Common use of Default by Lessee Clause in Contracts

Default by Lessee. If Lessee fails to make payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by law.

Default by Lessee. If the Lessee fails to make payment pay the rent when due or defaults in the performance of the agreements, conditions, covenants or terms contained herein, then the Lessor may enforce performance of this lease in any Monthly Rental within five of the modes provided by law; and this lease may be forfeited at Lessor's option if such default continues for a period of ten (10) days of delivery by after the Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor notifies the Lessee of such default and of its intention to declare the lease forfeited; and thereafter (unless the Lessee shall have completely removed or cured said default) this lease shall cease and come to an end as if that were the day originally fixed herein for the expiration of the term; and the Lessor, then a “Lessee Event of Default” shall exist and Lessor its agent, attorney or those claiming under it, shall have the following remediesright, which shall be cumulative rather than exclusive: (a) without further notice or demand, to re-enter and remove all persons and all of the right Lessee's property therefrom without being deemed guilty in any manner of trespass and without prejudice to terminate this Agreementany remedies for arrears of rent or breach of covenant. If any of the events described in the preceding paragraph should occur and Lessor resumes possession of the premises, then Lessor may re-lease the premises for the remainder of the term at the best rent the Lessor may obtain, and Lessee agrees that, notwithstanding the grant termination of this lease and possession regained by the Lease hereunderLessor, which termination right may be exercised by written notice by Lessee will indemnify the Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip against any and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) loss of rent which the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due may sustain during the remainder of the Term (assuming that term of the lease by reason of such termination. The Lessor has not terminated this Agreement shall have a statutory lessor's lien and in addition, Lessor is given an express lien as security for the Lease rent described herein upon all the chattels, implements, fixtures, furniture, tools, machinery, or other personal property which the Lessee now or at any time during the term of the lease may place upon the demised premises. If on account of any breach or default by the Lessee of any of Lessee's obligations contained herein it shall become necessary for the Lessor to employ an attorney to enforce or defend any of the Lessor's rights or remedies hereunder), (c) Lessor’s then Lessor shall be entitled to recover a reasonable and necessary attorneys’ fees and costs attorney's fee from the Lessee. In the event the Lessee should default in the performance of courtany agreement, (d) pre-judgment at covenant, condition or term contained herein, then Lessor may perform the lesser of 8% per annum or the maximum allowed by lawsame for Lessee's account, and (e) post-judgment any amount paid or any expense of liability incurred by Lessor in the performance of same shall be deemed additional rent payable by Lessee with interest at lesser ten (10%) percent from date of 10% per annum or the maximum allowed payment by lawLessor until repayment by Lessee.

Default by Lessee. If (a) In the event the Lessee shall at any time default in (i) the payment of any Fixed Rent or any other single rental payment of $50,000 or more, and such default continues for fifteen (15) days after notice from Lessor to Lessee or (ii) the performance of any of the Lessee's covenants, agreements or obligations hereunder, which default continues for forty-five (45) days after receipt of written notice thereof from Lessor by Lessee, or if such default is not reasonably susceptible of being cured by Lessee within such 45-day period, then if Lessee fails to commence with reasonable diligence and continuity to cure such default or breach and complete said cure within a reasonable time, or should the Lessee make payment a general assignment for the benefit of creditors or file or have filed against it a bankruptcy petition under the United States Bankruptcy Code, or if a receiver is appointed to take possession of a substantial portion of Lessee's assets or of any Monthly Rental portion of the Premises or the Improvements or of Lessee's leasehold interest, and such bankruptcy or receivership proceeding is not dismissed or permanently stayed within five sixty (60) days after the filing of delivery by Lessor of notice of any Monthly Rental that is past duesuch proceeding, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such defaultshould the Lessee abandon the Premises, then a “Lessee Event of Default” shall exist and the Lessor shall have the following remediesmay, which shall be cumulative rather than exclusivewith or without notice or demand: (ai) Terminate this Lease and declare the right to terminate term of this AgreementLease ended and in any manner permitted by law re-enter the Premises or any part thereof, and take possession thereof, and expel and remove therefrom the grant Lessee or any or all parties occupying the same, using such force as may be necessary to do so, and repossess and enjoy the same without prejudice to any remedies that might be otherwise used for arrears of rent or other breach hereof; and Lessor may recover the value at the time of such termination of the excess, if any, of the amount of rent reserved in this Lease hereunderfor the remainder of the term over the then reasonable rental value of the Land for the remainder of the term; or (ii) Without terminating this Lease and without declaring this Lease ended, which termination right may be exercised by written notice by Lessor to re-enter the Premises and take possession thereof, and re-let the whole or any part thereof for the account of Lessee, and collect said rent and apply it on the amount due from Lessee hereunder after deducting any expense of such reletting, the cost of removal of Lessee, reasonable attorney's fees, and cost of reasonable remodeling, and then or at any time or from time to time recover from Lessee the balance then due (which termination in the event of a re-letting shall be effective due from time to time as of the date of such notice;rent is due). Jd / P.S. --------------------- initials / initials (b) Lessor's remedies provided in this Lease shall be in addition to all other rights and remedies provided by law or equity, to which Lessor may resort cumulatively or in the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise;alternative. (c) No re-entering or taking possession of the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Premises by Lessor shall be construed as an election on Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right 's part to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or this Lease unless written notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all such election is given to Lessee or any part unless a termination is accomplished by operation of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event law or is declared by a court of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawcompetent jurisdiction.

Default by Lessee. If Lessee fails to make payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) If Lessee shall make default in making any payment herein provided for and any such default shall continue for a period of ten (10) business days after written notice to Lessee, or if Lessee shall make default in the right performance of any obligation of Lessee herein (other than as to payment of money) and any such default shall continue for a period of thirty (30) days after written notice to Lessee, or if Lessee shall file a voluntary petition in bankruptcy, or if Lessee shall file any petition or institute any proceedings under any Insolvency or Bankruptcy Act or any amendment thereto hereafter made, seeking to effect its reorganization or a composition with its creditors, or if, in any proceedings based on the insolvency of Lessee or relating to bankruptcy proceedings, a receiver or trustee shall be appointed for Lessee or the Leased Premises, or if any proceedings shall be commenced for the reorganization of Lessee (which, in the case of involuntary proceedings, are not dismissed or stayed within 30 days of the commencement thereof), or if the leasehold estate created hereby shall be taken on execution or by any process of law, or if Lessee shall admit in writing its inability to pay its obligations generally as they become due, then Lessor may, at its option, terminate this AgreementLease without notice, and declare all amounts due or to become due hereunder immediately due and payable, and Lessor's agents and servants may immediately, or any time thereafter, reenter the grant Leased Premises by reasonably necessary force, summary proceedings, or otherwise, and remove all persons and properly therein, without being liable to indictment, prosecution, or damage therefor, and Lessee hereby expressly waives the service of any notice in writing of intention to reenter said Leased Premises. Lessor may, in addition to any other remedy provided by law or permitted herein, at its option, relet the Leased Premises (or any part thereof) on behalf of Lessee, applying any monies collected first to the payment of expenses of resuming or obtaining possession, and, second, to the payment of the Lease costs of placing the premises in rentable condition, including any leasing commission, and, third, to the payment of rent due hereunder, which termination right may and any other damages due to the Lessor. Any surplus remaining thereafter shall be exercised by written notice by Lessor paid to Lessee, and Lessee shall remain liable for any deficiency in rental, the amount of which termination deficiency shall be effective as of the date of such notice;paid upon demand therefor to Lessor. (b) Should Lessor re-enter and terminate according to the right to immediately enter upon provisions of this subparagraph, Lessor may remove and repossess store the Designated Boat Slip Lessee's Property at the expense and all appurtenances theretofor the account of Lessee. Alternatively, by forcible entry and detainer suitLessor may sell, or otherwise; (c) cause to be sold, Lessee's Property at public sale to the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooringhighest bidder for cash, and to store Lessee’s Craft (and remove from the proceeds of such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past sale any rent or other payment then due Monthly Rental Lessor under this Agreement; (d) Lease. Any disposition of the right to make any required repairs Lessee's Property pursuant thereto shall be subject to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard any lender to the Designated Boat Slip Lessee holding a mortgage on Lessee's Property and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part made in a manner that is commercially reasonable within the meaning of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor as in effect in the Secured Property. In the event State of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment North Carolina at the lesser time of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawsuch disposition.

Default by Lessee. If All rights and remedies of Lessor herein enumerated shall be cumulative, and none shall exclude any other rights or remedies allowed by law. Lessee fails covenants and agrees that if: A. Lessee shall fail, neglect or refuse to make payment pay any installment of rent at the time and in the amount as herein provided, or to pay any other monies agreed by it to be paid promptly when and as the same shall become due and payable under the terms hereof, and if any such default should continue for a period of more than ten (10) days; or B. Any voluntary or involuntary petition or similar pleading under any section or sections of any Monthly Rental within five days of delivery bankruptcy act shall be filed by Lessor of notice of any Monthly Rental that is past dueor against Lessee, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which voluntary or involuntary proceeding in any court or tribunal shall be cumulative rather than exclusive: (a) the right instituted to terminate this Agreementdeclare Lessee insolvent or unable to pay Lessee's debts, and the grant same shall not be dismissed or discharged within thirty (30) days thereafter; or C. Lessee makes any assignment of its property for the benefit of creditors or should the Demised Premises be taken under a levy of execution or attachment in any action against Lessee and such levy, attachment or assignment is not dismissed or discharged within thirty (30) days: or D. Lessee shall cease business operations, abandon or vacate the Demised Premises or shall fail, neglect or refuse to keep and perform any of the Lease hereunderother covenants, which termination right may conditions, stipulations or agreements herein contained, covenanted and agreed to be exercised kept and performed by written notice by Lessor to Lesseeit, and which termination in the event any such default shall be effective as continue for a period of more than fifteen (15) days after notice thereof given in writing to Lessee by Lessor; provided, however, that if the date cause for giving such notice involves the making of repairs or other matters reasonably requiring a longer period of time than the period of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being Lessee shall be deemed to be including among the past due Monthly Rental under this Agreement; (d) the right have complied with such notice so long as it has commenced to make any required repairs comply with said notice or has taken and continues to the Designated Boat Slip, diligently pursue all proper steps or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights proceedings under the Texas Uniform Commercial Code circumstances to prevent the seizure, destruction, alteration or other interference with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether Demised Premises by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by law.reason of

Default by Lessee. If Lessee fails to make payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the The following remedies, which events shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults events of default by Lessee under this AgreementAgreement (each such event of default is hereinafter referred to as an "Event of Default"): A. Lessee shall fail to timely pay any monthly rental payment as referenced in paragraph 3 above or any other sum of money due hereunder and such failure shall continue for a period of ten days; B. Lessee shall fail to comply with any provision of this Agreement not requiring the payment of money, with all of which provisions shall be deemed material, and such sums expended being deemed failure shall continue for a period of twenty days after written notice of such default is delivered to Lessee; C. Lessee shall become insolvent or fail to pay its debts as they become due or Lessee notifies Lessor that it anticipates either condition; D. Lessee takes any action to file a petition under any section or chapter of the United States Bankruptcy Code or under any similar law or statute of the United States or any state thereof or a petition shall be filed against Lessee under any such statute or Lessee or any creditor of Lessee notifies Lessor that it knows such a petition will be filed or Lessee notifies Lessor that it expects such a petition to be included among filed; or E. A receiver or trustee shall be appointed for Lessee's leasehold interest in the past due Monthly Rental under this Agreement; (e) Premises or for all or a substantial part of Lessee's assets. Upon the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice occurrence of any kind Event of Default, Lessor may at its option and without terminating further notice to all other remedies given hereunder or by law or in equity, do any one or more of the following: (i) terminate this Agreement, in which event Lessee shall immediately surrender possession of the Premises to Lessor; (ii) enter upon the Premises and expel or remove Lessee's Equipment therefrom, with or without having terminated this Agreement; and (iii) change or re-key all locks to entrances to the Site and Lessor may, but shall be under have no obligation to, relet all to give Lessee notice thereof or to provide Lessee with a new key to the Site. The exercise by Lessor of any part one or more remedies hereunder shall not constitute an acceptance of the Designated Boat Slip for credit surrender of the Premises by Lessee. Lessee acknowledges that a surrender of the Premises can be effected only by a written agreement between Lessor and Lessee. If Lessor terminates this Agreement by reason of an Event of Default, Lessee shall pay to Lessee’s accountLessor the sum of (i) the cost of recovering the Premises; (ii) the unpaid monthly payments and all other indebtedness accrued hereunder to the date of such termination; (iii) to the extent the same were not paid, on such terms and conditions as the cost of repairing, altering or otherwise putting the Premises into a condition acceptable to a new tenant or tenants (if Lessor elects to so relet) (collectively, the "Reletting Expenses"); (iv) all expenses incurred by Lessor in its sole discretion shall deem appropriateenforcing Lessor's remedies, including attorneys' fees and court costs; and (fv) the right total monthly payments and other benefits which Lessor would have received under this Agreement for the remainder of the term, minus any net sums thereafter received by Lessor through reletting the Premises during such period; and (vi) any other damages or relief which Lessor may be entitled to exercise Lessor’s rights under at law or in equity. Lessee shall not be entitled to any excess rent obtained by reletting the Texas Uniform Commercial Code with regard Premises. If Lessor repossesses the Premises without terminating this Agreement by reason of an Event of Default, then Lessee shall pay to Lessor the sum of (i) the cost of recovering the Premises; (ii) the unpaid monthly payments and all other indebtedness accrued hereunder to the security interest granted to date of such repossession; (iii) the Reletting Expenses; (iv) all expenses incurred by Lessor in enforcing Lessor's remedies, including attorneys' fees and court costs; (v) the Secured Propertytotal monthly payments and other benefits which Lessor would have received under this Agreement for the remainder of the term, minus any net sums thereafter received by Lessor through reletting the Premises during such period; and (vi) any other damages or relief which Lessor may be entitled to at law or in equity. In Re-entry by Lessor will not affect the event obligations of Lessee for the unexpired term of this Agreement. Lessee shall not be entitled to any excess rent obtained by reletting the Premises. Actions to collect amounts due by Lessee may be brought on one or more occasions without the necessity of Lessor's waiting until the expiration of the term of this Agreement. Upon termination of this Agreement or repossession of the Premises due to an Event of Default, Lessor shall not be obligated to relet or attempt to relet the Premises or any portion thereof or to collect rent after reletting, but Lessor shall have the right option to recover from Lessee, whether by way of sale relet the whole or any portion of the Secured Property, or by means of execution Premises for any period to any tenant and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including for any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement use and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawpurpose.

Default by Lessee. 22.1: If Lessee fails to make payment LESSEE shall default in the performance of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past dueits obligation to pay the annual fixed rent, security deposit or rent arrearages pursuant to this document, or fails if LESSEE shall fail to cure any other such default under this Agreement within ten seven (7) days of delivery by Lessor after written notice from the LESSOR of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remediesor if, which shall be cumulative rather than exclusive: within thirty (a30) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by days after written notice by Lessor from the LESSOR to Lesseethe LESSEE specifying any other default or defaults, and which termination shall be effective as of LESSEE has not commenced diligently to correct the date of default or defaults so specified or has not thereafter diligently pursued such notice; correction to completion: or (b) if any assignment shall be made by LESSEE or any guarantor of LESSEE for the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, benefit of creditors; or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to if LESSEE’S leasehold interest shall be including among the past due Monthly Rental under this Agreement; taken on execution: or (d) the right to make if a petition is filed by LESSEE or any required repairs to the Designated Boat Slipguarantor of tenant for adjudication as a bankrupt , or to expend for reorganization or an arrangement under any other sums required to cure provisions of the Bankruptcy act as then in force and effect; or(e) if an involuntary petition under any defaults by Lessee under this Agreement, with all of the provisions of said bankruptcy act is filed against LESSEE or any guarantor of LESSEE and such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; involuntary petition is not dismissed within thirty (e30) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand days thereafter; or notice of any kind and without terminating this Agreement, in which event Lessor may, but (f) if LESSEE shall be under no obligation todeclared bankrupt or insolvent according to law; or (g) if a receiver, relet all trustee or assignee shall be appointed for the whole or any part of the Designated Boat Slip LESSEE s property and shall not be removed within thirty (30) days thereafter, then, and in any of such cases, LESSOR and the agents and servants of LESSOR lawfully may, in addition to and not in derogation of any remedies for credit any preceding breach of covenant, immediately or at any time thereafter and without demand or notice and with or without process of law (forcibly, if necessary) enter into and upon the Premises or any part thereof in the name of the whole or mail a notice of termination addressed to Lessee’s accountLESSEE at the premises, on and repossess the same as of LESSOR’S former estate and expel LESSEE and those claiming through or under LESSEE and remove its and their effects (forcibly, if necessary) without being deemed guilty of any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or prior breach covenant, and upon such terms and conditions entry or mailing as Lessor in its sole discretion aforesaid, this lease shall deem appropriate; and terminate, LESSEE hereby waiving all statutory rights (f) the right to exercise Lessor’s including without limitation rights under the Texas Uniform Commercial Code with regard of redemption, if any, to the security interest granted extent such rights may be lawfully waived) and LESSOR, with notice to Lessor LESSEE, may store LESSEE’S effects and those of any person claiming through or under LESSEE, at the expense and risk of the LESSEE, and, if LESSOR so elects, may sell such effects at public auction and apply the net proceed to the payment of all sums due to landlord from LESSEE, if any, and pay over balance to the LESSEE. 22.2: The LESSEE shall indemnify the LESSOR against all loss of rent and other payments which the LESSOR may incur by reason of such termination due to default by the LESSEE, during the residue of the term of this lease or any extension thereof. 22.3: If the LESSEE shall default in the Secured Property. In the event observance or performance of any Lessee Event conditions or covenants on LESSEE'S part to be observed or performed under or by virtue of Default, Lessor shall have the right to recover from Lessee, whether by way of sale any of the Secured Propertyprovisions of this lease, the LESSOR, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the expense of the LESSEE. If the LESSOR makes any expenditures or by means incurs any obligations for the payment of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due money in connection therewith, including, but not limited to, reasonable attorneys, fees in instituting, prosecuting or defending any action or proceedings, such sums paid or obligations incurred, with interest at the rate of twelve (b12) all Monthly Rental percent per annum and costs, shall be paid to come due during the remainder LESSOR by the LESSEE forthwith as additional rent. 22.4: Failure on the part of the Term (assuming LESSOR to complain of any action or non-action on the part of the LESSEE, no matter how long the same may continue, shall never be deemed to be waiver by the LESSOR of any of its rights hereunder. 22.5: No waiver at any time of any of the provisions hereof by the LESSOR shall be construed as a waiver of any of the other provisions hereof, and a waiver at any time of any of the provisions hereof shall not be construed as a waiver at any subsequent time of the same provisions. The consent or approval of the LESSOR to or of any action by the LESSEE requiring the LESSOR'S consent or approval shall not be deemed to waive or render unnecessary the LESSOR'S consent or approval to or of any subsequent similar act by the LESSEE. 22.6: No payment by the LESSEE or acceptance by LESSOR of a lesser amount than shall be due from LESSEE to LESSOR shall be treated otherwise than as a payment on account. The acceptance by the LESSOR of a check for a lesser amount with an endorsement or statement thereon, or upon any letter accompanying such check, that Lessor has not terminated this Agreement such lesser amount is payment in full shall be given no effect, and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at LESSOR may accept such check without prejudice to any other rights or remedies which LESSOR may have against the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawLESSEE.

Default by Lessee. If at any time subsequent to the date of this lease any one or more of the following events (herein referred to as a “Default of Lessee”) shall happen: (i) Lessee fails shall fail to make the due and punctual payment of the Base Rent payable hereunder and such failure shall continue for ten (10) business days after written notice thereof; (ii) Lessee shall fail to make the due and punctual payment of any Monthly Rental Additional Rent payable hereunder and such failure shall continue for ten (10) business days after written notice thereof; (iii) Lessee shall neglect or fail to perform or observe any other covenant herein contained on Lessee’s part to be performed or observed and Lessee shall fail to remedy the same within five thirty (30) calendar days after written notice to Lessee specifying such neglect or failure, or if such default of delivery Lessee is of such a nature that Lessee cannot reasonably remedy the same within a (30) day period, Lessee shall fail to commence promptly to remedy the same and to prosecute such remedy to completion with diligence and continuity and shall complete such remedy in no event later than (60) calendar days after said written notice to Lessee; or (iv) Lessee shall make an assignment for the benefit of creditors; or (v) Lessee’s leasehold interest in the Leased Premises shall be taken on execution or by other process of law; or (vi) Lessee shall file a voluntary petition in bankruptcy or shall be adjudicated bankrupt or insolvent, or shall file any petition or answer seeking any reorganization arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present of future federal, state of other statue, law or regulation for the relief of debtors, or shall seek the consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Lessee or of all of any substantial part its properties or shall admit in writing its inability to pay its debts generally as they become due; or (vii) a petition shall be filed against Lessee in bankruptcy or under any other law seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any present or future federal, state or other statue, law or regulation and shall remain undismissed or unstayed for an aggregate of sixty (60) days (whether or not consecutive), or if any debtor in possession (whether or not Lessee) trustee, receiver or liquidator of Lessee or of all or any substantial part of its properties or of the Leased Premises shall be appointed without the consent or acquiescence of Lessee and such appointment shall remain unvacated or unstayed for any aggregate on sixty (60) days (whether or not consecutive); or (viii) Lessor of has given Lessee written notice of default and Lessee is in fact in default in the full and timely payment of any Monthly Rental that is past due, sums payable hereunder on two or fails to cure any other more occasions within the immediately preceding 12 month period (whether or not such default under this Agreement within ten days of delivery by Lessor was cured following the giving of such defaultnotice); then in any such case (1) if such Default of Lessee shall occur prior to the Commencement Date, this lease shall, without further act on the part of Lessor, terminate, and (2) if such Default of Lessee shall occur after the Commencement Date, Lessor may terminate this lease by notice to Lessee and this lease shall come to an end on the date such notice is sent as fully and completely as if such date were the date herein originally fixed for the expiration of the Term of this lease, and Lessee will then quit and surrender the Leased Premises to Lessor, but Lessee shall remain liable as hereinafter provided. All costs and expenses incurred by or on behalf of Lessor (including, without limitation, reasonable attorneys’ fees and expenses) occasioned by any default of Lessee shall be paid by Lessee. If this lease shall have been terminated as provided in this Article 24 or if any execution or attachment shall be issued against Lessee or any of Lessee’s property whereupon the Leased Premises shall be taken or occupied by someone other than Lessee, then a “Lessor may, without notice, re-enter the Leased Premises, either by force, by summary proceedings, ejectment or otherwise, and remove and dispossess Lessee Event and all other persons and any and all property from the same, as if this lease had not been made. In the event of Default” such termination, Lessee shall exist pay the Base Rent, Additional Rent and Lessor other sums payable hereunder up to the time of such termination, and thereafter, Lessee until the end of what would have been the Term of the lease in the absence of such termination, and whether or not the Leased Premises shall have the following remedies, which been re-let shall be cumulative rather than exclusive:liable to Lessor for, and shall pay to Lessor, as liquidated current damages: LESS (ai) the right Base Rent, Additional Rent and other sums which would be payable hereunder if such termination had not occurred, (ii) the net proceeds, if any, of any reletting of the Leased Premises after deducting all expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, reasonable legal expenses, reasonable attorneys’ fees, expenses of employees, alteration costs and expenses of preparation of such reletting. Lessee shall pay such current damages to terminate Lessor monthly on the days on which the Rent would have payable hereunder if this Agreementlease has not been terminated, and the grant of Lessor shall be entitled to receive the Lease hereunder, which termination right may be exercised by written notice by Lessor to same from Lessee, on such day. In the case of any default by Lessee, re-entry, expiration and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, dispossession by forcible entry and detainer suit, summary proceeding or otherwise; , Lessor may (ci) re-let the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all Leased Premises or any part or parts thereof, either in the name of the Designated Boat Slip Lessor or otherwise, for credit a term or terms which may at Lessor’s option be equal to Lessee’s accountor less than or exceed the period which would otherwise have constituted the balance of the term of the lease (ii) may make such reasonable alterations, on such terms repairs and conditions decorations in the Leased Premises as Lessor in its sole discretion shall deem appropriatejudgment considers advisable and necessary for the purpose of reletting the Leased Premises; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder)making of such alterations, (c) repairs and decorations shall not operate or be construed to release Lessee from liability hereunder as aforesaid. Lessor’s reasonable and necessary attorneys’ fees and costs , despite making good faith efforts to re-let the Leased Premises, shall in no event be liable in any way whatsoever for failure to re-let the Leased Premises, provided, however, nothing in this article shall be construed to relieve Lessor of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed its obligation to mitigate damages as required by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by Massachusetts law.

Default by Lessee. If Lessee fails to make default shall be made in the payment of any Monthly Rental within five days of delivery sum to be paid by Lessor of notice Lessee under this Lease, and default shall continue for ten (10) days, or default shall be made in the performance of any Monthly Rental that of the other covenants or conditions which Lessee is past duerequired to observe and to perform, and such default shall continue for twenty (20) days, or fails to cure any other default if the interest of Lessee under this Agreement within ten days Lease shall be levied on under execution or other legal process, or if any petition shall be filed by or against Lessee to declare Lessee a bankrupt or to delay, reduce or modify Lessee’s debt or obligations, or if any petition shall be filed or other action taken to reorganize or modify Lessee’s capital structure if Lessee be a corporation or other entity, or if Lessee be declared insolvent according to law, or if any assignment of delivery by Lessor Lessee’s property shall be made for the benefit of such defaultcreditors, or if a receiver or trustee is appointed for Lessee or its property, or if Lessee shall abandon or vacate the Premises during the term of this lease or any renewals or extensions thereof, or if Lessee is a corporation and Lessee shall cease to exist as a corporation in good standing under the laws of the State of Texas or if Lessee is a partnership or other entity and shall be dissolved or otherwise liquidated, then Lessor may treat the occurrence of any one or more of the foregoing events as a “breach of this lease (provided that no such levy, execution, legal process or petition filed against Lessee Event shall constitute a breach of Default” this Lease if Lessee shall exist vigorously contest the same by appropriate proceedings and Lessor shall remove or vacate the same within thirty (30) days from the date of its creation, service or filing) and thereupon, at Lessor’s option, may have any one or more of the following remedies, which shall be cumulative rather than exclusivedescribed remedies in addition to all other rights and remedies available at law or in equity: (a) the right to Lessor may terminate this AgreementLease and forthwith repossess the Premises and be entitled to recover forthwith as damages a sum of money equal to the total of (i) the reasonable cost of recovering the Premises, and (ii) the grant unpaid rent earned at the time of termination, plus interest thereon at the maximum non-usurious rate per annum from the due date, (iii) the balance of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as rent for the remainder of the date term less the fair market rental value of such notice;the Premises for said period and (iv) any other sum of money and damages owed by Lessee to Lessor. (b) Lessor may terminate Lessee’s right of possession (but not the right to immediately enter upon lease) and may repossess the Designated Boat Slip and all appurtenances thereto, Premises by forcible entry and or detainer suit, suit or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind to Lessee and without terminating this Agreementlease, in which event Lessor may, but shall be under no obligation toto do so, relet all or any part the same for the account of the Designated Boat Slip Lessee for credit to Lessee’s account, on such rent and upon such terms and conditions as shall be satisfactory to Lessor. For the purpose of such reletting Lessor is authorized to decorate or to make any repairs, changes, alterations or additions in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard or to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, Premises that may be necessary or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by lawconvenient, and (ei) post-judgment if Lessor shall fail or refuse to relet the Premises, or (ii) if the same are relet and a sufficient sum shall not be realized from such reletting after paying the unpaid basic and additional rent due hereunder plus interest at lesser of 10% per annum or the maximum allowed non-usurious rate thereon, the cost of recovering possession, and all of the costs and expenses of such decorations, repairs, changes, alterations and additions and the expense of such reletting and of the collection of the rent accruing therefrom to satisfy the rent provided for in this lease to be paid, then Lessee shall pay to Lessor as damages a sum equal to the amount of the rental reserved in this lease for such period or periods, or if the Premises have been relet, the Lessee shall satisfy and pay any such deficiency upon demand therefor from time to time and Lessee agrees that Lessor may file suit to recover any sums falling due under the terms of Section 38(b) from time to time, and that no delivery to or recovery of any portion due Lessor hereunder shall be any defense in any action to recover any amount not theretofore reduced to judgment in favor of Lessor, nor shall such reletting be construed as an election on the part of Lessor to terminate this lease unless a written notice of such intention be given to Lessee by lawLessor. Notwithstanding any such reletting without termination, Lessor may at any time thereafter elect to terminate this Lease for such previous breach.

Default by Lessee. If Lessee fails to make payment 18.01 The occurrence of any Monthly Rental within five days one or more of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event the following events ("Events of Default” ") shall exist constitute a material default and Lessor shall have the following remedies, which shall be cumulative rather than exclusivebreach of this Lease by Lessee: (a) the right Unless cured within ten day period following due date, any failure by Lessee to terminate this Agreement, and the grant of the Lease pay any rental or any other sum required to be paid by Lessee hereunder, which termination right may as and when the same becomes due and payable. (b) Any failure by Lessee to observe and perform any other provision of this Lease to be exercised observed or performed by Lessee, where such failure continues for ten (10) days after written notice thereof by Lessor to Lessee; provided, and which termination shall be effective as of however, that if the date nature of such notice; default is such that it cannot reasonably be cured within such ten (b10) day period, Lessee shall not be deemed to be in default if Lessee shall within such period commence such cure and thereafter diligently prosecute the right same to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise;completion. (c) The making by Lessee of any general assignment or general arrangement for the right benefit of creditors; the filing by or against Lessee of a petition to remove have Lessee adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee’s Craft , the same is dismissed within ninety (90) days); the appointment of a trustee or receiver to take possession of substantially all of Lessee's interest in this Lease, where possession is not restored to Lessee within sixty (60) days; or the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Demised Premises or of Lessee's interest in this Lease, where such seizure is not discharged within forty-five (45) days. 18.02 Any notice given under this Article shall specify the Event of Default and any personal property then inside Lessee’s Craft from its mooringthe applicable lease provisions, and to store Lessee’s Craft (and shall demand that Lessee perform the provisions of this Lease, within the applicable period of time. No such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all deemed a forfeiture or any part a termination of this Lease provided Lessee cures the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) default within the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event applicable period of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawtime.

Default by Lessee. If Lessee fails to make payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the The following remedies, which events shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults events of default by Lessee under this AgreementAgreement (each such event of default is hereinafter referred to as an "Event of Default"): A. Lessee shall fail to timely pay any monthly rental payment as referenced in paragraph 3 above or any other sum of money due hereunder and such failure shall continue for a period of ten days after written notice of such default is delivered to Lessee; B. Lessee shall fail to comply with any provision of this Agreement not requiring the payment of money, with all of which provisions shall be deemed material, and such sums expended being deemed failure shall continue for a period of twenty days after written notice of such default is delivered to Lessee; C. Lessee shall become insolvent or fail to pay its debts as they become due or Lessee notifies Lessor that it anticipates either condition; D. Lessee takes any action to file a petition under any section or chapter of the United States Bankruptcy Code or under any similar law or site of the United States or any state thereof or a petition shall be filed against Lessee under any such statute or Lessee or any creditor of Lessee notifies Lessor that it knows such a petition will be filed or Lessee notifies Lessor that it expects such a petition to be included among filed; or E. A receiver or trustee shall be appointed for Lessee's leasehold interest in the past due Monthly Rental under this Agreement; (e) Premises or for all or a substantial part of Lessee's assets. Upon the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice occurrence of any kind Event of Default, Lessor may at its option and without terminating further notice to Lessee and in addition to all other remedies given hereunder or by law or in equity, do any one or more of the following: (i) terminate this Agreement, in which event Lessee shall immediately surrender possession of the Premises to Lessor; (ii) enter upon the Premises and expel or remove Lessee's Equipment therefrom, with or without having terminated this Agreement; and (iii) change or re-key all locks to entrances to the Site and Lessor may, but shall be under have no obligation to, relet all to give Lessee notice thereof or to provide Lessee with a new key to the Site. The exercise by Lessor of any part one or more remedies hereunder shall not constitute an acceptance of the Designated Boat Slip for credit surrender of the Premises by Lessee. Lessee acknowledges that a surrender of the Premises can be effected only by a written agreement between Lessor and Lessee. If Lessor terminates this Agreement by reason of an Event of Default, Lessee shall pay to Lessee’s accountLessor the sum of (i) the cost of recovering the Premises; (ii) the unpaid monthly payments and all other indebtedness accrued hereunder to the date of such termination; (iii) to the extent the same were not paid, on such terms and conditions as the cost of repairing, altering or otherwise putting the Premises into a condition acceptable to a new tenant or tenants (if Lessor elects to so relet) (collectively, the "Reletting Expenses"); (iv) all expenses incurred by Lessor in its sole discretion shall deem appropriateenforcing Lessor's remedies, including attorneys' fees and court costs; and (fv) the right total monthly payments and other benefits which Lessor would have received under this Agreement for the remainder of the term, minus any net sums thereafter received by Lessor through reletting the Premises during such period; and (vi) any other damages or relief which Lessor may be entitled to exercise Lessor’s rights under at law or in equity. Lessee shall not be entitled to any excess rent obtained by reletting the Texas Uniform Commercial Code with regard Premises. If Lessor repossesses the Premises without terminating this Agreement by reason of an Event of Default, then Lessee shall pay to Lessor the sum of (i) the cost of recovering the Premises; (ii) the unpaid monthly payments and all other indebtedness accrued hereunder to the security interest granted to date of such repossession; (iii) the Reletting Expenses; (iv) all expenses incurred by Lessor in enforcing Lessor's remedies, including attorneys' fees and court costs; (v) the Secured Propertytotal monthly payments and other benefits which Lessor would have received under this Agreement for the remainder of the term, minus any net sums thereafter received by Lessor through reletting the Premises during such period; and (vi) any other damages or relief which Lessor may be entitled to at law or in equity. In Re-entry by Lessor or will not affect the event obligations of Lessee for the unexpired term of this Agreement. Lessee shall not be entitled to any excess rent obtained by reletting the Premises. Actions to collect amounts due by Lessee may be brought on one or more occasions without the necessity of Lessor's waiting until the expiration of the term of this Agreement. Upon termination of this Agreement or repossession of the Premises due to an Event of Default, Lessor shall not be obligated to relet or attempt to relet the Premises or any portion thereof or to collect rent after reletting, but Lessor shall have the right option to recover from Lessee, whether by way of sale relet the whole or any portion of the Secured Property, or by means of execution Premises for any period to any tenant and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including for any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement use and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawpurpose.

Default by Lessee. If Lessee fails to make shall at any time be in default in the payment of rent herein reserved or in the performance of any Monthly Rental of the covenants, terms conditions or provisions of this Lease, and Lessee shall fail to remedy such default within five twenty (20) days of delivery by Lessor after receipt of notice thereof if the default relates to matters other than the payment of rent, or if there shall be filed by or against Lessee in any Court pursuant to any statute either of the United States or of any Monthly Rental that is past duestate, a Petition in Bankruptcy or Insolvency or for reorganization or for the appointment of a Receiver or a Trustee of all or a portion of the Lessee's property or if the Lessee makes an assignment for the benefit of creditors, or fails to cure if there is an assignment by operation of law if any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which execution or attachment shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant levied upon any of the Lease hereunderLessee's property, which termination right or occupied by someone other than the Lessor, or if a receiver of any property of Lessee in or upon the Premises, be appointed in any action, suit or proceeding by or against Lessee and not removed within thirty (30) days after appointment, or if the interest of Lessee in the Premises shall be offered for sale or sold under execution or other legal process, Lessor in addition to all of the remedies given to Lessor in law or in equity, may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suitLessee terminate this Lease, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this AgreementLease re-enter the Premises by summary proceedings or otherwise, and in which any event Lessor maymay dispossess the Lessee, but shall be it being the understanding that under no obligation to, relet all circumstances is the Lease to be an asset for Lessee's creditors by operation of law or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Propertyotherwise. In the event of such re-entry, Lessor may relet the Premises without being obligated so to do, and in the event of reletting may apply the rent therefrom, first to the payment of Lessor's expenses, including attorney fees incurred by reason of Lessee's default and the expense of reletting, including but not limited to the repairs, renovation or alteration of the Premises, and then to the repayment of rent and all other sums due from Lessee hereunder, Lessee remaining liable for any deficiency. In the event of a default or threatened default by Lessee Event of Defaultany of the terms, provisions, covenants, conditions, rules and regulations of the Lease, Lessor shall have the right to recover from Lessee, whether by way invoke any remedy permitted to Lessor in law or in equity. All remedies available to Lessor are declared to be cumulative and concurrent. No termination of sale this Lease or any taking or recovering or possession of the Secured PropertyPremises shall deprive Lessor of any of its past or future rent, nor shall the bringing of any action for rent or other default be construed as a waiver of the right to take possession of the Premises. If the Lessee shall not remove all effects from the Premises after termination of the Lease following default by means Lessee or after Lessor shall secure possession of execution and levy on a judgment, or by means of voluntary payment the Premises after default by Lessee, or by some combination then Lessor may, at its option, remove all Lessee's effects from the Premises and shall store the same without liability for loss thereof: (a) . Lessee shall be liable to Lessor for all Monthly Rental that is past due, including any late payment fees due expenses incurred in connection therewith, (b) all Monthly Rental to come due during the remainder such removal and storage of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawsaid effects.

Default by Lessee. If it is mutually agreed that in the event: a) Lessee shall default in the payment when due of any sums required herein to be paid and fails to cure such default within fifteen (15) calendar days (including Saturday, Sunday and any legal holidays) after written notice thereof from Lessor; or b) If Lessee fails to make abandons or vacates the Premises; or c) If Lessee shall be in default in performing any of the terms or provisions not requiring the payment of any Monthly Rental within five days sum of delivery by Lessor of notice of any Monthly Rental that is past duemoney, or and fails to cure such default within fifteen (15) calendar days (including Saturday, Sunday and legal holidays) after the date of receipt of written notice of default from Lessor; or d) If Lessee files a petition in bankruptcy, insolvency, dissolution or for reorganization or arrangement under the laws of the United States or of any other default state, or voluntarily takes advantage of any such law or act or is dissolved or makes an assignment for the benefit of creditors; or e) If involuntary proceedings under this Agreement any bankruptcy law or insolvency act or for the dissolution of a corporation are instituted against Lessee or if a receiver or trustee is appointed of all or substantially all of the property of Xxxxxx and such proceedings are not dismissed or such receivership or trusteeship vacated within ten ninety (90) days after such institution or appointment; f) Whether voluntarily or involuntarily, Xxxxxx takes advantage of delivery any debtor relief proceedings under any present or future law, whereby the rent or any part thereof is, or is proposed to be, reduced or payment thereof deferred; or g) If Xxxxxx makes an assignment for benefit of creditors; or h) Violation by Lessor Xxxxxx of the same covenant herein more than two times in any twelve (12) month period hereunder, irrespective of whether such defaultviolations are subsequently cured by Xxxxxx within any applicable grace period; or i) If Lessee’s effects should be levied upon or attached under process against j) Then in any such event, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusiveoptions: (ai) the right to Lessor may terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by upon written notice by Lessor to Lessee, whereupon this Lease shall end, and which upon such termination shall be effective as of the date of such notice; (b) the right by Lessor, Xxxxxx agrees to immediately enter upon and repossess peacefully surrender the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever Premises to Lessor, and with all costs of storage being deemed if Xxxxxx refuses to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slipdo so, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but among other things, reenter and repossess the Premises, using such force for that purpose as may be necessary without being guilty of trespass, forcible entry or other tort, and Lessee shall nevertheless remain and continue to be under no obligation to, relet all or any part of the Designated Boat Slip for credit liable to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriatea sum equal to all rent, additional rent and other charges payable under this Lease through the Term expiration date; and (fii) Lessor, as Xxxxxx’s agent, may enter upon and offer the right to exercise Lessor’s rights under Premises for rent at the Texas Uniform Commercial Code with regard to the security interest granted best price obtainable by reasonable effort, without advertisement and by private negotiation, for any term Lessor deems proper and Lessee shall be liable to Lessor in damages for deficiency between Xxxxxx’s rent hereunder and the Secured Propertyrent obtained by Lessor for re-letting. In Any suit brought to collect the event amount of any Lessee Event of Default, Lessor shall have such deficiency may be brought for all the right to recover from Lessee, whether by way of sale remaining months of the Secured Property, term thereof in one suit prospectively. Xxxxxx’s remedies as set forth herein shall in no event be construed to limit those otherwise available in law or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawequity.

Default by Lessee. If Lessee fails to make payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive10.1 If: (a) the right Lessee fails to terminate this Agreement, punctually pay any instalment of Monthly Lease or other sum due under the Leasing Arrangement or any other agreement between LeasePlan and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice;; or (b) the right Lessee fails to immediately enter upon observe or perform any of the other terms and repossess conditions of the Designated Boat Slip Leasing Arrangement or any other Agreement between LeasePlan and all appurtenances thereto, by forcible entry and detainer suit, or otherwise;the Lessee; or (c) any other Agreement between LeasePlan and the right to remove Lessee’s Craft (and Lessee is terminated by LeasePlan following any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk breach or any occurrence of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under nature described in this Agreement;Clause; or (d) the right to make any required repairs to the Designated Boat Slipdistress, execution, diligence, impounding or other legal process is levied on, or filed against the Vehicle or any part of the Vehicle or if the Lessee permits any judgement against the Vehicle to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed remain unsatisfied for seven (7) days or does or allows to be included among done any act or thing which may jeopardise LeasePlan’s rights in the past due Monthly Rental under this Agreement;Vehicle or any part of the Vehicle; or (e) the right to terminate Lessee’s rights Lessee calls any meeting of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand its creditors or notice enters into any liquidation or has a receiver or administrator of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriateassets appointed; andor (f) the right insurers of the Vehicle decline to exercise Lessorinsure or to continue to insure the Vehicle; or (g) the financial position of the Lessee deteriorates to such a degree that there is an increased risk of any of the above occurring; then in each and every case, LeasePlan will advise the Lessee in writing of the occurrence of a default. In the case of failing to punctually pay any instalment of Monthly Lease LeasePlan will allow the Lessee seven days to rectify that occurrence. In the case of each and every other occurrence described in this Clause, LeasePlan will allow the Lessee thirty days to rectify the occurrence. 10.2 If the Lessee does not rectify any occurrence specified in Clause 11.1 within the time permitted, LeasePlan may at its sole discretion, (but without prejudice to any other rights under this Agreement) forthwith by notice to the Lessee terminate the Leasing Arrangement. 10.3 Following any termination of the Leasing Arrangement under Clause 10.2, the Lessee will then no longer be in possession of the Vehicle with LeasePlan’s consent. In that event LeasePlan may without prejudice to LeasePlan’s claim for any arrears of Monthly Lease or damages for any breach of the Leasing Arrangement or any other rights under the Texas Uniform Commercial Code with regard Leasing Arrangement, retake possession of the Vehicle, and may for that purpose enter upon any premises belonging to or in the occupation or control of the Lessee which to the security interest granted knowledge of LeasePlan is housing the Vehicle. 10.4 The Lessee will be responsible for all costs, charges and expenses incurred by LeasePlan in retaking possession of the Vehicle except any costs, charges and expenses arising as a result of or in consequence of the negligence or wilful default of LeasePlan. 10.5 If LeasePlan does terminate the Leasing Arrangement as provided in Clause 11 then without prejudice to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right of LeasePlan to recover from Lessee, whether by way of sale bring a claim for damages for breach of the Secured PropertyLeasing Arrangement, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement Clause 5.2 will apply and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at Lessee shall forthwith upon written demand pay to LeasePlan any amount due by the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawLessee to LeasePlan under Clause 5.4.

Default by Lessee. If Any of the following occurrences or acts shall constitute an Event of Default under this Lease and Lessee fails to make payment of any Monthly Rental within five days of delivery by shall promptly notify Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusiveoccurrence thereof: (a) Lessee shall default (i) in the right payment of any Fixed Rent and such default shall continue for five (5) days after Lessor shall have given written notice (using a nationally recognized overnight delivery courier) to terminate this AgreementLessee specifying such default; or (ii) in the payment of any Additional Rent or other sum specifically to be paid by Lessee hereunder and such default shall not have been cured within ten (10) days after Lessor shall have given written notice (using a nationally recognized overnight delivery courier) to Lessee specifying such default; or (b) Lessee shall default in the observance or performance of Sections 10, 11(b) or 19 hereof; or (c) Lessee shall default in the observance or performance of any of Xxxxxx's other covenants hereunder (other than the covenants described in Sections 16(a) and (b) above), under any other instrument, the grant Lessor Improvement Letter, the Lessee Clean Room Letter or such other agreements entered into by Lessor and Lessee is connection with the execution and delivery hereof or observance of the Lease hereunder, which termination right may be exercised by Rules and Regulations described in Exhibit C hereto governing the Premises and such default shall not have been cured within thirty (30) days after Lessor shall have given to Lessee written notice by Lessor to Lesseespecifying such default, and which termination provided, however, that if the default complained of shall be effective as of such a nature than the same cannot be completely remedied or cured within such thirty-day period and if Lessee shall have commenced curing such default within such thirty-day period and shall proceed with reasonable diligence and in good faith to remedy the default complained of then such default shall not constitute an Event of Default for the purposes of this period, but in any event such default shall constitute an Event of Default hereunder after ninety (90) days from the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement;default if not so cured; or (d) Lessee shall file a petition in bankruptcy or for reorganization or for an arrangement pursuant to Title 11 of the right to make any required repairs to United Stated Code, the Designated Boat SlipBankruptcy Code of 1978, as amended (the "Bankruptcy Act"), or shall be adjudicated a bankrupt or become insolvent or shall make an assignment for the benefit of its creditors, or shall admit in writing its inability to expend pay its debts generally as they become due, or shall be dissolved, or shall take any other sums required to cure corporate action in furtherance of any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among of the past due Monthly Rental under this Agreement;foregoing; or (e) if a petition or answer shall be filed proposing the right to terminate Lessee’s rights adjudication of possession with regard Lessee as a bankrupt or its reorganization pursuant to the Designated Boat Slip Bankruptcy Act and all appurtenances thereto(i) Lessee shall consent to the filing thereof, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but (ii) such petition or answer shall not be under no obligation to, relet all discharged or any part of denied within 60 days after the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriatefiling thereof; andor (f) if a receiver, trustee or liquidator (or other similar official) shall be appointed for or take possession or charge of Lessee or its successor and shall not be discharged within 60 days thereafter, or if Lessee shall consent to or acquiesce in such appointment; then, upon the right happening of any one or more of such Events of Default, Lessor may, without further demand for rent due or for the observance or performance of any of said terms, conditions or agreements, terminate this Lease and/or re-enter said Premises and remove all persons and property therefrom, using such force as may be necessary in compliance with any applicable process of law, and repossess said Premises as its own either by summary proceedings or by any suitable action or proceeding at law, or otherwise, without being liable to exercise indictment, prosecution or damages therefor, and may have, hold and enjoy the Premises, together with the appurtenances thereto and the improvements thereon; and/or terminate this Lease at any time by giving notice in writing to Lessee, electing to terminate this Lease and specifying the date of termination, and the Term of this Lease shall expire by limitation at midnight on the date specified in such notice as fully and completely as if said date were the date herein originally fixed for the expiration of the Term hereby granted and Xxxxxx shall thereupon quit and peacefully surrender and return the Premises to Lessor’s , without any payment therefor by Xxxxxx, and upon the date following the date specified in such notice, or at any time thereafter, Lessor may re-enter and repossess the Premises as provided above and Lessor shall have such other rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor and remedies as may be allowed at law or in the Secured Propertyequity. In the event of any Lessee Event of Defaultthe Lease is terminated, Lessor shall have the right be entitled to recover from Lessee, whether by way : (i) the unpaid Rent which had been earned at the time of sale termination; (ii) the worth at the time of award of the Secured Propertyamount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that the Lessee proves could have been reasonably avoided; (iii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that the Lessee proves could be reasonably avoided; and (iv) any other amount necessary to compensate Lessor for all the detriment proximately caused by the Lessee's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including but not limited to the cost of recovering possession of the Premises, unamortized brokerage commissions and Allowance (as defined in the Lessor Improvement Letter), applicable to the unexpired term of this Lease, expenses of re-letting, including necessary renovation and alteration of the Premises and reasonable attorneys' fees. The worth at the time of award of the amount referred to in provision (iii) of the immediately preceding sentence shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of the district within which the Premises are located at the time of award plus one percent (1%). Efforts by Lessor to mitigate damages caused by Xxxxxx's breach of this Lease shall not waive Lessor's right to recover damages under this Section. The words "re-enter" and "repossess", as used in this Lease, are not and shall not be restricted to their technical legal meanings, but are used in the broadest sense. No such taking of possession of the Premises by Lessor shall constitute an election to terminate the Term of this Lease unless notice of such intention be given to Lessee or unless such termination be decreed by a court having jurisdiction. If an action shall be brought for the enforcement of any provision of this Lease, in which it is found that an Event of Default has occurred, Lessee shall pay to Lessor all costs and other expenses which may become payable as a result thereof, including reasonable attorneys' fees and expenses. No right or remedy herein conferred upon or reserved to Lessor is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to any other legal or equitable right or remedy given hereunder, or at any time existing. Receipt by means Lessor of execution and levy on a judgment, any Fixed Rent or by means of voluntary payment by Lessee, Additional Rent or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder other sum payable hereunder with knowledge of the Term (assuming that Lessor has breach of any provision contained in this Lease shall not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs constitute a waiver of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by lawsuch breach, and no waiver by Lessor of any provision of this Lease shall be deemed to (ei) post-judgment interest at lesser have been made unless made under signature of 10% per annum an authorized representative of Lessor or the maximum allowed by law(ii) constitute a waiver of any other breach or default hereunder.

Default by Lessee. If a.) default shall be made in the timely payment of any sum to be paid by Lessee under this Lease (notwithstanding the preceding provision, for the first two times Lessee fails to pay a sum timely, Lessee shall not be in default until Lessor gives Lessee written notice of Lessee's failure to make timely payment and Lessee fails to make such payment of within ten (10) days from the date such notice is sent; any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails failure to cure any other pay a sum after the second failure shall be an immediate default under this Agreement within ten days of delivery by Lessor of such defaultlease), then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which or b.) default shall be cumulative rather than exclusive: made in the performance of any of the other covenants or conditions which Lessee is required to observe and to perform and such default shall continue for twenty (a20) days after written notice is delivered to Lessee or deposited in the U.S. Mail addressed to Lessee's address above, or c.) the right interest of Lessee under this Lease shall be levied on under execution or other legal process, or any petition shall be filed by or against Lessee to declare Lessee a bankrupt or to delay, reduce or modify Lessee's debts or obligations, or any petition under the Bankruptcy Act shall be filed or other action taken to reorganize or modify Lessee's capital structure, or Lessee be declared A. Lessor may terminate this AgreementLease and forthwith repossess the Premises and be entitled to recover (i) the cost of recovering the Premises, and including the grant cost of the Lease hereunderremoval and storage of any of Lessee's possessions left within the Premises, which termination right may be exercised by written notice by Lessor to Lessee(ii) the unpaid rent earned at the time of termination, and which termination shall be effective as plus interest thereon at the highest lawful rate from the due date, (iii) the balance of the date rent for the remainder of such notice;the Term less the present fair market net rental value of the Premises for said period and (iv) any other sum of money and damages owed by Lessee to Lessor. (b) the B. Lxxxxx xxx terminate Lessee's right to immediately enter upon of possession, and repossess the Designated Boat Slip and all appurtenances thereto, Premises by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, suit without demand or notice of any kind to Lessee, and without terminating this AgreementLease, in which event Lessor may, but shall be under have no obligation to, relet the same for the account of Lessee, for such rent and upon such terms as shall be satisfactory to Lessor. For the purpose of such reletting, Lessor is authorized to decorate or make any repairs, changes, alterations or additions in or to the Premises that may be necessary. If (i) Lessor shall fail to relet the Premises, or (ii) the same are relet and a sufficient sum shall not be realized from such reletting after deducting the due and unpaid Base Rent and Additional Rent, the accrued interest thereon, the cost of recovering possession, the costs and expenses of all decorations, repairs, changes, alterations and additions deemed necessary in the reasonable judgment of Lessor and the expense of such reletting and of the collection of the rent accruing therefrom, then Lessee shall pay to Lessor as damages a sum equal to the amount of the Base Rent and Additional Rent provided for in this Lease for such period or periods, or if the Premises have been relet, the Lessee shall satisfy and pay any such deficiency upon demand therefor from time to time. Lessee agrees that Lessor may file one or more suits to recover any sums falling due under the terms of this section from time to time. No such reletting shall be construed as an election on the part of Lessor to terminate C. Lxxxxx xxx change the Designated Boat Slip for credit to Lessee’s account, locks on such terms the Premises and conditions as Lessor in its sole discretion shall deem appropriate; and (f) not return the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard new key to the security interest granted Lessee unless the Lessee cures the default(s). The Lessor will not have to Lessor in give the Secured Property. In Lessee a new key unless the event of any Lessee Event of Default, Lessor shall have cures the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement default(s); and the Lease hereunder), (c) new key will be provided only during Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by law's regular business hours.

Default by Lessee. If Lessee LESSEE fails to repair and maintain the Aircraft, discharge all liens (except for liens created by Owner), secure all licenses or registrations, pay all taxes (except for any sales tax due on OWNER’s purchase of the Aircraft and any of Owner’s income tax obligations), assessments, licenses, and other fees or charges, pay all costs and expenses to be paid by LESSEE, procure and maintain insurance, all as above provided, or to perform any of the other covenants or obligations of LESSEE, OWNER, at its option, may do so, and all advances and expenses incurred by OWNER in connection therewith shall be repaid by LESSEE to OWNER upon demand, together with interest thereon at the highest applicable rate allowed by law (but not more than one and one-half percent (1.5%) per month or fraction thereof) until paid. OWNER may enter upon the premises where the Aircraft is located for purpose of inspection, and may remove the Aircraft forthwith, without notice to LESSEE, if, in the reasonable opinion of OWNER, the Aircraft is being improperly used or maintained. If LESSEE shall fail to make payment any Regular Monthly Rental Payment or fail to pay any other amounts payable hereunder when the same are due and payable, or if LESSEE should default in the performance of any Monthly Rental within five days of delivery the other terms, conditions, or covenants to be performed by Lessor of notice LESSEE hereunder, or if LESSEE should default in the performance of any Monthly Rental that is past dueof the terms, conditions, or fails covenants to cure be performed by LESSEE under any other default under this Agreement within ten days contracts or agreements between LESSEE and OWNER at any time, or if the insurance required to be maintained hereunder shall expire or be canceled and LESSEE shall fail to replace such insurance, or if the Aircraft shall be misused or abandoned by LESSEE, or if LESSEE shall become insolvent, commit any act of delivery bankruptcy, or if bankruptcy proceedings are begun by Lessor of such defaultor against LESSEE, or if a receiver is appointed for LESSEE, or if for any reason OWNER shall, in good faith, reasonably deem said Aircraft or itself insecure, then a “Lessee Event of Default” shall exist OWNER, at its option, and Lessor shall have the following in addition to and without prejudice to any other remedies, which shall be cumulative rather than exclusive: (a) may enter upon the right premises where the Aircraft is located and take possession of and remove the Aircraft, with or without notice to terminate this AgreementLESSEE, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lesseewith or without legal proceedings, and which termination shall be effective as in removing the Aircraft, OWNER may, if permitted by law, use any of LESSEE’s licenses in respect to the date of such notice; Aircraft, and/or (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances theretomay terminate this Aircraft Lease, by forcible entry and detainer suit, or otherwise; and/or (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooringmay sell, and to store Lessee’s Craft (and such personal property), with all risk lease or otherwise dispose of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit Aircraft at public or private sale, with or without advertisement or publication, with or without notice to LesseeLESSEE, and with or without legal proceedings; provided that such sale is conducted in accordance with the requirements of applicable law. Upon such termination, LESSEE shall be liable to OWNER and shall forthwith pay OWNER the amount of OWNER’s accountdamages caused by LESSEE’s default(s), on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Defaultincluding, Lessor shall have the right to recover from Lesseebut not limited to, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) any and all Monthly Rental that is past due, including any late payment fees due reasonable costs and expenses incurred by OWNER in connection therewith, (b) all Monthly Rental to come due during the remainder repossession or disposition of the Term Aircraft (assuming that Lessor has including, but not terminated this Agreement limited to, court costs and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of courtfees, (d) pre-judgment at the lesser of 8% per annum or the maximum where allowed by law, and transportation and storage expenses), plus (eb) post-judgment any other sums due under other provisions of this Aircraft Lease, including, but not limited to, past due Regular Monthly Rental Payments, reserves for engine replacement, and late payment fees, plus (c) as liquidated damages for loss of a bargain and not as a penalty, and in lieu of any further payments of rent, the stipulated loss value of the Aircraft as of the month preceding the date of OWNER’s demand as shown on the Amortization Schedule attached hereto and incorporated herein as Annex “B”, plus (d) interest at lesser the rate of 1018% per annum on the total of the foregoing from the date of demand to the date of payment (and the parties acknowledge that the foregoing money damage calculation reasonably reflects OWNER’s anticipated loss with respect to the Aircraft and this Lease resulting from the event of default and the termination of this Lease due to such default by LESSEE). If OWNER actually repossesses the Aircraft, then OWNER shall not be required to sell, lease or otherwise dispose of the Aircraft prior to OWNER enforcing any of the remedies described above. OWNER may sell, lease or otherwise dispose of the Aircraft in any manner it chooses so long as such disposition is conducted in accordance with the requirements of applicable law, free and clear of any claims or rights of LESSEE and without any duty to account to LESSEE with respect thereto except as provided below. If OWNER actually sells or leases the Aircraft pursuant to the remedies provided above in this Article 9A, then OWNER will credit the net proceeds of any sale of the Aircraft, or the maximum allowed net present value (discounted at the then current LIBOR plus 300 basis points) of the rents payable under any new lease of the Aircraft, against and up to (but not exceeding) the amounts payable by lawLESSEE under any of the preceding paragraphs of this Article 9A and any other amounts LESSEE owes OWNER hereunder, or will reimburse LESSEE for and up to (but not exceeding) LESSEE’s payment thereof.

Default by Lessee. If Lessee fails to make at any time: the Rent is in arrears and unpaid for 10 Business Days after any payment date (whether it has been demanded or not) repairs required by any notice given by the Lessor under this Lease are not commenced within 10 Business Days of any Monthly Rental within five days of delivery by Lessor of such notice of any Monthly Rental that is past duehaving been given, or fails if commenced are not diligently completed the Lessor gives written notice to cure the Lessee specifying any breach (other default under this Agreement within ten days than a breach of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: type referred to in (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; or (b) above) in this Lease which breach remains unremedied 5 Business Days after giving the right to immediately enter upon and repossess notice the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suitLessee (if an individual) shall be declared or adjudicated bankrupt or insolvent any assignment shall be made of the Lessee’s property for the benefit of creditors or if the Lessee compounds with the Lessee’s creditors the interests of the Lessee in or under this Lease or in the Premises shall be attached or taken in execution under any legal process or the Lessee (if a company) has a resolution passed, or otherwise; an order made by a Court, for the liquidation of the Lessee (cexcept for the purposes of reconstruction approved by the Lessor), or if the Lessee is placed into receivership or under official or statutory management the Lessor may: distrain for rent or other moneys payable under this Lease remaining unpaid after the due date immediately, or at any time subsequently, and without any notice or demand re-enter (forcibly if necessary) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all Premises or any part of the Designated Boat Slip for credit to Premises and by such action determine the Lessee’s account, on such terms estate and conditions as Lessor interest in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights Premises and expel and remove the Lessee and the chattels of the Lessee and those claiming under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event Lessee without being guilty of any Lessee Event manner of Default, trespass or conversion and in which event the Lessor shall have not be liable for any loss or damage resulting from the right to recover exercise of any of its powers set out in this clause. Upon such event, this Lease shall cease and determine, but without releasing the Lessee from Lessee, whether by way liability in respect of sale any breach of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawcovenant.

Default by Lessee. If Lessee fails to make payment The occurrence of any Monthly Rental within five days one or more of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which events shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults an event of default by Lessee under this Lease Agreement, with all such sums expended being deemed : A. Lessee shall fail to be included among pay when due Rent under the past due Monthly Rental under terms of this Agreement; Lease Agreement within five (e5) the right to terminate days following Lessee’s rights receipt of possession written notice from Lessor (provided, however, that Lessor shall not be required to deliver such notice with regard regards to Base Rent more than twice in a calendar year, after which the Designated Boat Slip and all appurtenances thereto, without demand or notice failure of any kind and without terminating this Agreement, in which event Lessor may, but Lessee to pay Base Rent shall be an event of default without the need for Lessor to send written notice), or B. Lessee shall create, cause or permit a hazardous condition in violation of this Lease Agreement and the same is not cured by Lessee within twenty (20) days after written notice to Lessee, or C. The interest of Lessee in this Lease Agreement shall be levied on or taken under no obligation toexecution or other legal process, relet or if any voluntary petition in bankruptcy or for corporate reorganization or any similar relief shall be filed by Lessee, or if any involuntary petition in bankruptcy shall be filed against Lessee under any federal or state bankruptcy or insolvency act and shall not have been dismissed within thirty (30) days from the filing thereof, or D. A receiver shall be appointed for Lessee or any of the property of Lessee by any court and such receiver shall not have been dismissed within thirty (30) days from the date of his appointment, or if Lessee shall make an assignment for the benefit of creditors, or if Lessee shall admit in writing Lessee's inability to meet Lessee's debts as they mature, or E. Lessee shall assign this Lease Agreement or sublet all or any part of the Designated Boat Slip Leased Premises without the prior written consent of Lessor in accordance with Section 12, or F. Lessee shall fail to observe or perform any of the other covenants or conditions in this Lease Agreement which Lessee is required to observe and perform and such failure shall continue for credit thirty (30) days after written notice to Lessee’s account; provided, on however, if the nature of the default is such terms that it cannot be cured within the thirty (30)-day period, Lessee shall have so long as necessary to cure such default, provided Lessee undertakes such curative action within the thirty (30)-day period and conditions as diligently and continuously proceeds with such curative action up to an additional sixty (60) day period. Lessor shall be in default under this Lease Agreement if Lessor fails to fulfill or perform, in whole or in part, any of its sole discretion obligations under this Lease Agreement and such failure or non-performance shall deem appropriatecontinue for a period of thirty (30) days after written notice thereof has been given by Lessee to Lessor; and provided, however, if the nature of the default is such that it cannot be cured within the thirty (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default30)-day period, Lessor shall have so long as necessary to cure such default, provided Lessor undertakes such curative action within the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution thirty (30)-day period and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement diligently and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawcontinuously proceeds with such curative action.

Default by Lessee. If Lessee In the event LESSEE fails to make payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past duerepair and maintain the Aircraft, discharge all liens, secure all licenses or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such defaultregistrations, then a “Lessee Event of Default” shall exist and Lessor shall have the following remediespay all taxes, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreementassessments, licenses, and the grant of the Lease hereunderother fees or charges, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with pay all costs of storage being deemed and expenses to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slippaid by LESSEE, procure and maintain insurance, all as above provided, or to expend perform any of the other sums required covenants or obligations of LESSEE to cure any defaults by Lessee under this AgreementLESSOR, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip at its option, may do so,, and all appurtenances theretoadvances and expenses incurred by LESSOR in connection therewith shall be repaid by LESSEE to LESSOR upon demand, together with interest thereon at the highest applicable rate allowed by law but not more than one percent (1%) per month or fraction thereof until paid. LESSOR may enter upon the premises where the Aircraft is located for purpose of inspection, and may remove the Aircraft forthwith ("Aircraft Removal"), without demand or notice of any kind and without terminating this Agreementto LESSEE, if, in which event Lessor maythe reasonable opinion of LESSOR, but shall be under no obligation to, relet all the Aircraft is being improperly used or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Propertymaintained. In the event of Aircraft Removal, this Lease shall terminate. a. If LESSEE shall fail to make any Lessee Event Monthly Rental Payment or to pay any other amounts payable hereunder when the same are due and payable, or if LESSEE should default in the performance of Default, Lessor shall have the right to recover from Lessee, whether by way of sale any of the Secured Propertyother terms, conditions, or covenants to be performed by means of execution and levy on a judgmentLESSEE hereunder, or by means of voluntary payment by Lesseeif the insurance required to be maintained hereunder shall expire or be canceled and LESSEE shall fall to replace such insurance, or if the Aircraft shall be misused or abandoned, or if LESSEE shall become insolvent, commit any act of bankruptcy or if bankruptcy proceedings are begun by some combination thereof: (a) or against LESSEE, or if a receiver is appointed for LESSEE, or if for any reason LESSOR shall, in good faith, deem said Aircraft or itself insecure, the LESSOR, at its option, and in addition to and without prejudice to any other remedies, may take possession of and remove the Aircraft, with or without notice to LESSEE, and with or without legal proceedings and LESSOR may thereupon terminate this Lease. b. Upon such termination as described above, LESSEE shall be liable to LESSOR and shall forthwith pay LESSOR, the full amount of LESSOR's damages caused by LESSEE's default(s). LESSEE shall also pay any and all Monthly Rental that is past due, including any late payment fees due costs and expenses incurred by LESSOR in connection therewith, (b) all Monthly Rental to come due during the remainder repossession of the Term (assuming that Lessor has Aircraft, including, but not terminated this Agreement limited to, court costs and the Lease hereunder)attorneys fees, (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum where allowed by law, and (e) post-judgment interest at lesser transportation and storage expenses, plus all reasonable costs and expenses required to refurbish or repair the Aircraft to bring it into compliance with the return requirements set forth in paragraph 11 hereof. In addition, LESSEE shall forthwith pay LESSOR all other sums due under other provisions of 10% per annum or the maximum allowed by lawthis Lease, including, but not limited to, past due Monthly Rental Payments and late payment fees.

Default by Lessee. If Lessee fails to make payment 18.01 The occurrence of any Monthly Rental within five days one or more of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event the following events ("Events of Default” ") shall exist constitute a material default and Lessor shall have the following remedies, which shall be cumulative rather than exclusivebreach of this Lease by Lessee: (a) the right Any failure by Lessee to terminate this Agreement, and the grant of the Lease pay any rental or any other sum required to be paid by Lessee hereunder, which termination right may be exercised by as and when the same becomes due and payable and within five (5) days of Lessee's receipt of Lessor's written notice that such rental or other sum is due. (b) Any failure by Lessee to observe and perform any other provision of this Lease to be observed or performed by Lessee, where such failure continues for ten (10) days after written notice thereof by Lessor to Lessee; provided, and which termination shall be effective as of however, that if the date nature of such notice; default is such that it cannot reasonably be cured within such ten (b10) day period, Lessee shall not be deemed to be in default if Lessee shall within such period commence such cure and thereafter diligently prosecute the right same to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise;completion. (c) The making by Lessee of any general assignment or general arrangement for the right benefit of creditors; the filing by or against Lessee of a petition to remove have Lessee adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee’s Craft , the same is dismissed within ninety (90) days); the appointment of a trustee or receiver to take possession of substantially all of Lessee's interest in this Lease, where possession is not restored to Lessee within sixty (60) days; or the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Demised Premises or of Lessee's interest in this Lease, where such seizure is not discharged within forty-five (45) days. 18.02 Any notice given under this Article shall specify the Event of Default and any personal property then inside Lessee’s Craft from its mooringthe applicable lease provisions, and to store Lessee’s Craft (and shall demand that Lessee perform the provisions of this Lease, within the applicable period of time. No such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all deemed a forfeiture or any part a termination of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) Lease provided Lessee cures the right to exercise Lessor’s rights under default within the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event applicable period of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawtime.

Default by Lessee. If Lessee fails to make shall default in the payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed sum to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults paid by Lessee under this AgreementLease and such monetary default shall continue for five (5) days after written notice to Lessee, with all or Lessee shall default in the performance of any of the other such sums expended being deemed covenants or conditions which Lessee is required to observe and to perform, and such non-monetary default shall continue for thirty (30) days after written notice to Lessee (provided, however, in the case of any such default which cannot reasonably be included among cured within thirty (30) days but which is curable, Lessee may cure such default within such additional period as may be reasonably required, as long as Lessee has promptly commenced such cure and thereafter diligently prosecutes such cure to completion), or if the past due Monthly Rental interest of Lessee under this Agreement;lease or any other property of Lessee shall be levied on under execution, attachment, or other legal process, or if a petition is filed or other action taken by or against Lessee in connection with a voluntary or involuntary case under the federal bankruptcy laws, as now constituted or hereafter amended, or any other applicable federal or state bankruptcy, insolvency or similar laws, or if any petition shall be filed by or against Lessee to delay, reduce or modify Lessee's debts or if any petition shall be filed or other action taken to reorganize, modify, wind-up, liquidate, or dissolve Lessee's capital structure if Lessee be a corporation, partnership or other entity, or if Lessee be declared insolvent according to law, or if assignment or Lessee's property shall be made for the benefit of creditors, or if a receiver, trustee, liquidator, assignee, custodian, sequestrator (or similar official) is appointed for Lessee or its property, then Lessor may treat the occurrence of any one or more of the forgoing events as a breach of this Lease (provided that no such levy, execution, legal process or petition filed against Lessee shall constitute a breach of this Lessee unless and until same has not been removed or vacated or stayed within sixty (60) days from the date of its creation, service or filing) and thereupon, Lessor at its option, may have any one or more of the following described remedies in addition to all other rights and remedies provided herein or at law or in equity, all of which shall be cumulative, but in no event shall Lessor fail to provide Lessee ten (10) days' written notice prior to resort to any such remedies: A. Lessor may terminate this Lease and forthwith repossess the Leased Premises, find, expel, or remove Lessee or any other person who my be occupying the Leased Premises, by lawful force if necessary, without being liable for prosecution or any claim of damages therefor, the same being waived by Lessee, and Lessee agrees to pay to Lessor, on demand, and Lessor shall be entitled to recover forthwith, as liquated damages, a sum of money equal to the total of (ei) the right cost of recovering the Leased Premises (including reasonable attorneys' fees and court costs), (ii) the unpaid rent earned and other sums due Lessor at the time of termination, plus interest thereon at twelve percent (12%) per annum, (iii) the then present value of the balance of the rent for the remainder of the Lease Term (had such Lease not been terminated) less the then present value of the then fair rental value of the Leased Premises for such period and (iv) any other sum of money and damages owed by Lessee to Lessor, including the costs incurred by Lessor in removing and storing, Lessee's or other occupant's property, restoring the Leased Premises as required hereby, and broker's fees incurred by Lessor in connection with reletting the whole or any part of the Leased Premises. B. Lessor may terminate Lessee'x xxxxx xx possession (but not the Lease) and expel or remove Lessee or any other person who may be occupying the Leased Premises, by lawful force if necessary, without being liable for prosecution or any claim of damages therefor, the same being waived by Lessee’s rights of possession with regard to , or may repossess the Designated Boat Slip and all appurtenances theretoLeased Premises by forcible entry or detainer suit or otherwise, without demand or notice of any kind and to Lessee, other than notice required by law without terminating this AgreementLease, in which event Lessor may, but shall be under no obligation to, my relet all the same or any part thereof either in Lessor's name or otherwise, for a term or terms, which as Lessor's option, may be less than or exceed the balance of the Designated Boat Slip Lease Term, and for credit such rent and upon such other terms as shall be satisfactory to Lessee’s accountLessor, on and receive the rent therefor and apply such terms rent to the rent and conditions as other sums due Lessor hereunder, including costs incurred by Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to reletting. Lessor in the Secured Property. In the covenants that from and after an uncured event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment default by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental it shall use commercially reasonable efforts to come due during relet the remainder of the Term (assuming that Lessor has not terminated this Agreement Leased Premises and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by law.to mitigate its

Default by Lessee. If Lessee fails to make payment 15.1 Each of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee the following events shall constitute an "Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive": (a) if default shall be made by Lessee in the right to terminate making of payment of any Rent, Reserve Rate, Agreed Value, and/or of any other Supplemental Rent, within S Business Days after the date when due and payable under this Agreement, and Lease; or (i) if default shall be made by Lessee at any time in the grant procurement or maintenance of the Lease hereunder, any insurance coverage prescribed herein or (ii) any insurance which termination right may be exercised maintained by written Lessor, Head Lessor or Indenture Trustee under Article 11.4 is cancelled or terminated or notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise;cancellation is given; or (c) if default shall be made by Lessee in the right observance or performance of any of the other obligations of Lessee contained in this Lease and, if such default is in the opinion of Lessor capable of remedy, such default shall continue for a period of fifteen (15) Business Days after notice from Lessor to remove Lessee’s Craft (Lessee specifying the default and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to requiring that the same be including among the past due Monthly Rental under this Agreement;remedied; or (d) the right to make if any required repairs to the Designated Boat Slip, representation or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being warranty made (or deemed to be included among the past due Monthly Rental repeated) by Lessee in or pursuant to this Lease or in any document or certificate or statement referred to in or delivered under this Agreement;Lease is or proves to have been incorrect in any material respect when made or deemed to be repeated and such incorrectness, if capable of being cured, shall continue for fifteen (15) Business Days after written notice from Lessor specifying such incorrectness; or (e) if any borrowed money having an outstanding principal amount in excess of $4,000,000.00 (Dollars Four Million) of Lessee or any of its subsidiaries is not paid when due, or by reason of breach or default under the right to terminate Lessee’s rights terms of possession with regard any instrument evidencing or guaranteeing the same on the part of Lessee or any of its subsidiaries any borrowed money having an outstanding principal amount in excess of $4,000,000.00 (Dollars Four Million) of Lessee or any of its subsidiaries becomes due or capable of being declared due prior to the Designated Boat Slip date when it would otherwise have become due, or the security for any such borrowed money or any guarantee in respect thereof becomes enforceable; or (f) if an encumbrancer takes possession or a receiver, administrator, administrative receiver, trustee, liquidator or similar officer is appointed of the whole or any substantial part of the assets, rights or revenues of Lessee or any of its subsidiaries or a distress, execution, sequestration or other process is levied or enforced upon or sued out against all or a substantial part of the assets, rights or revenues of Lessee or any of its subsidiaries and all appurtenances theretois not discharged within fourteen days, without demand or notice Lessee applies for or consents to the appointment of any kind and without terminating this Agreementa receiver, in which event Lessor mayadministrator, but shall be under no obligation toadministrative receiver, relet trustee, liquidator or similar officer for it or for all or any part of the Designated Boat Slip for credit to Lessee’s accountits assets, on such terms and conditions as Lessor in its sole discretion shall deem appropriaterights or revenues; andor (fg) if Lessee or any of its subsidiaries suspends payment of its debts, or is unable or admits its inability to pay its debts as they fall due, or shall be adjudicated or found, or becomes, bankrupt or insolvent, or proposes or enters into any composition or other arrangement for the benefit of its creditors generally, or Lessee or any of its subsidiaries shall, by voluntary petition, answer or consent, seek relief under the provisions of any bankruptcy, insolvency or other similar law providing for the reorganization, liquidation, administration, dissolution or winding-up of corporations, or providing for an agreement, composition, extension or adjustment with its creditors; or (h) if a petition against Lessee in a proceeding under applicable bankruptcy or other insolvency laws shall be filed and shall not be withdrawn or dismissed within 30 days thereafter, or if any order shall be made by any competent court or resolution passed by Lessee or any of its subsidiaries or their respective board of management or supervisory board, whichever is competent to pass such resolution for the winding-up or dissolution of Lessee or any of its subsidiaries or for the appointment of a liquidator, trustee or conservator, save for winding-up or dissolution for the purposes of amalgamation or reorganization (not involving or arising out of insolvency) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event terms of any Lessee Event of Default, Lessor which shall have received the right to recover from Lesseeprior written approval of Lessor; or (i) if Lessee or any of its subsidiaries disposes of all or a material part of its assets, whether by way one or a series of sale transactions, related or not, other than for the purpose of a reconstruction or amalgamation the terms of which have received the previous consent in writing of Lessor; or (j) if any action shall be taken by Lessee which shall impair the rights, title or ownership of Lessor or Head Lessor or the Security Interest of Indenture Trustee, in the Aircraft or this Lease, or this Lease is or becomes wholly or partly invalid, ineffective or unenforceable by reason of any act or omission of Lessee; or (k) if any consent, authorization, license, certificate or approval of or registration with or declaration to any Government Entity in connection with this Lease including, without limitation: (i) Lessee's air carrier operating certificate issued pursuant to Chapter 447 of the Secured PropertyFederal Aviation Act; or (ii) required by Lessee or as a condition precedent required by Lessor pursuant to Article 2.3 to authorize, or in connection with, the execution, delivery, validity, enforceability or admissibility in evidence of this Lease or the performance by means Lessee of execution and levy on a judgmentits obligations under this Lease; or (iii) the registration of the Aircraft; or (iv) any airline license or air transport license; is changed such that it materially impairs the ability of Lessee to perform its obligations hereunder, or by means of voluntary payment by Lesseeis withheld, or by some combination thereof: (a) all Monthly Rental that is past duerevoked, including any late payment fees due suspended, cancelled, withdrawn, terminated or not renewed, or otherwise ceases to be in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by law.full force; or

Default by Lessee. ‌ If any of the rent or other sums of money to be paid by Lessee fails to make payment shall not be paid as and when the same becomes due or if Lessee shall default in the performance of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past duethe other agreements, conditions, covenants or terms herein contained, or fails if Lessee shall abandon the premises, or fail to cure timely commence operations, as described in Article III; or if this lease or the estate of Lessee hereunder shall be transferred or passed to or devolve upon any other default under this Agreement within ten days person, firm, association or corporation except in the manner provided hereunder; then and in any of delivery by Lessor of such defaultsaid events, then a “Lessee Event of Default” shall exist and Lessor District shall have the following remedies, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreementlease and the term hereby granted, as well as the right, title and interest of Lessee hereunder; provided, however, that the District shall first give Lessee 30 days' notice in writing of such default, specifying in particularity the nature of the default, and shall give Lessee the grant opportunity to cure such default within such 30-day period. If Xxxxxx should fail to cure such default within such 30-day notice period, District may terminate this lease; and it is agreed that upon the expiration of the Lease hereunderterm fixed in such notice, which if the nonpayment, default or other cause of termination right specified in such notice shall not have been made good or removed, this lease and the term hereby granted and created, as well as all the right, title and interest of Lessee hereunder shall, at the option of the District, terminate in the same manner and with the same force and effect as if the expiration of time in such notice were the end of the term herein originally demised; and the District may be exercised by written notice by Lessor to Lesseeimmediately, or at any time thereafter, and which termination shall be effective as without further notice or demand, enter into and upon said premises, or any part thereof, in the name of the date of such notice; (b) the right to immediately enter upon whole, and repossess the Designated Boat Slip same as of its first and all appurtenances thereto, by forcible entry former estate and detainer suit, or otherwise; (c) expel the right to remove Lessee’s Craft (Lessee and any personal property then inside Lessee’s Craft from its mooringthose claiming under it, and to store Lessee’s Craft remove its effects (and such personal property)forcibly, with all risk if necessary) without being taken or deemed guilty of loss belonging solely to Lesseeany manner of trespass, and with no liability whatsoever without prejudice to Lessorany remedies which might be otherwise used for arrears of rent or preceding breach of covenants. Notwithstanding the termination of this lease and possession regained by District, and with Xxxxxx will indemnify District against all costs loss of storage being deemed rent which may accrue to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults District by Lessee under this Agreement, with all reason of such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due termination during the remainder of the Term (assuming lease term. Xxxxxx specifically agrees that Lessor has this Article supersedes its rights under Section 93.002 of the Texas Property Code. In the event District does not terminated exercise the right hereinabove given it, it may accept rent from the receiver, trustee or other officer in possession thereof for the term of such occupancy without impairing or affecting in any way the right of District against Lessee hereunder. Any neglect or failure to enforce the right of forfeiture of this Agreement lease or re-entry upon breach of any of the conditions, covenants, terms and agreements herein contained, shall not be deemed a waiver of such right upon any subsequent breach of any such or any other condition, covenant, term and/or agreement herein contained. It is understood and agreed that no part of the Lease hereunder)time of the discontinuance or cessation in operation referred to in Article III that is caused by the interference of military authorities, (c) Lessor’s reasonable and necessary attorneys’ fees and costs strikes, floods, fires, navigation hazards, embargoes, or limitations on production instituted by state, national or local authorities, or any other act not within the control of courteither party hereto, (d) preshall be counted in the 90-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawday period mentioned in said Article III.

Default by Lessee. If Lessee fails In the event of a default by Lessee, Authority agrees not to make payment terminate this Lease (1) unless and until Lessee’s notice and cure periods have expired and Authority thereafter provides written notice of such default to any Monthly Rental Mortgagee and such Mortgagee shall have failed to cure such Event of Default within five thirty (30) days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such defaultnotice, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive(2) as long as: (ai) In the right to terminate this Agreement, and case of a default which cannot practicably be cured by the grant Mortgagee without taking possession of the Lease hereunderPremises, which termination right may be exercised by written notice by Lessor Mortgagee shall proceed diligently to Lessee, and which termination shall be effective as obtain possession of the date of Premises as Mortgagee (including possession by receiver) and, upon obtaining such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances theretopossession, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required shall proceed diligently to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriatedefault; and (fii) In the right case of a default which is not susceptible to exercise Lessorbeing cured by the Mortgagee, the Mortgagee shall institute foreclosure proceedings and diligently prosecute the same to completion (unless in the meantime it shall acquire Lessee’s right, title and interest hereunder, either in its own name or through a nominee, by assignment in lieu of foreclosure) and upon such completion of acquisition or foreclosure such default shall be deemed to have been cured. The Mortgagee shall not be required to obtain possession or to continue in possession as Mortgagee of the Premises pursuant to Subsection (i) above, or to continue to prosecute foreclosure proceedings pursuant to Subsection (ii) above, if and when such default shall be cured. Nothing herein shall preclude Authority from exercising any of its rights under or remedies with respect to any other default by Lessee during any period of such forbearance, but in such event the Texas Uniform Commercial Code with regard Mortgagee shall have all of its rights provided for herein. If the Mortgagee, its nominee, or a purchaser in a foreclosure sale, shall acquire title to Lessee’s right, title and interest hereunder and shall cure all defaults which are susceptible of being cured by the Mortgagee or by said purchaser, as the case may be, then prior defaults which are not susceptible to being cured by the Mortgagee or by said purchaser shall no longer be deemed defaults hereunder. References herein to defaults which are "not susceptible of being cured" by a Mortgagee or purchaser (or similar language) shall not be deemed to refer to any default which the Mortgagee or purchaser is not able to cure because of the cost or difficulty of curing such default, but rather shall be deemed to refer only to defaults specifically relating to the security interest granted to Lessor identity of Lessee which by their nature can be cured only by Lessee (such as Lessee bankruptcy or a change in the Secured Property. In the event control of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by law.

Default by Lessee. If Should default be made by Lessee fails to make in the payment of any Monthly Rental within five of the rents or other moneys provided to be paid hereunder as and when the same become payable or should Lessee or any of Lessee’s agents or employees violate any of the terms or provisions of this lease or should Lessee move out, vacate or abandon the leased premises or any part thereof (absence for ten days of delivery by Lessor of notice of any Monthly Rental that is past dueafter default in payment or rental shall constitute such an abandonment), or fails to cure should Lessee petition for voluntary bankruptcy or corporate reorganization under Chapter 10, or an arrangement under Chapter 11 of the Bankruptcy Act, or be adjudged a bankrupt, make an assignment for the creditors, or suffer any other default under person to remain in possession for more than ten (10) days by virtue of a receivership, attachment or execution (or should Lessee remain in the premises after this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have lease or the following remedies, which shall be cumulative rather than exclusive: (a) the right to terminate leasehold estate has expired or after this Agreement, and the grant lease of the Lease hereunder, which termination right may be exercised leasehold estate has been terminated either by written notice by Lessor to act of the Lessee, and which termination shall be effective as of by notice from the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suitLessor, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal propertyby operation of law), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be at its option, and without notice to the Lessee, reenter and take possession of the said premises and remove all persons and property therefrom, place Lessee’s property in storage in a public warehouse or other suitable place at the risk and expense of the Lessee and make any repairs, changes, alterations or additions in or to said premises. Should the Lessor elect to reenter and take possession of said premises under no obligation tothe provisions of this paragraph (whether or not by or through legal proceedings) Lessor may either terminate this lease and recover from the Lessee all damages which the Lessor may incur in recovering possessions of said premises, or the Lessor may relet said premises, or any part thereof, for all or any part of the Designated Boat Slip for credit remainder of said term, to Lessee’s accounta tenant or tenants satisfactory to it, on and at such terms and conditions monthly rental as Lessor may with reasonable diligence secure, and should such monthly rental be less than herein agreed to be paid by the Lessee, said Lessee agrees to pay such deficiency to the Lessor in advance on the first day of each and every month for the term thereof, and to pay to the Lessor, within ten days after such reletting, the costs and expenses which the Lessor may incur by reason thereof. No reentry of said premises by the Lessor as herein provided shall be construed as an election on its sole discretion part to terminate this lease unless written notice of such intention is given to the Lessee, which notice may be given at any time prior to the expiration of the term hereof; it being expressly understood that the election of the Lessor not to terminate this lease at the time of or upon taking possession of the demised premises as herein provided shall deem appropriate; and (f) not be irrevocable but the right Lessor may, at any time thereafter, elect to exercise Lessor’s rights terminate this lease by giving notice of such election as hereinbefore provided, and such termination shall not operate to release the Lessee from any liability theretofore incurred or accrued under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawterms hereof.

Default by Lessee. If Each and every covenant and condition contained in this Lease is declared to be a condition to this Lease, and to the term hereby demised to Lessee. Lessee fails shall be considered to make payment have materially breached this Lease, giving Lessor the remedies specified in Section 10.3 below, in the event that any one or more of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusiveoccur: (a) the right Lessee fails or refuses to terminate this Agreementpay to Lessor any rent due hereunder when due, and the grant such rent remains unpaid for ten (10) days after written notice to pay rent or surrender possession of the Lease hereunder, which termination right may be exercised Premises is served on Lessee by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice;Lessor; or (b) Lessee defaults in the right performance of or breaches any covenant, condition or provision contained in this Lease other than as set forth in Section 10.2(a) hereinabove, and such default or breach is not cured within twenty (20) days after written notice thereof is served by Lessor on Lessee; or, if such default or breach cannot be cured within said twenty (20) days, then Lessee shall so indicate to immediately enter upon Lessor in writing within said twenty (20) days and repossess shall set forth in writing its plan and schedule for effecting such a cure on an immediate basis, and Lessee shall commence such cure within said twenty (20) days and shall diligently with best efforts pursue such cure to completion within the Designated Boat Slip plan and all appurtenances theretoschedule submitted to Lessor, by forcible entry and detainer suit, or otherwise;but in no event in a time frame exceeding one hundred eighty (180) days; or (c) Lessee abandons the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement;Premises; or (d) Lessee becomes insolvent; for purposes of this Lease, Lessee shall be conclusively presumed to have become insolvent if: (i) A receiver is appointed to take possession of all or substantially all of Lessee’s property because of insolvency; or (ii) Lessee makes a general assignment for the right benefit of creditors; or (iii) Lessee allows any judgment against Lessee to make remain unsatisfied or unbonded for a period of thirty (30) days or longer; or (iv) An attachment or execution is levied upon or against any required repairs to the Designated Boat Slipor all of Lessee’s right, title or to expend any other sums required to cure any defaults by Lessee interest in or under this AgreementLease, with all such sums expended being deemed and the same shall not have been released within thirty (30) days from the date thereof; or (v) Proceedings in receivership or bankruptcy have been or are about to be included among the past due Monthly Rental under this Agreement;instituted against Lessee; or (evi) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on is adjudicated a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawbankrupt.

Default by Lessee. If Lessee fails to make payment The occurrence of any Monthly Rental within five days one or more of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which events shall be cumulative rather than exclusive:constitute a default and breach of the Lease by Lessee. (a) The vacating or abandonment of the right Leased Premises by Lessee. Such vacating or abandonment shall be deemed to terminate this Agreementhave occurred upon the absence of the Lessee from the Leased Premises for ten (10) consecutive days while Lessee is in default in the payment of any sum to be paid by Lessee hereunder, and during the grant term of the Lease hereunderor any renewals or extensions thereof (b) The failure by Lessee to make any payment of Monthly Rental, which termination right may Additional Rental or Forecast Additional Rental or any other payment required to be exercised made by Lessee hereunder as and when due, provided such failure shill continue for a period of ten (10) business days after written notice thereof by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise;. (c) The failure by Lessee to observe or perform any of the right covenants, conditions or provisions of this Lease to remove be observed or- performed by the Lessee’s Craft , other than described in Paragraph 13 (a) and any personal property then inside Lessee’s Craft from its mooring(b) above, and to store Lessee’s Craft where such failure shall continue for a period of thirty (and such personal property), with all risk of loss belonging solely 30) days after written notice thereof by Lessor to Lessee; provided, and with no liability whatsoever to Lessorhowever, and with all costs that if the nature of storage being Lessee's default is such that more than thirty (30) days are reasonably required for its cure, then * Lessee shall not be deemed to be including among the past due Monthly Rental under this Agreement;in default if Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by The making 6y Lessee, or any guarantor of Lessees obligations under this Lease, of any general assignment or general arrangement for the benefit of creditors; or the filing by some combination thereof: or against Lessee, or any guarantor of Lessee's obligations under this Lease, of a petition to have Lessee, or any guarantor of Lessee's obligations under this Lease, adjudged a bankrupt, or a petition for reorganization or arrangement under any laws relating to bankruptcy (aunless, in the case of a petition filed against Lessee, or any guarantor of Lessee's obligations under this Lease, the same is dismissed within thirty (30) days); or the appointment of a trustee or a receiver to take possession of substantially all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment Lessee's assets located at the lesser Leased Premises or of 8% per annum interests in this Lease, where possession' is not restored to Lessee within thirty (30) days; or the maximum allowed by lawattachment, and execution or other judicial seizure of substantially all of Lessees assets located at the Leased Premises or -of Lessees interest in this Lease, where such seizure is not discharged in thirty (e30) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawdays.

Default by Lessee. If Lessee fails to make payment 14.01 The LESSOR and the LESSEE hereby agree that any of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which events shall be cumulative rather than exclusiveconstitute a repudiatory breach of this Agreement: (a) If LESSEE fails to make any payment on the right to terminate date when such payment was due and payable under this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice;; or (b) If default shall be made by the right to immediately enter upon and repossess LESSEE in observance of performance of any of the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) other obligations of the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (LESSEE contained in this Agreement and such personal property), with all risk default shall continue for a period of loss belonging solely five (5) Business Days after notice from the LESSOR to Lessee, the LESSEE specifying the default and with no liability whatsoever to Lessor, and with all costs of storage being deemed to requiring that the same be including among the past due Monthly Rental under this Agreement;remedied; or (d) If the right to make any required repairs to LESSEE becomes insolvent or goes into liquidation or ceases paying its debts as they fall due or makes an assignment for the Designated Boat Slipbenefit of creditors, or files for protection from its creditors under any applicable Law relating to expend bankruptcy or insolvency, or a trustee or receiver or liquidator is appointed for the LESSEE for a substantial part of its property, or bankruptcy, liquidation, reorganization, insolvency, or similar proceedings are instituted by or against the LESSEE under the Laws of any other sums required to cure any defaults jurisdiction and if instituted against the LESSEE is not discharged or withdrawn within ten (10) Business Days; provided, however, it shall not be deemed an Event of Default where such proceedings are instituted for the purposes of a corporate reorganization which has been previously approved in writing by Lessee under this Agreement, with all such sums expended being deemed to the LESSOR (which approval shall not be included among the past due Monthly Rental under this Agreement;unreasonably withheld or delayed); or (e) If any representation or warranty made by the right LESSEE in or pursuant to terminate Lessee’s rights of possession with regard this Agreement proves to be incorrect and as a result has an effect on the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part ability of the Designated Boat Slip for credit LESSEE to Lessee’s account, perform its obligations hereunder or has a material adverse effect on such terms and conditions as Lessor in its sole discretion shall deem appropriatethe rights or interests of the LESSOR hereunder; andor (f) If the right LESSEE shall suspend all or substantially all of its operations or shall cease to hold all permits, licenses and authorizations necessary for the conduct of business or the effectiveness of this Agreement or the same shall be revoked or varied in a manner which materially adversely affects the financial situation of the LESSEE or of that of the Guarantor; or (g) If any of the following events shall occur: (i) the Brazilian authorities revoke or fail to renew any approval for the operation by LESSEE of the Aircraft in Brazil; (ii) the Aircraft being arrested, confiscated, seized, taken in execution, impounded, forfeited, detained in exercise Lessoror purported exercise of any possessory lien or other claim or otherwise taken from the possession of the LESSEE as a result of LESSEE’s rights under actions or inactions; (iii) the Texas Uniform Commercial Code registration of the Aircraft is canceled; or (iv) If one or more Events of Default shall have occurred, at the LESSOR’s sole and exclusive criteria and subject a Casualty Occurrence takes place and the LESSEE fails to pay the relevant amounts due within the specified time period. (h) If the Aircraft Purchase Agreement, dated as of [*], executed by and between LESSOR, LESSEE, HRT NETHERLANDS B.V. and HRT PARTICIPAÇÕES EM PETRÓLEO S.A. with regard respect to the security interest granted Aircraft is terminated due to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right action attributed to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by law.

Default by Lessee. If Lessee fails to make payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, If Lessee shall make default in making any payment herein provided for and the grant any such default shall continue for a period of the Lease hereunder, which termination right may be exercised by ten (10) business days after written notice by Lessor to Lessee, and which termination or if Lessee shall be effective make default in the performance of any obligation of Lessee herein (other than as to payment of the date of such notice; (bmoney) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft such default shall continue for a period of thirty (and such personal property), with all risk of loss belonging solely 30) days after written notice to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slipor if Lessee shall file a voluntary petition in bankruptcy, or if Lessee shall file any petition or institute any proceedings under any Insolvency or Bankruptcy Act or any amendment thereto hereafter made, seeking to expend any other sums required to cure any defaults by Lessee under this Agreementeffect its reorganization or a composition with its creditors, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreementif, in which event any proceedings based on the insolvency of Lessee or relating to bankruptcy proceedings, a receiver or trustee shall be appointed for Lessee or the Leased Premises, or if any proceedings shall be commenced for the reorganization of Lessee (which, in the case of involuntary proceedings, are not dismissed or stayed within 30 days of the commencement thereof), or if the leasehold estate created hereby shall be taken on execution or by any process of law, or if Lessee shall admit in writing its inability to pay its obligations generally as they become due, then Lessor may, but shall be under no obligation toat its option, relet terminate this Lease without notice, and declare all amounts due or to become due hereunder immediately due and payable, and Lessor's agents and servants may immediately, or any part of time thereafter, reenter the Designated Boat Slip for credit to Lessee’s accountLeased Premises by reasonably necessary force, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Defaultsummary proceedings, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by law.or

Default by Lessee. If (1) In the event of default by the Lessee fails to make in performance of any of its obligations hereunder other than the payment of any Monthly Rental within five days of delivery by Rent, the Lessor of notice may but shall not be obliged to perform the same and the amount of any Monthly Rental that is past dueexpenditures made by the Lessor in connection therewith including reasonable solicitors' fees on a solicitor-and-own-client basis, shall be deemed to be Additional Rent payable hereunder on the date incurred, and shall be reimbursed to the Lessor by the Lessee on demand together with interest thereon at the rate set forth in Subsection 20.01(4) hereof from the date incurred until paid. The Lessor shall, however, be under no obligation to remedy any default of the Lessee, and shall not incur any liability to the Lessee for any act or fails omission in the course of its curing or attempting to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive:. (a2) the right The Lessee will observe and perform all of its obligations in respect of assignments, subleases, agreements for tenancy, mortgages, charges and encumbrances of its leasehold interest and will not suffer or allow any such obligations to terminate this Agreementbe in default, and if any such default shall occur the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall not be under no obligation obliged to, relet all or any part rectify such default for the account of the Designated Boat Slip Lessee pursuant to the provisions of Subsection 20.01 (1) hereof, and may enter upon the said lands for credit such purpose, provided that no such entry shall be deemed to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; andwork a forfeiture or constitute a re-entry hereunder. (f3) Each and every sum of money arising to be paid by the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard Lessee to the security interest granted Lessor pursuant to Lessor in the Secured Property. In the event any provision of any Lessee Event of Default, Lessor shall have the right to recover from Lesseethis Lease, whether by way of sale indemnity or otherwise howsoever, shall, from and after the past due date for payment thereof, be deemed to be and be construed as rent and all rights and remedies available to the Lessor for the collection of rent in arrears may be resorted to by the Lessor for the collection thereof with interest and costs as provided in Subsection 20.01(4) hereof. (4) The Lessee shall pay to the Lessor interest on all Basic Rent and other payments required to be made to the Lessor hereunder at the rate of eighteen per cent (18%) per annum from the due date of payment until the same are fully paid and satisfied, and after as well as before judgment. (5) The Lessee shall pay and indemnify the Lessor against all reasonable legal costs and charges (including reasonable solicitors' fees on a solicitor-and-own-client basis) incurred by the Lessor in enforcing payment of the Secured Property, or Basic Rent and other amounts payable by means of execution the Lessee under this Lease and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder obtaining possession of the Term (assuming that Lessor has not terminated demised premises after default by the Lessee or upon the expiry or sooner termination of the term of this Agreement and Lease or in enforcing any covenant or agreement of the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawLessee herein contained.

Default by Lessee. If Lessee fails to make default shall be made in the payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed sum to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults paid by Lessee under this AgreementLease, with all and default shall continue for ten (10) days, or default shall be made in the performance of any of the other covenants or conditions which Lessee is required to observe and to perform, and such sums expended being deemed to be included among default shall continue for twenty (20) days, or if the past due Monthly Rental interest of Lessee under this Agreement;Lease shall be levied on under execution or other legal process, or if any petition shall be filed by or against Lessee to declare Lessee a bankrupt or to delay, reduce or modify Lessee's debts or obligations, or if any petition shall be filed or other action taken to reorganize or modify Lessee's capital structure if Lessee be a corporation or other entity, or if Lessee be declared insolvent according to law, or if any assignment of Lessee's property shall be made for the benefit of creditors, or if a receiver or trustee is appointed for Lessee or its property, or if Lessee shall abandon the Leased Premises during the term of this Lease or any renewals or extensions thereof, then Lessor may treat the occurrence of any one or more of the foregoing events as a breach of this Lease (provided that no such levy, execution, legal process or petition filed against Lessee shall constitute a breach of this Lease if Lessee shall vigorously contest the same by appropriate proceedings and shall remove or vacate the same within thirty (30) days from the date of its creation or service or filing) and thereupon, at Lessor's option, may have any one or more of the following described remedies in addition to all other rights and remedies available at law or in equity: a. Lessor may terminate this Lease and forthwith repossess the Leased Premises and be entitled to recover forthwith as damages a sum of money equal to the total of (ei) the right to terminate Lessee’s rights cost of possession with regard to recovering the Designated Boat Slip and all appurtenances theretoLeased Premises, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (fii) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment unpaid rent earned at the lesser time of 8% per annum or termination, plus interest thereon from that date at the maximum allowed by law, and (e) post-judgment interest at lesser lesser. of 10% per annum or the maximum allowed by law.three percent

Default by Lessee. If If, with respect to any Site Space, Lessee fails ----------------- to pay rent hereunder within ten (10) days after Lessor provides Lessee with a written notice regarding such breach, or Lessee breaches Section 5(d) above by not ceasing any objectionable interference at a Premises Site within three (3) days after Lessor provides Lessee with notice of such interference, or Lessee fails to make payment comply with any other term of any Monthly Rental this Lease and does not cure such other failure within five thirty (30) days of delivery by after Lessor of provides Lessee with a written notice of any Monthly Rental that regarding the applicable breach or for such longer period not to exceed one hundred eighty (180) days if Lessee is past due, or fails using commercially reasonable efforts to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreementbreach, and the grant of the Lease provided that Lessee is not otherwise excused from performing hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right option (i) (x) if such default is a default in the payment of rent, to recover from Lessee, whether by way of sale of terminate this Lease as to the Secured Property, subject Site Space or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) to terminate this Lease as to all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by lawSite Spaces, and (ey) postif such default is a default other than a default in the payment of rent, to terminate this Lease only as to the subject Site Space, in which event Lessee shall surrender possession of such Site Space(s) within thirty (30) days after Lessor's delivery of a termination notice, and (ii) to pursue any other remedy available to Lessor under this Lease or otherwise provided by law or equity with respect to such Site Spaces. Lessee shall be liable for reasonable expenses incurred by Lessor for its recovery and repossession of the Site Space in accordance with the provisions hereof. Repossession by Lessor shall terminate this Lease as to such repossessed Site Space, including terminating all further rental and other obligations of Lessee for the unexpired term with respect to such Site Space, but any such termination shall not mitigate or xxxxx any payment obligation under Section 2(c) above if applicable. Lessor shall use its commercially reasonable efforts to re-judgment interest at lesser of 10% per annum or the maximum allowed by lawlease any Site Space for which this Lease has been so terminated, and Lessor shall use commercially reasonable efforts to mitigate Lessor's damages and related costs.

Default by Lessee. If In the event Lessee fails should fail to make payment pay any of any Monthly Rental within five days the monthly installments of delivery by Lessor of notice of any Monthly Rental that is past due, rent hereunder or fails if Lessee shall fail to cure keep or shall violate any other default under this Agreement within ten days condition, stipulation or agreement herein contained on the part of delivery by Lessor of Lessee to be kept and performed, and if such default, then a “Lessee Event of Default” shall exist and Lessor failure or violation shall have the following remediescontinued for a period of fifteen (15) days after notice from Lessor as to nonpayment of rent or thirty (30) days after notice from Lessor as to any other violation, which shall be cumulative rather than exclusivethen, in any such event, Lessor, at its option, may: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice;Lease; or (b) re-enter the right to immediately enter upon premises by summary proceedings or otherwise expel Lessee and repossess remove all of Lessee’s property therefrom and relet the Designated Boat Slip premises at the best rent obtainable making reasonable efforts therefore and all appurtenances thereto, receive the rent therefrom; but Lessee shall remain liable for any deficiency between Lessee’s rent hereunder and the rent obtained by forcible entry and detainer suit, or otherwise;Lessor on reletting; or (c) if the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooringdefault is non-monetary in nature, and to store Lessee’s Craft (and cure such personal property), with all risk default for the account of loss belonging solely to Lessee, and with no any amount paid or any contractual liability whatsoever to Lessorincurred by Lessor in so doing shall be deemed paid or incurred for the account of Lessee, and Lessee agrees to promptly therefore reimburse Lessor and save Lessor harmless therefrom. A default, except as to payment of rent, shall be deemed cured if Lessee in good faith commences performance necessary to cure the same within thirty (30) days after receipt of such notice and continuously and with all costs of storage being deemed reasonable diligence proceeds to be including among complete the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums performance required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise default. Lessor’s rights under and remedies hereunder shall be in addition to all other rights and remedies now or hereafter available to Lessor. By signing this Lease the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the waives its right to recover from Lesseea jury trial in any action for past due rent, whether by way of sale of the Secured Property, eviction or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawdamages related thereto.

Default by Lessee. If All covenants and agreements herein made and obligations assumed are to be construed also as condition and these presents are agreed to upon the express condition that if Lessee fails should fail to make pay when due any of the aforesaid installments of rent or late charges, or should fail to perform or observe any of the covenants, agreements or obligations herein made or assumed by Lessee, or if Lessee shall become insolvent or bankrupt, recast or modify Lessee's debts or obligations or delay payment thereof or if any assignment be made of Lessee's property for the benefit of creditors then and thenceforth, in any Monthly Rental said events this Lease may be forfeited and thereby becomes null and void at the option of the Lessor and the Lessor may immediately or at any time thereafter reenter said Leased Premises, or any part thereof in the name of whole or repossess and have the same as of Lessor's former estate and remove therefrom all goods and chattels not thereto property belonging, and expel said Lessee and all other persons who may be in possession of said Leased Premises and that to, without demand or notice. It is agreed however, that the monthly installment of rent provided for above shall not be deemed in default until five (5) days after written notice of default has been given to Lessee and the no default shall be declared for the failure to perform or observe any of the other covenants, agreements or obligations made or assumed by the Lessee until said Lessee is given notice in writinq of such breach, and shall fail to perform the agreement called for, or remove the default within five (5) days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor after mailing of such default, then a “Lessee Event of Default” shall exist and notice by Lessor. In the event Lessor shall have exercise the following remediesaforesaid option to terminate, he shall be entitled to receive from the Lessee thereafter the diffence in rental, herein reserved for the unexpired portion of the term and any lesser net amount which Lessor, in the exercise of reasonable diligence, is able to procure for the unexpired portion of the term, each monthly difference being a separate cause of action, which shall may or may not be cumulative rather than exclusive: (a) accumulated and joined in one action at Lessor's option. This right so reserved by the right Lessor and granted by Lessee constitute an essential part of the consideration for the Lessor's agreement to terminate this AgreementLease the said premises to Lessee, and the grant of the Lease hereunder, which termination said reserved right may be exercised in any of the contingencies provided for by written notice this Lease, that is to say for the violation and non-observance of any of the undertakings to be kept, observed, or performed by Lessor to the Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suitits successors, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawassigns.

Default by Lessee. If Lessee LESSEE fails to repair and maintain the Aircraft, discharge all liens (except for liens created by Owner), secure all licenses or registrations, pay all taxes (except for any sales tax due on OWNER’s purchase of the Aircraft and any of Owner’s income tax obligations), assessments, licenses, and other fees or charges, pay all costs and expenses to be paid by LESSEE, procure and maintain insurance, all as above provided, or to perform any of the other covenants or obligations of LESSEE, OWNER, at its option, may do so, and all advances and expenses incurred by OWNER in connection therewith shall be repaid by LESSEE to OWNER upon demand, together with interest thereon at the highest applicable rate allowed by law (but not more than one and one-half percent (1.5%) per month or fraction thereof) until paid. OWNER may enter upon the premises where the Aircraft is located for purpose of inspection, and may remove the Aircraft forthwith, without notice to LESSEE, if, in the reasonable opinion of OWNER, the Aircraft is being improperly used or maintained. If LESSEE shall fail to make payment any Regular Monthly Rental Payment or fail to pay any other amounts payable hereunder when the same are due and payable, or if LESSEE should default in the performance of any Monthly Rental within five days of delivery the other terms, conditions, or covenants to be performed by Lessor of notice LESSEE hereunder, or if LESSEE should default in the performance of any Monthly Rental that is past dueof the terms, conditions, or fails covenants to cure be performed by LESSEE under any other default under this Agreement within ten days contracts or agreements between LESSEE and OWNER at any time, or if the insurance required to be maintained hereunder shall expire or be canceled and LESSEE shall fail to replace such insurance, or if the Aircraft shall be misused or abandoned by LESSEE, or if LESSEE shall become insolvent, commit any act of delivery bankruptcy, or if bankruptcy proceedings are begun by Lessor of such defaultor against LESSEE, or if a receiver is appointed for LESSEE, or if for any reason OWNER shall, in good faith, reasonably deem said Aircraft or itself insecure, then a “Lessee Event of Default” shall exist OWNER, at its option, and Lessor shall have the following in addition to and without prejudice to any other remedies, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon the premises where the Aircraft is located and repossess take possession of and remove the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property)Aircraft, with all risk of loss belonging solely or without notice to LesseeLESSEE, and with no liability whatsoever to Lessoror without legal proceedings, and with all costs in removing the Aircraft, OWNER may, if permitted by law, use any of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs LESSEE’s licenses in respect to the Designated Boat SlipAircraft and OWNER may thereupon terminate this Aircraft Lease. Upon such termination, or LESSEE shall be liable to expend OWNER and shall forthwith pay OWNER the amount of OWNER’s damages caused by LESSEE’s default(s), including, but not limited to, any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice reasonable costs and expenses incurred by OWNER in the repossession of any kind and without terminating this Agreement, in which event Lessor maythe Aircraft (including, but shall be under no obligation not limited to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms court costs and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of courtfees, (d) pre-judgment at the lesser of 8% per annum or the maximum where allowed by law, and (e) post-judgment interest at lesser transportation and storage expenses). In addition, LESSEE shall forthwith pay OWNER any other sums due under other provisions of 10% per annum or the maximum allowed by lawthis Aircraft Lease, including, but not limited to, past due Regular Monthly Rental Payments, reserves for engine replacement, and late payment fees.

Default by Lessee. If (a) Lessee fails to make payment of timely pay any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed sum to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults paid by Lessee under this Agreement, with all Lease after 5 days written notice from Lessor; (b) Lessee fails to perform any of its other duties or obligations under this Lease and such sums expended being deemed default continues for 20 business days after Lessor delivers written notice to Lessee or deposits written notice in the U. S. Mail addressed to Lessee's address above; (c) any of the following actions occur and Lessee fails to vigorously contest and cause same to be included among removed, dismissed, or vacated within 30 days from the past due Monthly Rental date of entry or filing: (i) Lessee's interest under this Agreement; Lease is levied on under execution or other legal process, or (ii) any petition is filed by or against Lessee to declare Lessee a bankrupt or to delay, reduce or modify Lessee's debts or obligations, or (iii) any petition under the Bankruptcy Code is filed or other action taken to reorganize or modify Lessee's capital structure, or (iv) Lessee is declared insolvent according to law, or (v) any general assignment of Lessee's property is made for the benefit of creditors, or (vi) a receiver or trustee is appointed for Lessee or its property; (d) if Lessee is a corporation, Lessee ceases to exist as a corporation in good standing in the State of Texas; or (e) if Lessee is a partnership or other entity, Lessee is dissolved or otherwise liquidated, then Lessor may treat the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice occurrence of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all one or any part more of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions foregoing events as Lessor in its sole discretion shall deem appropriate; and (f) a breach of this Lease. Upon the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event occurrence of any Lessee Event of Defaultthe foregoing events, at Lessor's option, Lessor shall have the right to recover from Lessee, whether by way of sale any one or more of the Secured Propertyfollowing described remedies, in addition to all other rights and remedies provided at law or by means in equity: A. Lessor may terminate this Lease and forthwith repossess the Premises and recover damages in a sum of execution and levy on a judgment, or by means money equal to the total of voluntary payment by Lessee, or by some combination thereof: (ai) all Monthly Rental that is past duethe cost of recovering the Premises, including the cost of the removal and storage of any late payment fees due in connection therewithof Lessee's possessions left within the Premises, (bii) all Monthly Rental to come due during the remainder unpaid Base Rent and Additional Rent earned at the time of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder)termination, (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment plus interest thereon at the lesser of 8% (A) thirteen percent (13%) per annum annum, or (B) the then maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by law.rate permitted to be

Default by Lessee. If In the event Lessee fails to make defaults in the full and timely payment of any Monthly Rental within five or all sums payable under the Lease whether as annual rent, additional rent, utilities or service charges premiums or expenses, real estate taxes, or any other sum whatsoever, and said default continues for fifteen (15) days of delivery by Lessor of notice after written notice; or in the event Lessee defaults in the full and timely performance of any Monthly Rental that is past dueand all terms and conditions of this Lease apart from a default in the full and timely payment of any or all sums due under this Lease, and if such default shall continue for fifteen (15) days after written notice, and in the event said default cannot with due diligence be cured within said fifteen (15) day period and the continuance of which for the period required for cure will not subject Lessor to the risk of criminal liability or fails to cure termination of any other lease or foreclosure of any mortgage, Lessee shall not be in default under this Agreement Lease if Lessee commences such cure within ten days said fifteen (15) day period and thereafter diligently prosecutes such cure to completion; or in the event Lessee vacates the demised premises or abandons the demised premises of delivery by Lessor this Lease or any of such defaultits obligations hereunder or removes a substantial portion or all of its fixtures or furnishings from the demised premises; or if Lessee does anything constituting a default under the section of this Lease relating to Lessee's Bankruptcy, then a “Lessee Event of Default” shall exist and in any or all such events Lessor shall have be entitled to exercise any and all remedies under this Lease and/or those available at law and/or equity with respect to such default or defaults, and those remedies shall include and not be limited to the following remedies, which shall be cumulative rather than exclusivefollowing: (a) Any and all other remedies available in the right State of Connecticut at law and/or equity to terminate this Agreementrecover possession of the demised premises, remove Lessee and its personality therefrom, and recover damages from Lessee as to the grant balance of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of term described in the date of such notice;Lease; and/or (b) Whether as agent for the Lessee or for Lessor's own account, the right in its discretion (but not the obligation) to immediately enter in and upon the demised premises and repossess the Designated Boat Slip clean up, repair, remodel, and do or make *any and all appurtenances theretoother commercially reasonable preparation of the demised premises for rerental, by forcible entry advertise for and detainer suit, obtain a tenant for the same whether directly or through brokers or otherwise;, and rerent the demised premises on the same or other terms and/or other terms and/or conditions as contained in the Lease; and, if as agent for the Lessee, then to recover from Lessee any and all costs and expenses of the foregoing and/or any deficiency in annual rent, additional rent, and other sums payable under the Lease by Lessee had Lessee duly and timely performed all terms and conditions of the Lease on its part to be performed throughout the entire term of the Lease; and, if for Lessor's own account, then to recover any and all costs and expenses of the foregoing; and/or (c) To terminate the right Lease by an additional written notice of no less than five (5) days to remove Lessee’s Craft Lessee to that effect (and sent registered or certified mail) in the event any personal property or all of the above-described defaults are not fully remedied within any grace period (if any) expressly provided above, and, if no time is so provided, then inside Lessee’s Craft from its mooring, to terminate the Lease by such notice upon the issuance of the notice; and to store Lessee’s Craft (recover from Lessee any and such personal property), with all risk damages to which Lessor would be entitled at law and/or equity under the laws of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs the State of storage being deemed to be including among the past due Monthly Rental under this Agreement;Connecticut; and/or (d) the right To seek and obtain any and all provisional remedies, ancillary remedies, and/or equitable relief by summary proceedings and/or actions at law and/or equity to make restrain or enjoin Lessee from any required repairs to the Designated Boat Slipthreatened, anticipated, committed, existing, continuing, or repeated breach or breaches of the Lease, and/or to expend require Lessee to perform or specifically perform any and all terms or conditions of the Lease on Lessee's part to be performed, and/or in aid of any other sums required to cure any defaults remedy sought by Lessee Lessor under this AgreementLease or at law and/or equity and at the option of Lessor, with to take physical possession of any and all such sums expended being deemed property, equipment, goods, supplies, raw materials and inventory of Lessee located on the demised premises to be included among the past due Monthly Rental under this Agreement;satisfy any judgment Lessor might obtain against Lessee for any default set forth herein; and/or (e) To recover any and-all damages from Lessee to which Lessor shall be entitled with respect to any breach or breaches of the right to terminate Lease by Lessee and/or termination of the Lease and/or of Lessee’s rights 's occupancy and/or possession of possession the demised premises by reason of Lessee's breach or breaches thereof, together with regard to interest at the Designated Boat Slip maximum legal rate allowed by law in the State of Connecticut, any and all appurtenances theretocosts, without demand or notice of expenses, statutory costs, and other sums allowed by such law, and reasonable attorneys' fees with respect to any kind and without terminating this Agreementall such events, in which event Lessor mayremedies, but shall be under no obligation toactions, relet all or any part of the Designated Boat Slip for credit to Lessee’s accountlitigations, on such terms and conditions as Lessor in its sole discretion shall deem appropriateand/or appeals; andand/or (f) To recover from Lessee the right to exercise Lessor’s rights difference, if any, at the time of a termination of the Lease between the amount of rents and other sums payable under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during Lease for the remainder of the Term (assuming stated term as compared to the reasonable rental value at that time of the demised premises, if less, for the remainder of the stated term; provided, however, Lessor has not terminated made an effort to mitigate damages in a commercially reasonable manner; and/or (g) To perform any and all of the terms and conditions of this Agreement Lease on Lessee's part to be performed at Lessee's cost and expense, and enter upon the Lease hereunder)demised premises for such purpose, if so required, to perform the same (cexcept for payment of annual rent) Lessor’s reasonable in the event Lessee fails or refuses to perform the same within ten (10) days next following written notice from Lessor to Lessee demanding the same; provided that in the event physical damage is immediately threatened to the demised premises as from flood, fire, gas leak, water leak, pipe bursting, or the like, no notice or demand by Lessor is required, and necessary Lessee shall fully reimburse and pay to Lessor any and all costs and/or expenses incurred by Lessor as to such selfhelp together with any and all attorneys’ ' fees and and/or costs of court, litigation required to enforce Lessor's rights hereunder. (dh) pre-judgment The remedies set forth in this Lease are cumulative and not exclusive and are in addition to and not in substitution for any remedies available at the lesser of 8% per annum law or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawequity.

Default by Lessee. 22.1: If Lessee fails to make payment LESSEE shall default in the performance of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past dueits obligation to pay the annual fixed rent, security deposit or rent arrearages pursuant to this document, or fails if LESSEE shall fail to cure any other such default under this Agreement within ten seven (7) days of delivery by Lessor after written notice from the LESSOR of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remediesor if, which shall be cumulative rather than exclusive: within thirty (a30) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by days after written notice by Lessor from the LESSOR to Lesseethe LESSEE specifying any other default or defaults, and which termination shall be effective as of LESSEE has not commenced diligently to correct the date of default or defaults so specified or has not thereafter diligently pursued such notice; correction to completion: or (b) if any assignment shall be made by LESSEE or any guarantor of LESSEE for the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, benefit of creditors; or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to if LESSEE’S leasehold interest shall be including among the past due Monthly Rental under this Agreement; taken on execution: or (d) the right to make if a petition is filed by LESSEE or any required repairs to the Designated Boat Slipguarantor of tenant for adjudication as a bankrupt , or to expend for reorganization or an arrangement under any other sums required to cure provisions of the Bankruptcy act as then in force and effect; or(e) if an involuntary petition under any defaults by Lessee under this Agreement, with all of the provisions of said bankruptcy act is filed against LESSEE or any guarantor of LESSEE and such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; involuntary petition is not dismissed within thirty (e30) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand days thereafter; or notice of any kind and without terminating this Agreement, in which event Lessor may, but (f) if LESSEE shall be under no obligation todeclared bankrupt or insolvent according to law; or (g) if a receiver, relet all trustee or assignee shall be appointed for the whole or any part of the Designated Boat Slip LESSEE s property and shall not be removed within thirty (30) days thereafter, then, and in any of such cases, LESSOR and the agents and servants of LESSOR lawfully may, in addition to and not in derogation of any remedies for credit any preceding breach of covenant, immediately or at any time thereafter and without demand or notice and with or without process of law (forcibly, if necessary) enter into and upon the Premises or any part thereof in the name of the whole or mail a notice of termination addressed to Lessee’s accountLESSEE at the Premises, on and repossess the same as of LESSOR’S former estate and expel LESSEE and those claiming through or under LESSEE and remove its and their effects (forcibly, if necessary) without being deemed guilty of any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or prior breach covenant, and upon such terms and conditions entry or mailing as Lessor in its sole discretion aforesaid, this lease shall deem appropriate; and terminate, LESSEE hereby waiving all statutory rights (f) the right to exercise Lessor’s including without limitation rights under the Texas Uniform Commercial Code with regard of redemption, if any, to the security interest granted extent such rights may be lawfully waived) and LESSOR, with notice to Lessor LESSEE, may store LESSEE’S effects and those of any person claiming through or under LESSEE, at the expense and risk of the LESSEE, and, if LESSOR so elects, may sell such effects at public auction and apply the net proceed to the payment of all sums due to landlord from LESSEE, if any, and pay over balance to the LESSEE. 22.2: The LESSEE shall indemnify the LESSOR against loss of rent to a maximum of ninety days which the LESSOR may incur by reason of such termination due to default by the LESSEE, during the residue of the term of this lease or any extension thereof. 22.3: If the LESSEE shall default in the Secured Property. In the event observance or performance of any Lessee Event conditions or covenants on LESSEE'S part to be observed or performed under or by virtue of Default, Lessor shall have the right to recover from Lessee, whether by way of sale any of the Secured Propertyprovisions of this lease, the LESSOR, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the expense of the LESSEE. If the LESSOR makes any expenditures or by means incurs any obligations for the payment of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due money in connection therewith, including, but not limited to, reasonable attorneys, fees in instituting, prosecuting or defending any action or proceedings, such sums paid or obligations incurred, with interest at the rate of twelve (b12) all Monthly Rental percent per annum and costs, shall be paid to come due during the remainder LESSOR by the LESSEE forthwith as additional rent. 22.4: Failure on the part of the Term (assuming LESSOR to complain of any action or non-action on the part of the LESSEE, no matter how long the same may continue, shall never be deemed to be waiver by the LESSOR of any of its rights hereunder. 22.5: No waiver at any time of any of the provisions hereof by the LESSOR shall be construed as a waiver of any of the other provisions hereof, and a waiver at any time of any of the provisions hereof shall not be construed as a waiver at any subsequent time of the same provisions. The consent or approval of the LESSOR to or of any action by the LESSEE requiring the LESSOR'S consent or approval shall not be deemed to waive or render unnecessary the LESSOR'S consent or approval to or of any subsequent similar act by the LESSEE. 22.6: No payment by the LESSEE or acceptance by LESSOR of a lesser amount than shall be due from LESSEE to LESSOR shall be treated otherwise than as a payment on account. The acceptance by the LESSOR of a check for a lesser amount with an endorsement or statement thereon, or upon any letter accompanying such check, that Lessor has not terminated this Agreement such lesser amount is payment in full shall be given no effect, and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at LESSOR may accept such check without prejudice to any other rights or remedies which LESSOR may have against the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawLESSEE.

Default by Lessee. 16.1 If one or more of the following events (sometimes called "Events of Default") shall occur and be continuing: 16.1.1 Lessee defaults in the payment of any Rent or any other sums provided to be paid hereunder and such default continues for ten (10) thereafter; or 16.1.2 Lessee defaults in the observance or performance of any other covenant, condition, agreement or provision hereof and Lessee fails to make payment remedy such default within thirty (30) days after notice thereof from Lessor to Lessee specifying the nature of the default (or, in the event the default cannot be cured within such period, Lessee fails to initiate action to remedy such default within said period and to prosecute the same to completion with due diligence); or 16.1.3 Lessee admits insolvency or bankruptcy or its inability to pay its debts as they may mature, or makes an assignment for the benefit of creditors or applies for or consents to the appointment of a trustee or receiver for Lessee, or for the major part of its property, Then, Lessor may enforce the provisions of this Lease and enforce and protect the right of Lessor hereunder by a suit or suits in equity or at law for the specific performance of any Monthly Rental within five covenant or agreement contained herein or for the enforcement of any other appropriate legal or equitable remedy; and Lessee shall have the right in its sole and absolute discretion to terminate this Lease and seek monetary damages in respect of any and all defaults under this Lease committed by Lessee. PROVIDED, HOWEVER, that Lessee shall have 120 days to continue to possess the Premises under this Lease as a holdover lessee pursuant to Section 19 hereof after receipt of delivery by notice from Lessor of notice termination of any Monthly Rental that is this Lease, so long as Lessee pays Lessor all accrued and past duedue Rent as well as all Rent during such 120 -------------------------------------------------------------------------------- 88 day period all Rent owed to Lessor. PROVIDED FURTHER, or fails to cure any other default under this Agreement within ten days upon the occurrence and during the continuation of delivery by Lessor of such default, then a “Lessee an Event of Default” shall exist and Lessor , Lessee shall have the following remediesright, which shall for a period of thirty (30) days after the date of occurrence of such Event of Default, to terminate this Lease and be cumulative rather than exclusive: relived of all further liability under this Lease upon payment to Lessor of an amount in "good and collected funds" equal to the sum of (a) all installments of Rent then due and thereafter coming due in accordance with the right to terminate terms and conditions of this AgreementLease through and including the installment of Rent due and payable on June 1, 2013, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part unpaid principal balance of the Designated Boat Slip for credit to Lessee’s accountFirst Mortgage Loan, as such term is defined in Section 33 hereof, that will exist on such July 2, 2013 assuming that all payment of principal and interest on the First Mortgage Loan have been and are made through July 1, 2013 in accordance with the terms and conditions as Lessor in its sole discretion shall deem appropriate; andof the First Mortgage Loan and no prepayments of the unpaid principal of the First Mortgage Loan have been or are made through July 1, 2013. (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event 16.2 No remedy herein conferred will be considered exclusive of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether other remedy conferred by way of sale of the Secured Property, this Lease or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, but all such remedies will be cumulative. Every power and (e) post-judgment interest at lesser remedy given by this Lease may be exercised from time to time and as often as the occasion may arise. No delay or omission of 10% per annum Lessor to exercise any power, right or the maximum allowed remedy will impair any such power, right or remedy. No waiver by lawLessor of any breach or any covenant, agreement or provision of this Lease will be construed or held to be a waiver of any other breach, covenant, agreement or provision by Lessor.

Default by Lessee. If Lessee fails to make shall default in the payment of any Monthly Rental within five rents reserved hereunder for more than ten (10) days of delivery by Lessor of notice following the due date, or in the payment of any Monthly Rental that additional rental amounts or sums which Lessee agrees to pay pursuant to the terms and provisions of this Lease for more than ten (10) days following the due date (or if no due date is past duestated, for more than ten (10) days following written demand); or fails if any execution, attachment or other process shall be issued against Lessee or any of Lessee's property by which the Premises could be taken, occupied or attempted to cure be taken and occupied by someone other than Lessee; or if Lessee shall default under any of the terms and conditions of this Lease; Lessor, in addition to any other default under this Agreement within ten days of delivery by Lessor of such defaultremedies available at law or in equity, then a “Lessee Event of Default” shall exist and Lessor shall have be entitled, at Lessor's election, to the following remedies, which shall be cumulative rather than exclusive: (a) a. Lessor may, in accordance with Florida law, re-enter the right to terminate this AgreementPremises and dispossess Lessee or its legal representatives, successors or assigns, and remove the grant personal property of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove at Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement's expense, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover immediately collect from Lessee, whether by way Lessee the full amount of sale all rent and other charges which are due or are to become due to Lessor for the remaining unexpired term of the Secured PropertyLease; or, x. Xxxxxx may take possession of the Premises and sublease the same for the benefit of Lessee and collect from the Lessee all expenses of Lessor in retaking, or by means repairing, modifying, advertising and re-letting the Premises, together with any shortfall in the amounts due and owing to Lessor pursuant to this Lease. In the event that Lessor shall release the Premises for the benefit of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof. Lessor shall apply any rents received from any sublessee in the following order: (ai) all Monthly Rental that is past duethe costs, including any late payment court costs and reasonable attorneys' fees due in connection therewith, (b) all Monthly Rental to come due during of expelling Lessee from the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by law.Premises;

Default by Lessee. If Lessee fails to make payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) If Lessee shall make default in making any payment herein provided for and any such default shall continue for a period of ten (10) business days after written notice to Lessee, or if Lessee shall make default in the right performance of any obligation of Lessee herein (other than as to payment of money) and any such default shall continue for a period of thirty (30) days after written notice to Lessee, or if Lessee shall file a voluntary petition in bankruptcy, or if Lessee shall file any petition or institute any proceedings under any Insolvency or Bankruptcy Act or any amendment thereto hereafter made, seeking to effect its reorganization or a composition with its creditors, or if, in any proceedings based on the insolvency of Lessee or relating to bankruptcy proceedings, a receiver or trustee shall be appointed for Lessee or the Tower Space, or if any proceedings shall be commenced for the reorganization of Lessee (which, in the case of involuntary proceedings, are not dismissed or stayed within 30 days of the commencement thereof), or if the leasehold estate created hereby shall be taken on execution or by any process of law, or if Lessee shall admit in writing its inability to pay its obligations generally as they become due, then Lessor may, at its option, terminate this AgreementLease without notice, and declare all amounts due or to become due hereunder immediately due and payable, and Lessor's agents and servants may immediately, or any time thereafter, reenter the grant Tower Space by reasonably necessary force, summary proceedings, or otherwise, and remove all persons and properly therein, without being liable to indictment, prosecution, or damage therefor, and Lessee hereby expressly waives the service of any notice in writing of intention to reenter said Tower Space. Lessor may, in addition to any other remedy provided by law or permitted herein, at its option, relet the Tower Space (or any part thereof) on behalf of Lessee, applying any monies collected first to the payment of expenses of resuming or obtaining possession, and, second, to the payment of the Lease costs of placing the premises in rentable condition, including any leasing commission, and, third, to the payment of rent due hereunder, which termination right may and any other damages due to the Lessor. Any surplus remaining thereafter shall be exercised by written notice by Lessor paid to Lessee, and Lessee shall remain liable for any deficiency in rental, the amount of which termination deficiency shall be effective as of the date of such notice;paid upon demand therefor to Lessor. (b) Should Lessor re-enter and terminate according to the right to immediately enter upon provisions of this subparagraph, Lessor may remove and repossess store the Designated Boat Slip Lessee's Property at the expense and all appurtenances theretofor the account of Lessee. Alternatively, by forcible entry and detainer suitLessor may sell, or otherwise; (c) cause to be sold, Lessee's Property at public sale to the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooringhighest bidder for cash, and to store Lessee’s Craft (and remove from the proceeds of such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past sale any rent or other payment then due Monthly Rental Lessor under this Agreement; (d) Lease. Any disposition of the right to make any required repairs Lessee's Property pursuant thereto shall be subject to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard any lender to the Designated Boat Slip Lessee holding a mortgage on Lessee's Property and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part made in a manner that is commercially reasonable within the meaning of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor as in effect in the Secured Property. In the event State of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment North Carolina at the lesser time of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawsuch disposition.

Default by Lessee. If Should Lessee fails fail to make payment pay any of the rentals provided for herein, or should Lessee fail to comply with any Monthly Rental of the other obligations of this Lease, within five ten (10) days of delivery from the mailing, by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Defaultdemanding same, Lessor shall have the right to recover from Lesseeright, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: at Lessor's option (a) to cancel this Lease, in which event there shall be due to Lessor as liquidated damages, a sum equal to the amount of the guaranteed rent for one year, or alternatively at Lessor's option to be reimbursed all Monthly Rental that is past dueactual cost incurred in reentering, including any late payment fees due in connection therewith, renovating and reletting said Premises; (b) to accelerate all Monthly Rental to come rentals due during for the remainder unexpired remaining term of the Term (assuming that Lessor has not terminated this Agreement Lease and the Lease hereunder), declare same immediately due and payable; or (c) to xxx for the rents in intervals or as the same accrues. The foregoing provisions are without prejudice to any remedy which might otherwise be used under the laws of Louisiana for arrears of rent or breaches of contract, or to any lien to which Lessor may be entitled. If Lessee has taken steps to cure any default not curable in ten (10) days, such additional reasonable time as is necessary to cure such default shall be granted Lessee. Should Lessor terminate this Lease as provided in this article, Lessor may reenter said Leased Premises and remove all persons, or personal property, without legal process, and all claims for damages by reason of such reentry are expressly waived. Lessor’s reasonable 's failure to strictly and necessary attorneys’ fees promptly enforce these conditions shall not operate as a waiver of Lessor's right, Lessor hereby expressly reserving the right to always enforce prompt payment of rent, or to cancel this Lease regardless of any indulgences or extensions previously granted. In the event Lessee defaults in the performance of any of the terms, covenants, agreements or conditions contained in this Lease and costs Lessor places the enforcement of courtthis Lease, (d) pre-judgment at the lesser of 8% per annum or any part thereof, or the maximum allowed collection of any rent due or to become due hereunder, or recovery of the possession of the Leased Premises in the hands of an attorney, or files suit upon the same, Lessee agrees to pay reasonable attorney's fees incurred by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawLessor.

Default by Lessee. If Lessee fails to make shall be in arrears of any payment of any Monthly Rental within five Rent more than ten (10) days after receipt of delivery by Lessor of written notice of such delinquency or shall remain in default under any Monthly Rental that is past dueother condition of this Lease for a period of thirty (30) days after receipt of written notice from Lessor, or fails to cure should any other default under this Agreement within ten days person than Lessee secure possession of delivery the Leased Premises, or any part thereof, by Lessor reasons of any receivership, bankruptcy proceedings, or other operation of law in any manner whatsoever (any such default, then a event being referred to herein as “Lessee Event of Default” shall exist and ”), Lessor shall have the following remediesat its option, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written without notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suitterminate this Lease, or otherwise; (c) in the right to alternative, Lessor shall reenter and take possession of said Leased Premises and remove Lessee’s Craft (all persons and property therefrom, without being deemed guilty of any personal property then inside Lessee’s Craft from its mooringmanner of trespass, and to store Lessee’s Craft (and such personal property)shall relet the premises or any part thereof, with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet for all or any part of the Designated Boat Slip for credit remainder of the Term, to a party reasonably satisfactory to Lessor, and at the maximum monthly rental in line with market rates as Lessor may with reasonable diligence be able to secure. Should Lessor be unable to relet after reasonable efforts to do so, or should such monthly rental be less than the rental Lessee was obligated to pay under this Lease, or any renewal thereof, plus Lessor’s reasonable and actual expense of reletting, then Lessee shall pay the amount of such deficiency to Lessor. Notwithstanding anything to the contrary set forth in this Lease or under any applicable law, no lien held by Lessor or any of Lessee’s accountgoods, on such terms and conditions as Lessor in its sole discretion merchandise or any other of Lessee’s property shall deem appropriate; and (f) prevent the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor sale by Lessee of any merchandises in the Secured Propertyordinary course of business free of such lien to Lessor. Lessor shall subordinate or, if necessary, release and waive any lien rights, if requested by Lessee or Dynamic Health Products, Inc., the parent corporation of the Lessee (the “Parent”), in connection with Lessee, the Parent and/or any subsidiary of the Parent obtaining a loan or other financing from any financial institution, lender or other secured creditor. In the event Lessor exercises the option to terminate the leasehold, reenter and relet the premises as provided in the preceding paragraph, then subject to such subordination, Lessor may take possession of all of Lessee’s property on the premises and sell same at public or private sale after giving Lessee reasonable notice of the time and place of any Lessee Event public sale or of Defaultthe time after which any private sale is to be made, for cash or on credit, or for such prices and terms as Lessor deems best, with or without having the property present at such sale. The proceeds of such sale shall be applied first to the actual and necessary and proper expense of removing, storing and selling such property, then to the payment of any Rent due or to become due under this Lease, with the balance, if any, to be promptly paid to Lessee. Further, in the event of Lessee’s Default the Lessor may declare due and payable, sxx for and recover, all unpaid rent and additional rent for the unexpired period of the Term as if by the terms of this Lease the same were payable in advance, together with all actual and reasonable legal fees and other reasonable expenses actually incurred by Lessor in connection with the enforcement of any of Lessor’s rights and remedies hereunder if, and only if, Lessor is successful in said enforcement. However, Lessor shall have a duty to exert reasonable efforts to relet the right Leased Premises. Any expenses incurred by the Lessor to recover from Lessee, whether by way of sale of relet the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment Leased Premises shall be borne by Lessee, . This provision shall not place an obligation on the Lessor to relet the Leased Premises for a period longer than the remaining term of this Lease and if such Leased Premises are relet for a period longer than the remaining term of this Lease the Lessee shall not receive credit for any rent received or by some combination thereof: (a) all Monthly Rental that to be received which is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental greater than the Lessee is obligated to come due during pay under the remainder terms of the Term (assuming that this Lease. All rights and remedies of Lessor has not terminated under this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by lawshall be cumulative, and (e) post-judgment interest none shall exclude any other right, remedy or duty at lesser of 10% per annum or the maximum allowed by law. Such rights, remedies and duties may be exercised and enforced and performed concurrently and whenever and as often as occasion therefor arises.

Default by Lessee. If Lessee fails to make payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) If Lessee shall make default in making any payment herein provided for and any such default shall continue for a period of ten (10) business days after written notice to Lessee, or if Lessee shall make default in the right performance of any obligation of Lessee herein (other than as to payment of money) and any such default shall continue for a period of thirty (30) days after written notice to Lessee, or if Lessee shall file a voluntary petition in bankruptcy, or if Lessee shall file any petition or institute any proceedings under any Insolvency or Bankruptcy Act or any amendment thereto hereafter made, seeking to effect its reorganization or a composition with its creditors, or if, in any proceedings based on the insolvency of Lessee or relating to bankruptcy proceedings, a receiver or trustee shall be appointed for Lessee or the Tower Space, or if any proceedings shall be commenced for the reorganization of Lessee (which, in the case of involuntary proceedings, are not dismissed or stayed within 30 days of the commencement thereof), or if the leasehold estate created hereby shall be taken on execution or by any process of law, or if Lessee shall admit in writing its inability to pay its obligations generally as they become due, then Lessor may, at its option, terminate this AgreementLease without notice, and declare all amounts due or to become due hereunder immediately due and payable, and Lessor's agents and servants may immediately, or any time thereafter, reenter the grant Tower Space by reasonably necessary force, summary proceedings, or otherwise, and remove all persons and properly therein, without being liable to indictment, prosecution, or damage therefor, and Lessee hereby expressly waives the service of any notice in writing of intention to reenter said Tower Space. Lessor may, in addition to any other remedy provided by law or permitted herein, at its option, relet the Tower Space (or any part thereof) on behalf of Lessee, applying any monies collected first to the payment of expenses of resuming or obtaining possession, and, second, to the payment of the Lease costs of placing the premises in rentable condition, including any leasing commission, and, third, to the payment of rent due hereunder, which termination right may and any other damages due to the Lessor. Any surplus remaining thereafter shall be exercised by written notice by Lessor paid to Lessee, and Lessee shall remain liable for any deficiency in rental, the amount of which termination deficiency shall be effective as of the date of such notice; (b) the right to immediately enter paid upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever demand therefor to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by law.

Default by Lessee. If Lessee fails to make payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove LesseeXxxxxx’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate LesseeXxxxxx’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to LesseeXxxxxx’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Delaware Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) LessorXxxxxx’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by law.court costs,

Default by Lessee. If Should Lessee fails fail to make payment pay Base Monthly Installments, Override Percentage Rent, CAM Charge or any other amounts due hereunder on the day when such amounts shall become due and payable, and shall continue in default for a period of any Monthly Rental ten (10) days after written notice thereof by Lessor, or should Lessee fail to comply with other obligations of this Lease, within five thirty (30) days of delivery from the mailing by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Defaultdemanding same, Lessor shall have the right, at Lessor's option to accelerate all rentals due for the unexpired remaining term of this Lease and declare same immediately due and payable; and/or to xxx for the rents in intervals or as the same accrues. The foregoing provisions are without prejudice to any remedy which might otherwise be available under Louisiana law for arrears of rent or breaches of contract, or to any lien to which Lessor may be entitled. If Lessee has taken steps to cure any default not curable in twenty (20) days, such additional reasonable time as is necessary in Lessor's sole discretion to cure such default shall be granted to Lessee. Should Lessor terminate this lease as provided in this article, Lessor may re- enter said Leased premises and remove all persons and personal property without legal process, and all claims for damages by reason of such re-entry are hereby expressly waived by Lessee. Lessor's failure to strictly and promptly enforce these conditions shall not operate as a waiver of Lessor's rights, Lessor hereby expressly reserving the right to recover from Lesseealways enforce prompt payment of rent, whether by way or to cancel this Lease regardless of sale any indulgences or extensions previously granted. In the event Lessee defaults in the performance of any of the Secured Propertyterms, covenants, agreements or conditions contained in this Lease and Lessor places the enforcement of this Lease, or by means of execution and levy on a judgmentany part thereof, or by means the collection of voluntary payment by Lesseeany amounts due or to become due hereunder, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder recovery of the Term (assuming that Lessor has not terminated this Agreement possession of the Property in the hands of an attorney, or files suit upon same, Lessee agrees to pay Lessor's reasonable attorney's fees, and the Lease hereunder), (c) Lessor’s reasonable other costs and necessary attorneys’ fees and costs expenses of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawLessor incurred to enforce this Lease.

Default by Lessee. If In the event Lessee fails should fail to make payment pay any of any Monthly Rental within five days the monthly installments of delivery by Lessor of notice of any Monthly Rental that is past due, rent hereunder or fails if the Lessee shall fail to cure keep or violate any other default under this Agreement within ten days such condition, stipulation or agreement herein contained on the part of delivery by Lessor of the Lessee to be kept and performed, and if such default, then a “Lessee Event of Default” shall exist and Lessor failure or violation shall have the following remediescontinued for a period of fifteen (15) days after notice from Lessor as to nonpayment of rent or thirty (30) days after notice from Lessor as to any other violation, which shall be cumulative rather than exclusive: then, in any such event, Lessor, at its option, may (a) the right to terminate this Agreement, Lease; or (b) re-enter the premises by summary proceedings or otherwise expel Lessee and remove all of Lessee’s property therefrom and relet the premises at the best rent obtainable making reasonable efforts therefore and receive the rent therefrom; but Lessee shall remain liable for any deficiency between Lessee’s rent hereafter and the grant of the Lease hereunder, which termination right may be exercised by written notice rent obtained by Lessor to on reletting; or (c) if the default in nonmonetary in nature, cure such default for the account of Lessee, and which termination any amount paid or any contractual liability incurred by the Lessor in so doing shall be effective as deemed paid or incurred for the account of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever Lessee agrees to Lessorpromptly therefore reimburse Lessor and save Lessor harmless therefrom. A default, except as to payment of rent, shall be deemed cured if Lessee in good faith commences performance necessary to cure the same within thirty (30) days after receipt of such notice and continuously and with all costs of storage being deemed reasonable diligence proceeds to be including among complete the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums performance required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise default. Lessor’s rights under and remedies hereunder shall be in addition to all other rights and remedies now or hereafter available to Lessor. By signing this Lease the Texas Uniform Commercial Code with regard Lessee waives its rights to the security interest granted to Lessor a jury trial in the Secured Property. In the event of any Lessee Event of Defaultaction for past due rent, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, eviction or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawdamages related thereto.

Default by Lessee. If Lessee fails to make payment the Lessee, after ten (10) days prior written notice of any Monthly Rental within five a monetary default and after thirty (30) days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such a non-monetary default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) Does not pay in full when due any and all installments of rent and/ or other charge or payment herein reserved, included, or agreed to be treated or collected as rent and/or any other charge, expense, or cost herein agreed to be paid by the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice;or (b) the right Violates or fails to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, perform or otherwise;otherwise breaks any covenant or agreement herein contained; or (c) Vacates the right Demised Premises or removes or attempts to remove Lessee’s Craft (or manifests an intention to remove any goods or property therefrom otherwise than in the ordinary and any personal property usual course of business without having first paid and satisfied the Lessor in full for all rent and other charges then inside Lessee’s Craft from its mooringdue or that may thereafter become due until the expiration of the then current term, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement;above mentioned; or (d) the right to make any required repairs to the Designated Boat SlipBecomes insolvent, or to expend makes an assignment for the benefit of creditors, or if a petition in bankruptcy is filed by or against Lessee or a complaint in equity or other proceedings for the appointment of a receiver for Lessee is filed, or if proceedings for reorganization or for composition with creditors under any State or Federal law be instituted by or against Lessee, or if the real or personal property of Lessee shall be levied upon or be sold, or if for any other sums required reason Lessor shall, in good faith, believe that Lessee's ability to cure any defaults by Lessee under comply with the covenants of this AgreementLease, with all such sums expended being deemed including the prompt payment of rent hereunder, is or may become impaired, thereupon: (1) The whole balance of rent and other charges, payments, costs, and expenses herein agreed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate paid by Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part thereof, and also all costs and officer's commissions including watchmen's wages shall be taken to be due and payable and in arrears as if by the terms and provisions of this Lease said balance of rent and other charges, payment, taxes, costs and expenses were on that date, payable in advance. Further, if this Lease or any part thereof is assigned, or if the premises, or any part thereof is sub-let, Lessee hereby irrevocably constitutes and appoints Lessor as Lessee's agent to collect the rents due from such assignee or sub-lessee and apply the same to the rent due hereunder without in any way affecting Lessee's obligation to pay any unpaid balance of rent due hereunder; or (2) At the option of Lessor, this Lease and the terms hereby created shall terminate and become absolutely void without any right on the part of Lessee to reinstate this Lease by payment of any sum due or by other performance of any condition, term, or covenant broken; whereupon, Lessor shall be entitled to recover damages for such breach in an amount equal to the amount of rent reserved for the balance of the Designated Boat Slip term of this Lease, less the fair rental value of the said Demised Premises for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under remainder of the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured PropertyLease term. In the event of any default as above set forth, Lessor, or anyone acting on Lessor's behalf, at Lessor's option: (a) May let said premises or any part or parts thereof to such person or persons as may, in Lessor's discretion, be best; and Lessee Event shall be liable for any loss of Defaultrent for the balance of the then current term. Any such re-entry or re-letting by Lessor under the terms hereof shall be without prejudice to Lessor's claim for actual damages, and shall under no circumstances, release Lessee from liability for such damages arising out of the breach of any of the covenants, terms, and conditions of this Lease. (b) May proceed as a secured party under the provisions of the Uniform Commercial Code against the goods in which Lessor has been granted a security interest. (c) May have and exercise any and all other rights and/or remedies, granted or allowed landlords by any existing or future Statute, Act of Assembly, or other law of this state in cases where a landlord seeks to enforce rights arising under a lease agreement against a tenant who has defaulted or otherwise breached the terms of such lease agreement; subject, however, to all of the rights granted or created by any such Statute, Act of Assembly, or other law of this state existing for the protection and benefit of tenants; and (d) May have and exercise any and all other rights and remedies contained in this Lease agreement OR UNDER NEW JERSEY LAW. All of the remedies hereinbefore given to Lessor and all rights and remedies given to it by law and equity shall have be cumulative and concurrent. No determination of this Lease or the taking or recovering possession of the premises shall deprive Lessor of any of its remedies or actions against the Lessee for rent due at the time or which, under the terms hereof would in the future become due as if there had been no determination, nor shall the bringing of any action for rent or breach of covenant, or the resort to any other remedy herein provided for the recovery of rent be construed as a waiver of the right to recover from Lessee, whether by way of sale obtain possession of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawpremises.

Default by Lessee. If Lessee fails to make payment 15.1 Each of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee the following events shall constitute an "Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive": (a) if default shall be made by Lessee in the right to terminate making of any Rent, Reserve Rate, or Supplemental Rent payment within five (5) Business Days after the date when such payment is due and payable under this Agreement, and ; or (i) if default shall be made by Lessee at any time in the grant procurement or maintenance of the Lease hereunder, any insurance coverage prescribed herein or (ii) any insurance which termination right may be exercised maintained by written Lessor, Head Lessor or the Bank under Article 11.4 is canceled or terminated or notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise;cancellation is given; or (c) if default shall be made by Lessee in the right observance or performance of any of the other obligations of Lessee contained in this Agreement and, if such default is in the opinion of Lessor capable of remedy, such default shall continue for a period of fifteen (15) Business Days after notice from Lessor to remove Lessee’s Craft (Lessee specifying the default and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to requiring that the same be including among the past due Monthly Rental under this Agreement;remedied; or (d) the right to make if any required repairs to the Designated Boat Slip, representation or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being warranty made (or deemed to be included among the past due Monthly Rental repeated) by Lessee in or pursuant to this Agreement or in any document or certificate or statement referred to in or delivered under this Agreement;Agreement is or proves to have been incorrect in any material respect when made or deemed to be repeated and such incorrectness, if capable of being cured, shall continue for fifteen (15) Business Days after notice from Lessor specifying such incorrectness; or (e) if any borrowed money of Lessee or any of its subsidiaries having an outstanding principal amount in excess of $4,000,000 (Dollars Four Million) is not paid when due, or by reason of breach or default under the right to terminate Lessee’s rights terms of possession with regard any instrument evidencing or guaranteeing the same on the part of Lessee or any of its subsidiaries any such borrowed money having an outstanding principal amount in excess of $4,000,000 of Lessee or any of its subsidiaries becomes due or capable of being declared due prior to the Designated Boat Slip date when it would otherwise have become due, or the security for any such borrowed money or any guarantee in respect thereof becomes enforceable; or (f) if an encumbrancer takes possession or a receiver, administrator, administrative receiver, trustee, liquidator or similar officer is appointed of the whole or any substantial part of the assets, rights or revenues of Lessee or any of its subsidiaries or a distress, execution, sequestration or other process is levied or enforced upon or sued out against all or a substantial part of the assets, rights or revenues of Lessee or any of its subsidiaries and all appurtenances theretois not discharged within fourteen days, without demand or notice Lessee applies for or consents to the appointment of any kind and without terminating this Agreementa receiver, in which event Lessor mayadministrator, but shall be under no obligation toadministrative receiver, relet trustee, liquidator or similar officer for it or for all or any part of the Designated Boat Slip for credit to Lessee’s accountits assets, on such terms and conditions as Lessor in its sole discretion shall deem appropriaterights or revenues; andor (fg) if Lessee or any of its subsidiaries suspends payment of its debts, or is unable or admits its inability to pay its debts as they fall due, or shall be adjudicated or found, or becomes, bankrupt or insolvent, or proposes or enters into any composition or other arrangement for the benefit of its creditors generally, or Lessee or any of its subsidiaries shall, by voluntary petition, answer or consent, seek relief under the provisions of any bankruptcy, insolvency or other similar law providing for the reorganization, liquidation, administration, dissolution or winding-up of corporations, or providing for an agreement, composition, extension or adjustment with its creditors; or (h) if a petition against Lessee in a proceeding under applicable bankruptcy or other insolvency laws shall be filed and shall not be withdrawn or dismissed within 30 days thereafter, or if any order shall be made by any competent court or resolution passed by Lessee or any of its subsidiaries or their respective board of management or supervisory board, whichever is competent to pass such resolution for the winding-up or dissolution of Lessee or any of its subsidiaries or for the appointment of a liquidator, trustee or conservator, save for winding-up or dissolution for the purposes of amalgamation or reorganization (not involving or arising out of insolvency) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event terms of any Lessee Event of Default, Lessor which shall have received the right to recover from Lesseeprior written approval of Lessor; or (i) if Lessee or any of its subsidiaries disposes of all or a material part of its assets, whether by way one or a series of sale transactions, related or not, other than for the purpose of a reconstruction or amalgamation the terms of which have received the previous consent in writing of Lessor; or (j) if any action shall be taken by Lessee which shall impair the title or ownership of Lessor (or Head Lessor), or the Security Interest of the Secured PropertyBank, in the Aircraft or this Agreement is or becomes wholly or partly invalid, ineffective or unenforceable by reason of any act or omission of Lessee; or (k) if any consent, authorization, license, certificate or approval of or registration with or declaration to any Government Entity in connection with this Agreement including, without limitation. (i) any Certificate of Public Convenience and Necessity; or (ii) required by Lessee or as a condition precedent required by Lessor pursuant to Article 2.3 to authorize, or in connection with, the execution, delivery, validity, enforceability or admissibility in evidence of this Agreement or the performance by means Lessee of execution and levy on a judgmentits obligations under this Agreement; or (iii) the registration of the Aircraft; or (iv) any airline license or air transport license; is changed such that it materially impairs the ability of Lessee to perform its obligations hereunder, or by means of voluntary payment by Lesseeis withheld, or by some combination thereof: (a) all Monthly Rental that is past duerevoked, including any late payment fees due suspended, canceled, withdrawn, terminated or not renewed, or otherwise ceases to be in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by law.full force; or

Default by Lessee. If 17.1 The following shall be deemed to be events of default by Lessee fails to make payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusiveLease: (a) the right Lessee shall fail to terminate pay when due any installment of rent or any other payment required pursuant to this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such noticeLease; (b) Lessee shall abandon any substantial portion of the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwiseLeased Premises; (c) Lessee shall fail to comply with any term provision or covenant of this Lease, other than the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk payment of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreementrent; (d) the right to make Lessee shall file a petition or be adjudged bankrupt or insolvent under any required repairs to the Designated Boat Slipapplicable federal or state bankruptcy or insolvency law, or to expend any other sums required to cure any defaults by admit that it cannot meet its financial obligations as they become due; or a receiver or trustee shall be appointed for all or substantially all of the assets of Lessee; or Lessee under this Agreement, with all such sums expended being deemed to be included among shall make a transfer in fraud of creditors or shall make an assignment for the past due Monthly Rental under this Agreement;benefit of creditors; or (e) Lessee shall do or permit to be done any act which results in a lien being filed against the right to terminate Lessee’s rights of possession with regard to Leased Premises. 17.2 Upon the Designated Boat Slip and all appurtenances thereto, without demand or notice occurrence of any kind event of default set forth in this Lease, Lessor shall have the option to pursue any one or more of the remedies set forth herein without any notice or demand. (1) Without declaring the Lease terminated, Lessor may enter upon and without terminating this Agreementtake possession of the Leased Premises, in which event Lessor mayby picking or changing locks if necessary, but shall and lock out, expel or remove Lessee and any other person who may be under no obligation to, relet occupying all or any part of the Designated Boat Slip Leased Premises without being liable for credit any claim for damages, and relet the Leased Premises on behalf of Lessee, and receive the rent directly by reason of the reletting. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any expenditures made by it in order to relet the Leased Premises, including, but not limited to, remodeling and repair costs. (2) Without declaring the Lease terminated, Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease; further, Lessee agrees that Lessor shall not be liable for any damages resulting to Lessee from effecting compliance with Lessee's obligations under this Lease caused by the negli- gence of Lessor or otherwise. (3) Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Leasee and any other person who may be occupying all or any part of the Leased Premises, without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Section, including without limitation, loss and damage due to failure of Lessee to maintain and/or repair the Leased Premises as required hereunder and/or due to the inability to relet the Leased Premises on satisfactory terms or otherwise. In addition, upon termination the Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date lessor terminates the Lease until the original termination date, discounted to present value using a discount rate of six (6%) percent, less the reasonable market value of the Leased Premises in the specific area in which the Leased Premises are located on the date of termination. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated by Lessor only by mailing or delivering written notice of such termination to Lessee’s account, and no other act or omission of Lessor shall be construed as a termination of this Lease. (4) in the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice shall be required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such terms action, or any other information, and conditions Lessor shall not be obligated to provide a key to the changed lock to Lessee unless Lessee shall have first: (i) brought current all payments due to Lessor under the Lease (unless Lessor has permanently repossessed the Leased Premises or terminated this Lease, in which event payment of all past due amounts shall not obligate Lessor to provide a key); (ii) fully cured and remedied to Lessor's satisfaction all other defaults of Lessee under this Lease (unless Lessee has abandoned or vacated the Leased Premises, in which event Lessor shall not be obligated to provide the new key to Lessee under any circumstances), and; (iii) provided Lessor with additional security deposit and assurances satisfactory to Lessor that Lessee intends to and is able to meet and comply with its future obligations under this Lease, both monetary and nonmonetary. Lessor may, upon written request by Lessee, at Lessor's convenience and upon Lessee's execution and delivery of such waivers and indemnifications as Lessor in its sole discretion shall deem appropriate; andmay require, at Lessor's option, either: (fa) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard escort Lessee or its specifically authorized employees or agents to the Leased Premises to retrieve personal belongings of Lessee's employees and property of Lessee that is not subject to a security interest granted provided in this Lease, or (b) obtain from Lessee a list of such property and arrange for such items to be removed from the Leased Premises and make avail- able to Lessee at such place at such time as Lessor may designate, provided, however, that if Lessor elects option (b), then Lessee shall be required to pay in cash in advance to Lessor in the Secured Propertyestimated cost that Lessor may incur upon moving and storage charges theretofore incurred by Lessor with respect to such property. THE PROVISIONS OF THIS ARTICLE ARE INTENDED TO OVERRIDE AND SUPERSEDE ANY CONFLICTING PROVISIONS OF THE FLORIDA PROPERTY CODE AND ANY AMENDMENTS OR SUCCESSOR STATUTES THERETO, AND OF ANY OTHER LAW, TO THE MAXIMUM EXTENT PERMITTED BY THE LAW. (5) In the event Lessor exercises any of any its rights provided herein and Lessee Event of Defaultsubsequently cures such default, Lessor shall have be entitled to receive a service charge of $500.00 from the right Lessee for its time and expense, in addition to recover from Lesseeany other amounts owed hereunder, whether by way of sale of prior to allowing the Secured Property, or by means of execution Lessee to reenter and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during reoccupy the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawLeased Premises.

Default by Lessee. If Lessee fails to make default shall be made in the payment of any Monthly Rental within sum to be paid by Lessee under this Lease and such default shall continue for five days of delivery by Lessor of notice (5) days, or default shall be made in the performance of any Monthly Rental that of the other covenants or conditions which Lessee is past duerequired to observe and to perform and such default shall be made in the performance of any of the other covenants or conditions which Lessee is required to observe and to perform and such default shall continue for fifteen (15) days after written notice to Lessee, or fails to cure any other default if Lessee abandons a substantial part of the Premises, or if the interest of Lessee under this Agreement within ten days Lease shall be levied on under execution or other legal process, or if any petition shall be filed by or against Lessee to declare Lessee bankrupt or to delay, reduce or modify Lessee's debts or obligations, or if any petition shall be filed or other legal action brought to force reorganization or modification of delivery by Lessor Lessee's capital structure, or if Lessee be declared insolvent according to law, or if any assignment of such defaultLessee's property shall be made for the benefit of creditors, or if a receiver or trustee is appointed for Lessee or its property, or if Lessee shall abandon the Premises during the term of this Lease or any renewals or extensions thereof, or if Lessee be a corporation and Lessee shall cease to exist as a corporation in good standing in the state of its incorporation or if Lessee be a partnership or other entity and Lessee shall be dissolved, terminated or liquidated, then Lessor may treat the occurrence of any one or more of the foregoing events as a “breach of this Lease (provided that no such levy, execution, legal process or petition filed against Lessee Event shall constitute a breach of Default” this Lease if Lessee shall exist vigorously contest the same by appropriate proceedings and shall remove or vacate the same within thirty (30) days from the date of its creation, service or filing) and thereupon, at Lessor's option, Lessor shall may have any one or more of the following remediesdescribed remedies in addition to all other rights and remedies provided at law or in equity, which shall be cumulative rather than exclusive:Lessor's rights and remedies being cumulative. (a) the right to Lessor may terminate this AgreementLease and forthwith repossess the Premises and be entitled to recover forthwith as damages a sum of money equal to the total of (i) the cost of recovering the Premises, and (ii) the grant unpaid rent earned at the time of termination, plus interest thereon from the due date at the lower rate per annum of 18% or the highest lawful rate, (iii) the present value (discounted at the rate of eight percent [8%] per annum) of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as balance of the date rent for the remainder of such notice;the term and (iv) any other sum of money and damages owed by Lessee to Lessor. (b) the Lessor may terminate Lessee's right to immediately enter upon of possession (but not this Lease) and may repossess the Designated Boat Slip and all appurtenances thereto, Premises by forcible entry and or detainer suit, suit or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind to Lessee and without terminating this AgreementLease, in which event Lessor may, but shall be under no obligation toto do so, relet the same for the account of Lessee for such rent and upon such terms as shall be satisfactory to Lessor. Lessee will pay to Lessor all costs of Lessor including reasonable attorney's fees and court costs in recovering the Premises. Lessor is authorized to decorate or to make any repairs, changes, alterations or additions in or to the Premises that may be necessary for the purpose of reletting the Premises. While the Premises are not relet, Lessee will pay to Lessor as damages the unpaid Base Rental and all other additional rent due under the Lease as the rent becomes due. If and when the Leased Premises are relet, Lessee will pay to Lessor as damages the unpaid Base Rental and all other additional rent due under the Lease as the rent becomes due, the cost of the decoration, repair, change, alteration or additions in and to the Premises required for the reletting and the cost of the collection of the rent accruing from the reletting and the cost of broker's commissions associated with reletting, less the amount of rent realized by Lessor from the reletting. Lessee agrees that Lessor may file suit to recover any sums due under this subparagraph from time to time and that no delivery to or recovery by Lessor of any portion due Lessor hereunder shall be construed as an election on the part of the Designated Boat Slip for credit Lessor to terminate this Lease unless a written notice of such intention is given by Lessor to Lessee’s account, on . Notwithstanding any such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Defaultreletting without termination, Lessor shall have the right may at any time thereafter elect to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated terminate this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawfor such previous breach.

Default by Lessee. If Lessee fails The following actions shall constitute a default by Lessee: (1) failure to make any rental payment, including prorated increases in the cost of Real Estate Taxes, Common Area Maintenance, Insurance and any other payments due hereunder (hereinafter "rents") within fifteen (15) days after the same shall become due; (2) abandonment of the Demised Premises; (3) breach or failure to perform any of the terms or conditions of this Lease other than the payment of any Monthly Rental rents, as defined in (1) above, which if such breach or failure to perform shall continue after the expiration of thirty (30) days from date the Lessor gives notice to Lessee of such breach or failure to perform; provided, however, that if such breach or failure to perform is of such a nature that it cannot be reasonably corrected within five thirty (30) days , then no breach or failure to perform shall be deemed to have occurred if the Lessee promptly, upon receipt of delivery by Lessor the notice, commences the curing of notice the breach or failure to perform and diligently prosecutes the same to completion. In the event of any Monthly Rental that is past duedefault as defined herein, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and the Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) the immediate right to terminate end Lessee's right of possession under this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooringLease, and to store Lessee’s Craft (re-enter and such personal property), with remove all risk of loss belonging solely to Lesseepersons and property from the Demised Premises, and with no liability whatsoever to Lessordispose of any such property, all without service of notice to Lessee or resort to legal process, and with all costs of storage without Lessor being deemed liable for any loss which may be occasioned thereby. Should Lessor elect to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slipre-enter, as herein provided, or should Lessor take possession pursuant to expend legal proceedings or pursuant to any other sums required to cure any defaults notice provided for by Lessee under law, Lessor may make such alterations and repairs thereof which Lessor in its sole discretion may deem advisable, and Lessor may re-let the Demised Premises for such term or terms (which may be for a term extending beyond the term of this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all Lease or any part of the Designated Boat Slip for credit to Lessee’s account, on extensions or renewals thereof) and at such rental or rentals and upon such other terms and conditions as Lessor in its sole discretion may deem advisable. Upon each such reletting, any rentals received by Lessor from such reletting shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard be applied, first, to the security interest granted to Lessor in the Secured Property. In the event payment of any indebtedness other than rents, as defined in (1) above, due thereunder from Lessee Event to Lessor; second, to the payment of Defaultany costs and expenses of such reletting, including brokerage fees, attorney's fees, costs and expenses of litigation reasonably incurred and the cost of alterations and repairs; third, to the payment of rents, as defined in (1) above, due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied in payment of future rents, as defined in (1) above, to be paid during that month by Lessee hereunder. Lessee shall pay the cost any deficiency to Lessor. No such re-entry or taking of possession of the Demised Premises by Lessor shall be construed as an election on its part to terminate this Lease in its entirety unless a written notice of such termination be given to Lessee or unless the termination be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Lessor may at any time thereafter elect to terminate this Lease in its entirely for any default by Lessee. Should Lessor terminate this Lease in its entirety, for any such default, in addition to any other remedies it might have, Lessor may recover from Lessee all damages that Lessor may incur by reason of such default including, but not limited to, any then due and unpaid rents, as defined in (1) above, the cost of recovering the Demised Premises and reasonable Attorney's fees. Should Lessor at any time end Lessee's right of possession for any default by Lessee, (as hereinbefore provided), without termination of the Lease in its entirety, in addition to any other remedies it might have, Lessor may recover from Lessee all damages that Lessor may incur by reason of such default, including but not limited to, any then due and unpaid rents, as defined in (1) above, the cost of recovering the Demised Premises, reasonable attorney's fees, and the balance of the rents as defined in (1) , above unpaid for the remainder of the term hereof, all of which amounts shall be immediately due and payable from Lessee to Lessor. Further, upon breach or threatened breach by Lessee of any provision of this Lease, Lessor shall have the right of injunction as if other remedies were not provided for herein. Notwithstanding anything in this lease as may be contained to recover from Lesseethe contrary, whether by way in the event of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment default under this Lease by Lessee, Lessee shall have any and all rights and remedies with respect to default under Florida State, Federal, Municipal, County, City or other applicable law or statutes and in no event shall Lessee waive any of those rights or remedies as contemplated herein excepting waiver of trial by some combination thereof: (a) all Monthly Rental that is past duejury, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder)right to interplead any claims, (c) Lessor’s reasonable and necessary attorneys’ fees and costs notwithstanding that the provisions of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawthis lease shall take precedent.

Default by Lessee. If Lessee fails to make shall at any time be in default in the payment of rent or other charges or in the performance of any Monthly Rental of its agreements hereunder, and if such default relates to the payment of money, shall fail to remedy it within five seven (7) days of delivery by Lessor of after written notice of any Monthly Rental that is past due, or fails to cure any other such default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as or if the default relates to matters other than the payment of the date money, fails to commence to remedy it within fifteen (15) days after written notice of such notice; (b) the right default by Lessor to immediately enter upon Lessee and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suitthereafter diligently to pursue correction thereof, or otherwise; (c) if a receiver of any property of Lessee on the right to remove premises be appointed, or Lessee’s Craft interest in the premises is levied upon by legal process, or Lessee be adjudged bankrupt, and Lessee fails within ten (10) days to commence, and any personal property then inside thereafter diligently to pursue, proceedings for the vacation of such appointment, levy, or adjudication, or if Lessee shall dispose of all or substantially all of its assets in bulk in a transaction not involving an assumption of Lessee’s Craft from obligations hereunder by the purchaser of such assets, or make an assignment for the benefit of its mooringcreditors then, and to store Lessee’s Craft (and in any such personal property)instance, with all risk of loss belonging solely without further notice to Lessee, and with no liability whatsoever to LessorLessor may enter upon the premises notwithstanding the provisions of this Lease, and with all costs in the event of storage being deemed to be including among the past due Monthly Rental under such entry, Lessor may either: a) Terminate this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this AgreementLease, in which event Lessor maythe obligations of Lessee hereunder shall cease, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit without prejudice however to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to of Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from LesseeLessee for rent or otherwise to the date of entry. If Lessee be adjudicated a bankrupt, whether Lessor shall, in lieu of such liquidated damages, be allowed a claim in the bankruptcy proceeding for future rent to the extent permitted by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (bankruptcy laws; or b) all Monthly Rental to come due during Enter upon the leased premises without terminating this Lease and relet the same in its own name for the account of Lessee for the remainder of the Term term (assuming that Lessor has not terminated this Agreement and thereafter for its own account) at the best rent then attainable, and immediately recover from Lessee any deficiency for the balance of the term between the amount for which the premises was relet and the Lease rent provided hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by law.

Default by Lessee. If Lessee fails to make default shall be made in the payment of any Monthly Rental within five days of delivery sum to be paid by Lessor of notice Lessee under this lease, and default shall continue for ten (10) days, or default shall be made in the performance of any Monthly Rental that of the other covenants or conditions which Lessee is past duerequired to observe and to perform, and such default shall continue for twenty (20) days AFTER WRITTEN NOTICE TO LESSEE, or fails to cure any other default if the interest of Lessee under this Agreement within ten days lease shall be levied on under execution or other legal process, or if any petition shall be filed by or against Lessee to declare Lessee a bankrupt or to delay, reduce or modify Lessee's debt or obligations, or if any petition shall be filed or other action taken to reorganize or modify Lessee's capital structure if Lessee be a corporation or other entity, or if Lessee be declared insolvent according to law, or if any assignment of delivery by Lessor Lessee's property shall be made for the benefit of such defaultcreditors, or if a receiver or trustee is appointed for Lessee or its property, or if Lessee shall abandon or vacate the Premises during the term of this lease or any renewals or extensions thereof, or if Lessee is a corporation and Lessee shall cease to exist as a corporation in good standing under the laws of the State of Texas of if Lessee is a partnership or other entity and shall be dissolved or otherwise liquidated, then Lessor may treat the occurrence of any one or more of the foregoing events as a “breach of this lease (provided that no such levy, execution, legal process or petition filed against Lessee Event shall constitute a breach of Default” this lease if Lessee shall exist vigorously contest the same by appropriate proceedings and Lessor shall remove or vacate the same within thirty (30) days from the date of its creation, service or filing) and thereupon, at Lessor's option, may have any one or more of the following remedies, which shall be cumulative rather than exclusivedescribed remedies in addition to all other rights and remedies available at law or in equity: (a) the right to Lessor may terminate this Agreementlease and forthwith repossess the Premises and be entitled to recover forthwith as damages a sum of money equal to the total of (i) the cost of recovering the Premises, and (ii) the grant unpaid rent earned at the time of termination, plus interest thereon at the LOWER OF THE maximum non-usurious rate OR TWELVE PERCENT (12%) per annum from the due date, (iii) the balance of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as rent for the remainder of the date term less the fair market rental value of such notice;the Premises for said period and (iv) any other sum of money and damages owed by Lessee to Lessor. (b) Lessor may terminate Lessee's right of possession (but not the right to immediately enter upon lease) and may repossess the Designated Boat Slip and all appurtenances thereto, Premises by forcible entry and or detainer suit, suit or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind to Lessee and without terminating this Agreementlease, in which event Lessor may, but shall be under no obligation toto do so, relet all or any part the same for the account of the Designated Boat Slip Lessee for credit to Lessee’s account, on such rent and upon such terms and conditions as shall be satisfactory to Lessor. For the purpose of such reletting Lessor is authorized to decorate or to make any repairs, changes, alterations or additions in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard or to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, Premises that may be necessary or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by lawconvenient, and (ei) post-judgment if Lessor shall fail or refuse to relet the Premises, or (ii) if the same are relet and a sufficient sum shall not be realized from such reletting after paying the unpaid basic and additional rent due hereunder plus interest at lesser the LOWER OF THE maximum non-usurious rate OR TWELVE PERCENT (12%) thereon, the cost of 10% per annum recovering possession, and all of the costs and expenses of such decorations, repairs, changes, alterations and additions and the expense of such reletting and of the collection of the rent accruing therefrom to satisfy the rent provided for in this lease to be paid, then Lessee shall pay to Lessor as damages a sum equal to the amount of the rental reserved in this lease for such period or periods, or if the maximum allowed Premises have been relet, the Lessee shall satisfy and pay any such deficiency upon demand therefor from time to time and Lessee agrees that Lessor may file suit to recover any sums falling due under the terms of Section 38(b) from time to time, and that no delivery to or recovery of any portion due Lessor hereunder shall be any defense in any action to recover any amount not theretofore reduced to judgment in favor of Lessor, nor shall such reletting be construed as an election on the part of Lessor to terminate this lease unless a written notice of such intention be given to Lessee by lawLessor. Notwithstanding any such reletting without termination, Lessor may at any time thereafter elect to terminate this Lease for such previous breach.

Default by Lessee. a. If Lessee the rental, additional rental, or any other charge payable by LESSEE under this lease shall be unpaid on the date payment is required by the terms hereof and shall remain so for a period of ten (10) days or if LESSEE fails to make payment perform any of any Monthly Rental within five the other terms, conditions or covenants of this lease to be observed and performed by LESSEE for more than fifteen (15) days of delivery by Lessor of after LESSOR gives LESSEE notice of any Monthly Rental such default (it being agreed that a default, other than the failure to pay money, which is past dueof such a character that rectification thereof reasonably requires longer than said fifteen (15) day period, shall be deemed cured within such period if LESSEE commences the rectification thereof within such fifteen (15) day period and completes the same with due diligence), or fails if LESSEE shall vacate or abandon the Premises, or close LESSEE’S business at the Premises, or suffer this lease to cure be taken under any writ of execution, attachment or other default under process of law, or if this Agreement within ten days lease shall by operation of delivery law devolve upon or pass to any person(s) other than LESSEE or a party to whom LESSEE is authorized to assign this lease by Lessor the provisions hereof, then LESSOR shall have, besides its other rights or remedies, the following immediate rights. i. At its option, without terminating this lease, to change the locks on the doors to the Premises and exclude LESSEE therefrom until all of such default, then a “Lessee Event of Default” shall exist and Lessor defaults shall have the following remediesbeen completely cured. ii. At its option, which shall be cumulative rather than exclusive: (a) the right by written notice to LESSEE, to terminate this Agreementlease. An eviction notice or a notice to vacate or leave the Premises shall not be considered a notice of termination unless the intention to terminate is specifically mentioned therein. No re-entry or taking possession of the Premises by LESSOR, as hereinafter provided, shall be construed as an election on its part to terminate this lease unless a written notice of such intention is given to LESSEE (all other demands and notices of forfeiture or other similar notices being hereby expressly waived by LESSEE). Upon the service of such notice of termination, the term of this lease shall automatically terminate. Notwithstanding any reletting without termination, LESSOR may at any time thereafter elect to terminate this lease for such previous breach in the manner herein provided. iii. At its option, to require that upon any termination of this lease, whether by lapse of time, by the exercise of any option by LESSOR to terminate the same, or in any other manner whatsoever, or upon any termination of LESSEE'S right to possession without termina tion of this lease, LESSEE shall immediately surrender possession of the Premises to LESSOR and immediately vacate the same, and remove all effects therefrom, except such as may not be removed under other provisions of this lease. If LESSEE fails to surrender possession and vacate as aforesaid, LESSOR may forthwith re-enter the grant Premises, with or without process of the Lease hereunderlaw, which termination right and repossess itself thereof as in its former estate and expel and remove LESSEE and any other persons and property therefrom, using such force as may be exercised by written notice by Lessor to Lesseenecessary, and which termination shall be effective as without being deemed guilty of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances theretotrespass, by eviction, conversion or forcible entry and detainer suitwithout thereby waiving LESSOR'S rights to rent or any other rights given LESSOR under this lease or at law or in equity. If LESSEE shall not remove all effects from the Premises as hereinabove provided, LESSOR may, at its option, remove any or otherwise;all of said effects in any manner it shall choose and store the same without liability for loss thereof, and LESSEE shall pay LESSOR, on demand, any and all expenses incurred in such removal and also storage on said effects for any length of time during which the same shall be in LESSOR'S possession or in storage. (c) iv. At its option, to make such alterations and repairs as LESSOR shall determine may be necessary to relet the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooringPremises, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among relet the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all same or any part thereof for such term or terms (which may be for a term extending beyond the term of the Designated Boat Slip for credit to Lessee’s account, on this lease) and upon such terms and conditions as Lessor LESSOR in its sole discretion may deem advisable. Upon each reletting, all rentals received by LESSOR from such reletting shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard be applied, first to the security interest granted to Lessor in the Secured Property. In the event payment of any Lessee Event indebtedness other than rent or other charges due under this lease from LESSEE to LESSOR; second to the payment of Default, Lessor shall have the right to recover from Lessee, whether by way any costs and expenses of sale of the Secured Property, or by means of execution such reletting (including brokerage fees and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ ' fees and costs of courtsuch alterations and repairs); and third to the payment of rent and other charges due and unpaid hereunder. In no event shall LESSEE be entitled to receive any surplus of any sums received by LESSOR on a reletting in excess of the rental and other charges payable hereunder. If such rentals and other charges received from such reletting during any month are less than those to be paid during that month by LESSEE hereunder, LESSEE shall pay any such deficiency to LESSOR (dnotwithstanding the fact that LESSOR may have received rental in excess of the rental and other charges payable hereunder in previous or subsequent months), such deficiency to be calculated and payable monthly. v. At its option, to collect from LESSEE any other loss or damage which LESSOR may sustain by reason of any breach and any diminished value of the Premises resulting from said breach. vi. At its option, in the event of a breach or threatened breach by LESSEE of any of the covenants or provisions of this lease, to enjoin any such breach or threatened breach. vii. The LESSEE shall continue to be liable for the payment of rent under this lease until such time that the LESSOR shall terminate this lease by written notice to LESSEE as set forth above, subject to an offset for rentals and other charges received by LESSOR from any reletting of the Premises to be applied as set forth above. An eviction notice or notice to leave or vacate the Premises shall not be considered as a notice of termination unless the intention to terminate is specifically mentioned therein. b. No receipt of monies by LESSOR from or for the account of LESSEE or from anyone in possession or occupancy of the Premises after the termination in any way of this lease or after the giving of any notice of termination, shall reinstate, continue or extend the term of this lease or affect any notice given to LESSEE prior to the receipt of such money, it being agreed that after the service of notice or the commencement of a suit, or after final judgment for possession of the Premises, LESSOR may receive and collect any rent or other amounts due LESSOR, and such payment shall not waive or affect said notice, said suit or said judgment. c. It is agreed that in the event of the termination of this lease pursuant to paragraph (a) pre-judgment at of this Section 28, LESSOR shall forthwith, notwithstanding any other provisions of this lease to the lesser contrary, be entitled to recover from LESSEE as and for liquidated damages an amount equal to the then cash value of 8% per annum the rent and other charges payable by LESSEE hereunder for the unexpired portion of the term demised, less the then cash rental value of the Premises for the same period. Nothing herein contained shall limit or prejudice the right of LESSOR to prove for and obtain as liquidated damages by reason of such termination, an amount equal to the maximum allowed by lawany statute or rule of law in effect at the time when, and (e) post-judgment interest at lesser governing the proceedings in which, such damages are to be proved, whether or not such amount is greater, equal to, or less than the amount of 10% per annum or the maximum allowed by lawdifference referred to above.

Default by Lessee. If Lessee fails to make payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have any or all of the following remedies, which rights and remedies set forth below in the event of default by Lessee. All notices regarding Lease violations shall be cumulative rather than exclusive:in accordance with paragraph 28.1, unless otherwise specified below. (a) the right to terminate this Agreement, and the grant The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Lessee: (1) failure of Lessee to make any payment of rent or any other payment required to be made by Lessee hereunder, which termination right may be exercised by as and when due, where such failure shall continue for a period of ten (10) days after written notice thereof by Lessor to Lessee, and which termination shall be effective as (2) the failure by Lessee to observe or perform any of the date covenants, conditions, or provisions of this Lease to be observed or performed by the Lessee, other than described in (1) above, where such notice;failure shall continue for a period of thirty (30) days after written notice thereof by Lessor to Lessee, provided, however, that if the nature of Lessee’s default is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure. (b) If Lessee is in default as defined in subparagraph (a) above, Lessor may (with or without demand for performance) terminate Lessee’s right of possession by giving a one (1) day’s written notice to vacate, and Lessor shall be entitled to immediate possession without termination of Lessee’s obligations under the right Lease. Lessor’s repossession shall not be considered an election to immediately enter upon and repossess the Designated Boat Slip and all appurtenances theretoterminate this Lease unless written notice of such intention to terminate is given to Lessee by Lessor. Repossession may be by voluntary agreement or by eviction lawsuit. Commencement of an eviction lawsuit shall not preclude Lessor’s remedies of Lessor’s lien, by forcible entry and detainer suitlock change, utilities termination, or otherwise;other rights and remedies of Lessor. (c) the right to remove If Lessee is in default as defined in subparagraph (a) above, and if Lessor terminates Lessee’s Craft right of possession without terminating this Lease, Lessee shall pay upon Lessor’s demand the following: (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with 1) all costs of storage being deemed reletting (which in no event shall be less than one month’s rent), including leasing commissions, utilities during the vacancy, advertising costs, administrative overhead, and all costs of repair, remodeling or redecorating for replacement tenants in the Lessee’s office space, (2) all rent and other indebtedness due from Lessee to be including among Lessor through the past due Monthly Rental under this Agreement; date of termination of Lessee’s right of possession, and (d3) the right to make any required repairs to the Designated Boat Slip, or to expend any all rent and other sums required to cure any defaults be paid by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and entire Lease term subject to the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, acceleration paragraphs above. (d) pre-judgment at Upon eviction or voluntary vacation of the lesser Leased Premises by Lessee without the Lease being terminated by Lessor, Lessor shall make reasonable efforts to relet the Leased Premises. After deduction of 8% per annum reasonable expenses incurred by Lessor, Lessee shall receive credit for any rentals received by Lessor through reletting the Leased Premises during the remainder of the Lease term or the maximum allowed by lawrenewal or extension period. Such deductible expenses may include real estate commissions, attorneys fees, and (e) post-all other expenses in connection with reletting. Lessee shall not be entitled to credit for any monthly rental receipts which are over and above the monthly rent due under this Lease. Any action to collect amounts due by Lessee under this Lease may be brought from time to time on one or more occasions without the necessity of Lessor’s waiting until the expiration of the Lease term. In the event judgment interest at lesser for accelerated rents is recovered, Lessor shall give credit against such judgment for subsequent rentals received, less lawful deductions and expenses of 10% per annum or the maximum allowed by lawreletting.

Default by Lessee. If Lessee fails to make payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) If Lessee shall make default in making any payment herein provided for and any such default shall continue for a period of ten (10) business days after written notice to Lessee, or if Lessee shall make default in the right performance of any obligation of Lessee herein (other than as to payment of money) and any such default shall continue for a period of thirty (30) days after written notice to Lessee, or if Lessee shall file a voluntary petition in bankruptcy, or if Lessee shall file any petition or institute any proceedings under any Insolvency or Bankruptcy Act or any amendment thereto hereafter made, seeking to effect its reorganization or a composition with its creditors, or if, in any proceedings based on the insolvency of Lessee or relating to bankruptcy proceedings, a receiver or trustee shall be appointed for Lessee or the Tower, or if any proceedings shall be commenced for the reorganization of Lessee (which, in the case of involuntary proceedings, are not dismissed or stayed within 30 days of the commencement thereof), or if the leasehold estate created hereby shall be taken on execution or by any process of law, or if Lessee shall admit in writing its inability to pay its obligations generally as they become due, then Lessor may, at its option, terminate this AgreementLease without notice, and declare all amounts due or to become due hereunder immediately due and payable, and Lessor's agents and servants may immediately, or any time thereafter, reenter the grant Tower by reasonably necessary force, summary proceedings, or otherwise, and remove all persons and properly therein, without being liable to indictment, prosecution, or damage therefor, and Lessee hereby expressly waives the service of any notice in writing of intention to reenter said Tower. Lessor may, in addition to any other remedy provided by law or permitted herein, at its option, relet the Tower (or any part thereof) on behalf of Lessee, applying any monies collected first to the payment of expenses of resuming or obtaining possession, and, second, to the payment of the Lease costs of placing the premises in rentable condition, including any leasing commission, and, third, to the payment of rent due hereunder, which termination right may and any other damages due to the Lessor. Any surplus remaining thereafter shall be exercised by written notice by Lessor paid to Lessee, and Lessee shall remain liable for any deficiency in rental, the amount of which termination deficiency shall be effective as of the date of such notice;paid upon demand therefor to Lessor. (b) Should Lessor re-enter and terminate according to the right to immediately enter upon provisions of this subparagraph, Lessor may remove and repossess store the Designated Boat Slip Lessee's Property at the expense and all appurtenances theretofor the account of Lessee. Alternatively, by forcible entry and detainer suitLessor may sell, or otherwise; (c) cause to be sold, Lessee's Property at public sale to the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooringhighest bidder for cash, and to store Lessee’s Craft (and remove from the proceeds of such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past sale any rent or other payment then due Monthly Rental Lessor under this Agreement; (d) Lease. Any disposition of the right to make any required repairs Lessee's Property pursuant thereto shall be subject to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard any lender to the Designated Boat Slip Lessee holding a mortgage on Lessee's Property and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part made in a manner that is commercially reasonable within the meaning of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor as in effect in the Secured Property. In the event State of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment Florida at the lesser time of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawsuch disposition.

Default by Lessee. If Lessee fails 6.1 In addition to make payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such defaultright or remedy available to it, then a “Lessee Event of Default” shall exist and the Lessor shall have the same rights and remedies in respect of default of any payment of any amount to be paid by the Lessee to the Lessor under the terms of this Lease as the Lessor would have in the case or default in payment of rent, notwithstanding that such payment may not be described as a payment of rent. 6.2 Each of the following remedies, which events (hereinafter called an "Event of Default") shall be cumulative rather than exclusivea default hereunder by Lessee and a breach of this Lease: (a) 6.2.1 if Lessee shall violate any covenant or agreement providing for the payment of rent, including Minimum Rent or Additional Rent; 6.2.2 if Lessee shall assign, transfer, encumber, sublet or permit the use of the Premises by others except in a manner herein permitted; 6.2.3 if Lessee becomes insolvent or shall be adjudicated a bankrupt or make a general assignment for the benefit of creditors or take or attempt to take the benefit of any insolvency or bankruptcy legislation, or if any order shall be made for the winding-up of Lessee or other termination of the corporate existence of Lessee; 6.2.4 if a receiver or trustee shall be appointed for the property of Lessee or any part thereof; 6.2.5 if any execution be issued pursuant to a judgment rendered against Lessee; 6.2.6 save where otherwise permitted hereunder if any person other than Lessee has or exercises the right to terminate this Agreementmanage or control the Premises, and the grant any part thereof, or any of the business carried on therein other than subject to the direct and full supervision and control of Lessee; Initials: ______/______/__________ Lessor/Lessee/Indemnifer 6.2.7 if Lessee shall be in default in fulfilling any of the other covenants and condition of this Lease hereunder, which termination right may be exercised by and such default shall continue for 15 days after written notice by thereof from Lessor to Lessee, and which termination shall be effective as of . 6.3 During the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice continuance of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor may, at its option, terminate this Lease by giving to Lessee a written notice of its intention, and the term hereof shall expire at noon upon the fifteenth day following the date upon which such notice is given as fully and completely as if that day were the date fixed for the expiration of the term without the necessity of further notice or legal process whatsoever provided always, however, that Lessee shall remain liable to pay all amounts and damages then due or to become due, including the liquidated damages as hereinafter provided. Lessee upon such a termination of this Lease shall thereupon quit and surrender the Premises to Lessor or if not yet in possession shall no longer have the any right to recover from possession of the Premises. Lessor, its agent and servants, may immediately, or at any time thereafter, re-enter the Premises and dispossess Lessee, whether and remove any and all persons and any or all property therefrom, either by way of sale of the Secured Propertysummary dispossession proceedings or by any suitable action or proceeding at law, or by means force or otherwise, without being liable to prosecution or damages therefor. In any such Event of execution Default, save in Event of Default 6.2.3, 6.2.4 and levy on 6.2.6 hereof, the Lessee shall be entitled to remedy the Event of Default after the Lessor has given its termination notice, provided that it remedies the Event of Default within the fifteen day period set forth in the preceding paragraph. Lessee specifically acknowledges that without prejudice to any other right or remedy, Lessor may, after the giving of the notice herein above referred to, cease to furnish any services hereunder and without limiting the foregoing may terminate or interrupt electrical service to the Premises. 6.4 In any of the foregoing cases Lessee shall pay any and all monies payable under this Lease up to an including the day of such termination or re-entry whichever shall be the later. In addition there shall immediately become due an payable in one lump sum as liquidated damages and not a judgmentpenalty the aggregate rental for a period of eight (8) months being the estimated time required for re-leasing the Premises or, if less than eight (8) months remain of the term hereof, the aggregate of rental for the unexpired portion of the term. Initials: ______/______/__________ Lessor/Lessee/Indemnifer 6.5 The exercise by Lessor of any right it may have hereunder or by means law shall not preclude the exercise by Lessor of voluntary payment by Lessee, any other right it may have hereunder or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by law. 6.6 Lessee shall pay interest compounded monthly on all rents and or amounts collectible as rent under the terms of this Lease not paid when due at a rate per annum of five (5) percentage points above the prime lending rate at the principal branch of Lessor's bank on the due dates of such rents or amounts.

Default by Lessee. If Lessee fails to make payment 15.1 Each of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee the following events shall constitute an "Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive": (a) if default shall be made by Lessee in the right to terminate making of any Rent, Reserve Rate and/or Agreed Value payment when due and payable under this Agreement or of any other Supplemental Rent payment within 5 Business Days after the date when such other Supplemental Rent is due and payable under this Agreement, and ; or (i) if default shall be made by Lessee at any time in the grant procurement or maintenance of the Lease hereunder, any insurance coverage prescribed herein or (ii) any insurance which termination right may be exercised maintained by written Lessor, Head Lessor or the Bank under Article 11.4 is cancelled or terminated or notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise;cancellation is given; or (c) if default shall be made by Lessee in the right observance or performance of any of the other obligations of Lessee contained in this Agreement and, if such default is in the opinion of Lessor capable of remedy, such default shall continue for a period of fifteen (15) Business Days after notice from Lessor to remove Lessee’s Craft (Lessee specifying the default and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to requiring that the same be including among the past due Monthly Rental under this Agreement;remedied; or (d) the right to make if any required repairs to the Designated Boat Slip, representation or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being warranty made (or deemed to be included among the past due Monthly Rental repeated) by Lessee in or pursuant to this Agreement or in any document or certificate or statement referred to in or delivered under this Agreement;Agreement is or proves to have been incorrect in -58- any material respect when made or deemed to be repeated and such incorrectness, if capable of being cured, shall continue for fifteen (15) Business Days after notice from Lessor specifying such incorrectness; or (e) if any borrowed money of Lessee or any of its subsidiaries is not paid when due, or by reason of breach or default under the right to terminate Lessee’s rights terms of possession with regard any instrument evidencing or guaranteeing the same on the part of Lessee or any of its subsidiaries any borrowed money of Lessee or any of its subsidiaries becomes due or capable of being declared due prior to the Designated Boat Slip date when it would otherwise have become due, or the security for any such borrowed money or any guarantee in respect thereof becomes enforceable, or Lessee is in default under any lease, hire-purchase, conditional sale or credit sale agreement (including without limitation any other agreement between Lessor, its associates, subsidiaries or affiliates and all appurtenances theretoLessee) for equipment having a casualty value in excess of $100,000; or (f) if an encumbrancer takes possession or a receiver, without demand administrator, administrative receiver, trustee, liquidator or notice similar officer is appointed of the whole or any kind part of the assets, rights or revenues of Lessee or any of its subsidiaries or a distress, execution, sequestration or other process is levied or enforced upon or sued out against any of the assets, rights or revenues of Lessee or any of its subsidiaries and without terminating this Agreementis not discharged within fourteen days, in which event Lessor mayor Lessee applies for or consents to the appointment of a receiver, but shall be under no obligation toadministrator, relet administrative receiver, trustee, liquidator or similar officer for it or for all or any part of the Designated Boat Slip for credit to Lessee’s accountits assets, on such terms and conditions as Lessor in its sole discretion shall deem appropriaterights or revenues; andor (fg) if Lessee or any of its subsidiaries suspends payment of its debts, or is unable or admits its inability to pay its debts as they fall due, or shall be adjudicated or found, or becomes, bankrupt or insolvent, or proposes or enters into any composition or other arrangement for the benefit of its creditors generally, or Lessee or any of its subsidiaries shall, by voluntary petition, answer or consent, seek relief under the provisions of any bankruptcy, insolvency or other similar law providing for the reorganization, liquidation, administration, dissolution or winding-up of corporations, or providing for an agreement, composition, extension or adjustment with its creditors; or (h) if a petition against Lessee in a proceeding under applicable bankruptcy or other insolvency laws shall be filed and shall not be withdrawn or dismissed within 30 days thereafter, or if any order shall be made by any competent court or resolution passed by Lessee or any of its subsidiaries or their respective board of management or supervisory board, whichever is competent to pass such resolution for the winding-up or dissolution of Lessee or any of its subsidiaries or for the appointment of a liquidator, trustee or conservator, save for winding-up or dissolution for the purposes of amalgamation or reorganization (not involving or arising out of insolvency) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event terms of any Lessee Event of Default, Lessor which shall have received the right to recover from Lesseeprior written approval of Lessor; or (i) if Lessee or any of its subsidiaries disposes of all or a material part of its assets, whether by way one or a series of sale transactions, related or not, other than for the purpose of a reconstruction or amalgamation the terms of which have received the previous consent in writing of Lessor; or (j) if any action shall be taken by Lessee which shall impair the title or ownership of Lessor (or Head Lessor), or the Security Interest of the Secured PropertyBank, in the Aircraft or this Agreement is or becomes wholly or partly invalid, ineffective or unenforceable by reason of any act or omission of Lessee; or (k) if any consent, authorization, license, certificate or approval of or registration with or declaration to any Government Entity in connection with this Agreement including, without limitation: (i) any Certificate of Public Convenience and Necessity; or (ii) required by Lessee or as a condition precedent required by Lessor pursuant to Article 2.3 to authorize, or in connection with, the execution, delivery, validity, enforceability or admissibility in evidence of this Agreement or the performance by means Lessee of execution and levy on a judgmentits obligations under this Agreement; or (iii) the registration of the Aircraft; or (iv) any airline license or air transport license; is changed such that it materially impairs the ability of Lessee to perform its obligations hereunder, or by means of voluntary payment by Lesseeis withheld, or by some combination thereof: (a) all Monthly Rental that is past duerevoked, including any late payment fees due suspended, cancelled, withdrawn, terminated or not renewed, or otherwise ceases to be in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by law.full force; or

Default by Lessee. If Each of the following shall be deemed a default by Lessee fails to make payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee (an "Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive:"): (a) If Lessee, or Parent on behalf of the right Lessee, defaults in the payment of any installment of Rent or other sum to terminate this Agreementbe paid by Lessee, or Parent on behalf of the Lessee, hereunder when due and fails to cure such default within ten (10) days after receiving written notice from Lessor (provided that Lessor will not be obligated to provide more than two such notices in any calendar year, and after providing such notices in any calendar year, Lessor shall not thereafter be obligated to provide further notices to Lessee in such calendar year for a default in the grant payment of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice;Rent). (b) If Lessee defaults in the right performance of any of Lessee’s other covenants, agreements or obligations contained in this Lease, and such default shall not have been cured within thirty (30) days after Lessor shall have given Lessee notice specifying such default; provided, that such 30-day period shall be extended for such additional period of time reasonably necessary for Lessee to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwisecure such default (with such additional period not to exceed 30 days) if such default is not capable of being cured within thirty (30) days so long as Lessee proceeds with due diligence to cure such default; (c) If a voluntary or involuntary petition is filed by or against Lessee or any guarantor of this Lease under any bankruptcy law (including a petition for reorganization, extension of payment, composition or adjustment of liabilities) which is not dismissed within ninety (90) days and, in connection with such bankruptcy proceeding, there is another Event of Default which is not cured by Lessee within the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under time periods permitted by this AgreementLease; (d) the right to If a receiver should be appointed for Lessee or any guarantor of this Lease or if Lessee or any guarantor of this Lease should make any required repairs to assignment for the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement;benefit of creditors; or (e) If Lessee defaults in the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice performance of any kind of its agreements providing funding for Lessee's Improvements, or if Lessee defaults in the performance of its obligations under the Gluconate Patent Rights Agreement dated August 24, 2001 by and without terminating between Lessee and NEC Partnership, and Lessee fails to cure any such default within the time permitted by any such agreements. Upon the occurrence of any Event of Default by Lessee (and following expiration of all applicable cure periods as specified in this AgreementSection 15), in which event Lessor may, but shall be under no obligation toat Lessor’s election, relet all whether or any part not Lessor terminates this Lease, enter into the Premises and repossess the same through exercise of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor legal remedies applicable in the Secured Propertyjurisdiction where the Premises are situated. In the event of any Event of Default, and the failure of Lessee to cure the default within ten (10) days after receiving another written notice from Lessor in addition to any written notice which Lessor is otherwise obligated to provide Lessee in this Section, Lessor shall also have the right to accelerate and declare all Rent due hereunder to be immediately due and payable. Any such actions by Lessor shall not prejudice Lessor’s rights against Lessee for all past due rent, for breach of any term or condition of this Lease, or any other cost or expense resulting from such breach on the part of Lessee. In case of such default and entry by Lessor, Lessor may, without terminating the Lease, relet the Premises for the remainder of the Term to any tenant and may recover from Lessee any deficiency between the amount so obtained and the rent herein provided, and such reletting shall not be considered an acceptance of or a surrender of the Premises by Lessee. Upon the occurrence of any Event of Default, Lessor shall have the right may elect to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and terminate the Lease hereunder)by written notice to Lessee. The rights and remedies of Lessor set forth in this Lease shall be cumulative and exclusive of any other right or remedy at law or in equity, (c) Lessor’s and Lessor shall be entitled to collect from Lessee the reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser collection incurred by Lessor in pursuing its remedies under this Lease upon occurrence of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser an Event of 10% per annum or the maximum allowed by lawDefault.

Default by Lessee. If Lessee fails shall make default in making any payment herein provided for and any such default shall continue for a period of five (5) days, or if Lessee shall make default in the performance of any obligation of Lessee herein (other than as to make payment of money) and any Monthly Rental within five such default shall continue for a period of fifteen (15) days after written notice to Lessee, or if the Leased Premises or any part thereof shall be abandoned, or if Lessee shall file a voluntary petition in bankruptcy, or if Lessee shall file any petition or institute any proceedings under any Insolvency or Bankruptcy Act or any Amendment thereto hereafter made, seeking to effect its reorganization or a composition with its creditors, or if, in any proceedings based on the insolvency of delivery Lessee or relating to bankruptcy proceedings, a receiver or trustee shall be appointed for Lessee or the Leased Premises, or if any proceedings shall be commenced for the reorganization of Lessee, or if the leasehold estate created hereby shall be taken on execution or by any process of law, or if Lessee shall admit in writing its inability to pay its obligations generally as they become due, then Lessor of notice may, at its option, terminate this Lease without notice, and declare all amounts due or to become due hereunder immediately due and payable, and Lessor’s agents and servants may immediately, or any time thereafter, reenter the Leased Premises by reasonably necessary force, summary proceedings, or otherwise, and remove all persons and property therein, without being liable to indictment, prosecution, or damage therefor, and Lessee hereby expressly waives the service of any Monthly Rental that is past duenotice in writing of intention to reenter said Leased Premises. Lessor may, or fails in addition to cure any other default under this Agreement within ten days remedy provided by law or permitted herein, at its option, relet the Leased Premises (on any part thereof) on behalf of delivery by Lessor Lessee, applying any monies collected first to the payment of such defaultexpenses of resuming or obtaining possession, then a “Lessee Event and, second, to the payment of Default” shall exist the costs of placing the premises in rentable condition, including any leasing commission, and, third, to the payment of rent due hereunder, and Lessor shall have any other damages due to the following remedies, which Lessor. Any surplus remaining thereafter shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor paid to Lessee, and Lessee shall remain liable for any deficiency in rental, the amount of which termination deficiency shall be effective as paid upon demand therefor to Lessor. Should Lessor reenter and terminate according to the provisions of this subparagraph, Lessor may remove and store the Lessee’s Property at the expense and for the account of Lessee. Alternatively, Lessor may sell, or cause to be sold, Lessee’s Property at public sale to the highest bidder for cash, and remove from the proceeds of such sale any rent or other payment then due Lessor under this Lease. Any disposition of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but Property pursuant thereto shall be under no obligation to, relet all or any part made in a manner that is commercially reasonable within the meaning of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor as in effect in the Secured Property. In the event State of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment Maryland at the lesser time of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawsuch disposition.

Default by Lessee. If Lessee fails shall make default in making any payment herein provided for and any such default shall continue for a period of ten (10) business days after written notice to Lessee, or if Lessee shall make default in the performance of any obligation of Lessee herein (other than as to payment of money) and any Monthly Rental such default shall continue for a period of thirty (30) days after written notice to Lessee, or if Lessee shall file a voluntary petition in bankruptcy, or if Lessee shall file any petition or institute any proceedings under any Insolvency or Bankruptcy Act or any Amendment thereto hereafter made, seeking to effect its reorganization or a composition with its creditors, or if, in any proceedings based on the insolvency of Lessee or relating to bankruptcy proceedings, a receiver or trustee shall be appointed for Lessee or the Leased Premises, or if any proceedings shall be commenced for the reorganization of Lessee (which, in the case of involuntary proceedings, are not dismissed or stayed within five 30 days of delivery the commencement thereof), or if the leasehold estate created hereby shall be taken on execution or by any process of law, or if Lessee shall admit in writing its inability to pay its obligations generally as they become due, then Lessor of notice may, at its option, terminate this Lease without notice, and declare all amounts due or to become due hereunder immediately due and payable, and Lessor's agents and servants may immediately, or any time thereafter, reenter the Leased Premises by reasonably necessary force, summary proceedings, or otherwise, and remove all persons and property therein, without being liable to indictment, prosecution, or damage therefor, and Lessee hereby expressly waives the service of any Monthly Rental that is past duenotice in writing of intention to reenter said Leased Premises. Lessor may, or fails in addition to cure any other default under this Agreement within ten days remedy provided by law or permitted herein, at its option, relet the Leased Premises (or any part thereof) on behalf of delivery by Lessor lessee, applying any monies collected first to the payment of such defaultexpenses of resuming or obtaining possession, then a “Lessee Event and, second, to the payment of Default” shall exist the costs of placing the premises in rentable condition, including any leasing commission, and, third, to the payment of rent due hereunder, and Lessor shall have any other damages due to the following remedies, which Lessor. Any surplus remaining thereafter shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor paid to Lessee, and Lessee shall remain liable for any deficiency in rental, the amount of which termination deficiency shall be effective as paid upon demand therefor to Lessor. Should Lessor reenter and terminate according to the provisions of this subparagraph. Lessor may remove and store the Lessee's Property at the expense and for the account of Lessee. Alternatively, Lessor may sell, or cause to be sold, Lessee's Property at public sale to the highest bidder for cash, and remove from the proceeds of such sale any rent or other payment then due Lessor under this Lease. Any disposition of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to 's Property pursuant thereto shall be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs subject to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard any lender to the Designated Boat Slip Lessee holding a mortgage on Lessee's Property and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part made in a manner that is commercially reasonable within the meaning of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor as in effect in the Secured Property. In the event State of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment Virginia at the lesser time of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawsuch disposition.

Default by Lessee. If Lessee fails to make default shall be made in the payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed sum to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults paid by Lessee under this AgreementLease (no notice being required for default in payment of Base Annual Rental), with all or default shall be made in the performance of any of the other such sums expended being deemed covenants or conditions which Lessee is required to observe and to perform, and such non-monetary default shall continue for twenty (20) days after written notice to Lessee (said notice to be included among given pursuant to Section 34), or if the past due Monthly Rental interest of Lessee under this Agreement;Lease or any other property of Lessee shall be levied on under execution, attachment, or other legal process, or if a petition is filed or other action taken by or against Lessee in connection with a voluntary or involuntary case under the Federal bankruptcy laws, as now constituted or hereafter amended, or any other applicable federal or state bankruptcy, insolvency or similar laws, or if any petition shall be filed by or against Lessee to delay, reduce or modify Lessee's debts or obligations, or if any petition shall be filed or other action taken to reorganize, modify, wind-up, liquidate, or dissolve Lessee's capital structure if Lessee be a corporation, partnership or other entity, or if Lessee be declared insolvent according to law, or if Lessee generally fails to pay its debts as they become due, or if assignment of Lessee's property shall be made for the benefit of creditors, or if a receiver, trustee, liquidator, assignee, custodian, sequestrator (or similar official) is appointed for Lessee or its property, or if Lessee shall abandon the Leased Premises during the term of this Lease or any renewals or extensions thereof (which shall mean that Lessee is absent from the Leased Premises for three (3) consecutive days [Saturdays, Sundays and holidays excluded] while Lessee is in default in the payment of any sum to be paid by Lessee hereunder), then Lessor may treat the occurrence of any one or more of the foregoing events as a breach of this Lease (provided that no such levy, execution, legal process or petition filed against Lessee shall constitute a breach of this Lease if Lessee shall vigorously contest the same by appropriate proceedings and shall remove or vacate the same within thirty (30) days from the date of its creation, service or filing) and thereupon, Lessor at its option, may have any one or more of the following described remedies in addition to all other rights and remedies provided herein or at law or in equity, all or which shall be cumulative: (e1) Lessor may terminate this Lease and forthwith repossess the Leased Premises and expel or remove Lessee or any other person who may be occupying the Leased Premises, by force if necessary, without being liable for prosecution or any claim of damages therefor, the same being waived by Lessee, and Lessee agrees to pay to Lessor, on demand, and Lessor shall be entitled to recover forthwith, as liquidated damages, a sum of money equal to the total of (i) the right cost of recovering the Leased Premises (including attorneys' fees and court costs), (ii) the unpaid rent earned and other sums due Lessor at the time of termination, plus interest thereon at the maximum lawful contract rate, (iii) the then present value of the balance of the rent for the remainder of the term (had such Lease not been terminated) less the then present value of the then fair rental value of the Leased Premises for such period (discounted at the rate of 10 percent per annum) and (iv) any other sum of money and damages owed by Lessee to Lessor, including the costs incurred by Lessor in removing Lessee's property and restoring the Leased Premises as required hereby. (2) Lessor may terminate Lessee’s rights 's right of possession with regard to (but not the Designated Boat Slip Lease) and all appurtenances theretoexpel or remove Lessee or any other person who may be occupying the Leased Premises, by force if necessary, without being liable for prosecution or any claim of damages therefor, the same being waived by Lessee, or may repossess the Leased Premises by forcible entry or detainer suit or otherwise, without demand or notice of any kind to Lessee and without terminating this AgreementLease, in which event Lessor may, but shall be under no obligation toso to do, relet all the same or any part thereof either in Landlord's name or otherwise, for a term or terms, which at Lessor's option, be less than or exceed the balance of the Designated Boat Slip term of this Lease, and for credit such rent and upon such other terms as shall be satisfactory to Lessee’s accountLessor, on and receive the rent therefor and apply such terms rent to the rent and conditions as other sums due Lessor hereunder, including costs incurred by Lessor in its sole discretion reletting. For the purpose of such reletting, Lessor is authorized to decorate or to make any repairs, changes, alterations or additions in or to Leased Premises that may be necessary or convenient, and if Lessor shall deem appropriate; andfail or refuse to relet the Leased Premises, or if the same are relet and a sufficient sum shall not be realized from such reletting after paying the following items (which shall be due to Lessor by Lessee): (fi) the right to exercise Lessor’s rights under unpaid Base Rent and Additional Rent due hereunder earned but unpaid at the Texas Uniform Commercial Code with regard to the security time of reletting plus interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment thereon at the lesser of 818% per annum or the maximum allowed lawful contract rate, (ii) the cost of recovering possession (including attorneys' fees and court costs); and (iii) all of the costs and expenses of such decorations, repairs, changes, alterations and additions and the expense of such reletting (including broker fees, advertising costs, and costs incurred in removing and storing Lessee's or other occupants property) and of the collection of the rent accruing therefrom; to satisfy the rent and other sums provided for in this Lease to be paid, then Lessee shall pay to Lessor as damages a sum equal to the amount of the rental reserved in this Lease for such period or periods, or if the Leased Premises have been relet, the Lessee shall satisfy and pay any such deficiency upon demand therefor from time to time and Lessee agrees that Lessor may file suit to recover any sums falling due under the terms of this Section 25 (2) from time to time, and that no delivery or recovery of any portion due Lessor hereunder shall be any defense to any subsequent action brought for any amount not theretofore reduced to judgment in favor of Lessor, nor shall such reletting be construed as an election on the part of Lessor to terminate this Lease unless a written notice of such intention be given to Lessee by Lessor. In no event shall Lessee be entitled to any excess of rent (or rent plus other sums) obtained by reletting over and above the rent and other sums owed Lessor under this Lease. Notwithstanding any such reletting without termination, Lessor may at any time thereafter elect to terminate this Lease for such previous breach. (3) Alter locks and other security devices at the Leased Premises. No act or thing done by the Lessor or its agents during the term hereby granted shall be deemed an acceptance of a surrender of the Leased Premises, whether by agreement or operation of law, it being understood that such surrender can be effected only by the written agreement by Lessor and (e) postLessee. Receipt by Lessor of Lessee's keys to the Leased Premises shall not constitute an acceptance of surrender of the Leased Premises. No alteration of security devices and no removal or other exercise of dominion by Lessor over the property of Lessee or others at the Leased Premises shall be deemed unauthorized or constitute a conversion, Lessee hereby consenting after any default by Lessee in its obligations hereunder or failure of Lessee to timely perform the same or breach by Lessee of any of the terms, covenants, conditions or agreements herein contained, to the aforesaid exercise of dominion over Lessee's property within the Building. All claims for damages by reason of such re-entry and/or repossession and/or alteration of locks or other security devices are hereby waived as are all claims for damages by reason of any distress warrant, forcible detainer proceedings, sequestration proceedings or other legal process. Lessee agrees that any re-entry by Lessor may be pursuant to judgment interest at lesser obtained, forcible detainer proceedings or other legal proceedings or without the necessity for legal proceedings, as Lessor may elect and Lessor shall not be liable in trespass or otherwise. In the event Lessor terminates the lease or takes possession of 10% per annum the Leased Premises as provided above, the Lessor shall not be obligated to relet the Leased Premises, nor shall Lessor be liable in any way whatsoever for failure to relet the Leased Premises or any part thereof, or in the maximum allowed event that the Leased Premises are relet, Lessor shall not be liable for failure to collect the rent thereof under such reletting, but Lessor shall have the option to relet, or attempt to relet, and in the event of reletting, Lessor may relet the whole or any part of the Leased Premises for any period, to any tenant, for any purpose. Lessee hereby expressly waives any and all rights of redemption granted by lawor under any present or future laws in the event of the Lessor's obtaining possession of the Leased Premises.

Default by Lessee. 1. Any of the following occurrences or acts shall constitute an "Event of Default" under this Agreement: a. If Lessee fails at any time during the Term (and regardless of the pendency of any bankruptcy, reorganization, receivership, insolvency or other proceedings, in law, in equity or before any administrative tribunal which have or might have the effect of preventing Lessee from complying with the terms of this Agreement) shall fail (1) to make payment of any Monthly Rental within five days installment of delivery by Lessor of notice Base Rent, Percentage Rent or of any Monthly Rental other payment herein specified to be paid by Lessee, when due; or (2) to observe or perform any of Lessee’s other covenants, agreements or obligations hereunder; and if any such default shall not be cured as to any default referred to in clause (1) within three (3) days after receipt of written or telegraphic notice thereof by Lessee or as to any default referred to in clause (2) with the exception of an abandonment which shall have no applicable cure period, within fifteen (15) days after District shall have given to Lessee written notice specifying such default (or, in the case of any default referred to in clause (2) which cannot with diligence be cured within such fifteen-day period, if Lessee shall fail to proceed promptly to cure the same and thereafter prosecute the curing of such default with diligence, it being intended, in connection with a default not susceptible of being cured with diligence within such fifteen-day period, that is past the time within which to cure the same shall be extended for such period as may be necessary to complete the curing of the same with diligence); or, b. If Lessee shall file a petition in bankruptcy or for reorganization or for any arrangement pursuant to any present or future federal bankruptcy act or under any similar federal or state law, or shall be adjudicated as bankrupt or insolvent or shall make an assignment for the benefit of its creditors or shall admit in writing its inability to pay its debts generally as they become due, or fails to cure if a petitioner or answer proposing the adjudication of Lessee as bankrupt or its re-organization under any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which present or future federal bankruptcy act or any similar federal or state law shall be cumulative rather than exclusive:filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or (a) the right to terminate this Agreementc. If a receiver, and the grant trustee or liquidator of Lessee or of all or substantially all of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination property of Lessee or of the Premises shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and appointed in any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment proceeding brought by Lessee, or by some combination thereof: if any such receiver, trustee or liquidator shall be appointed in any proceeding brought against Lessee and if such receiver, trustee or liquidator shall not be discharged within sixty (a60) all Monthly Rental that is past days after such appointment, or if Lessee shall acquiesce in or consent to such appointment; or d. If Lessee shall be liquidated or dissolved or shall begin proceedings toward its liquidation or dissolution; or e. If Lessee shall fail: i. To timely pay any taxes when due; or ii. To observe or perform any of Lessee’s other covenants, including Agreements or obligations under any late payment fees due in connection therewith, (b) all Monthly Rental Agreement with District relating to come due during the remainder taxes; or f. If Lessee shall commit or suffer to be committed any waste or impairment of the Term (assuming that Lessor has not terminated Premises or any part thereof; or g. If Lessee shall alter the improvements in any manner, except as expressly permitted by this Agreement; or h. If Lessee shall fail to maintain insurance as required by this Agreement; or i. If Lessee shall engage in any financing except as permitted by the terms of this Agreement, or any other transaction creating any mortgage on the Premises, or place or suffer to be placed thereon any lien or other encumbrance, or suffer any levy or attachment to be made thereon; or j. If Lessee uses the Premises for purposes other than those provided for in this Agreement and without the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs prior written approval of court, (d) preDistrict; or k. If Lessee fails to be open for business on the Premises for more than seventy-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by law.two

Default by Lessee. If Lessee fails to make shall, at any time, be in default of the payment of either rent or any Monthly Rental within five payments required of Lessee hereunder or any part thereof, for more than ten (10) days after the same shall be due hereunder, regardless of delivery whether demand has been made therefor, or if Lessee shall be in default of any of the other covenants and conditions of this Lease to be kept, observed, and performed by Lessee for more than thirty (30) days after the giving of written notice by Lessor to Lessee of notice of any Monthly Rental that is past duesuch default or if Lessee shall be adjudged a bankrupt, or fails to cure any other default under this Agreement if a receiver or trustee shall be appointed and shall not be discharged within ten thirty (30) days of delivery by Lessor from the date of such defaultappointment, then a “Lessee Event of Default” shall exist and in any such events Lessor shall have may re-enter the following Leased Premises by summary proceedings or otherwise, and thereupon may expel all persons and remove all property therefrom, without becoming liable to prosecution therefor, and may, among other remedies, which shall be cumulative rather than exclusiveelect: (a) To relet the right to terminate this Agreement, and Leased Premises as the grant agent of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and reserve the rent therefrom, applying the same first to the payment of the reasonable expense of such re-entry, and then to the payment of the rent accruing hereunder; but whether or not the Leased Premises are relet, Lessee shall remain liable for the equivalent of all rent and other charges provided for under this Lease, plus the cost of reletting, if any, which termination said amount shall be effective due and payable to Lessor as of damages, or rent, as the date of such notice;case may be, on the successive monthly rent days herein above provided; or (b) To terminate this Lease and immediately resume possession of the right to immediately Leased Premises, wholly discharged from any obligations under the Term, and may re-enter upon and repossess the Designated Boat Slip Leased Premises, free from any and all appurtenances thereto, by forcible entry and detainer suit, claims on the part of Lessee. Termination of this Lease does not discharge or otherwise; (c) in any way affect Lessee's obligation to pay Lessor all the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental rents or other charges or payments accruing under this Agreement; (d) the right to make any required repairs Lease up to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights date of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawtermination.

Default by Lessee. If Lessee fails to make payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: 1 (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any failure of Lessee to pay any rent or other sums when due hereunder, or if this Lease or any portion of Lessee's interest hereunder be assigned or the Demised Premises or any portion thereof be sublet, either voluntarily or by operation of law, except as herein provided, or if Lessee shall be in breach of its obligation included under Article VII, paragraph 1 of this Lease, or if Lessee shall be in breach of its obligations included under Article VIII, Paragraph 3 or if Lessee defaults in performing any of the other terms, conditions or covenants of this Lease to be observed or performed by Lessee for more than three (3) days after notice of such default has been given to Lessee, or if Lessee or an agent of Lessee shall falsify any report required to be furnished to Lessor pursuant to the terms of this Lease, or suffer this Lease to be taken under any writ of execution, then, and in any one or more of such events (herein "Event OF DEFAULT"), Lessor shall have the immediate right to reenter the Demised Premises, either by summary proceedings, by force or otherwise, and to dispossess Lessee and all other occupants therefrom and remove and dispose of all property therein or at Lessor's election, to store such property in a public warehouse or elsewhere at the cost of, and for the account of Lessee, all without service of any notice of intention to reenter and with or without resort to legal process (which Lessee hereby expressly waives) and without Lessor being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Upon the occurrence of any such Event of Default, Lessor shall also have the right, at its option, in addition to and not in limitation of any other right or remedy, to recover from Lesseeterminate this Lease by giving Lessee three (3) days notice of cancellation and upon the expiration of said three (3) days, whether this Lease and the term hereof shall end and expire as fully and completely as if the date of expiration of such three (3) day period were the date herein definitely fixed for the end and expiration of this Lease and the term hereof and thereupon, unless Lessor shall have theretofore elected to reenter the Demised Premises, Lessor shall have the immediate right of reentry, in the manner aforesaid, and Lessee and all other occupants shall quit and surrender the Demised Premises to Lessor, but Lessee shall remain liable as hereinafter provided; provided, however, that if Lessee shall default (i) in the timely payment of any Minimum Rent or any item of additional rent payable hereunder or in the timely reporting of Adjusted Gross Sales as required by way of sale of the Secured PropertyArticle III hereof and any such default shall continue or be repeated for two (2) consecutive months, or by means for a total of execution and levy on a judgmentfour (4) months in any period of twelve (12) months, or by means (ii) in the performance of voluntary payment by Lesseeany other covenants of this Lease more than six (6) times, or by some combination thereof: in the aggregate, in any period of twelve (a12) all Monthly Rental months then, notwithstanding that is past duesuch defaults shall have been cured within the period after notice as above provided, including any late payment fees due in connection therewith, further similar default shall be deemed to be deliberate and Lessor thereafter may serve said three (b3) all Monthly Rental day notice of cancellation without affording to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawLessee an opportunity to cure such further default.

Default by Lessee. If If, with respect to any Site Space, Lessee fails to make payment of pay rent hereunder within ten (10) days after Lessor provides Lessee with a written notice regarding such breach, or Lessee breaches Section 5(d) above by not ceasing any Monthly Rental objectionable interference at a Premises Site within five three (3) days of delivery by after Lessor of provides Lessee with notice of any Monthly Rental that is past duesuch interference, or Lessee fails to cure comply with any other default under term of this Agreement Lease and does not cure such other failure within ten thirty (30) days of delivery by after Lessor of provides Lessee with a written notice regarding the applicable breach or for such default, then a “longer period not to exceed one hundred eighty (180) days if Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) the right is using commercially reasonable efforts to terminate this Agreementcure such breach, and the grant of the Lease provided that Lessee is not otherwise excused from performing hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right option (i) (x) if such default is a default in the payment of rent, to recover from Lessee, whether by way of sale of terminate this Lease as to the Secured Property, subject Site Space or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) to terminate this Lease as to all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by lawSite Spaces, and (ey) postif such default is a default other than a default in the payment of rent, to terminate this Lease only as to the subject Site Space, in which event Lessee shall surrender possession of such Site Space(s) within thirty (30) days after Lessor's delivery of a termination notice, and (ii) to pursue any other remedy available to Lessor under this Lease or otherwise provided by law or equity with respect to such Site Spaces. Lessee shall be liable for reasonable expenses incurred by Lessor for its recovery and repossession of the Site Space in accordance with the provisions hereof. Repossession by Lessor shall terminate this Lease as to such repossessed Site Space, including terminating all further rental and other obligations of Lessee for the unexpired term with respect to such Site Space, but any such termination shall not mitigate or abate any payment obligation under Section 2(c) above if appxxxxxle. Lessor shall use its commercially reasonable efforts to re-judgment interest at lesser of 10% per annum or the maximum allowed by lawlease any Site Space for which this Lease has been so terminated, and Lessor shall use commercially reasonable efforts to mitigate Lessor's damages and related costs.

Default by Lessee. If Lessee fails to make shall default in the payment of any Monthly Rental Rent or other sum to be paid by Lessee under this Lease when due; provided, however that Lessor shall not declare Lessee in default so long as any Rent due is paid within five (5) days of delivery by Lessor of the due date. Lessor's obligation to provide Lessee with such five (5) day notice shall not affect Lessee's obligation to pay any late charges set forth in Section 4.07. If Lessee shall default in the performance of any Monthly Rental that of the other covenants or conditions which Lessee is past due, or fails required to cure any other default observe and to perform under this Agreement within ten Lease and such default shall continue for thirty (30) days after written notice to Lessee; or the interest of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which under this Lease shall be cumulative rather than exclusive: levied on under execution or other legal process; or any petition shall be filed by or against Lessee to declare Lessee a bankrupt or to delay, reduce or modify Lessee's debts or obligations; or any petition shall be filed or other action taken to reorganize or modify Lessee's debts or obligations: or any petition shall be filed or other action taken to reorganize or modify Lessee's capital structure; or Lessee is declared insolvent according to law; or any assignment of Lessee's property shall be ioade for the benefit of creditors; or if a receiver or trustee is appointed for Lessee or its property; or Lessee shall vacate or abandon the Leased Premises or any part thereof at any time during the Term for a period of fifteen (15) or more continuous days; or Lessee is a corporation and Lessee shall cease to exist as a corporation in good standing in the State of its incorporation; or Lessee is a partnership or other entity and Lessee shall be dissolved or otherwise liquidated; then Lessor may treat the occurrence of any one or more of the foregoing events as a breach of this Lease (provided, no such levy, execution, legal process or petition filed against Lessee shall constitute a breach of this Lease if Lessee shall vigorously contest the same by appropriate proceedings and shall remove or vacate the same within thirty (30) days from the date of its creation, service or filing). Thereupon, at Lessor's option and in addition to all other rights and remedies provided at law or in equity, Lessor may terminate this Lease and repossess the Leased Premises and be entitled to recover as damages a sum of money equal to the total of (a) the right to terminate this Agreementcost of recovering the Leased Premises (including reasonable attorneys' fees and costs of suit), and (b) the grant unpaid rent earned at the time of termination, (c) the present value (discounted at the rate of eight percent (18%) per annum) of the Lease hereunderbalance of the rent for the remainder of the Term less the present value (discounted at the same rate of the fair market rental value of the Leased Premises for said period, which termination right may be exercised by written notice (d) the amount of any unamortized leasing commissions or any allowances or concessions previously made by Lessor to Lessee, (e) any other sum of money, and which termination shall be effective as of the date of such notice; damages owed by Lessee to Lessor and (f) interest on (a) (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; and (e) above at the right to terminate Lessee’s rights rate of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% eighteen percent (18%) per annum or the maximum highest rate allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by applicable law.

Default by Lessee. If (a) default shall be made in the timely payment of any sum to be paid by Lessee under this Lease, or (b) default shall be made in the performance of any of the other covenants or conditions which Lessee is required to observe and to perform and such default shall continue for twenty (20) days after written notice is delivered to Lessee or deposited in the u. s. Mail addressed to Lessee's address above, or (c) the interest of Lessee under this Lease shall be levied on under execution or other legal process, or any petition shall be filed by or against Lessee to declare Lessee bankrupt or to delay, reduce or modify Lessee's debts or obligations, or any petition under the Bankruptcy Code shall be filed or other action taken to reorganize or modify Lessee's capital structure, or Lessee be declared insolvent according to law, or any general assignment of Lessee's property shall be made for the benefit of creditors, or a receiver or trustee is appointed for Lessee or its property, and provided that Lessee fails to make payment of vigorously contest any Monthly Rental such levy, execution, legal process or petition filed against Lessee and to cause same to be removed, dismissed or vacated within five thirty (30) days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of from the date of such notice;its entry or filing, or (d) Lessee shall vacate or abandon the Premises, and is in monetary default, or (e) if Lessee shall be a corporation and Lessee shall thereafter cease to exist as a corporation in good standing in the State of Texas, or (f) if Lessee shall be a partnership or other entity and Lessee shall be dissolved or otherwise liquidated, then Lessor may treat the occurrence of anyone or more of the foregoing events as a breach of this Lease and thereupon, at Lessor's option, Lessor may have anyone or more of the following described remedies, .in addition to all other rights and remedies provided at law or in equity: A. Lessor may terminate this Lease and forthwith repos-sess the Premises and be entitled to recover (bi) the cost of recovering the Premises, including the reasonable cost of the removal and storage of any of Lessee's possessions left within the Premises, (ii) the unpaid rent earned at the time of termination, plus interest thereon at the highest lawful rate from the due date, (iii) the balance of the rent for the remainder of the Term less the present fair market net rental value of the Premises for said period and (iv) any other sum of money and damages owed by Lessee to Lessor. X. Xxxxxx may terminate Lessee's right to immediately enter upon of possession, and repossess the Designated Boat Slip and all appurtenances thereto, Premises by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, suit without demand or notice of any kind to Lessee and without terminating this AgreementLease, in which event Lessor may, but shall be under have no obligation to, relet the same for the account of Lessee, for such rent and upon such terms as shall be satis- factory to Lessor. For the purpose of such reletting, Lessor is authorized to decorate or make any repairs, changes, alterations or additions in or to the Premises that may be necessary. If (i) Lessor shall fail to relet the Premises, or (ii) the same are relet and a sufficient sum shall not be realized from such rcletting to pay the due and unpaid Base Rent and Additional Rent, the accrued interest thereon, the cost of recovering possession, the costs and expenses of all decorations, repairs, changes, alterations and additions deemed necessary in the reasonable judgment of Lessor and the expense of such reletting and of the collection of the rent accruing therefrom, then Lessee shall pay to Lessor as damages a sum equal to the amount of the rent provided for in this Lease for such period or periods, or if the Premises have been relet, the Lessee shall satisfy and pay any such deficiency upon demand therefor from time to time. Lessee agrees that Lessor may file one or more suits to recover any sums falling due under the terms of this section from time to time. No such re letting shall be construed as an election on the part of Lessor to terminate this Lease unless a written notice of such intention is given to Lessee by Lessor. Notwithstanding any such reletting without termination, Lessor may at any time thereafter elect to terminate this Lease for such previous breach. X. Xxxxxx may change the Designated Boat Slip for credit locks on the Premises and not return the new key to Lessee’s accountLessee unless the Lessee cures the default; the Lessor will not have to give the Lessee a new key unless the Lessee cures all defaults; provided, on however, that in any such terms instance, during Lessor's normal business hours and conditions at the convenience of Lessor, and upon the written request of Lessee accompanied by such written waivers and releases as Lessor in may require, Lessor will escort Lessee or its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard authorized personnel to the security interest granted Premises to Lessor retrieve any personal belongings or other property of Lessee; and the new key will only be provided during the Lessor's regular business hours. D. Notwithstanding anything contained in this Section 28 to the Secured Property. In contrary, in the event of any Lessee Event of Defaultdefault by Lessee, Lessor shall have the right use reasonable efforts to recover from mitigate its damage or any losses incurred by Lessor as a result of Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by law's default.

Default by Lessee. If Lessee shall at any time be in default in the payment of rent or other charges or in the performance of any of its agreements hereunder, and if such default relates to the payment of money, shall fail to remedy it within ten (10) days after written notice from Lessor, or if the default relates to matters other than the payment of money, fails to make payment commence to remedy it within thirty (30) days after written notice from Lessor and thereafter diligently to pursue correction thereof, or if a receiver of any Monthly Rental within five days property of delivery by Lessor of notice of any Monthly Rental that is past dueLessee on the Premises be appointed, or Lessee's interest in the Premises is levied upon by legal process, or Lessee be adjudged bankrupt, and Lessee fails within thirty (30) days to cure any other default under this Agreement within ten days of delivery by Lessor commence, and thereafter diligently to pursue proceedings for the vacation of such defaultappointment, then a “levy or adjudication, or if Lessee Event shall dispose of Default” shall exist all or substantially all of its assets in bulk, or make an assignment for the benefit of its creditors, then, and in any such instance, without further notice to Lessee, Lessor shall have may enter upon the following remediesPremises notwithstanding the provisions of this Lease, which shall be cumulative rather than exclusiveand in the event of such entry, Lessor may either: (a) Terminate this Lease, in which event the obligations of Lessee hereunder shall cease, without prejudice however to the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of recover from Lessee for rent or otherwise to the date of entry, and in addition, as liquidated damages, a sum equal to any deficiency between the then rental value of the Premises for the unexpired portion of the term and the rent provided for that period, discounted at four per cent (4%) per annum to present net worth, plus the reasonable estimated expenses of reletting. If Lessee be adjudicated a bankrupt, Lessor shall in lieu of such notice;liquidated damages be allowed a claim in the bankruptcy proceeding for future rent to the extent permitted by bankruptcy laws; or (b) Enter upon the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and Premises without terminating this Agreement, Lease and relet them in which event Lessor may, but shall be under no obligation to, relet all or any part its own name for the account of Lessee for the remainder of the Designated Boat Slip term (and thereafter for credit its own account) at the highest rent then attainable, and make such alterations and repairs as may be necessary to effect reletting, and immediately recover from Lessee any deficiency for the balance of the term between the amount for which the Premises were relet and the rent provided hereunder discounted at four per cent (4%) per annum to present net worth plus any expense of reletting or alteration. Upon any such entry, Lessor may remove all persons and property from the Premises, and such property may be removed and stored at a public warehouse or elsewhere at the cost of and for the account of Lessee’s account, on such terms all without service of notice or resort to legal process (all of which Lessee expressly waives), and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Propertywithout being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. In the event of any Lessee Event of DefaultUpon default by Lessee, Lessor shall have a lien for the right payment of all sums agreed to recover from be paid by Lessee hereunder upon all Lessee, whether 's property and Lessee agrees to execute and deliver such financing statements as may be required by way of sale of the Secured Property, or by means of execution law to confirm and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawperfect such lien.

Default by Lessee. If Lessee defaults in the payment of any sum of money to be paid under this Lease and such default continues for a period of ten (10) days after written notice to Lessee of such default; or if Lessee fails to make payment of perform any Monthly Rental within five days of delivery covenant or condition required to be performed by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement Lessee which failure shall not be remedied within ten (10) days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written after notice thereof by Lessor to Lessee; or if Lessee shall dissolve, make or commit any act of bankruptcy, or if any proceeding under any bankruptcy or insolvency statute of any laws relating to relief of debtors is commenced by Lessee, or if any such proceeding is commenced against Lessee and which termination same shall be effective as not have been removed within thirty (30) days of the date of such noticethe filing thereof, or if a receiver, trustee or liquidator is appointed for Lessee or for all or a substantial part of Lessee's assets with Lessee's consent, of if, without Lessee's consent, the same shall not have been removed within thirty (30) days of the date of the appointment thereof; or if an order, judgment or decree be entered by a court of competent jurisdiction and continue unpaid and in effect for any period of thirty (30) consecutive days without a stay of execution; or if a writ of attachment or execution is levied on any car and is not discharged within ten (10) days thereafter, Lessor may exercise one or more of the following remedies with respect to the cars: 1. Immediately terminate this Lease and Lessee's right hereunder; (b) 2. Require Lessee to return the right cars to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessor at Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring's expense, and if Lessee fails to store Lessee’s Craft (and so comply. Lessor may take possession of such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, cars without demand or notice of any kind and without terminating this Agreementcourt order or legal process. Lessee hereby waives any damages occasioned by such taking of possession whether or not Lessee was in default at the time possession was taken, so long as Lessor reasonably believes that Lessee was in which event default at such time; Lessee acknowledges that it may have a right to notice of possession and the taking of possession with a court order or other legal process. Lessee, however, knowingly waives any right to such notice of possession and the taking of such possession without court order or legal process; 3. Lease the cars to such persons, at such rental and for such period of tine as Lessor mayshall elect. Lessor shall apply the proceeds from such leasing, but less all costs and expenses incurred in the recovery, repair, storage and renting of such cars, toward the payment of Lessee's obligations hereunder. Lessee shall remain liable for any deficiency, which, at Lessor's option, shall be under no obligation topaid monthly, relet all as suffered, or any part immediately or at the end of the Designated Boat Slip Lease term as damages for credit Lessee's default; 4. Bring legal action to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted recover all rent or other amounts then accrued or thereafter accruing from Lessee to Lessor in the Secured Propertyunder any provision hereunder; 5. Pursue any other remedy which Lessor may have. Each remedy is cumulative and may be enforced separately or concurrently. In the event of default, Lessee shall pay to Lessor upon demand all costs and expenses including reasonable attorneys' fees expended by Lessor in the enforcement of it rights and remedies hereunder, and Lessee shall pay interest on any amount owing to Lessor from the time such amount becomes due hereunder at a rate per annum equal to three percentage points above the prime rate of Chase Manhattan Bank (or its successor), such rate to be reduced, however, to the extent it exceeds the maximum rate permitted by applicable law. In addition, Lessee Event of Defaultshall, without expense to Lessor, assist Lessor shall have in repossessing the right to recover from Lesseecars and shall, whether by way of sale for a reasonable time if required, furnish suitable trackage space for the storage of the Secured Propertycars. If Lessee fails to perform any of its obligations hereunder, Lessor, at Lessee's expense, and without waiving any rights it may have against Lessee for such nonperformance, may itself render such performance. Lessee shall reimburse Lessor on demand for all sums so paid by Lessor on Lessee's behalf, together with interest at a rate equal to three percentage points above the prime rate of Chase Manhattan Bank (or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunderits successor), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of courtsuch rate to be reduced however, (d) pre-judgment at to the lesser of 8% per annum or extent it exceeds the maximum allowed rate permitted by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by applicable law.

Default by Lessee. If Lessee fails to make payment The occurrence of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusiveconstitute a "Default" and a material breach of this Lease by the Lessee: (a) the right Lessee fails to terminate this Agreementpay any rent or other amount due hereunder when due, and the grant of the Lease hereunder, which termination right may be exercised by where such failure continues for five (5) days after written notice by thereof from Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) Any failure by Lessee to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Lessee where such failure continues for thirty (30) days after written notice thereof from Lessor to Lessee; provided that if the right nature of such default is such that the same cannot reasonably be cured within a thirty (30) day period, Lessee shall not be deemed to immediately enter upon be in default if it shall commence such cure within such period and repossess the Designated Boat Slip thereafter rectify and all appurtenances thereto, by forcible entry and detainer suit, or otherwisecure said default with due diligence; (c) Lessee shall breach the right to remove Supply Agreement dated on or about the date hereof (the "Supply Agreement") by and among the Lessee’s Craft , Southern Slope, Inc., a Nevada corporation ("Southern Slope") and any personal property then inside Lessee’s Craft Black Rock Ag., Inc., an Idaho corporation ("Black Rock") where such breach shall continue for fifteen (15) days after written notice of the same from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely Southern Slope or Black Rock to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) An assignment by Lessee for the right to make benefit of its creditors; or the filing of a voluntary or involuntary petition by or against Lessee under any required repairs to law for the Designated Boat Slippurpose of adjudicating Lessee as bankrupt, or for extending time for payment, adjustment or satisfaction of Lessee's liabilities, or the reorganization, dissolution, or arrangement on account of or to expend any prevent bankruptcy or insolvency of Lessee; unless the assignment or proceedings, and all orders, adjudications, custodies and supervision are dismissed, vacated or otherwise permanently stayed or terminated within sixty (60) days after the assignment, filing or other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreementinitial event; (e) An assignment by Flight Safety Technologies, Inc., a Nevada corporation ("Flight Safety") for the right benefit of its creditors; or the filing of a voluntary or involuntary petition by or against Flight Safety under any law for the purpose of adjudicating Flight Safety as bankrupt, or for extending time for payment, adjustment or satisfaction of Flight Safety's liabilities, or the reorganization, dissolution, or arrangement on account of or to terminate Lessee’s rights prevent bankruptcy or insolvency of possession with regard to Flight Safety; unless the Designated Boat Slip assignment or proceedings, and all appurtenances theretoorders, without demand adjudications, custodies and supervision are dismissed, vacated or notice of any kind and without terminating this Agreementotherwise permanently stayed or terminated within sixty (60) days after the assignment, in which event Lessor may, but shall be under no obligation to, relet all filing or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriateother initial event; andor (f) Any shares of Series A Convertible Preferred Stock of Flight Safety acquired by Cummins Family Limited Partnership, L.P., an Idaho corporation (the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard "Purchaser") pursuant to the security interest granted to Lessor in Purchase Agreement executed on or about the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether date hereof by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement between Flight Safety and the Lease hereunder), Purchaser (cthe "Purchase Agreement") Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) preshall be or become non-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawvoting for any reason.

Default by Lessee. If Lessee fails to make shall default in the payment of any Monthly Rental within five rents reserved hereunder for more than ten (10) days of delivery by Lessor of notice following the due date, or in the payment of any Monthly Rental that additional rental amounts or sums which Lessee agrees to pay pursuant to the terms and provisions of this Lease for more than ten (10) days following the due date (or if no due date is past duestated, for more than ten (10) days following written demand); or fails if any execution, attachment or other process shall be issued against Lessee or any of Lessee’s property by which the Premises could be taken, occupied or attempted to cure be taken and occupied by someone other than Lessee; or if Lessee shall default under any of the terms and conditions of this Lease; Lessor, in addition to any other default under this Agreement within ten days of delivery by Lessor of such defaultremedies available at law or in equity, then a “Lessee Event of Default” shall exist and Lessor shall have be entitled, at Lessor’s election, to the following remedies, which shall be cumulative rather than exclusive: (a) a. Lessor may, in accordance with Florida law, re-enter the right to terminate this AgreementPremises and dispossess Lessee or its legal representatives, successors or assigns, and remove the grant personal property of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove at Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreementexpense, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover immediately collect from Lessee the full amount of all rent and other charges which are due or are to become due to Lessor for the remaining unexpired term of the Lease; or, x. Xxxxxx may take possession of the Premises and sublease the same for the benefit of Lessee and collect from the Lessee all expenses of Lessor in retaking, repairing, modifying, advertising and re-letting the Premises, together with any shortfall in the amounts due and owing to Lessor pursuant to this Lease. In the event that Lessor shall re-lease the Premises for the benefit of Lessee, whether Lessor shall apply any rents received from any sublessee in the following order: (i) the costs, including court costs and reasonable attorneys’ fees, of expelling Lessee from the Premises; (ii) the costs of advertising the Premises for rent; (iii) the costs of any repairs or modifications necessary to place a sublessee within the Premises; (iv) the repair of any damage to the Premises caused by way of sale Lessee; and (v) the payment of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees rental amounts due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated under this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawLease.

Default by Lessee. If Lessee fails to make payment 18.01. The occurrence of any Monthly Rental within five days one or more of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event the following events ("Events of Default” ") shall exist constitute a material default and Lessor shall have the following remedies, which shall be cumulative rather than exclusivebreach of this Lease by Lessee: (a) the right With (10) ten days written notice from Lessor, any failure by Lessee to terminate this Agreement, and the grant of the Lease pay any rental or any other sum required to be paid by Lessee hereunder, which termination right may as and when the same becomes due and payable. (b) Any failure by Lessee to observe and perform any other provision of this Lease to be exercised observed or performed by Lessee, where such failure continues for ten (10) days after written notice thereof by Lessor to Lessee; provided, and which termination shall be effective as of however, that if the date nature of such notice; default is such that it cannot reasonably be cured within such ten (b10) day period, Lessee shall not be deemed to be in default if Lessee shall within such period commence such cure and thereafter diligently prosecute the right same to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise;completion. (c) The making by Lessee of any general assignment or general arrangement for the right benefit of creditors; the filing by or against Lessee of a petition to remove have Lessee adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee’s Craft , the same is dismissed within ninety (90) days); the appointment of a trustee or receiver to take possession of substantially all of Lessee's interest in this Lease, where possession is not restored to Lessee within sixty (60) days; or the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Demised Premises or of Lessee's interest in this Lease, where such seizure is not discharged within forty-five (45) days. 18.02. Any notice given under this Article shall specify the Event of Default and any personal property then inside Lessee’s Craft from its mooringthe applicable lease provisions, and to store Lessee’s Craft (and shall demand that Lessee perform the provisions of this Lease, within the applicable period of time. No such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all deemed a forfeiture or any part a termination of this Lease provided Lessee cures the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) default within the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event applicable period of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawtime.

Default by Lessee. If The following events shall be deemed to be events of default by Lessee fails to make payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusiveLease: (a) the right Lessee fails to terminate this Agreementpay any rentals or other payments when due, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination such failure shall be effective as of continue for ten (10) days after the date of such notice;rent is due, or (b) Lessee fails to comply with any of the right other terms, covenants or obligations of this Lease on Lessee's part to immediately enter upon perform hereunder, and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise;such failure has not been cured within twenty (20) days after written notice thereof from Lessor; or (c) Lessee shall fail to occupy the right Premises on the commencement date as fixed herein, or any time thereafter, or shall fail to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk remain open for business throughout the term of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement;Lease as hereinabove provided; or (d) At any time during the right term hereof should there be filed by or against Lessee or against any successor Lessee then in possession, in any court, pursuant to make any required repairs to statute, either of the Designated Boat SlipUnited States or any state, a petition in bankruptcy alleging insolvency, for reorganization, for the appointment of a receiver or trustee, for an arrangement under the Bankruptcy Acts, or to expend if a similar type of proceeding shall be filed and any other sums required to cure any defaults by such petition or filing against Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement;has not been dismissed within a period of twenty (20)days; or (e) Lessee makes or proposes to make an assignment for the right to terminate Lessee’s rights benefit of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriatecreditors; andor (f) Lessee does, or permits to be done, any act which creates a mechanics' lien or claim therefor against the right Premises or the Building and such lien or claim is not removed within fifteen (15) days from the date of filing of such lien or claim; or (g) Lessee falsifies any monetary report to exercise Lessor’s rights under the Texas Uniform Commercial Code ; or (h) Lessee fails to furnish Lessor with regard a copy of any insurance policy or certificate thereof required to the security interest granted be furnished by Lessee to Lessor when due and such failure shall continue for thirty (30) days after written notice from Lessor; or (i) Lessee or any guarantor of this Lease experiences adverse and material change in financial circumstances as determined by Lessor in the Secured Propertyexercise of its sole discretion. In the event of any default by Lessee Event under this Lease or if Lessor becomes entitled to terminate this Lease, the Lessor, without limiting any other right or remedy, shall, if the default is other than nonpayment of Defaultrent, serve on the Lessee written notice of such default and Lessee shall have ten (10) days after receipt of such notice to correct such default, If the default is the failure to pay rent, or other monetary sums, Lessor shall have the right not be required to recover from notify Lessee, whether by way of sale The failure to correct such default within the ten (10) day period or to pay such rent or other sums, shall cause this Lease to expire at the end of the Secured Propertyten (10) day period, or by means and the term hereof shall terminate as fully and completely as if the date of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder expiration of the Term ten (assuming that Lessor has not terminated 10) day period were the day herein definitely fixed for the termination of this Agreement Lease and the balance of the rent for the full term of this Lease hereunder)shall be due and payable. The Lessee shall then quit and surrender the Premises to the Lessor without release of any liability of the Lessee under this Lease. If this Lease shall have been so terminated, Lessor may at any time thereafter resume possession of the Premises by any lawful means and remove Lessee or other occupants and their effects. In the event the Lessee issues any check to the Lessor that does not clear the bank, a charge of Fifty Dollars (c$50.00) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at will he levied against the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawLessee.

Default by Lessee. If Lessee fails to make payment of at any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusivetime: (a) the right to terminate this Agreement, Rent is in arrears and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the unpaid for 10 Business Days after any payment date of such notice;(whether it has been demanded or not) (b) repairs required by any notice given by the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suitLessor under this Lease are not commenced within 10 Business Days of such notice having been given, or otherwise;if commenced are not diligently completed (c) the right Lessor gives written notice to remove Lessee’s Craft the Lessee specifying any breach (and any personal property then inside Lessee’s Craft from its mooring, and other than a breach of the type referred to store Lessee’s Craft in (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among a) or (b) above) in this Lease which breach remains unremedied 5 Business Days after giving the past due Monthly Rental under this Agreement;notice (d) the right to make any required repairs to the Designated Boat Slip, Lessee (if an individual) shall be declared or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement;adjudicated bankrupt or insolvent (e) any assignment shall be made of the right to terminate Lessee’s rights property for the benefit of possession creditors or if the Lessee compounds with regard to the Designated Boat Slip and all appurtenances theretoLessee’s creditors (f) the interests of the Lessee in or under this Lease or in the Premises shall be attached or taken in execution under any legal process or (g) the Lessee (if a company) has a resolution passed, without demand or notice an order made by a Court, for the liquidation of the Lessee (except for the purposes of reconstruction approved by the Lessor), or if the Lessee is placed into receivership or under official or statutory management the Lessor may: (i) distrain for rent or other moneys payable under this Lease remaining unpaid after the due date (ii) immediately, or at any kind time subsequently, and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all any notice or demand re-enter (forcibly if necessary) the Premises or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; Premises and (fiii) by such action determine the right to exercise LessorLessee’s rights estate and interest in the Premises and (iv) expel and remove the Lessee and the chattels of the Lessee and those claiming under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event Lessee without being guilty of any Lessee Event manner of Default, trespass or conversion and in which event the Lessor shall have not be liable for any loss or damage resulting from the right to recover exercise of any of its powers set out in this clause. Upon such event, this Lease shall cease and determine, but without releasing the Lessee from Lessee, whether by way liability in respect of sale any breach of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawcovenant.

Default by Lessee. If Lessee fails to make defaults in the payment of rent, or any Monthly Rental within five days additional rent, or defaults in the performance of delivery any of the other covenants or conditions hereof, Lessor may, at its option and without further written notice to Lessee, in addition to all the other remedies given hereunder or by law or equity, do any one or more of the following: [1] Terminate this Lease, in which event Lessee shall immediately surrender possession of the Leased Premises to Lessor; [3] Apply all or any portion of the Security Deposit to cure such Event of Default; and (A) Exercise by Lessor of notice any one or more remedies shall not constitute an acceptance of any Monthly Rental surrender of the Leased Premises by Lessee, it being understood that is past due, or fails to cure any other default under such surrender can be effected only by the written agreement of Lessor and Lessee. (B) If Lessor terminates this Agreement within ten days Lease by reason of delivery by Lessor of such default, then a “Lessee an Event of Default” , Lessee shall exist pay to Lessor the sum of all Rent and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) the right other indebtedness accrued hereunder to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice;termination, the amounts stated in Section 7.08(f) hereof, plus, as liquidated damages, an amount equal to the then present value of the Rent and all other indebtedness as would otherwise have been required to be paid by Lessee to Lessor during the period following the termination of the Term measured form the date of such termination to the date of expiration stated in Section 1.02, less the then present fair market rental value of the Leased Premises for such period; because of the difficulty of ascertaining the fair market rental value of the Leased Premises and the costs and time associated with reletting the Leased Premises, the Lessor and Lessee stipulate that such fair market rental value shall in no event be deemed to exceed seventy-five (75%) of the then present value of the Rent reserved for such period. (bC) If Lessor repossesses the right Leased Premises without terminating the Lease, then Lessee shall pay to immediately enter upon Lessor all Rent and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs other indebtedness accrued to the Designated Boat Slipdate of such repossession, or to expend any plus Rent and other sums required to cure any defaults be paid by Lessee under this Agreementduring the remainder of the Term, with all such diminished by any net sums expended being deemed thereafter received by Lessor through reletting the Leased Premises during said period (after deducting expenses incurred by Lessor as provided below); reentry by Lessor will not affect the obligations of Lessee for the unexpired Term. Lessee shall not be entitled to any excess of any Rent obtained by reletting over the Rent herein reserved. Actions to collect amounts due by Lessee may be included among brought on one or more occasions, without the past due Monthly Rental under this Agreement;necessity of Lessor's waiting until expiration of the Term. (eD) the right to terminate Lessee’s rights In case of possession with regard an Event of Default, to the Designated Boat Slip extent the same were not paid or deducted, as appropriate, under Section 7.08(b) or (c), Lessee shall also pay to Lessor: all costs and all appurtenances theretoexpenses incurred by Lessor in enforcing Lessor's remedies, without demand including reasonable attorney's fees and costs. (E) Upon termination or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part repossession of the Designated Boat Slip Leased Premises for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee an Event of Default, Lessor shall not be obligated to relet or attempt to relet the Leased Premises, but Lessor shall have the right option to recover from relet or attempt to relet. In the event of reletting, Lessor may relet the whole or any portion of the Leased Premises for any period, to any Lessee, whether by way of sale of the Secured Propertyand for any use an purpose. (F) If Lessee should fail to make any payment, perform any obligation, or by means cure any default hereunder, Lessor may at its sole option, make such payment, perform such obligation, and/or remedy such other default for the account of execution Lessee (and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during enter the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunderLeased Premises for such purpose), and Lessee shall pay upon demand all costs, expenses and disbursements (cincluding reasonable attorney's fees) Lessor’s reasonable and necessary attorneys’ fees and costs of courtincurred by Lessor in taking such remedial action, (d) pre-judgment plus interest thereon at the lesser highest rate of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed permitted by law.

Default by Lessee. If Lessee LESSEE fails to repair and maintain the Aircraft, discharge all liens (except for liens created by Owner), secure all licenses or registrations, pay all taxes (except for Owner’s income tax obligations), assessments, licenses, and other fees or charges, pay all costs and expenses to be paid by LESSEE, procure and maintain insurance, all as above provided, or to perform any of the other covenants or obligations of LESSEE, OWNER, at its option, may do so, and all advances and expenses incurred by OWNER in connection therewith shall be repaid by LESSEE to OWNER upon demand, together with interest thereon at the highest applicable rate allowed by law (but not more than one and one-half percent (1 1/2%) per month or fraction thereof) until paid. OWNER may enter upon the premises where the Aircraft is located for purpose of inspection, and may remove the Aircraft forthwith, without notice to LESSEE, if, in the reasonable opinion of OWNER, the Aircraft is being improperly used or maintained. If LESSEE shall fail to make payment any Regular Monthly Rental Payment or fail to pay any other amounts payable hereunder when the same are due and payable, or if LESSEE should default in the performance of any Monthly Rental within five days of delivery the other terms, conditions, or covenants to be performed by Lessor of notice LESSEE hereunder, or if LESSEE should default in the performance of any Monthly Rental that is past dueof the terms, conditions, or fails covenants to cure be performed by LESSEE under any other default under this Agreement within ten days contracts or agreements between LESSEE and OWNER at any time, or if the insurance required to be maintained hereunder shall expire or be canceled and LESSEE shall fail to replace such insurance, or if the Aircraft shall be misused or abandoned by LESSEE, or if LESSEE shall become insolvent, commit any act of delivery bankruptcy, or if bankruptcy proceedings are begun by Lessor of such defaultor against LESSEE, or if a receiver is appointed for LESSEE, or if for any reason OWNER shall, in good faith, reasonably deem said Aircraft or itself insecure, then a “Lessee Event of Default” shall exist OWNER, at its option, and Lessor shall have the following in addition to and without prejudice to any other remedies, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon the premises where the Aircraft is located and repossess take possession of and remove the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property)Aircraft, with all risk of loss belonging solely or without notice to LesseeLESSEE, and with no liability whatsoever to Lessoror without legal proceedings, and with all costs in removing the Aircraft, OWNER may, if permitted by law, use any of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs LESSEE’s licenses in respect to the Designated Boat SlipAircraft and OWNER may thereupon terminate this Aircraft Lease. Upon such termination, or LESSEE shall be liable to expend OWNER and shall forthwith pay OWNER the amount of OWNER’s damages caused by LESSEE’s default(s), including, but not limited to, any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice reasonable costs and expenses incurred by OWNER in the repossession of any kind and without terminating this Agreement, in which event Lessor maythe Aircraft (including, but shall be under no obligation not limited to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms court costs and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of courtfees, (d) pre-judgment at the lesser of 8% per annum or the maximum where allowed by law, and (e) post-judgment interest at lesser transportation and storage expenses). In addition, LESSEE shall forthwith pay OWNER any other sums due under other provisions of 10% per annum or the maximum allowed by lawthis Aircraft Lease, including, but not limited to, past due Regular Monthly Rental Payments, reserves for engine replacement, and late payment fees.

Default by Lessee. If Lessee fails to make payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove LesseeXxxxxx’s Craft (and any personal property then inside LesseeXxxxxx’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate LesseeXxxxxx’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to LesseeXxxxxx’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) LessorXxxxxx’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by law.

Default by Lessee. If Lessee fails to make shall at any time be in default in the payment of rent herein reserved or in the performance of any Monthly Rental of the covenants, terms conditions or provisions of this Lease, and Lessee shall fail to remedy such default within five twenty (20) days of delivery by Lessor after receipt of notice thereof if the default relates to matters other than the payment of rent, or if there shall be filed by or against Lessee in any Court pursuant to any statute either of the United States or of any Monthly Rental that is past duestate, a Petition in Bankruptcy or Insolvency or for reorganization or for the appointment of a Receiver or a Trustee of all or a portion of the Lessee's property or if the Lessee makes an assignment for the benefit of creditors, or fails to cure if there is an assignment by operation of law if any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which execution or attachment shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant levied upon any of the Lease hereunderLessee's property, which termination right or occupied by someone other than the Lessor, or if a receiver of any property of Lessee in or upon the Premises, be appointed in any action, suit or proceeding by or against Lessee and not removed within thirty (30) days after appointment, or if the interest of Lessee in the Premises shall be offered for sale or sold under execution or other legal process, Lessor in addition to all of the remedies given to Lessor in law or in equity, may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suitLessee terminate this Lease, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this AgreementLease re-enter the Premises by summary proceedings or otherwise, and in which any event Lessor maymay dispossess the Lessee, but shall be it being the understanding that under no obligation to, relet all circumstances is the Lease to be an asset for Lessee's creditors by operation of law or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Propertyotherwise. In the event of such re-entry, Lessor may relet the Premises without being obligated so to do, and in the event of reletting may apply the rent therefrom, first to the payment of Lessor's expenses, including attorney fees incurred by reason of Lessee's default and the expense of reletting, including but not limited to the repairs, renovation or alteration of the Premises, and then to the repayment of rent and all other sums due from Lessee hereunder, Lessee remaining liable for any deficiency. In the event of a default or threatened default by Lessee Event of Defaultany of the terms, provisions, covenants, conditions, rules and regulations of the Lease, Lessor shall have the right to recover from Lessee, whether invoke any remedy permitted by way Lessor in law or in equity. All remedies available to Lessor are declared to be cumulative and concurrent. No termination of sale this Lease or any taking or recovering or possession of the Secured PropertyPremises shall deprive Lessor of any of its past or future rent, nor shall the bringing of any action for rent or other default be construed as a waiver of the right to take possession of the Premises. If the Lessee shall not remove all effects from the Premises after termination of the Lease following default by means Lessee or after Lessor shall secure possession of execution and levy on a judgment, or by means of voluntary payment the Premises after default by Lessee, or by some combination then Lessor may, at its option, remove all Lessee's effects from the Premises and shall store the same without liability for loss thereof: (a) . Lessee shall be liable to Lessor for all Monthly Rental that is past due, including any late payment fees due expenses incurred in connection therewith, (b) all Monthly Rental to come due during the remainder such removal and storage of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawsaid effects.

Default by Lessee. If Lessee fails to make default shall be made in the payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed sum to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults paid by Lessee under this AgreementLease, with all and default shall continue for ten (10) days, or default shall be made in the performance of any of the other covenants or conditions which Lessee is required to observe and to perform, and such sums expended being deemed to be included among default shall continue for twenty (20) days, or if the past due Monthly Rental interest of Lessee under this Agreement; Lease shall be levied on under execution or other legal process, or if any petition shall be filed by or against Lessee to declare Lessee a bankrupt or to delay, reduce or modify Lessee's debts or obligations, or if any petition shall be filed or other action taken to reorganize or modify Lessee's capital structure if Lessee be a corporation or other entity; or if Lessee be declared insolvent according to law, or if any assignment of Lessee's property shall be made for the benefit of creditors, or if a receiver or trustee is appointed for Lessee or its property, or if Lessee shall abandon (eThe Leased Premises shall not be considered as abandoned as long as rent is being paid.) the right to terminate Lessee’s rights Leased Premises during the term of possession with regard to this Lease or any renewals or extensions thereof, then Lessor may treat the Designated Boat Slip and all appurtenances thereto, without demand or notice occurrence of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all one or any part more of the Designated Boat Slip for credit to Lessee’s accountforegoing events as a breach of this Lease (provided that no such levy, on such terms execution, legal process or petition filed against Lessee shall constitute a breach of this Lease if Lessee shall vigorously contest the same by appropriate proceedings and conditions as Lessor in shall remove or vacate the same within thirty (30) days from the date of its sole discretion shall deem appropriate; and (fcreation, service or filing) the right to exercise and thereupon, at Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of 's option, may have any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale one or more of the Secured Property, following described remedies in addition to all other rights and remedies provided at law or by means in equity: or five (5) days after receipt of execution and levy on a judgment, or by means of voluntary payment written notice by Lessee, or such notice being delivered by some combination thereof: Lessor on the eleventh (a11th) all Monthly Rental that day after rent is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by lawreceived, and (e) post-judgment interest at lesser such notice shall not be required of 10% Lessor more than twice per annum or the maximum allowed by law.annum

Default by Lessee. A. The following shall be deemed defaults by Lessee hereunder: (i) Lessee shall become insolvent, or shall make a transfer to defraud his creditors, or shall make an assignment for the benefit of creditors. (ii) Lessee shall file a petition under any section or chapter of the United States Bankruptcy Code, as amended, or under any similar law or statute of the United States or any State thereof. (iii) Lessee shall be adjudged bankrupt or insolvent in proceedings filed against Lessee under any section or chapter of The United States Bankruptcy Code, as amended, or under any similar law or statute of The United States or any State thereof. (iv) A receiver, trustee, or committee be appointed in any action, suit or proceedings by or against Lessee either voluntary or involuntary, whether under the United States Bankruptcy Code or any other law or jurisdiction, and not removed within ninety (90) days after such appointment, it being the understanding between the parties hereto that under no circumstances is the lease to be an asset for Lessee's creditors by operation of law or otherwise. (v) The interest of Lessee in the Premises is offered for sale under execution or other legal process or sold under execution or other legal process. B. Upon the occurrence of any of the foregoing events of default, Lessor shall have the option to pursue any one or more of the following remedies without any further notice or demand whatsoever: (i) Terminate this lease, in which event Lessee shall immediately surrender the Premises to Lessor, and if Lessee fails so to do Lessor may, without prejudice to any other remedy which its may have for possession or arrearages in rent, enter upon and take possession of the Premises and expel or remove Lessee and any other person who may be occupying the Premises or any part thereof (by force if necessary) without being liable for prosecution of any claim or damages therefor; and Lessee agrees to pay to Lessor on demand the amount of all loss and damage which Lessor may suffer by reason of such termination, whether through inability to relet the premises on satisfactory terms or otherwise. (ii) Enter upon and take possession of the Premises and expel or remove Lessee and any person who may be occupying the Premises or any part thereof (by force if necessary) without being liable for prosecution of any claim for damages therefor, and relet the Premises and receive the rent therefor; and Lessee agrees to pay to Lessor on demand any deficiency that may arise by reason of such reletting. (iii) Enter upon the Premises (by force if necessary) without being liable for prosecution of any claim for damages therefor, and do whatever Lessee is obligated to do under the terms of this lease, and Lessee agrees to reimburse Lessor on demand for expenses which Lessor may incur in effecting compliance with Lessee's obligation under this lease. C. In the event of default by Lessee under Paragraph 16, Subsections A(i) through A(v), Lessor agrees to recognize any existing sublease previously approved by Lessor, provided the sublessee shall begin paying rent directly to Lessor in the amount described in the sublease and provided that said sublessee shall be in compliance with all terms and conditions of its sublease. D. If Lessee fails to make payment of any Monthly Rental pay rent within five fifteen (15) days of delivery by Lessor of notice of any Monthly Rental that is past when due, or fails and shall not cure such failure within fifteen (15) days after written notice thereof to cure any other default under this Agreement within ten days of delivery by Lessor of such defaultLessee, then a “Lessee Event such failure shall be an event of Default” shall exist default and Lessor shall have the following remediesremedies described above. E. Nothing contained herein to the contrary, which shall be cumulative rather if Lessee fails to comply with any term, condition or covenant of this lease, other than exclusive: (athe events of default specifically listed in this Paragraph 16, Subsections A(i) the right to terminate this Agreementthrough A(v) and Subsection D, and the grant of the Lease hereunder, which termination right may be exercised by shall not cure such failure within thirty (30) days after written notice by Lessor thereof to Lessee, or if such failure cannot reasonably be cured within said thirty (30) days and which termination Lessee shall be effective as of the date of not have commenced to cure such notice; failure within thirty (b30) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely days after written notice thereof to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all then such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but failure shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the an event of any Lessee Event of Default, default and Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawremedies described above.

Default by Lessee. If Lessee LESSEE fails to repair and maintain the Aircraft, discharge all liens (except for liens created by Owner), secure all licenses or registrations, pay all taxes (except for any sales tax due on OWNER's purchase of the Aircraft and any of Owner's income tax obligations), assessments, licenses, and other fees or charges, pay all costs and expenses to be paid by LESSEE, procure and maintain insurance, all as above provided, or to perform any of the other covenants or obligations of LESSEE, OWNER, at its option, may do so, and all advances and expenses incurred by OWNER in connection therewith shall be repaid by LESSEE to OWNER upon demand, together with interest thereon at the highest applicable rate allowed by law (but not more than one and one-half percent (1.5%) per month or fraction thereof) until paid. OWNER may enter upon the premises where the Aircraft is located for purpose of inspection, and may remove the Aircraft forthwith, without notice to LESSEE, if, in the reasonable opinion of OWNER, the Aircraft is being improperly used or maintained. If LESSEE shall fail to make payment any Regular Monthly Rental Payment or fail to pay any other amounts payable hereunder when the same are due and payable, or if LESSEE should default in the performance of any Monthly Rental within five days of delivery the other terms, conditions, or covenants to be performed by Lessor of notice LESSEE hereunder, or if LESSEE should default in the performance of any Monthly Rental that is past dueof the terms, conditions, or fails covenants to cure be performed by LESSEE under any other default under this Agreement within ten days contracts or agreements between LESSEE and OWNER at any time, or if the insurance required to be maintained hereunder shall expire or be canceled and LESSEE shall fail to replace such insurance, or if the Aircraft shall be misused or abandoned by LESSEE, or if LESSEE shall become insolvent, commit any act of delivery bankruptcy, or if bankruptcy proceedings are begun by Lessor of such defaultor against LESSEE, or if a receiver is appointed for LESSEE, or if for any reason OWNER shall, in good faith, reasonably deem said Aircraft or itself insecure, then a “Lessee Event of Default” shall exist OWNER, at its option, and Lessor shall have the following in addition to and without prejudice to any other remedies, which shall be cumulative rather than exclusive: (a) may enter upon the right premises where the Aircraft is located and take possession of and remove the Aircraft, with or without notice to terminate this AgreementLESSEE, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lesseewith or without legal proceedings, and which termination shall be effective as in removing the Aircraft, OWNER may, if permitted by law, use any of LESSEE's licenses in respect to the date of such notice; Aircraft, and/or (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances theretomay terminate this Aircraft Lease, by forcible entry and detainer suit, or otherwise; and/or (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooringmay sell, and to store Lessee’s Craft (and such personal property), with all risk lease or otherwise dispose of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit Aircraft at public or private sale, with or without advertisement or publication, with or without notice to Lessee’s accountLESSEE, on and with or without legal proceedings; provided that such terms sale is conducted in accordance with the requirements of applicable law. Upon such termination, LESSEE shall be liable to OWNER and conditions as Lessor in its sole discretion shall deem appropriate; and (f) forthwith pay OWNER the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event amount of any Lessee Event of DefaultOWNER's damages caused by LESSEE's default(s), Lessor shall have the right to recover from Lesseeincluding, whether by way of sale of the Secured Propertybut not limited to, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) any and all Monthly Rental that is past due, including any late payment fees due reasonable costs and expenses incurred by OWNER in connection therewith, (b) all Monthly Rental to come due during the remainder repossession or disposition of the Term Aircraft (assuming that Lessor has including, but not terminated this Agreement limited to, court costs and the Lease hereunder)reasonable attorneys' fees, (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum where allowed by law, and transportation and storage expenses), plus (eb) post-judgment any other sums due under other provisions of this Aircraft Lease, including, but not limited to, past due Regular Monthly Rental Payments, reserves for engine replacement, and late payment fees, plus (c) as liquidated damages for loss of a bargain and not as a penalty, and in lieu of any further payments of rent, the stipulated loss value of the Aircraft as of the month preceding the date of OWNER's demand as shown on the Amortization Schedule attached hereto and incorporated herein as Annex "B", plus (d) interest at lesser the rate of 1018% per annum on the total of the foregoing from the date of demand to the date of payment (and the parties acknowledge that the foregoing money damage calculation reasonably reflects OWNER's anticipated loss with respect to the Aircraft and this Lease resulting from the event of default and the termination of this Lease due to such default by LESSEE). If OWNER actually repossesses the Aircraft, then OWNER shall not be required to sell, lease or otherwise dispose of the Aircraft prior to OWNER enforcing any of the remedies described above. OWNER shall sell, lease or otherwise dispose of the Aircraft in any manner it chooses so long as such disposition is conducted in accordance with the requirements of applicable law, free and clear of any claims or rights of LESSEE and without any duty to account to LESSEE with respect thereto except as provided below. If OWNER actually sells or leases the Aircraft pursuant to the remedies provided above in this Article 9A, then OWNER will credit the net proceeds of any sale of the Aircraft, or the maximum allowed net present value (discounted at the then current LIBOR plus 300 basis points) of the rents payable under any new lease of the Aircraft, against and up to (but not exceeding) the amounts payable by lawLESSEE under any of the preceding paragraphs of this Article 9A and any other amounts LESSEE owes OWNER hereunder, or will reimburse LESSEE for and up to (but not exceeding) LESSEE's payment thereof.

Default by Lessee. If Time is of the essence. Should Lessee fails to make payment be in default of any Monthly Rental within five days rental or other charges for a period of delivery by Lessor of notice ten (10) days, or be in default in the performance of any Monthly Rental that is past dueother of its promises, covenants or agreements, for ten (10) days after written notice thereof from lessor, or fails should the Lessee vacate or abandon the premises, in addition to cure any or all other default under this Agreement within ten days rights or remedies of delivery the Lessor hereunder and/or by the law provided, Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusivemay: (a) Declare the right to terminate this Agreementterm hereof ended and re-enter the premises and take possession thereof and remove all persons therefrom, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination Lessee shall be effective as of the date of such notice;have no further claim thereon or thereunder; or (b) Without declaring the right lease ended, re-enter the premises and occupy or lease the whole or any part thereof for and on account of the Lessee and upon such terms and conditions, and for such rent as Lessor may deem proper and to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suitcollect said rent, or otherwise;any other rent that may hereafter become payable and apply the same toward the amount due or thereafter to become due from Lessee, and on account of the expenses or such subletting and any other damages sustained by Lessor. Should such rental be less than that herein agreed, Lessee shall pay such deficiency to Lessor in advance on the day of each month herein before specified for payment of minimum monthly rental, and pay Lessor forthwith upon any such reletting the costs and expenses the Lessor may incur by reason thereof, or (c) Even though it may have relet said premises, thereafter elect to terminate this lease. Service by Lessor of any notice pursuant to unlawful detainer statutes and the right surrender of possession pursuant to remove Lessee’s Craft such notice shall not (and unless the Lessor elects to the contrary at the time of or at any personal property then inside Lessee’s Craft from its mooring, and time subsequent to store Lessee’s Craft (the service of such notice and such personal property), with all risk of loss belonging solely election be evidenced by a written notice to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being ) be deemed to be including among a termination of this lease. Nothing herein contained shall be construed as obligating the past due Monthly Rental under this Agreement; (d) Lessor to relet the whole or any part of the premises. In the event of any entry or taking possession of the premises, as aforesaid, Lessor shall have the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation tonot the obligation, relet to remove therefrom all or any part of the Designated Boat Slip personal property located therein, and may place the same in storage or a public warehouse at the expense and risk of the owner or owners thereof. If Lessor elects to terminate this lease under (a) or (b) above, Lessor shall be entitled to recover from the Lessee, as damages, the difference, if any, between the then reasonable rental value of the premises for credit the period of the term reserved in the lease and the amount of rental and other charges payable by the Lessee for the balance of the term of this lease, together with the rent then unpaid, if any. If the default complained of, other than for the payment of monies, is of such a nature that the same cannot be cured within the ten (10) day period requiring such curing, then such default shall be deemed to Lessee’s accountbe cured if Lessee within such period shall have commenced the curing thereof, on and shall continue thereafter with all due diligence to cause such terms curing and conditions as Lessor in its sole discretion shall deem appropriate; and (f) does so complete the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted same diligently. Remedies given to Lessor in the Secured Property. In the event this article are in addition and supplemental to all other rights or remedies of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due under laws then in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawforce.

Default by Lessee. If Lessee fails to make default shall be made in the payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed sum to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults paid by Lessee under this AgreementLease, with all whether Base Rent, additional rent, or otherwise, and if such sums expended being deemed default shall continue for ten (10) days, or should default occur in the performance of any of the other covenants or conditions which Lessee is required to be included among observe and to perform, and if such default shall continue for twenty (20) days, or if the past due Monthly Rental interest of Lessee under this Agreement;Lease shall be levied on under execution or other legal process, or if any petition shall be filed by or against Lessee to declare Lessee a bankrupt or to delay, reduce or modify Lessee's debts or obligations, or if any petition shall be filed or other action taken to reorganize or modify Lessee's capital structure if Lessee be a corporation or other entity, or if Lessee be declared insolvent according to law, or if any assignment of Lessee's property shall be made for the benefit of creditors, or if a receiver or trustee is appointed for Lessee or its property, or if Lessee shall abandon the Leased Premises during the term of this Lease or any renewals or extensions thereof, then Lessor may treat the occurrence of any one or more of the foregoing events as a breach, of this Lease (provided that no such levy, execution, legal process or petition filed against Lessee shall constitute a breach of this Lease if Lessee shall vigorously contest the same by appropriate proceedings and shall remove or vacate the same within thirty (30) days from the date of its creation or service or filing) and thereupon, at Lessor's option, may have any one or more of the following described remedies in addition to all other rights and remedies available at law or in equity: 9 10 a. Lessor may terminate this Lease and forthwith repossess the Leased Premises and be entitled to recover forthwith as damages a sum of money equal to the total of (ei) the right cost of recovering the Leased Premises, (ii) the unpaid rent earned at the time of termination, plus interest thereon from that date at the lesser of three percent (3%) per annum over the prime rate of interest announced from time to terminate Lessee’s rights of possession with regard to time or the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part maximum rate allowed by law (iii) the balance of the Designated Boat Slip rent for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by lawterm, and (eiv) post-judgment interest at lesser any other sum of 10% per annum or the maximum allowed money and damages owed by lawLessee to Lessor.

Default by Lessee. If Lessee fails to make payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) If Lessee shall make default in making any payment herein provided for and any such default shall continue for a period of ten (10) business days after written notice to Lessee, or if Lessee shall make default in the right performance of any obligation of Lessee herein (other than as to payment of money) and any such default shall continue for a period of thirty (30) days after written notice to Lessee, or if Lessee shall file a voluntary petition in bankruptcy, or if Lessee shall file any petition or institute any proceedings under any Insolvency or Bankruptcy Act or any amendment thereto hereafter made, seeking to effect its reorganization or a composition with its creditors, or if, in any proceedings based on the insolvency of Lessee or relating to bankruptcy proceedings, a receiver or trustee shall be appointed for Lessee or the Leased Premises, or if any proceedings shall be commenced for the reorganization of Lessee (which, in the case of involuntary proceedings, are not dismissed or stayed within 30 days of the commencement thereof), or if the leasehold estate created hereby shall be taken on execution or by any process of law, or if Lessee shall admit in writing its inability to pay its obligations generally as they become due, then Lessor may, at its option, terminate this AgreementLease without notice, and declare all amounts due or to become due hereunder immediately due and payable, and Lessor's agents and servants may immediately, or any time thereafter, reenter the grant Leased Premises by reasonably necessary force, summary proceedings, or otherwise, and remove all persons and properly therein, without being liable to indictment, prosecution, or damage therefor, and Lessee hereby expressly waives the service of any notice in writing of intention to reenter said Leased Premises. Lessor may, in addition to any other remedy provided by law or permitted herein, at its option, relet the Leased Premises (or any part thereof) on behalf of Lessee, applying any monies collected first to the payment of expenses of resuming or obtaining possession, and, second, to the payment of the Lease costs of placing the premises in rentable condition, including any leasing commission, and, third, to the payment of rent due hereunder, which termination right may and any other damages due to the Lessor. Any surplus remaining thereafter shall be exercised by written notice by Lessor paid to Lessee, and Lessee shall remain liable for any deficiency in rental, the amount of which termination deficiency shall be effective as of the date of such notice;paid upon demand therefor to Lessor. (b) Should Lessor re-enter and terminate according to the right to immediately enter upon provisions of this subparagraph, Lessor may remove and repossess store the Designated Boat Slip Lessee's Property at the expense and all appurtenances theretofor the account of Lessee. Alternatively, by forcible entry and detainer suitLessor may sell, or otherwise; (c) cause to be sold, Lessee's Property at public sale to the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooringhighest bidder for cash, and to store Lessee’s Craft (and remove from the proceeds of such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past sale any rent or other payment then due Monthly Rental Lessor under this Agreement; (d) Lease. Any disposition of the right to make any required repairs Lessee's Property pursuant thereto shall be subject to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard any lender to the Designated Boat Slip Lessee holding a mortgage on Lessee's Property and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part made in a manner that is commercially reasonable within the meaning of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor as in effect in the Secured Property. In the event Commonwealth of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment Pennsylvania at the lesser time of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawsuch disposition.

Default by Lessee. If Lessee with regard to any item or items of Equipment fails to pay any amount herein provided within thirty (30) days after the same is due and payable, or if Lessee with regard to any item or items of Equipment fails to observe, keep or perform any other provision of this Lease, required to be observed, kept or performed by Lessee, and if Lessee fails to make remedy, cure or remove such failure in payment of any Monthly Rental such other failure in observing, keeping or performing the provisions of this Lease within five thirty (30) days after receipt of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft thereof from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale exercise any one or more of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereoffollowing remedies: (a) To declare the entire amount of rent hereunder immediately due and payable as to any or all Monthly Rental that is past dueitems of Equipment, including any late payment fees due in connection therewith, without notice or demand to Lessee; (b) To sue for and recover all Monthly Rental rents, and other payments, then accrued or txxxeafter accruing with respect to come due during the remainder any or all items of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), Equipment; (c) Lessor’s reasonable and necessary attorneys’ fees and costs To take possession of courtany or all items of Equipment, without demand or notice, wherever same may be located, without any court order or other process of law; (d) pre-judgment at the lesser To terminate this Lease as to any or all items of 8% per annum Equipment; or the maximum allowed by law, and (e) post-judgment interest To pursue any other remedy available to Lessor at lesser law or in equity. Lessee hereby waives any and all damages occasioned by such taking of 10% possession unless caused by Lessor"s gross negligence or willful misconduct. Any such taking of possession shall not constitute a termination of this Lease as to any or all items of Equipment unless Lessor expressly so notifies Lessee in writing. Notwithstanding any said repossession, or any other action which Lessor may take, Lessee shall be and remain liable for the full performance of all obligations on the part of Lessee to be performed under this Lease. All such remedies are cumulative, and may be exercised concurrently or separately. In no event, however, shall these remedies be exercised in such a manner that the Lessor recovers more than the balance of rent and any other amounts payable by Lessee to Lessor hereunder, plus the fair market value which the Equipment would have at the end of the initial term of this Lease, discounted from the date of the default to the end of the initial term of this Lease at a rate of nine percent (9%) per annum or the maximum allowed by lawannum.

Default by Lessee. If Lessee fails Lessor shall not declare a default hereunder because of failure to make payment of pay any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past rentals when due, or fails to cure comply with any other terms of this Lease Agreement, without first giving Lessee fifteen (15) days written notice of its intention to do so with respect to the payment of rentals or other monies due hereunder or thirty (30) days written notice with respect to any other default. If during said fifteen (15) or thirty (30) day period as the case may be, Lessee shall pay said rental or remedy the default in the terms of the Lease in regard to which default has been made, then the right of the Lessor to declare a default under this Agreement within ten days lease shall cease and this Lease shall continue as though no default has been made, EXCEPT, if Lessor has give notice of delivery by Lessor of such defaultdefault for non-payment on three separate occasions, then a “Lessee Event of Default” shall exist and during any twelve month period, Lessor shall have the following remedies, which shall be cumulative rather than exclusiveoptions in addition to any other legal options available to Lessor: (a) If Lessee shall have abandoned the right Leased Premises, at Lessor’ option, without terminating this Lease, to terminate this Agreementchange the locks on the doors to the Leased Premises and exclude Tenant therefrom, and for the grant purposes of securing the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such noticepremises; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances theretoAt its option, by forcible notice to Lessee, to terminate this Lease. No re-entry or taking of possession of the Leased premises by Lessor, as provided in clauses (a) and detainer suit(c) of this article, or otherwise;shall be construed as an election on its part to terminate this Lease unless a notice of such intention is given to Lessee. Upon the service of such notice of termination, the term of this Lease shall automatically terminate. Notwithstanding any reletting without termination, Lessor may at any time thereafter elect to terminate this Lease for such previous breach in the manner provided in this section. (c) At its option, to require Lessee to surrender possession without termination of this Lease, whereupon Lessee shall immediately surrender possession of the right Premises to remove Lessee’s Craft (Lessor and any personal property then inside Lessee’s Craft from its mooringimmediately vacate the same, and remove all effects therefrom, except such as may not be removed under other provisions of this Lease. If Lessee fails to surrender possession and vacate as aforesaid, Lessor may apply to a court of appropriate jurisdiction for an order for possession of the property without thereby waiving Lessor’s rights to rent or any other rights given to Lessor under this lease or at law or in equity. If Lessee shall not remove all effects from the Premises in a commercially reasonable time, Lessor may, at its option, remove any or all effects in any manner it shall choose and store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lesseethe same without liability for loss, and with no liability whatsoever to Lessee shall pay Lessor, on demand, any and with all costs expenses incurred in such removal and storage of storage being deemed to said effects for any length of time during which the same shall be including among the past due Monthly Rental under this Agreement;in Lessor’s possession or storage. (d) the right At its option, to make any required such alterations and repairs as Lessor shall determine may be reasonably necessary to relet the Designated Boat SlipPremises, or and to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among relet the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all same or any part thereof for such term or terms (which may be for a term extending beyond the term of the Designated Boat Slip for credit to Lessee’s account, on this lease) and upon such terms and conditions as Lessor in its sole discretion may deem advisable. In no event shall deem appropriate; andLessee be entitled to receive any surplus funds generated by any re-letting of the premises. (e) At its option, to collect from Lessee any other loss or damage which Lessor may sustain by reason of any breach and any diminished value of the Premises resulting from said breach. (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor At its option, in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, a breach or by means of execution and levy on a judgment, or by means of voluntary payment threatened breach by Lessee, to enjoin any such breach or threatened breach. (g) No receipt of moneys by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due Lessor from or for the account of Lessee or from anyone in connection therewith, (b) all Monthly Rental to come due during the remainder possession or occupancy of the Term (assuming Premises after the termination in any of this Lease or after the giving of any notice of termination, shall reinstate, continue or extend the term of this Lease or affect any notice given to Lessee prior to the receipt of such money, it being agreed that Lessor has not terminated this Agreement and after the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs service of court, (d) pre-judgment at the lesser of 8% per annum notice or the maximum allowed by lawcommencement of a suit, or after final judgment for possession of the Premises, Lessor may receive and collect any rent or other amounts due Lessor, and (e) post-judgment interest at lesser such payment shall not waive or affect said notice, suit or judgment. It is further understood that notice of 10% per annum default from the Lessor shall be a valid notice of default if issued by the City Manager, City Clerk, or City Attorney, regardless of formal action or approval by the maximum allowed governing body of the City of Coweta, and that the lack of formal approval by law.the governing body shall not constitute grounds for legal challenge to the sufficiency of any notice of default

Default by Lessee. 21.1 If the Rent is not paid on the specified date or if the Lessee fails does not pay any other amount it has agreed to make payment pay under the Lease or if the Leased Premises are abandoned or used for purposes other than those stipulated herein, the Lessor shall notify the Lessee of any Monthly Rental such default and the Lessee shall remedy it within five ten (10) days of delivery by receipt of the said notice. If the Lessee is in default with respect to any other undertaking or obligation stipulated in the Lease, the Lessor shall notify it as soon as it becomes aware of it and it shall indicate in the said notice the nature of any Monthly Rental the default and the Lessee shall remedy it within thirty (30) days of receipt of the said notice, unless, for a default which cannot reasonably be corrected within the said period, the Lessee can establish to the satisfaction of the Lessor, acting reasonably, that it has begun to remedy such default within the above-mentioned period. 21.2 If the Lessee is still in default upon the expiry of the period mentioned in the foregoing paragraph, the Lessor may, at its option: 21.2.1 remedy the default itself if that is past duepossible and, in any case, all costs, charges and disbursements incurred, as well as any fine, interest or fails expense attributable thereto, as well as interest calculated at the Bank Rate, shall constitute additional Rent payable with the next instalment of Rent; or 21.2.2 consider the Lease to cure any other be terminated as of right as of the expiry of the time given to the Lessee to remedy such default under this Agreement within ten days of delivery by Lessor of and, in such defaulta case, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which it shall be cumulative rather than exclusive: (a) fully justified, if it considers it advisable, in instructing one of its authorized representatives to repossess the right Leased Premises forthwith, without other formality, and to terminate this Agreementtake the appropriate means to do so, and the grant Lessee waives all its recourses against the Lessor and its representatives. The termination of this Lease according to this section shall not impair the rights of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lesseeclaim from the Lessee all costs, and which expenses or damages it incurred on account of the termination shall be effective of this lease. 21.3 If the Lessor repossesses the Leased Premises, it may, as of such time, re-lease them to any person, for its sole benefit, without prejudice to its rights and recourses against the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, Lessee for rent due and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past become due Monthly Rental under this Agreement; (d) the right to make any required repairs pursuant to the Designated Boat Slip, or Lease and without prejudice to expend any other sums required to cure any defaults by Lessee right or recourse the Lessor may have under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawcircumstances.

Default by Lessee. 1. Any of the following occurrences or acts shall constitute an "Event of Default" under this Agreement: a. If Lessee fails at any time during the Term (and regardless of the pendency of any bankruptcy, reorganization, receivership, insolvency or other proceedings, in law, in equity or before any administrative tribunal which have or might have the effect of preventing Lessee from complying with the terms of this Agreement) shall fail (1) to make payment of any Monthly Rental within five days installment of delivery by Lessor of notice Base Rent, Percentage Rent or of any Monthly Rental other payment herein specified to be paid by Lessee, when due; or (2) to observe or perform any of Lessee’s other covenants, agreements or obligations hereunder; and if any such default shall not be cured as to any default referred to in clause (1) within three (3) days after receipt of written or telegraphic notice thereof by Lessee or as to any default referred to in clause (2) with the exception of an abandonment which shall have no applicable cure period, within fifteen (15) days after District shall have given to Lessee written notice specifying such default (or, in the case of any default referred to in clause (2) which cannot with diligence be cured within such fifteen-day period, if Lessee shall fail to proceed promptly to cure the same and thereafter prosecute the curing of such default with diligence, it being intended, in connection with a default not susceptible of being cured with diligence within such fifteen-day period, that is past the time within which to cure the same shall be extended for such period as may be necessary to complete the curing of the same with diligence); or, b. If Lessee shall file a petition in bankruptcy or for reorganization or for any arrangement pursuant to any present or future federal bankruptcy act or under any similar federal or state law, or shall be adjudicated as bankrupt or insolvent or shall make an assignment for the benefit of its creditors or shall admit in writing its inability to pay its debts generally as they become due, or if a petitioner or answer proposing the adjudication of Lessee as bankrupt or its re-organization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or c. If a receiver, trustee or liquidator of Lessee or of all or substantially all of the property of Lessee or of the Premises shall be appointed in any proceeding brought by Lessee, or if any such receiver, trustee or liquidator shall be appointed in any proceeding brought against Lessee and if such receiver, trustee or liquidator shall not be discharged within sixty (60) days after such appointment, or if Lessee shall acquiesce in or consent to such appointment; or d. If Lessee shall be liquidated or dissolved or shall begin proceedings toward its liquidation or dissolution; or e. If Lessee shall fail: i. To timely pay any taxes when due; or ii. To observe or perform any of Lessee’s other covenants, Agreements or obligations under any Agreement with District relating to taxes; or f. If Lessee shall commit or suffer to be committed any waste or impairment of the Premises or any part thereof; or g. If Lessee shall alter the improvements in any manner, except as expressly permitted by this Agreement; or h. If Lessee shall fail to maintain insurance as required by this Agreement; or i. If Lessee shall engage in any financing except as permitted by the terms of this Agreement, or any other transaction creating any mortgage on the Premises, or place or suffer to be placed thereon any lien or other encumbrance, or suffer any levy or attachment to be made thereon; or j. If Lessee uses the Premises for purposes other than those provided for in this Agreement without the prior written approval of District; or k. If Lessee fails to be open for business on the Premises for more than seventy-two (72) consecutive hours, except in the case of such closures as may be allowed or provided for by this Agreement, (hereafter "abandonment."). An abandonment shall constitute an automatic event of default and forfeiture of this Agreement and entitle District to reenter and retake the premises without allowing Lessee a period to cure the event of default; or l. If Lessee fails to comply with any applicable laws, including all state and local health laws applicable to Lessee’s business; or m. If Lessee fails to obtain permission of the District before construction, renovation or repair of any portion of the Premises and fails to conform to and abide by all rules and regulations relative to the Premises and uses herein authorized, which Premises and uses are subject at all times to applicable rules, regulations, resolutions, ordinances and statutes of the District, County of San Xxxx Obispo, State of California, the Federal Government and all other governmental agencies when applicable; or n. If Lessee fails to obtain or violates any and all required permits or licenses for repair, construction or renovation of any portion of the Premises or use therein from the regulatory body having jurisdiction thereof before such repair or use is undertaken; or o. If Lessee breaches any other default under material term of this Agreement within ten days Agreement. 2. Upon the occurrence of delivery by Lessor of any such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) the right in addition to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip any and all appurtenances theretoother rights or remedies of District hereunder or by law or in equity, by forcible entry and detainer suitit shall be, or otherwise; (c) at the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk option of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances theretoDistrict, without further notice or demand or notice of any kind to Lessee or any other person: a. The right of District to declare the Term hereof ended and without terminating to terminate this Agreement, in which event Lessor mayLessee shall promptly surrender possession of the Premises to District, but and pay to District all Base Rent, Percentage Rent and all other payments due District hereunder to the date of such termination. If Lessee does not so promptly surrender the Premises, District shall be under have the immediate right to reenter the Premises and take possession thereof and remove all persons therefrom, and Lessee shall have no obligation tofurther claim thereon or thereunder; b. The right of District, relet all without terminating this Agreement, to enter the Premises and occupy the whole or any part thereof for and on account of Lessee and to collect said rent and any other rent that may thereafter become payable to Lessee from any of its sub-lessees or sub-contractors, to refuse, notwithstanding any other term or provision of this Agreement, to permit and to deny the Designated Boat Slip for credit right of Lessee to remove any or all of Lessee’s accountmovable furniture, trade fixtures, equipment, improvements or personal property located in, on such terms or upon the Premises, and conditions to use and take exclusive possession of same without payment to Lessee or cost to District for so long as Lessor in its sole discretion shall deem appropriateDistrict so occupies the Premises or until this Agreement is terminated pursuant to subsection c. below; and (f) c. The right of District, even though it may have reentered the right Premises pursuant to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard subsection b. above, to the security interest granted thereafter elect to Lessor in the Secured Propertyterminate this Agreement. 3. In the event District reenters the Premises pursuant to the provisions of any Lessee Event of Defaultsubsection 2.c. above, Lessor District shall not be deemed to have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease liability of Lessee to pay Base Rent, Percentage Rent and sums payable hereunder thereafter shall continue unless District notifies Lessee in writing that District has so elected to terminate this Agreement. Lessee further acknowledges and agrees that the service by District of any notice pursuant to the unlawful detainer or similar such statute of the State of California and the surrender of possession pursuant to such notice shall not be deemed to be a termination of this Agreement. Lessee hereby irrevocably appoints District as agent for the receipt of any rental incoming ordinarily paid to Lessee from any sub-lessee, licensee, sub-contractor or otherwise arising or relating from the use of the Premises or operation of the business and allowable uses of this Agreement. Lessee hereby irrevocably appoints District as agent and attorney in fact of and for Lessee to so enter upon the Premises in the Event of Default by Lessee hereunder), (c) Lessor’s to remove any and all furniture and personal property whatsoever situated upon the Premises, and to place such furniture and personal property in storage for the account of and at the expense of Lessee. The storage, removal, disposal and transfer of title to any such furniture, fixtures or personal property shall be governed by the terms of Section V herein. In the event that after taking possession and title to such abandoned property, District so elects to sell such items, District shall apply the proceeds of such sale first, to the cost and expenses of such sale, including reasonable and necessary attorneys’ ' fees and actually incurred, second, to the payment of the costs of courtor charges for removing and storing any such furniture and personal property, (d) pre-judgment third, to the payment of any other sums of money which may then or thereafter be due to District from Lessee under any of the terms of this Agreement, and fourth, the balance, if any, to Lessee. Lessee hereby waives all claims for damages that may be caused by District's reentering and taking possession of the Premises or removing and storing furniture and personal property as herein provided, and will save District harmless from any losses, costs or damages occasioned thereby. No such reentry shall be considered or construed to be a forcible entry as the same is defined in the Code of Civil Procedure of the State of California. 4. Should District elect to terminate this Agreement pursuant to the provisions of subsection 2.a. or 2.c. above, District may recover from Lessee as damages: a. The worth at the lesser time of 8% per annum award of any unpaid rent which had been earned at the time of such termination; plus b. The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Lessee proves could have been reasonably avoided; plus c. The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Lessee proves could be reasonably avoided; plus d. Any other amount necessary to compensate District for all the detriment proximately caused by Lessee’s failure to perform its obligations under this Agreement or which in the maximum allowed ordinary course of things would be likely to result therefrom, including, but not limited to, any costs or expenses incurred by lawDistrict in maintaining or preserving the Premises after such default, and (e) postpreparing the Premises for re-judgment letting to a new Lessee, any repairs or alterations to the Premises for such re-letting, leasing commissions or other costs necessary or proximate to re-letting the Premises; plus e. At District's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of California. As used hereinabove, the term "worth at the time of award" is computed by allowing interest at lesser the rate of ten percent (10% %) per annum or annum. For purposes of determining District's damages under this subsection 4, the maximum allowed annual rent payable hereunder shall be deemed to be equal to the average rent paid by lawLessee for the calendar year immediately preceding the date of Lessee’s default.

Default by Lessee. If Lessee fails to make payment 15.1 Each of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee the following events shall constitute an "Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive": (a) if default shall be made by Lessee in the right to terminate making of any Rent, Reserve Rate, or Supplemental Rent payment within five (5) Business Days after the date when such payment is due and payable under this Agreement, and ; or (i) if default shall be made by Lessee at any time in the grant procurement or maintenance of the Lease hereunder, any insurance coverage prescribed herein or (ii) any insurance which termination right may be exercised maintained by written Lessor, Head Lessor or the Bank under Article 11.4 is canceled or terminated or notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise;cancellation is given; or (c) if default shall be made by Lessee in the right observance or performance of any of the other obligations of Lessee contained in this Agreement and, if such default is in the opinion of Lessor capable of remedy, such default shall continue for a period of fifteen (15) Business Days after notice from Lessor to remove Lessee’s Craft (Lessee specifying the default and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to requiring that the same be including among the past due Monthly Rental under this Agreement;remedied; or (d) the right to make if any required repairs to the Designated Boat Slip, representation or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being warranty made (or deemed to be included among the past due Monthly Rental repeated) by Lessee in or pursuant to this Agreement or in any document or certificate or statement referred to in or delivered under this Agreement;Agreement is or proves to have been incorrect in any material respect when made or deemed to be repeated and such incorrectness, if capable of being cured, shall continue for fifteen (15) Business Days after notice from Lessor specifying such incorrectness; or (e) if any borrowed money of Lessee or any of its subsidiaries having an outstanding principal amount in excess of $4,000,000 (Dollars Four Million) is not paid when due, or by reason of breach or default under the right to terminate Lessee’s rights terms of possession with regard any instrument evidencing or guaranteeing the same on the part of Lessee or any of its subsidiaries any such borrowed money having an outstanding principal amount in excess of $4,000,000 of Lessee or any of its subsidiaries becomes due or capable of being declared due prior to the Designated Boat Slip date when it would otherwise have become due, or the security for any such borrowed money or any guarantee in respect thereof becomes enforceable; or (f) if an encumbrancer takes possession or a receiver, administrator, administrative receiver, trustee, liquidator or similar officer is appointed of the whole or any substantial part of the assets, rights or revenues of Lessee or any of its subsidiaries or a distress, execution, sequestration or other process is levied or enforced upon or sued out against all or a substantial part of the assets, rights or revenues of Lessee or any of its subsidiaries and all appurtenances theretois not discharged within fourteen days, without demand or notice Lessee applies for or consents to the appointment of any kind and without terminating this Agreementa receiver, in which event Lessor mayadministrator, but shall be under no obligation toadministrative receiver, relet trustee, liquidator or similar officer for it or for all or any part of the Designated Boat Slip for credit to Lessee’s accountits assets, on such terms and conditions as Lessor in its sole discretion shall deem appropriaterights or revenues; andor (fg) if Lessee or any of its subsidiaries suspends payment of its debts, or is unable or admits its inability to pay its debts as they fall due, or shall be adjudicated or found, or becomes, bankrupt or insolvent, or proposes or enters into any composition or other arrangement for the benefit of its creditors generally, or Lessee or any of its subsidiaries shall, by voluntary petition, answer or consent, seek relief under the provisions of any bankruptcy, insolvency or other similar law providing for the reorganization, liquidation, administration, dissolution or winding-up of corporations, or providing for an agreement, composition, extension or adjustment with its creditors; or (h) if a petition against Lessee in a proceeding under applicable bankruptcy or other insolvency laws shall be filed and shall not be withdrawn or dismissed within 30 days thereafter, or if any order shall be made by any competent court or resolution passed by Lessee or any of its subsidiaries or their respective board of management or supervisory board, whichever is competent to pass such resolution for the winding-up or dissolution of Lessee or any of its subsidiaries or for the appointment of a liquidator, trustee or conservator, save for winding-up or dissolution for the purposes of amalgamation or reorganization (not involving or arising out of insolvency) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event terms of any Lessee Event of Default, Lessor which shall have received the right to recover from Lesseeprior written approval of Lessor; or (i) if Lessee or any of its subsidiaries disposes of all or a material part of its assets, whether by way one or a series of sale transactions, related or not, other than for the purpose of a reconstruction or amalgamation the terms of which have received the previous consent in writing of Lessor; or (j) if any action shall be taken by Lessee which shall impair the title or ownership of Lessor (or Head Lessor), or the Security Interest of the Secured PropertyBank, in the Aircraft or this Agreement is or becomes wholly or partly invalid, ineffective or unenforceable by reason of any act or omission of Lessee; or (k) if any consent, authorization, license, certificate or approval of or registration with or declaration to any Government Entity in connection with this Agreement including, without limitation: (i) any Certificate of Public Convenience and Necessity; or (ii) required by Lessee or as a condition precedent required by Lessor pursuant to Article 2.3 to authorize, or in connection with, the execution, delivery, validity, enforceability or admissibility in evidence of this Agreement or the performance by means Lessee of execution and levy on a judgmentits obligations under this Agreement; or (iii) the registration of the Aircraft; or (iv) any airline license or air transport license; is changed such that it materially impairs the ability of Lessee to perform its obligations hereunder, or by means of voluntary payment by Lesseeis withheld, or by some combination thereof: (a) all Monthly Rental that is past duerevoked, including any late payment fees due suspended, canceled, withdrawn, terminated or not renewed, or otherwise ceases to be in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by law.full force; or

Default by Lessee. If Lessee fails to make payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive10.1 If: (a) the right Lessee fails to terminate this Agreement, punctually pay any instalment of Monthly Lease or other sum due under the Leasing Arrangement or any other agreement between LeasePlan and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice;; or (b) the right Lessee fails to immediately enter upon observe or perform any of the other terms and repossess conditions of the Designated Boat Slip Leasing Arrangement or any other Agreement between LeasePlan and all appurtenances thereto, by forcible entry and detainer suit, or otherwise;the Lessee; or (c) any other Agreement between LeasePlan and the right to remove Lessee’s Craft (and Lessee is terminated by LeasePlan following any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk breach or any occurrence of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under nature described in this Agreement;Clause; or (d) the right to make any required repairs to the Designated Boat Slipdistress, execution, diligence, impounding or other legal process is levied on, or filed against the Vehicle or any part of the Vehicle or if the Lessee permits any judgement against the Vehicle to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed remain unsatisfied for seven (7) days or does or allows to be included among done any act or thing which may jeopardise LeasePlan’s rights in the past due Monthly Rental under this Agreement;Vehicle or any part of the Vehicle; or (e) the right to terminate Lessee’s rights Lessee calls any meeting of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand its creditors or notice enters into any liquidation or has a receiver or administrator of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriateassets appointed; andor (f) the right insurers of the Vehicle decline to exercise Lessorinsure or to continue to insure the Vehicle; or (g) the financial position of the Lessee deteriorates to such a degree that there is an increased risk of any of the above occurring; then in each and every case, LeasePlan will advise the Lessee in writing of the occurrence of a default. In the case of failing to punctually pay any instalment of Monthly Lease LeasePlan will allow the Lessee seven days to rectify that occurrence. In the case of each and every other occurrence described in this Clause, LeasePlan will allow the Lessee thirty days to rectify the occurrence. 10.2 If the Lessee does not rectify any occurrence specified in Clause 11.1 within the time permitted, LeasePlan may at its sole discretion, (but without prejudice to any other rights under this Agreement) forthwith by notice to the Lessee terminate the Leasing Arrangement. 10.3 Following any termination of the Leasing Arrangement under Clause 11.2, the Lessee will then no longer be in possession of the Vehicle with LeasePlan’s consent. In that event LeasePlan may without prejudice to LeasePlan’s claim for any arrears of Monthly Lease or damages for any breach of the Leasing Arrangement or any other rights under the Texas Uniform Commercial Code with regard Leasing Arrangement, retake possession of the Vehicle, and may for that purpose enter upon any premises belonging to or in the occupation or control of the Lessee which to the security interest granted knowledge of LeasePlan is housing the Vehicle. 10.4 The Lessee will be responsible for all costs, charges and expenses incurred by LeasePlan in retaking possession of the Vehicle except any costs, charges and expenses arising as a result of or in consequence of the negligence or wilful default of LeasePlan. 10.5 If LeasePlan does terminate the Leasing Arrangement as provided in Clause 11 then without prejudice to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right of LeasePlan to recover from Lessee, whether by way of sale bring a claim for damages for breach of the Secured PropertyLeasing Arrangement, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement Clause 5.2 will apply and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at Lessee shall forthwith upon written demand pay to LeasePlan any amount due by the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by lawLessee to LeasePlan under Clause 5.4.