the Building, Tenant may perform the same for the account and at the sole cost and expense of Landlord, on twenty-four (24) hours' prior notice to Landlord if an emergency exists, or, if no (a) Landlord fails to pay to Tenant any amounts expended by Tenant to cure Landlord's default (as provided in the previous sentence), (b) Tenant obtains a final non-appealable judgment against Landlord in a court of law relating to such default and (c) such final judgment is not satisfied within thirty (30) days after the rendering of such judgment or otherwise in accordance with the terms, then Tenant may offset the amount of such final judgment against the Base Rental due hereunder. In the event of an emergency, Tenant shall not be liable for give Landlord prompt notice of any rent until possession is delivered. No failure of Landlord action taken by Tenant pursuant to enforce any term hereof this Section and shall incur only such costs and expenses as are necessary to meet the emergency; no additional costs or expenses shall be deemed a waiverincurred which are not necessary to meet the emergency until Tenant shall have given Landlord thirty (30) days' prior written notice of default and Lender sixty (60) days' prior written notice of default, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinand as herein above provided in this Section.

Default by Landlord. Upon the breach If Landlord fails to perform any agreement by Landlord to be performed hereunder within a reasonable time after written notice from Tenant requesting performance of the terms same, and conditions said failure continues for ten (10) days after a second written notice from Tenant, notifying Landlord of this Lease, Tenant may Tenant's intent to terminate this Lease, provided that as a result of said failure, Tenant may treat this Lease as terminated and may vacate the leased Premises. All rent shall be prorated as of a date ten (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (1410) days after receipt of such the date on which said second notice was given. Tenant shall have no right to commence abate or to cure the breachoffset against rents not xxxxxssly provided for herein. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be personally liable for any damage caused therebynon-performance or default by Landlord hereunder, nor shall this Lease be void. Tenant shall not be liable for and any rent until possession is delivered. No failure obligation of Landlord to enforce pay money or other consideration to Tenant of any term hereof kind shall be deemed a waiversatisfied solely from Landlord's estate and interest in the Leased premises and the Building, nor or the proceeds thereof, and Tenant covenants and agrees that it will look solely to said estate and interest for the satisfaction of any right or remedy which it may have for the collection of money or other consideration from Landlord, by judicial process or otherwise, and that no other property of Landlord or of its principals, disclosed or undisclosed, shall acceptance be subject to levy, execution, judgment or other enforcement procedures for the satisfaction of partial payment be deemed a waiver of Landlord’s right Tenant's claims hereunder or with respect hereto or to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinLeased Premises.

Default by Landlord. Upon Landlord shall not be in default hereunder unless: (a) Landlord shall fail to pay when due any amount required pursuant to this Lease and the breach by continuation of such failure for five (5) Business Days following Tenant’s written notice thereof to Landlord; or (b) Landlord of the terms and conditions shall fail to comply with any term, provision or covenant of this Lease, and the failure is not cured within thirty (30) days after written notice to Landlord; provided, however, that no default shall occur if the failure is not susceptible to cure within thirty (30) days so long as Landlord promptly commences the cure within such thirty (30) day period and diligently and continuously pursues it to completion as soon as reasonably possible. If Landlord has not completed, or caused to be completed, the construction of the Tenant may terminate Work by within thirty (30) full calendar months after the Work Date due to Landlord Delay (as such term is to be defined in Exhibit B, along with the term Tenant Delay), then such failure shall not be a default by Landlord under the terms of this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) however, Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice thereafter have the right to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may immediately terminate this Lease by giving Landlord delivery of written notice of Tenant’s election to do soLandlord at any time prior to the Substantial Completion Date and if Tenant exercises this right, and then Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with promptly return all sums Tenant has paid to Landlord pursuant to the terms of Exhibit B to the extent not otherwise previously reimbursed to Tenant by Landlord or any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereincontractors or construction managers.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall in default under this Lease be void. unless Landlord fails to perform obligations required of Landlord within thirty (30) days after written notice by Tenant to Landlord and to the holder of any mortgage or deed of trust encumbering the Project whose name and address shall have theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord’s obligation is such that more than thirty (30) days are required for its cure, then Landlord shall not be liable for any rent until possession is deliveredin default if Landlord commences performance within such thirty (30) day period and thereafter diligently pursues the same to completion. No failure of Landlord In no event shall Tenant have the right to enforce any term hereof shall be deemed terminate this Lease as a waiver, nor shall acceptance of partial payment be deemed a waiver result of Landlord’s default, and Tenant’s remedies shall be limited to damages and/or an injunction. Tenant hereby waives its right to the full amount thereofrecover consequential damages (including, but not limited to, lost profits) or punitive damages arising out of a Landlord default. This Lease superseded and the obligations of Tenant hereunder shall not be affected or impaired because Landlord is unable to fulfill any other lease on of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of a Force Majeure Event, and the premises during time for Landlord’s performance shall be extended for the term stated hereinperiod of any such delay.

Default by Landlord. Upon the breach by Landlord shall not be in default unless Landlord fails to perform obligations required of the terms and conditions of this LeaseLandlord within a reasonable time, Tenant may terminate this Lease, provided that but in no event later than thirty (i30) all Rent and other charges due and payable to Landlord have been paid days after written notice by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice periodprovided, providing however, that if the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during Landlord's obligation is such reasonable notice period, that more than thirty (30) days are required for performance then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable in default if Landlord commences performance within such 30-day period and thereafter diligently prosecutes the same to completion. If Landlord fails to cure any such default within the allotted time, Tenant, at its option, with or without further notice or demand of any kind to Landlord or any other person, shall have the right to any one or more of the following described remedies in addition to all other rights and remedies provided at law or in equity or elsewhere herein: (i) to remedy such default or breach and deduct the costs thereof (including but not limited to attorneys fees) from the installments of Rent next falling due; (ii) to pursue the remedy of specific performance; (iii) to seek money damages for loss arising from Landlord's failure to discharge its obligations under this Lease; and (iv) to terminate this Lease. Nothing herein contained shall relieve Landlord from its duty to effect the repair, replacement, correction or maintenance required to restore the affected services or utilities, or to perform of any damage caused therebyother obligations to the standard prescribed in this Lease, nor shall this Lease Section be voidconstrued to obligate Tenant to undertake any such work. Notwithstanding the foregoing 30-day grace period, Tenant shall not be liable for may cure any rent until possession is delivered. No default without notice where the failure promptly to cure such default would, in the reasonable opinion of Landlord Tenant, create or allow to enforce any term hereof shall be deemed a waiver, nor shall acceptance persist an emergency condition or materially and adversely affect the operation of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease Tenant's business on the premises during the term stated hereinPremises.

Default by Landlord. Upon If Landlord defaults in the breach by Landlord performance or observance of the terms and conditions any of its covenants or obligations set forth in this Lease, Tenant may terminate this Leaseshall give Landlord notice specifying in what manner Landlord has defaulted. If the default shall not be cured by Landlord thirty (30) days after the delivery of such notice, except that if the default cannot be cured within said thirty (30)-day period, said period shall be extended for a reasonable additional period of time, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence commences to cure the breachdefault within the initial 30 day period and proceeds diligently thereafter to effect such cure, Tenant may declare an event of default. If performance Landlord has not commenced the subject repairs within five (5) days thereafter, or cure if an emergency arises, Tenant may, at its option, undertake to perform such repairs. Landlord agrees to reimburse Tenant up to Ten Thousand Dollars ($10,000.00) for the reasonable cost thereof promptly upon the receipt from Tenant of a detailed xxxx or statement for such costs. If the cost of the default has not been commenced or completed after such reasonable notice periodrepairs undertaken by Tenant pursuant to this Section 17.4 exceeds Ten Thousand Dollars ($10,000.00), providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice not deduct the excess cost thereof from rent, but shall be entitled to collect the same from Landlord, provided it is ultimately agreed and/or determined in a court of Tenantlaw that the work was required, was Landlord’s election to do soobligation, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of that the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereincost thereof was appropriate.

Default by Landlord. Upon the breach by It shall be an event of default under this Lease if Landlord of the terms and conditions of fails to perform any material term or condition under this Lease, Tenant may terminate this Lease, provided that Lease within thirty (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (1430) days after receipt of written notice from Tenant specifying the failure, provided, however, that if such notice failure is of such a nature that Landlord cannot reasonably remedy the same within such thirty (30) day period, no such failure will be deemed to commence exist if Landlord commences to cure the breachdefault within such thirty (30) day period and thereafter prosecutes the same to completion with reasonable diligence (but in no event later than sixty (60) days from the date the notice is received from Tenant unless otherwise agreed upon in writing). If performance or cure of In the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then event that Tenant may terminate terminates this Lease by giving because of Landlord’s default hereunder, Xxxxxx’s obligation to pay any further Rent shall cease and Landlord written notice shall repay Tenant the Security Deposit, and Tenant shall have the right to pursue any and all remedies available to it at law and/or equity. Xxxxxxxx agrees to reimburse Tenant for all costs associated with the enforcement of Tenant’s election rights under this Lease, or any and all provisions therein, including but not limited to do soall legal and court costs. Without limiting any of Tenant’s rights and remedies hereunder, and in addition to all other amounts Landlord is otherwise obligated to pay, it is expressly agreed that Tenant shall thereupon refund Tenant’s Security Depositbe entitled to recover from Landlord all costs and expenses, less proper chargesincluding reasonable attorneys’ fees, together with any unearned portion of any Rent pre-paid incurred by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall Tenant in enforcing this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of from and after Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereindefault.

Default by Landlord. Upon Landlord shall be in default in the breach performance of any obligation required to be performed by Landlord under this Lease if Landlord has failed to perform such obligation within thirty (30) days after the receipt of notice from Tenant specifying in reasonable detail Landlord’s failure to perform; provided, however, that if the nature of Landlord’s obligation is such that more than thirty (30) days are required for its performance, Landlord shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursues the same to completion. Tenant shall have no rights as a result of any default by Landlord until Tenant gives thirty (30) days’ notice to any person who has a recorded interest pertaining to the Building and notice of said interest has been provided to Tenant, specifying the nature of the terms default. Such person shall then have the right to cure such default, and conditions of this Lease, Tenant may terminate this Lease, provided that Landlord shall not be deemed in default if such person cures such default within thirty (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (1430) days after receipt of notice of the default, or within such notice to commence longer period of time as may reasonably be necessary to cure the breachdefault if it shall commence actions to permit it to commence performance within thirty (30) days and thereafter diligently pursue the same to completion. If performance Notwithstanding anything to the contrary in the Lease, Landlord’s liability to Tenant for damages resulting from Landlord’s breach of any provision or cure provisions of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver exceed the value of Landlord’s equity interest in the Building and its right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereininsurance proceeds and condemnation awards.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall in default under this Lease be void. unless Landlord fails to perform obligations required of Landlord within thirty (30) days after written notice by Tenant to Landlord and to the holder of any mortgage or deed of trust encumbering the Project whose name and address shall have theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its cure, then Landlord shall not be liable for any rent until possession is deliveredin default if Landlord commences performance within such thirty (30) day period and thereafter diligently pursues the same to completion. No failure In no event shall Tenant have the right to terminate this Lease as a result of Landlord to enforce any term hereof Landlord's default, and Txxxxx's remedies shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s limited to damages and/or an injunction. Tenant hereby waives its right to the full amount thereofrecover consequential damages (including, but not limited to, lost profits) or punitive damages arising out of a Landlord default. This Lease superseded and the obligations of Tenant hereunder shall not be affected or impaired because Landlord is unable to fulfill any other lease on of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of a Force Majeure Event, and the premises during time for Landlord's performance shall be extended for the term stated hereinperiod of any such delay. Any claim, demand, right or defense by Tenant that arises out of this Lease or the negotiations which preceded this Lease shall be barred unless Txxxxx commences an action thereon, or interposes a defense by reason thereof, within six (6) months after the date of the inaction, omission, event or action that gave rise to such claim, demand, right or defense.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of shall not be in default under this Lease, and Tenant may terminate shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, provided that (i) all Rent unless Landlord fails to perform any of its obligations hereunder and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request said failure continues for performance or cure of any such obligation or default and allow Landlord a period of fourteen thirty (1430) days after receipt Tenant gives Landlord and (provided that Tenant shall have been giving the name and address of such Landlord's Mortgagee) Landlord's Mortgagee written notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such thereof specifying, with reasonable notice periodparticularity, providing the nature of Landlord's failure. If, however, the default and failure cannot reasonably be cured within the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice thirty (30) day period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable in default hereunder if Landlord or Landlord's Mortgagee commences to cure the failure within the thirty (30) days and thereafter pursues the curing of same diligently to completion. If Tenant recovers a money judgement against Landlord for any damage caused therebyLandlord's default of its obligations hereunder or otherwise, nor the judgement shall this Lease be void. Tenant limited to Tenant's actual direct, but no consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Complex as the same may then be encumbered, and Landlord shall not otherwise be liable for any rent until possession is delivereddeficiency. No failure In no event shall Tenant have the right to levy execution against any property of Landlord other than its interest in the Complex. The foregoing shall not limit any right that Tenant might have to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver obtain specific performance of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated herein's obligations hereunder.

Default by Landlord. Upon If Landlord fails to perform any of its obligations under this Lease and does not cure such failure within 30 days after written notice (or such longer period as is reasonably required as provided in the breach by Landlord of the terms and conditions of this Leasefollowing sentence), Tenant may terminate but shall not be obligated to perform any obligation of Landlord under this Lease; and, if Tenant so elects, all reasonable costs and expenses actually paid by Tenant in performing such obligation, together with interest at the Default Rate, shall be reimbursed by Landlord to Tenant on demand, accompanied by a Form W-9, original notarized lien waivers from all contractors for the work, copies of all contracts for the work, and copies of all payments for the work made by Tenant. In the event that Landlord fails to reimburse such reasonable costs and expenses within thirty (30) days following Tenant’s written demand and receipt of such documentation, Tenant shall be entitled to receive an abatement of Rent in the amount of such costs and expenses. If the default is of a nature that cannot reasonably be cured within 30 days, the Landlord shall have such time as is reasonably necessary to cure the default provided that Landlord commenced its efforts to cure within the initial thirty (30) day period and continues to diligently pursue such cure thereafter (but in no event shall such time exceed 180 days). Any and all remedies set forth in this Lease: (i) shall be in addition to any and all Rent and other charges due and payable to Landlord remedies Tenant may have been paid by Tenant to Landlord; and at law or in equity, (ii) shall be cumulative, and (iii) may be pursued successively or concurrently as Tenant shall make written request for performance or cure may elect. The exercise of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease remedy by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure deemed an election of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded remedies or preclude Tenant from exercising any other lease on remedies in the premises during the term stated hereinfuture.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (ia) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligations within thirty (30) days after written notice by Tenant to Landlord specifying wherein Landlord has failed to perform such obligation, provided, however, that if the nature of Landlord’s obligation is such that more than thirty (30) days are required for any damage caused therebyits performance, nor shall this Lease be void. Tenant then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion. In no event shall Landlord be liable to Tenant for loss of profits, business interruption, or consequential damages if Landlord performs its obligations within the time periods specified in this paragraph. (b) Xxxxxx agrees to give any rent until possession mortgagee and/or trust deed holders, by registered mail, a copy of any Notice of Default served upon the Landlord, provided that prior to such notice Tenant has been notified in writing (by way of Notice of Assignment of Rents and Leases, or otherwise) of the address of such mortgagee and/or trust deed holder. Tenant further agrees that if Landlord shall have failed to cure such default within the time provided for in this Lease, then the mortgagees and/or trust deed holders shall have an additional thirty (30) days within which to cure such default, or if such default cannot be cured within that time, then such additional time as may be necessary if within thirty (30) days mortgagee and/or trust deed holder has commenced and is delivered. No failure diligently pursuing the remedies necessary to cure such default (including, but not limited to, commencement of Landlord foreclosure proceedings, if necessary to enforce any term hereof effect such cure), in which event this Lease shall not be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinterminated while remedies are being so diligently pursued.

Default by Landlord. Upon the breach by Landlord Landlord's failure to perform any of the terms and conditions terms, covenants, conditions, agreements, or provisions of this LeaseLease required to be done by Landlord, Tenant may terminate this Lease, provided that within thirty (i30) all Rent and other charges due and payable to Landlord have been paid days after written notice by Tenant to Landlord; and Landlord of said failure shall be deemed a default by Landlord (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing except that when the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during Landlord's obligation is such reasonable notice periodthat more than thirty (30) days are reasonably required for its performance, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be deemed in default if it commences performance within the thirty (30) day period and thereafter diligently pursues the cure to completion). In no event shall Tenant have the right to terminate this Lease as a result of Landlord's default unless Tenant is unable to operate its business in the Premises for a period of thirty (30) consecutive days as a result of Landlord's default. In no event shall Landlord be liable for any damage caused therebyconsequential damages, nor shall this Lease Tenant be voidentitled to deduct any sums from Rents. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof Tenant's remedies shall be deemed limited to: (i) an action at law for costs incurred by Tenant to correct a waiverLandlord default, nor (ii) an injunction or restraining order to stop or prevent Landlord from violating Tenant's rights under this Lease, or (iii) an action at law to terminate this Lease. Nothing herein contained shall acceptance be interpreted to mean that Landlord excuses Tenant from the payment of partial payment be deemed Rent due hereunder as a waiver result of any default by Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated herein.

Default by Landlord. Upon Landlord shall not be deemed to be in default in the breach performance of any obligation required by Landlord of the terms and conditions of it under this Lease, Tenant may terminate this Leaseor under any agreement executed in connection herewith, provided that (i) all Rent unless and other charges due and payable until it has failed to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any perform such obligation or default and allow Landlord a period of fourteen within thirty (1430) days after receipt of written notice by Tenant to Landlord, specifying wherein Landlord has failed to perform such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice periodobligation; provided, providing however, that if the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during Landlord’s obligation is such reasonable notice periodthat more than thirty (30) days are required for its performance, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion. Nothing in this Article 19 shall be interpreted to mean that Tenant shall have the right to terminate this Lease be voidor that Tenant is excused from paying any Rent due hereunder. Notwithstanding the foregoing, in the event Landlord fails to comply with the terms of Article 7 of this Lease after thirty (30) days’ notice from Tenant, then Tenant shall not be liable for any rent until possession is delivered. No failure of have the right, after delivering a second notice to Landlord to enforce any term hereof shall be deemed a waiverand Landlord’s failure, nor shall acceptance of partial payment be deemed a waiver within five (5) days of Landlord’s receipt of the second notice, to commence to perform any such maintenance or repair items for which Landlord is expressly obligated to perform in the Premises, and to prosecute such maintenance or repair to completion. In such event, Landlord shall reimburse Tenant, within ten (10) business days of a xxxx therefor, for the actual out of pocket costs incurred by Tenant in performing any such maintenance or repair. If, in connection with the foregoing, Landlord fails to timely reimburse Tenant, Tenant shall have the right to deduct and offset such amounts owed by Landlord against the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinRent due under this Lease.

Default by Landlord. Upon If Landlord fails to observe or perform any term or condition required to be observed or performed by it under this Lease which failure materially, adversely affects Tenant’s use and occupancy of or access to the breach by Premises, and Landlord does not cure such failure within thirty (30) days (or within a reasonable time thereafter if necessary under the circumstances so long as Landlord is diligent in its prosecution of the terms cure of such failure) after receipt of written notice from Tenant specifying such failure and conditions requesting that it be remedied, then, subject to the provisions of this Section 49 of the Lease, Tenant may shall be entitled, at its election, to exercise concurrently or successively, any one or more of the rights available in law or in equity under the laws of the United States or the State of Florida. Notwithstanding the foregoing to the contrary and except as set forth below, Tenant shall have no right, and hereby expressly waives any right to, perform any work on behalf of Landlord or otherwise exercise “self help” and any right to deduct or withhold any amounts from any rentals due hereunder. Tenant acknowledges and agrees that all of its covenants and obligations, contained herein are independent of Landlord’s covenants and obligations contained herein. Tenant shall neither be relieved from the performance of its covenants and obligations (including, without limitation, the obligation to pay Rent) nor entitled to terminate this Lease, provided that (i) all Rent and other charges due and payable to a breach or default by Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation of its obligations or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice periodcovenants, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right unless expressly permitted to the full amount thereof. This Lease superseded any other lease on contrary by the premises during the term stated hereinterms of this Lease.