Common use of Default by Tenant and Landlords Remedies Clause in Contracts

Default by Tenant and Landlords Remedies. (a) The following shall be Events of Default by Tenant under this Lease: (1) The failure of Tenant to pay an installment, or any portion thereof, of base or additional rent within ten (10) days after the due date thereof; (2) The continued default by Tenant in any of its other covenants or conditions under this Lease after thirty (30) days written notice of such default to Tenant; (3) The making by Tenant of an assignment for the benefit of its creditors; (4) The Tenant ceases the conduct of active business operations in, or abandons, the Leased Premises; (5) In the event proceedings are instituted by or against Tenant for the reorganization, liquidation or involuntary dissolution of Tenant, for its adjudication as a bankrupt or insolvent or under Chapter XI of the Bankruptcy Act, or for the appointment of a receiver of the property of Tenant, if involuntary, and said proceedings are not dismissed, and any receiver, trustee or liquidator appointed therein, discharged within thirty (30) days after the institution of said proceedings; (6) The doing or permitting to be done by Tenant of any act which creates a mechanic's lien or claim therefor against the land or building of which the Leased Premises are a part, except pursuant to Section 9(d). (b) Upon the occurrence of any Event of Default set forth above, Landlord, in addition to any of the remedies available at law or equity, shall have the option to pursue any one or more of the following remedies without any notice or demand: (1) Terminate this Lease and recover possession of the Leased Premises in accordance with Minnesota law, in which event Tenant shall immediately surrender the Leased Premises to Landlord and, if Tenant fails to surrender the Leased Premises, Landlord may, without prejudice to any other remedy which it may have for possession or recovery of rent, enter upon and take possession of the Leased Premises, and lock out, expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises without being liable for prosecution for any claim for damages. Tenant agrees to pay on demand the amount of all loss and damage which Landlord may suffer by reason of the termination of the Lease under this subsection, whether through the inability to relet the Leased Premises on satisfactory terms or otherwise. Upon termination of this Lease, the Landlord shall be entitled to recover from Tenant forthwith as its damages, the sum of money equal to a total of (i) all costs of recovering the Leased Premises, (ii) the unpaid rent owed at the time of termination, plus interest thereon from the due date at the maximum rate permitted by applicable law, (iii) an amount equal to the balance of the rent for the remainder of the terms, discounted to present value, utilizing an eight percent (8%) discount favor, and (iv) any other sum of money and damages owed by Tenant to Landlord; (2) Recover possession of the Leased Premises in accordance with Minnesota law without termination of the Lease and, if necessary, expel or remove the Tenant, and lock out, expel or remove Tenant and any other person that may be occupying all or any part of the Leased Premises without being liable for prosecution for any claim for damages, and relet the Leased Premises on behalf of Tenant, and receive directly the rent by reason of subletting. Tenant agrees to pay Landlord on demand any deficiency that may arise, by reason of any reletting of the Leased Premises and any expenditures made by Landlord for remodeling or repairing in order to relet the Leased Premises. No such re-entry or taking of possession of the Leased Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Tenant, or unless the termination thereof be decreed by a court of competent jurisdiction; If the default can be cured by the expenditure of money, Landlord may, at its option, cure such default, and Tenant shall be obligated to reimburse Landlord upon demand, as additional rent hereunder, for all such expenditures, together with interest, at the rate of twelve percent (12%) per annum or, if lesser, the maximum rate permitted by law, and costs and reasonable attorneys' fees incurred in connection with such cure and collecting such amounts from Tenant. In the event that Tenant defaults in the performance of any of the terms, covenants, agreements or conditions contained in this Lease, and Landlord successfully enforces all or any part of this Lease or recovers possession of the Leased Premises, Tenant agrees to pay or reimburse Landlord for all costs and expenses incurred in connection therewith, including reasonable attorneys' fees. ll rights and remedies of Landlord and Tenant herein shall be cumulative and none shall exclude any right or remedy allowed by law, and said rights and remedies may be exercised and enforced concurrently, and whenever and as often as the occasion therefore arises.

Default by Tenant and Landlords Remedies. (a) 12.01 The following events which are continuing shall be deemed to be Events of Default by Tenant under this Lease: (1a) The failure of If Tenant shall fail: (i) to pay an installment, Rent or any portion thereof, of base or additional rent other sum to be paid by Tenant hereunder within ten (10) days after delivery of written notice from Landlord that the same is due date thereof; and payable, or (2ii) The continued default by Tenant in to comply with any of its the other covenants terms, covenants, conditions or conditions under obligations of this Lease after thirty (30) days written notice of such default to Tenant; (3) The making by Tenant of an assignment for the benefit of its creditors; (4) The Tenant ceases the conduct of active business operations in, or abandons, the Leased Premises; (5) In the event proceedings are instituted by or against Tenant for the reorganization, liquidation or involuntary dissolution of Tenant, for its adjudication as a bankrupt or insolvent or under Chapter XI of the Bankruptcy Act, or for the appointment of a receiver of the property of Tenant, if involuntary, and said proceedings are not dismissed, and any receiver, trustee or liquidator appointed therein, discharged within thirty (30) days after written notice from Landlord, or in the institution case of a default which cannot be cured within a said proceedings; 30 day period, provided said cure has been commenced and is being diligently pursued during that initial period, the time within which to cure shall be extended for such period as may be necessary or (6b) The doing or permitting to be done by if Tenant shall file a petition in bankruptcy, make an assignment for the benefit of creditors, take advantage of any act which creates a mechanic's lien insolvency act, or claim therefor against be involuntarily placed in bankruptcy and such action is not dismissed within one hundred twenty (120) days, then and in any of such cases, Landlord may, if it so elects, at any time any such case is continuing, terminate this Lease, upon giving to Tenant notice in writing of its intention to do so. Upon the land or building giving of which such notice, this Lease shall terminate on the Leased Premises are a part, except pursuant to Section 9(d)date fixed in such notice. (b) Upon the occurrence of any If an Event of Default set forth aboveis continuing, Landlord, in addition to any of the remedies other remedy available at to Landlord under this Lease or available under law or equityin equity (all of which remedies shall be distinct, separate and cumulative), at Landlord's option, shall have the option right to, with or without terminating this Lease, re-enter the demised premises by judicial order take possession thereof and expel the Tenant and persons claiming under or through Tenant and re- possess the same and remove any tangible personal property or effects, all without liability for prosecution or damage, or Landlord may immediately upon the giving of written notice to pursue any one or more of the following remedies without any notice or demand: (1) Terminate Tenant, terminate this Lease and recover all of Tenant's rights hereunder and Tenant's right to possession of the Leased Premises and the Lease shall thereupon be terminated. All such property removed may be stored in a public warehouse or elsewhere at the cost of and for the account of Tenant for such period of time as may be required by applicable law after which time Landlord may dispose of such property in accordance with Minnesota law, in which event Tenant shall immediately surrender the Leased Premises to Landlord and, if Tenant fails to surrender the Leased Premises, Landlord may, without prejudice to any other remedy which it may have for possession or recovery of rent, enter upon and take possession of the Leased Premises, and lock out, expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises without being liable for prosecution for any claim for damages. Tenant agrees to pay on demand the amount of all loss and damage which Landlord may suffer by reason of the termination of the Lease under this subsection, whether through the inability to relet the Leased Premises on satisfactory terms or otherwise. Upon termination of this Lease, the Landlord shall be entitled to recover from Tenant forthwith as its damages, the sum of money equal to a total of (i) all costs of recovering the Leased Premises, (ii) the unpaid rent owed at the time of termination, plus interest thereon from the due date at the maximum rate permitted by applicable law, (iii) an amount equal to the balance of the rent for the remainder of the terms, discounted to present value, utilizing an eight percent (8%) discount favor, and (iv) any other sum of money and damages owed by Tenant to Landlord; (2) Recover possession of the Leased Premises in accordance with Minnesota law without termination of the Lease and, if necessary, expel or remove the Tenant, and lock out, expel or remove Tenant and any other person that may be occupying all or any part of the Leased Premises without being liable for prosecution for any claim for damages, and relet the Leased Premises on behalf of Tenant, and receive directly the rent by reason of subletting. Tenant agrees to pay Landlord on demand any deficiency that may arise, by reason of any reletting of the Leased Premises and any expenditures made by Landlord for remodeling or repairing in order to relet the Leased Premises. No such re-entry or taking of possession of the Leased Premises demised premises by Landlord pursuant hereto shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Tenant, Tenant or unless the termination thereof be decreed by a court of competent jurisdiction; If the default can be cured by the expenditure of money, Landlord may, at its option, cure such default, and Tenant shall be obligated to reimburse Landlord upon demand, as additional rent hereunder, for all such expenditures, together with interest, at the rate of twelve percent (12%) per annum or, if lesser, the maximum rate permitted by law, and costs and reasonable attorneys' fees incurred in connection with such cure and collecting such amounts from Tenant. In the event that of such re-entry by Landlord, Tenant defaults in nevertheless agrees to remain answerable for any and all damages Landlord may sustain by such recovery. 12.02 In case of any default followed by lawful re-entry, expiration, termination and/or dispossession, (a) the performance Rent, including Additional Rent due hereunder and all costs related thereto shall become due thereupon and be paid up through the time of such re-entry, expiration, termination and/or dispossession; and (b) Landlord may, without releasing Tenant, re-let the premises, for a term or terms, which may at Landlord's option, be less than or exceed the period which would otherwise have constituted the balance of the Term of this Lease and may charge a different rent therefor, and Tenant or the legal representatives of Tenant shall remain liable to Landlord as damages for the failure of Tenant to observe and perform said Tenant's covenants herein contained, for any deficiency between the Rent hereby reserved and/or covenanted to be paid and the net amount, if any, of the rent collected on account of the subsequent lease or leases of the Premises for each month of the period which would otherwise have constituted the balance of the Term. The failure of Landlord to re-let the Premises shall not release or affect Tenant's liability for damages but Landlord agrees to make normal efforts to re-let the Premises. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies provided herein or by law or equity, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any Base Rent additional rent due to the Landlord or of any actual compensatory damages accruing to Landlord by reason of this violation of any of the terms, covenantsprovisions, agreements and covenants of this Lease. Landlord shall in no event be entitled to consequential or conditions contained in punitive damages. No act or thing done by Landlord or its agents during the Lease term shall be deemed a termination of this Lease, or an acceptance of the surrender of the demised premises, and no agreement to terminate this Lease or accept a surrender of the demised premises shall be valid unless it is in writing signed by Landlord. Further, as set forth above, any termination by Landlord successfully enforces all because of any Tenant default shall not release Tenant from its rental obligations as damages to Landlord, together with Landlord's reasonably incurred attorneys fees and costs in any summary process action and in any other action by Landlord in pursuit of recovery of rent or damages from Tenant until full and complete recovery has been received by Landlord. No waiver by Landlord of any part violation or breach of any of the terms, provisions, and covenants of this Lease or recovers possession shall constitute a waiver of any such future violations. Landlord's acceptance of the Leased Premisespayment of rent or other payments hereunder after the occurrence of an Event of Default shall not be construed as a waiver of such default, unless Landlord so notifies Tenant agrees in writing. Forbearance by Landlord to pay enforce one or reimburse Landlord for all costs and expenses incurred in connection therewith, including reasonable attorneys' fees. ll rights and more of Landlord's remedies upon an Event of Landlord and Tenant herein Default shall be cumulative and none shall exclude not constitute a waiver of such default or of Landlord's right to enforce any right or remedy allowed by law, and said rights and remedies may be exercised and enforced concurrently, and whenever and as often as the occasion therefore arisessubsequent default.

Default by Tenant and Landlords Remedies. (a) 15.1 The following events shall be Events deemed to be events of Default default by Tenant under this Lease: (1) The failure of Tenant shall fail to pay an installment, or any portion thereof, installment of base or additional rent within rental hereunder and such failure shall continue for a period of ten (10) days after the due date thereof;. (2) The continued default by Tenant in shall fail to comply with any term, provision, or covenant of its this Lease, other covenants or conditions under this Lease after thirty than the payment of rental, and shall not cure such failure within fifteen (3015) days after written notice of such default Notice thereof to Tenant;. (3) The making by Tenant shall become insolvent, or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of its creditors;. (4) The Tenant ceases shall file a petition under any section or chapter of the conduct of active business operations inNational Bankruptcy act, as amended, or abandons, under any similar law or statute of the Leased Premises;United States or any State thereof; or Tenant shall be adjudged bankrupt or insolvent in proceedings filed against Tenant thereunder. (5) In the event proceedings are instituted by A receiver or against Tenant trustee shall be appointed for the reorganization, liquidation Demised Premises or involuntary dissolution for substantially all of the assets of Tenant, for its adjudication as a bankrupt or insolvent or under Chapter XI of the Bankruptcy Act, or for the appointment of a receiver of the property of Tenant, if involuntary, and said proceedings are not dismissed, and any receiver, trustee or liquidator appointed therein, discharged within thirty (30) days after the institution of said proceedings; (6) The doing Tenant shall desert or permitting vacate any portion of the Demised Premises. (7) Tenant shall do or permit to be done by Tenant of any act anything which creates a mechanic's lien or claim therefor against upon the land or building of which the Leased Premises are a part, except pursuant to Section 9(d). (b) Demised Premises. Upon the occurrence of any Event such events of Default set forth abovedefault, Landlord, in addition to any of the remedies available at law or equity, Landlord shall have the option to pursue any one or more of the following remedies without any notice Notice or demanddemand whatsoever: (1) A. Terminate this Lease and recover possession of the Leased Premises in accordance with Minnesota lawLease, in which event Tenant shall immediately surrender the Leased Demised Premises to Landlord andLandlord, and if Tenant fails to surrender the Leased Premisesdo so, Landlord may, without prejudice to any other remedy which it may have for possession or recovery of rentarrearages in rental, enter upon and take possession of the Leased Premises, Demised Premises and lock out, expel or remove Tenant and any other person who may be occupying all the Demised Premises or any part of the Leased Premises thereof, by force if necessary, without being liable for prosecution for or any claim for damages. of damages thereof; and Tenant agrees to pay to Landlord on demand the amount of all loss and damage which Landlord may suffer by reason of the termination of the Lease under this subsectionsuch termination, whether through the inability to relet the Leased Demised Premises on satisfactory terms or otherwise. Upon termination of this Lease, the Landlord shall be entitled to recover from Tenant forthwith as its damages, the sum of money equal to a total of (i) all costs of recovering the Leased Premises, (ii) the unpaid rent owed at the time of termination, plus interest thereon from the due date at the maximum rate permitted by applicable law, (iii) an amount equal to the balance of the rent for the remainder of the terms, discounted to present value, utilizing an eight percent (8%) discount favor, . B. Enter upon and (iv) any other sum of money and damages owed by Tenant to Landlord; (2) Recover take possession of the Leased Demised Premises in accordance with Minnesota law without termination of the Lease and, if necessary, expel or remove the Tenant, and lock out, expel or remove Tenant and any other person that who may be occupying all the Demised Premises or any part of the Leased Premises thereof, by force if necessary, without being liable for prosecution for or any claim for damagesdamages therefor, and if Landlord so elects, relet the Leased Demised Premises on behalf of Tenant, such terms as Landlord may deem advisable and receive directly the rent by reason of subletting. rental therefor; and Tenant agrees to pay Landlord on demand any deficiency that may arise, arise by reason of any reletting of such reletting. C. Enter upon the Leased Premises and any expenditures made by Landlord for remodeling or repairing in order to relet the Leased Premises. No such re-entry or taking of possession of the Leased Demised Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Tenant, force if necessary without being liable for prosecution or unless the termination thereof be decreed by a court of competent jurisdiction; If the default can be cured by the expenditure of money, Landlord may, at its option, cure such default, any claim for damage therefor and do whatever Tenant shall be is obligated to reimburse Landlord upon demand, as additional rent hereunder, for all such expenditures, together with interest, at do under the rate terms of twelve percent (12%) per annum or, if lesser, the maximum rate permitted by law, and costs and reasonable attorneys' fees incurred in connection with such cure and collecting such amounts from Tenant. In the event that Tenant defaults in the performance of any of the terms, covenants, agreements or conditions contained in this Lease, and Tenant agrees to reimburse Landlord successfully enforces all on demand for any expenses which Landlord may incur in this effecting compliance with Tenant’s obligation under this Lease, and Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from such action, whether caused by negligence of Landlord or otherwise. 15.2 If, on account of any part of this Lease breach or recovers possession default by Tenant in Tenant’s obligations hereunder, it shall become necessary for Landlord to employ an attorney to enforce or defend any of the Leased PremisesLandlord’s rights or remedies hereunder, Tenant agrees to pay any reasonable attorney’s fees incurred by Landlord in such connection. 15.3 A Security Deposit in the amount of $4,500.00 shall be held by Landlord without interest as security for the performance by Tenant’s covenants and obligations under this Lease, it being expressly understood that such deposit is not an advance payment of rental or reimburse a measure of Landlord’s damages in case of default by Tenant. Upon the occurrence of any event of default by Tenant, Landlord for all costs may, from time to time, without prejudice to any other remedy provided by law, use such fund to the extent necessary to make good any arrears of rent and expenses incurred any other damage, injury, expense or liability caused to Landlord by such event of default and Tenant shall pay to Landlord on demand the amount so applied in connection therewithorder to restore the security deposit to its original amount. If Tenant is not then in default hereunder, including reasonable attorneys' fees. ll rights any remaining balance of such deposit shall be returned by Landlord to Tenant upon termination of this Lease providing Demised Premises is left in good condition (broom clean), with keys returned and remedies repairs made after Tenant’s removal of sign. 15.4 Any sums payable by Tenant pursuant to the provisions of this Article shall be due and payable unless specifically provided elsewhere herein upon the demand of Landlord and Tenant herein such sums shall bear interest at the rate of fifteen percent (15%) per annum from the date of such demand until paid. 15.5 In the event any rent payable pursuant to this agreement is not timely paid and remains unpaid for a period of ten (5) days after payment would otherwise be due then a late payment charge shall be cumulative due and none payable upon demand of Landlord in an amount equal to the greater of fifty ($50.00) dollars or five percent (5%) times the amount unpaid for each partial or full calendar month during which such rent remains unpaid. This charge shall exclude be in addition to all other remedies provided for herein. The fee for checks returned unpaid to Landlord or marked insufficient funds shall be a minimum of $25.00. Landlord reserves the right to require a cashier’s check for any right sums due. 15.6 Notwithstanding anything to the contrary herein contained, if Tenant commits any default hereunder for or remedy allowed by lawprecedent to which or with respect to which Notice is herein required, and said rights commits such defaults within twelve (12) months thereafter, no Notice shall thereafter be required to be given by Landlord as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waiving the same) before exercising any or all remedies available to Landlord. 15.7 If Landlord commences any proceedings for non-payment of rent (minimum rent, percentage rent or additional rent), Tenant will not interpose any counterclaim of any nature or description in such proceedings. This shall not, however, be construed as a waiver of Tenant’s right to assert such claims in a separate action brought by Tenant. The covenants to pay rent and remedies may other amounts hereunder are independent covenants and Tenant shall have no right to hold back offset or fail to pay any such amounts for default by Landlord or any other reason whatsoever. 15.8 The payment and acceptance of Rent(s) hereunder shall not be, or be exercised construed to be, a waiver of any default under, or breach of, any term, covenant, condition or agreement of this Lease, other than the failure of Tenant to pay the particular Rent(s) so accepted. 15.9 If Landlord accepts a partial payment for Rent(s) due, this acceptance does not constitute accord and enforced concurrently, and whenever and satisfaction or a waiver of the Landlord’s right to the balance of the Rent(s) due as often as the occasion therefore arisesper this Lease.

Default by Tenant and Landlords Remedies. (a) The following shall be Events A. Event of Default Defined. Any one or more of the following events shall constitute an "Event of Default" by Tenant under this Lease: (1) The failure of . Tenant shall fail to pay an installmentwhen due any payment or expenses due hereunder. 2. Tenant shall fail to comply with any term of this Lease, other than the payment or any portion thereof, of base monies due hereunder or additional rent within ten (10) days after the due date thereof; (2) The continued default expenses demanded by Tenant in any of its other covenants or conditions under this Lease after thirty (30) days written notice of such default to Tenant; (3) The making by Tenant of an assignment for the benefit of its creditors; (4) The Tenant ceases the conduct of active business operations in, or abandons, the Leased Premises; (5) In the event proceedings are instituted by or against Tenant for the reorganization, liquidation or involuntary dissolution of Tenant, for its adjudication as a bankrupt or insolvent or under Chapter XI of the Bankruptcy Act, or for the appointment of a receiver of the property of Tenant, if involuntaryLandlord, and said proceedings are shall not dismissed, and any receiver, trustee or liquidator appointed therein, discharged cure such failure within thirty (30) days after written notice to Tenant, or such longer period as may be reasonably necessary to effect a cure, provided that Tenant has promptly commenced and is diligently prosecuting same with reasonable prospects of success provided that no cure period shall be allowed for a default which by its nature is incapable of being cured after the institution fact). 3. Tenant or any guarantor under this Lease shall file a petition under any section or chapter of said proceedings;the Bankruptcy Laws, as amended, or under any similar law or statute of the Untied States or any state thereof and such proceedings are not discharged within sixty (60) days after the filing thereof, or Tenant or any guarantor under the Lease shall be adjudged bankrupt or insolvent in proceedings filed against Tenant or any guarantor or Tenant's obligations under this Lease. (6) The doing 4. A receive or permitting trustee shall be appointed for all of the Premises or for all or substantially all of the assets of Tenant. 5. Tenant shall do or permit to be done by Tenant of any act anything which creates a mechanic's lien upon the Premises and shall fail to obtain the timely release or claim therefor against the land or building of which the Leased Premises are a part, except pursuant to Section 9(d)discharge. (b) Upon 6. This Lease or the occurrence estate of Tenant hereunder or any Event of Default set forth above, Landlord, beneficial interest in addition to any of the remedies available at law or equity, shall have the option to pursue any one or more of the following remedies without any notice or demand: (1) Terminate this Lease and recover possession of the Leased Premises in accordance with Minnesota law, in which event Tenant shall immediately surrender the Leased Premises to Landlord and, if Tenant fails to surrender the Leased Premises, Landlord may, without prejudice be transferred to any other remedy which it may have for possession person or recovery party except as allowed in this Lease. 7. The interest of rentTenant in this Lease, enter upon and take possession of the Leased Premises, and lock out, expel or remove Tenant and any other person who may be occupying all Premises or any part of the Leased Premises without being liable for prosecution for any claim for damages. Tenant agrees to pay on demand the amount of all loss and damage which Landlord may suffer by reason of the termination of the Lease under this subsection, whether through the inability to relet the Leased Premises on satisfactory terms or otherwise. Upon termination of this Lease, the Landlord shall be entitled to recover from Tenant forthwith as its damages, the sum levied on or under execution or by other process of money equal to a total of (i) all costs of recovering the Leased Premises, (ii) the unpaid rent owed at the time of termination, plus interest thereon from the due date at the maximum rate permitted by applicable law, (iii) an amount equal to the balance of the rent for the remainder of the terms, discounted to present value, utilizing an eight percent (8%) discount favor, and (iv) any other sum of money and damages owed by Tenant to Landlord; (2) Recover possession of the Leased Premises in accordance with Minnesota law without termination of the Lease and, if necessary, expel or remove the Tenant, and lock out, expel or remove Tenant and any other person that may be occupying all or any part of the Leased Premises without being liable for prosecution for any claim for damages, and relet the Leased Premises on behalf of Tenant, and receive directly the rent by reason of subletting. Tenant agrees to pay Landlord on demand any deficiency that may arise, by reason of any reletting of the Leased Premises and any expenditures made by Landlord for remodeling or repairing in order to relet the Leased Premises. No such re-entry or taking of possession of the Leased Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to directed against Tenant, or unless shall be taken upon or subject to any attachment at the termination thereof instance of any creditor or claimant against Tenant and said attachment shall not be decreed discharged or disposed of within sixty (60) days after the levy thereof. 8. The admission in writing by a court Tenant or any guarantor hereunder of competent jurisdiction; If the default can be cured by the expenditure its inability to pay its debts when due. 9. Any material representation of money, Landlord may, at its option, cure such default, and Tenant shall be obligated prove to reimburse Landlord upon demand, as additional rent hereunder, for all such expenditures, together with interest, at the rate of twelve percent (12%) per annum or, if lesser, the maximum rate permitted have been intentionally false. Any cure period provided by law, and costs and reasonable attorneys' fees incurred in connection with such cure and collecting such amounts from Tenant. In the event that Tenant defaults in the performance of any of the terms, covenants, agreements or conditions contained in this Lease, and Landlord successfully enforces all or any part of this Lease or recovers possession of the Leased Premises, Tenant agrees to pay or reimburse Landlord for all costs and expenses incurred in connection therewith, including reasonable attorneys' fees. ll rights and remedies of Landlord and Tenant herein statute shall be cumulative and none shall exclude deemed to run concurrently (rather than sequentially) with any right or remedy allowed by law, and said rights and remedies may be exercised and enforced concurrently, and whenever and as often as the occasion therefore arisescure period provided for herein.