Common use of Default by Tenant Remedies Clause in Contracts

Default by Tenant Remedies. Section 12.1. Each of the following shall be deemed an event of default (an "EVENT OF DEFAULT") and a breach of this Lease by Tenant: (a) If Tenant shall fail to pay the Fixed Rent or any Tenant's Expense Payment as and when due hereunder and such failure continues for a period of five (5) days after written notice of such failure has been delivered to Tenant (provided, however, that Landlord shall not be required to send more than two (2) such notices to Tenant during any consecutive twelve (12) month period, and thereafter it shall be an Event of Default if Tenant shall fail to pay the Fixed Rent or any Tenant Expense payment when due). (b) If Tenant shall fail to pay any Additional Rent required to be paid by Tenant hereunder and such failure continues for a period of five (5) days after written notice of such failure has been delivered to Tenant (provided, however, that Landlord shall not be required to send more than two (2) such notices to Tenant during any consecutive twelve (12) month period, and thereafter it shall be an Event of Default if Tenant shall fail to pay any Additional Rent when due). (c) If Tenant shall default in the performance or observance of any of the other agreements, conditions, covenants or terms herein contained, or if such default is of such a nature that it can be remedied, then if such default shall continue for thirty (30) days after written notice by Landlord to Tenant (or if such default is of such a nature that it cannot be completely remedied within said thirty (30) day period, then if Tenant does not agree in writing within such thirty (30) day period to cure the same, commence and thereafter diligently prosecute the cure and complete the cure within a reasonable period of time under the circumstances after such original written notice of default by Landlord to Tenant, but in any event prior to the time such failure would result in a violation of applicable laws or a default by Landlord under any Mortgage). (d) The occurrence and continuance of a Vacation of the Premises (as hereinafter defined) or a Material Abandonment of the Premises (as hereinafter defined). (e) If Tenant shall transfer all or any of its interest in this Lease without compliance with the provisions of this Lease applicable thereto. (f) Tenant fails or refuses to execute any subordination agreement required pursuant to Article 10 or estoppel certificate required pursuant to Article 14 within ten (10) business days after Tenant's receipt thereof. (g) Tenant shall fail to maintain any insurance that this Lease requires Tenant to maintain. (h) Tenant shall do or permit to be done any act which results in a lien being filed against the Premises or any improvements of part thereof if such lien is not released, bonded or otherwise provided for by indemnification satisfactory to Landlord within thirty (30) days after Tenant first obtains actual knowledge of such lien.

Default by Tenant Remedies. Section 12.1. Each of the following shall be deemed an event of default (an "EVENT OF DEFAULT") and a breach of this Lease by Tenant: (a) If Tenant defaults in fulfilling any of the covenants of this Lease, or if the Premises becomes vacant or deserted, or if this Lease be rejected under §365 of Title 11 of the U.S. Code (Bankruptcy Code); or if any execution or attachment shall fail to pay the Fixed Rent be issued against Tenant or any of Tenant's Expense Payment ’s property whereupon the Premises shall be taken or occupied by someone other than Tenant; then in any one or more of such events, upon Landlord serving a written 10 days notice with respect to a default in the payment of rent or additional rent or 30 days notice with respect to any other default notice upon Tenant specifying the nature of said default, and upon the expiration of said 10 or 30 days, as the case may be, if Tenant shall have failed to comply with or remedy such default, or if the said default or omission complained of shall be of a nature that the same cannot be completely cured or remedied within said 30 day period (it being intended that a default in the payment of rent or additional rent shall not have the benefit of this extension of the cure period), and when due hereunder if Tenant shall not have diligently commenced during such default within such 30 day period, and shall not thereafter with reasonable diligence and in good faith, proceed to remedy or cure such failure continues for default, then Landlord may serve a period of written five (5) days after written notice of such failure has been delivered to Tenant (provided, however, that Landlord shall not be required to send more than two (2) such notices to Tenant during any consecutive twelve (12) month periodcancellation of this Lease upon Tenant, and thereafter it upon the expiration of said five (5) days this Lease and the term thereunder shall be an Event end and expire as fully and completely as if the expiration of Default if such five (5) day period were the day herein definitely fixed for the end and expiration of this Lease and the term thereof, and Tenant shall fail then quit and surrender the Premises to pay the Fixed Rent or any Landlord, but Tenant Expense payment when due)shall remain liable as hereinafter provided. (b) If In case of re-entry or dispossession by legal proceedings, or termination of this Lease by Landlord as in subparagraph (a) above provided, Tenant shall fail be liable to pay any Additional Rent required Landlord for all reasonable expenses Landlord incurs for: (i) legal fees and other expenses related to be paid by Tenant hereunder obtaining possession; and such failure continues for a period of five (5ii) days after written notice of such failure has been delivered to Tenant (provided, however, that Landlord shall not be required to send more than two (2) such notices to Tenant during any consecutive twelve (12) month period, and thereafter it shall be an Event of Default if Tenant shall fail to pay any Additional Rent when due)brokerage commissions in obtaining another tenant. (c) If In addition to any other remedies Landlord may have under this Lease, Tenant shall default pay to Landlord interest at the lower of (i) 3% per annum above the prime rate published in the performance or observance of any of the other agreementsWall Street Journal (or, conditions, covenants or terms herein contained, or if such default is of such a nature that it can be remediedno longer published, then Landlord shall substitute a similar rate) or (ii) the highest rate permitted by law and on rent or additional rent paid more ten (10) days after same is due, which interest shall be paid for the period commencing on the date such rent or additional rent was first due and ending on the date same as paid. In addition, if such default any amounts of Rent due and payable under Section 3.1 hereof shall continue remain past due for more than thirty (30) days after written notice by days, Tenant shall pay to Landlord interest equal to Tenant (or if such default is of such a nature that it cannot be completely remedied within said thirty (30) day period, then if Tenant does not agree in writing within such thirty (30) day period to cure double the same, commence and thereafter diligently prosecute the cure and complete the cure within a reasonable period of time under the circumstances after such original written notice of default by Landlord to Tenant, but in any event prior to the time such failure would result in a violation of applicable laws or a default by Landlord under any Mortgage)aforesaid amount. (d) The occurrence If the Premises are not surrendered and continuance vacated as and at the time required by this Lease (time being of a Vacation the essence), Tenant shall be liable to Landlord for (a) all losses, costs, liabilities and damages which Landlord may incur by reason thereof, including, without limitation, reasonable attorneys’ fees, and Tenant shall indemnify, defend and hold harmless Landlord against all claims made by any succeeding tenants against Landlord or otherwise arising out of or resulting from the failure of Tenant to timely surrender and vacate the Premises in accordance with the provisions of this Lease, and (b) per diem use and occupancy in respect of the Premises equal to two times the fixed rent and additional rent payable under this lease for the last year of the term of this Lease (which amount Landlord and Tenant presently agree is the minimum to which Landlord would be entitled, is presently contemplated by them as hereinafter defined) or being fair and reasonable under such circumstances and is not a Material Abandonment penalty). In no event, however, shall this paragraph be constructed as permitting Tenant to hold over in possession of the Premises (as hereinafter defined)after the expiration or termination of the term of this Lease. (e) If Tenant shall transfer all or any of its interest in this Lease without compliance with the provisions of this Lease applicable theretoLANDLORD AND TENANT HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER AGAINST THE OTHER, OR AS TO ANY MATTERS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE, OR THEIR RELATIONSHIP AS LANDLORD AND TENANT, OR TENANT’S USE OR OCCUPANCY. (f) Tenant fails or refuses to execute any subordination agreement required pursuant to Article 10 or estoppel certificate required pursuant to Article 14 within ten (10) business days after Tenant's receipt thereof. (g) Tenant shall fail to maintain any insurance that this Lease requires Tenant to maintain. (h) Tenant shall do or permit to be done any act which results in a lien being filed against the Premises or any improvements of part thereof if such lien is not released, bonded or otherwise provided for by indemnification satisfactory to Landlord within thirty (30) days after Tenant first obtains actual knowledge of such lien.

Default by Tenant Remedies. Section 12.1. (a) Each of the following shall be deemed an event of a default (an "EVENT OF DEFAULT") by Tenant and a breach of this Lease: (i) filing of a petition by Tenant for adjudication as a bankrupt or an adjudication as a bankrupt or for reorganization or for an arrangement under any federal or state statute, except a Chapter 11 Bankruptcy where rent is being paid and the terms of the Lease are being complied with; (ii) involuntary dissolution or liquidation of Tenant; (iii) appointment of a permanent receiver or a permanent trustee of all or substantially all the property of Tenant, if such appointment shall not be vacated within one hundred and twenty (120) days; (iv) taking possession of the property of Tenant by Tenant: any governmental officer or agency pursuant to statutory authority for dissolution, rehabilitation, reorganization or liquidation of the Tenant if such taking of possession shall not be vacated within one hundred and twenty (120) days; (v) making by the Tenant of an assignment for the benefit of creditors. If any event mentioned in this subdivision (a) If Tenant shall fail occur, Landlord may thereupon or at any time thereafter elect to pay cancel this Lease by thirty (30) days notice to the Fixed Rent or any Tenant's Expense Payment tenant in possession and this Lease shall terminate on the day in such notice specified with the same force and effect as and when due hereunder and such failure continues if that date were the date herein fixed for the expiration of the term of the Lease. (i) Default in the payment of the base rent reserved for a period of five twenty (520) days after written notice of notice. In the event Tenant deducts from base rent or other charges hereunder such sums expended by Tenant to remedy defects or make repairs upon Landlord's failure has been delivered to perform its obligations hereunder, such action by Tenant (provided, however, that Landlord shall not be required to send more than two (2) such notices to Tenant during any consecutive twelve (12) month period, and thereafter it shall be an Event construed as a default in the payment of Default if Tenant shall fail to pay the Fixed Rent fixed rent or any Tenant Expense payment when due)other charges hereunder. (bii) If A default in the performance of any other covenant or condition of this Lease on the part of the Tenant shall fail to pay any Additional Rent required to be paid by Tenant hereunder and such failure continues performed for a period of five (5) days after written notice of such failure has been delivered to Tenant (provided, however, that Landlord shall not be required to send more than two (2) such notices to Tenant during any consecutive twelve (12) month period, and thereafter it shall be an Event of Default if Tenant shall fail to pay any Additional Rent when due). (c) If Tenant shall default in the performance or observance of any of the other agreements, conditions, covenants or terms herein contained, or if such default is of such a nature that it can be remedied, then if such default shall continue for thirty (30) days after written notice. For purposes of this subdivision (b) (ii) hereof, no default on the part of Tenant in performance of work required to be performed or acts to be done or conditions to be modified shall be deemed to exist if steps shall have been commenced by Tenant diligently after notice by to rectify the same and shall be prosecuted to completion with reasonable diligence, subject, however, to unavoidable delays. (c) In cases of any such default under Section (b) and at any time thereafter following the expiration of the respective grace periods above mentioned, Landlord may serve a notice upon the Tenant electing to Tenant terminate this Lease upon a specified date not less than twenty (or 20) days after the date of serving of such notice and this Lease shall then expire on the date so specified as if that date had been originally fixed as the expiration date of the term herein granted; however, a default under Section (b) hereof shall be deemed waived if such default is cured before the date specified for termination in the notice of termination served on Tenant. (i) a copy of the specified notices shall be served upon the original Tenant herein as well as the party entitled to possession, and (ii) Tenant shall be entitled to timely rectify any defaults occurring after such assignment or subletting. If Tenant assigns this Lease or sublets the Premises, Landlord, when giving notice to said assignee or subtenant or any future assignee or subtenant in respect of any default, shall also serve a copy of such a nature that it cannot be completely remedied within said thirty notice upon the original Tenant (30) day periodherein called the "Original Tenant"), then if Tenant does not agree in writing within such thirty (30) day period to cure the same, commence and thereafter diligently prosecute the cure and complete the cure within a reasonable period of time under the circumstances after such original written no notice of default shall be effective until a copy thereof is so given to the Original Tenant. The Original Tenant shall have the same period after receipt of such notice to cure such default as is given to Tenant therefor under this Lease. If this Lease terminates or this Lease and the term hereof ceases and expires because of a default of such assignee or subtenant after an assignment of this Lease or sublease shall have been made, Landlord shall promptly give to the Original Tenant notice thereof; and the Original Tenant shall have the option, exercisable by the giving of notice by the Original Tenant to Landlord within ten (10) days after receipt by the Original Tenant of Landlord's notice, to cure any default and become Tenant under a new lease for the remainder of the term of this Lease (including any renewal periods) upon all of the same terms and conditions as then remain under this Lease, and such new lease shall commence on the date of termination of this Lease, except that if the Original Tenant is occupying less than ten percent (10%) of the Premises, Landlord may deliver to the Original Tenant, but in any event prior together with Landlord's notice, a release as to the time such failure would result in a violation of applicable laws or a default by Landlord all future liability under any Mortgage)this Lease. (d) The occurrence In case this Lease shall be terminated as hereinbefore provided, or by legal proceedings, Landlord or its agents may, immediately or any time thereafter, re-renter and continuance of a Vacation resume possession of the Premises (as hereinafter defined) or such part thereof, and remove all persons and property therefrom, by a Material Abandonment suitable action or proceeding at law. No re-entry by Landlord shall be deemed an acceptance of the Premises (as hereinafter defined)a surrender of this Lease. (e) If Tenant In case this Lease shall transfer all be terminated as hereinbefore provided, Landlord shall, in its own name but as agent for Tenant, if the Lease be not terminated, or if the Lease be terminated in its own behalf, use its best efforts to mitigate its damages and relet the whole or any portion of its interest the Premises for any sum which may be reasonable, giving due consideration to the rents reserved herein and in connection with any such lease, Landlord may make such changes in the character of the improvements on the Premises as may be appropriate or helpful in effecting such lease. Landlord shall not in any event be required to pay Tenant any surplus of any sums received by Landlord on a reletting of the Premises in excess of the rent reserved in this Lease without compliance with the provisions of this Lease applicable theretoLease. (f) In case this Lease shall be terminated as provided in Section (c), subject to rebuttal by Tenant, Landlord shall be entitled to recover from the Tenant, the following: (i) a sum equal to all reasonable expenses, if any, including reasonable counsel fees, incurred by Landlord in recovering possession of the Premises, and all reasonable costs and charges for the care of said Premises while vacant, which damages, less the avails of reletting, shall be due and payable by Tenant fails to Landlord; and (ii) a sum equal to the amount of all rent and other charges reserved under this Lease which shall be due and payable by Tenant to Landlord on the several days on which the rent and other charges reserved in this Lease would have become due and payable, less the greater of (1) the fair rental value of the Premises, or refuses (2) the net rent, if any, collected by Landlord on reletting the Premises; that is, upon each of such days Tenant shall pay to execute Landlord the amount of deficiency then existing after receipt of credit for the fair rental value or net rent collected by Landlord. Any excess amounts of rent collected by Landlord shall be credited against future rent. Such net rent collected on reletting shall be computed by deducting from the gross rents collected all necessary expenses incurred in connection with reletting of the Premises or any subordination agreement required pursuant to Article 10 or estoppel certificate required pursuant to Article 14 within ten (10) business days after Tenant's receipt part thereof, including reasonable brokers' commissions. (g) Separate actions may be maintained by Landlord against Tenant shall fail from time to maintain time to recover any insurance that damages which, at the commencement of any such action, have then or theretofore become due and payable to the Landlord under this Lease requires Tenant to maintainSection without waiting until the end of the then current term. (h) Tenant shall do or permit to be done any act which results in a lien being filed against the Premises or any improvements of part thereof if such lien is not released, bonded or otherwise provided for by indemnification satisfactory to Landlord within thirty (30) days after Tenant first obtains actual knowledge of such lien.

Default by Tenant Remedies. Section 12.1. Each of the following If (i) default shall be deemed an event made in the payment of default (an "EVENT OF DEFAULT") and a breach of any sum to be paid by Tenant under this Lease by Tenant: (a) If Tenant shall fail to pay the Fixed Rent or any Tenant's Expense Payment as and when due hereunder and such failure continues default shall continue for a period of five ten (510) days after written notice of such failure has been delivered to Tenant (provided, however, provided that if Landlord shall not be required to send more than has provided Tenant with two (2) such notices with respect to Tenant Base Rental or Tenant’s Additional Rental already during any consecutive twelve (12) the preceding twelve-month period, and thereafter it shall be an Event of Default if then Tenant shall fail to pay the Fixed Rent or any Tenant Expense payment when due). (b) If Tenant shall fail to pay any Additional Rent required to be paid by Tenant hereunder and such failure continues for a period of five (5) days after written notice of such failure has been delivered to Tenant (provided, however, that Landlord shall not be required entitled to send more than two (2) further notice of any such notices subsequent monetary default during the ensuing twelve-month period and the next such monetary default within any such consecutive twelve-month period shall thus be an automatic default hereunder without any obligation of notice thereof by Landlord to Tenant during any consecutive twelve (12) month periodTenant), and thereafter it or default shall be an Event of Default if Tenant shall fail to pay any Additional Rent when due). (c) If Tenant shall default made in the performance or observance of any of the other agreements, conditions, covenants or terms herein contained, or if such default conditions which Tenant is of such a nature that it can be remedied, then if required to observe and to perform and such default shall continue for thirty (30) days after written notice by Landlord days, provided that if Tenant is not able to Tenant (or if cure such default is of such a nature that it cannot be completely remedied within said in thirty (30) day perioddays, and provided that Tenant is diligently pursuing such cure, then if Tenant does not agree in writing within such thirty (30) day period to cure the same, commence and thereafter diligently prosecute the cure and complete the cure within a reasonable period of time under the circumstances after such original written notice of default by Landlord to Tenant, but in any event prior to the time such failure would result in a violation of applicable laws or a default by Landlord under any Mortgage). (d) The occurrence and continuance of a Vacation of the Premises (as hereinafter defined) or a Material Abandonment of the Premises (as hereinafter defined). (e) If Tenant shall transfer all or any of its interest in this Lease without compliance with the provisions of this Lease applicable thereto. (f) Tenant fails or refuses to execute any subordination agreement required pursuant to Article 10 or estoppel certificate required pursuant to Article 14 within ten (10) business days after Tenant's receipt thereof. (g) Tenant shall fail to maintain any insurance that this Lease requires Tenant to maintain. (h) Tenant shall do or permit to be done any act which results in a lien being filed against the Premises or any improvements of part thereof if such lien is not released, bonded or otherwise provided for by indemnification satisfactory to Landlord within will have an additional thirty (30) days after written notice thereof to Tenant, or if the interest of Tenant first obtains actual knowledge under this Lease shall be levied on under execution or other legal process, or if any petition shall be filed by or against Tenant to declare Tenant a bankrupt or to delay, reduce, or modify Tenant’s debts or obligations, or if any petition shall be filed or other action taken to reorganize or modify Tenant’s capital structure, or if Tenant shall be declared insolvent according to law, or if any assignment of Tenant’s property shall be made for the benefit of creditors, or if a receiver or trustee is appointed for Tenant or its property, or if Tenant shall be a corporation or limited liability company and Tenant shall cease to exist as a corporation or limited liability company in good standing in the State of its incorporation or formation, or if Tenant shall be a partnership or other entity and Tenant shall be dissolved or otherwise liquidated, or Landlord applies or retains any part of the security held by it hereunder, and Tenant fails to deposit with Landlord the amount so applied or retained by Landlord, or to provide Landlord with a replacement Letter of Credit, if applicable, within five (5) days after notice by Landlord to Tenant stating the amount applied or retained, then Landlord may treat the occurrence of any one or more of the foregoing events as a breach and default of this Lease and, thereupon, at Landlord’s option, Landlord may have and enforce any one or more of the following described remedies, in addition to all other rights and remedies provided at law or in equity: (a) Landlord 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 (i) the cost of recovering the Leased Premises (including attorneys’ fees and costs of suit), (ii) the unpaid Rent earned at the time of such lientermination, plus interest thereon at the rate described in Section 2.2(d) hereof, (iii) the present value discounted at the rate of four percent (4%) per annum of the balance of the rent for the remainder of the Term of this Lease less the present value (discounted at the same rate) of the fair market rental value of the Leased Premises for said period, and (iv) any other sum of money and damages owed by Tenant to Landlord hereunder. (b) Landlord may terminate Tenant’s right of possession without terminating this Lease and may repossess the Leased Premises by forcible entry and detainer suit or otherwise, without thereby releasing Tenant from any liability hereunder and without demand or notice of any kind to Tenant. If Landlord terminates Tenant’s right of possession, Landlord may, but shall be under no obligation to, relet the Leased Premises for the account of Tenant for such rent and upon such terms as shall be satisfactory to Landlord. For the purpose of such reletting, Landlord is authorized to decorate or to make any repairs, changes, alterations or additions in or to Leased Premises as may be reasonably necessary or desirable. If Landlord shall fail or refuse to relet the Leased Premises, or if the Leased Premises are relet and a sufficient sum shall not be realized from such reletting after first deducting therefrom, for retention by Landlord, the unpaid Rent due hereunder earned but unpaid at the time of reletting plus interest thereon at the rate specified in subsection herein, the cost of recovering possession (including attorneys’ fees and costs of suit), all of the costs and expenses of such decorations, repairs, changes, alterations, and additions, the expense of such reletting, and the cost of collection of Rent accruing therefrom to satisfy Rent provided for in this Lease to be paid, then (i) if the Leased Premises has not been relet, Tenant shall pay to Landlord as damages a sum equal to the amount of Rent reserved in this Lease for such period or periods, plus the cost of recovering possession of the Leased Premises (including attorneys’ fees and costs of suit), the unpaid Rent earned at the time of repossession plus interest thereon at the rate described in Section 2.2.(d) hereof, and the costs incurred in any attempt by Landlord to relet the Leased Premises, or (ii) if the Leased Premises have been relet, the Tenant shall satisfy and pay any such deficiency. Any such payments due Landlord shall be made upon demand therefor from time to time, and Tenant agrees that Landlord may file suit to recover any sums falling due under the terms of this Section 7.2(c) from time to time. No delivery to or recovery by Landlord of any portion of any amount due Landlord hereunder shall be any defense in any action to recover any amount not theretofore reduced to judgment in favor of Landlord, nor shall any such reletting be construed as an election on the part of Landlord to terminate this Lease unless a written notice of such intention shall be given to Tenant by Landlord. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Nothing contained in this Lease shall limit or prejudice the right of Landlord to prove and obtain in any proceedings to enforce Landlord’s rights hereunder, including, without limitation, any proceedings for bankruptcy or insolvency by reason of the termination of this Lease, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, the damages are to be proved, whether or not such amount shall be greater, equal to, or less than the amount of the loss or damages referred to above. If and to the extent required by applicable law, Landlord will use commercially reasonable efforts to mitigate its damages resulting from a default by Tenant. Notwithstanding the foregoing, the inability of Tenant to create an employee parking program in accordance with Item 10 on the Parking Agreement set forth on Exhibit “G” hereto shall not be considered a default of this Lease.

Default by Tenant Remedies. Section 12.1. Each Time is of the essence of this Lease. If Tenant violates or breaches or fails to keep or perform any covenant, term or condition of this Lease, and if such default or violation continues for or is not remedied within three (3) (or, if no default in the rent is involved, within ten (10) days after notice in writing thereof given by Landlord to Tenant specifying the matter claimed to be in default, then Landlord shall have the following rights and remedies, at its option which shall not be exclusive, but shall be deemed an event of default (an "EVENT OF DEFAULT") cumulative and a breach of this Lease by Tenant: in addition and supplemental to any and all other rights and/or remedies that Landlord may have at law or in equity: (a) If to declare the Lease term ended and to reenter the Premises without notice to vacate (any right to which is hereby waived by Tenant) and take possession of the Premises and remove all persons therefrom, and Tenant shall fail have no further claim thereon or hereunder and Landlord may recover from Tenant all rent then due or thereafter accruing and such other damages as are caused by Tenant’s default; or (b) without declaring this Lease terminated, to pay reenter the Fixed Rent Premises without notice to vacate (any right to which is hereby waived by Tenant) and occupy the whole or any Tenant's Expense Payment as part thereof for and when due hereunder on account of Tenant and such failure continues to collect any unpaid rentals and other charges, which have become payable, or which may thereafter became payable, all without being liable for a period forcible entry, trespass or other tort; or (c) even though it may have reentered the Premises, to thereafter elect to terminate this Lease and all of five the rights of Tenant or to the Premises. If Landlord reenters the Premises under option (5b) days after written notice of such failure has been delivered to Tenant (providedabove, however, that Landlord shall not be required deemed to send more than two (2) such notices to have terminated this Lease or the liability of Tenant during any consecutive twelve (12) month period, and thereafter it shall be an Event of Default if Tenant shall fail to pay any rental or other charges thereafter accruing, or to have terminated Tenant’s liability for damages under any of the Fixed Rent provisions hereof, by any such reentry or by any action, in unlawful detainer or otherwise to obtain possession of the Premises, unless Landlord shall have notified Tenant in writing that it has so elected to terminate this Lease. In the event of any entry or taking possession of the Premises, Landlord shall have the right, but not the obligation, to remove therefrom all or any part of the personal property located therein and may place the same in storage at a public warehouse at the expense and risk of Tenant. If Landlord elects to terminate this Lease pursuant to the provisions of options (a) or (c) above, Landlord may recover from Tenant Expense payment when due). as damages, the following: (i) the worth at the time of award of any unpaid rental which had been earned at the time of such termination; plus (ii) the worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (iii) the worth at the time of award of the amount by which the unpaid rental for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrorn, including but not limited to, any costs or expenses incurred by Landlord in (a) retaking possession of the Premises, including reasonable attorneys’ fees therefor, (b) If Tenant maintaining or preserving the Premises after such default, (c) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises for such reletting (d) leasing commissions, and (e) any other costs necessary or appropriate to relet the Premises; plus (v) at Landlord’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 Washington As used in items (i) and (ii) above, the “worth at the time of award” is computed by allowing interest at the interest rate specified in Section 7 hereof. As used in item (iii) above, the “worth at the time of award” is computed by using a discount rate of four percent (4%). For all proposes of this Section 22 only, the term “rental” shall fail be deemed to pay any Additional Rent be the base rental and all additional rent and other sums required to be paid by Tenant hereunder and such failure continues for a period pursuant to the terms of five (5) days after written notice of such failure has been delivered to Tenant (providedthis Lease. Finally, however, that Landlord shall not be required to send more than two (2) such notices to Tenant during any consecutive twelve (12) month period, and thereafter it shall be an Event of Default if Tenant shall fail to pay any Additional Rent when due). (c) If Tenant shall default in the performance vacates or observance of any of the other agreements, conditions, covenants or terms herein contained, or if such default is of such a nature that it can be remedied, then if such default shall continue for thirty (30) days after written notice by Landlord to Tenant (or if such default is of such a nature that it cannot be completely remedied within said thirty (30) day period, then if Tenant does not agree in writing within such thirty (30) day period to cure the same, commence and thereafter diligently prosecute the cure and complete the cure within a reasonable period of time under the circumstances after such original written notice of default by Landlord to Tenant, but in any event prior to the time such failure would result in a violation of applicable laws or a default by Landlord under any Mortgage). (d) The occurrence and continuance of a Vacation of abandons the Premises (as hereinafter defined) or a Material Abandonment of the Premises (as hereinafter defined). (e) If Tenant shall transfer all or any of its interest in this Lease without compliance with the provisions of this Lease applicable thereto. (f) Tenant and fails or refuses to execute any subordination agreement required pursuant to Article 10 or estoppel certificate required pursuant to Article 14 reoccupy them within ten (10) business days after Tenant's receipt thereof. Landlord (g1) delivers a notice to the Premises (which will be unoccupied) demanding such re-occupancy and (2) mails by certified or registered mail a copy of the notice to any forwarding address given by Tenant to Landlord in writing, Tenant shall fail to maintain any insurance that be in default under this Lease requires Tenant to maintainLease. (h) Tenant shall do or permit to be done any act which results in a lien being filed against the Premises or any improvements of part thereof if such lien is not released, bonded or otherwise provided for by indemnification satisfactory to Landlord within thirty (30) days after Tenant first obtains actual knowledge of such lien.

Default by Tenant Remedies. Section 12.1. Each The occurrence of one or more of the following events shall be deemed an event of constitute a default (an "EVENT OF DEFAULT") and a breach of this Lease by Tenant: (a) If the vacating or abandonment of the Premises; (b) the failure by Tenant shall fail to pay the Fixed Rent or make any Tenant's Expense Payment as and when due hereunder and such failure continues for a period payment of rent within five (5) days after written notice of such payment falls due; (c) the failure has been delivered by Tenant to Tenant (provided, however, that Landlord shall not be required to send more than two (2) such notices to Tenant during make any consecutive twelve (12) month period, and thereafter it shall be an Event of Default if Tenant shall fail to pay the Fixed Rent or any Tenant Expense other payment when due). (b) If Tenant shall fail to pay any Additional Rent required to be paid made by Tenant hereunder hereunder, as and when due, where such failure continues shall continue for a period of five 10 days after notice from Landlord that said payment is due and payable; or (5d) the failure by tenant to observe or perform any of the covenants, conditions or provisions of this Lease, to be observed or performed by the Tenant, other than those described above, where such failure shall continue for a period of 30 days after written notice of such failure has been delivered to Tenant (provided, however, that Landlord shall not be required to send more than two (2) such notices to Tenant during any consecutive twelve (12) month period, and thereafter it shall be an Event of Default if Tenant shall fail to pay any Additional Rent when due). (c) If Tenant shall default in the performance or observance of any of the other agreements, conditions, covenants or terms herein contained, or if such default is of such a nature that it can be remedied, then if such default shall continue for thirty (30) days after written notice by Landlord to Tenant (or if such default is of such a nature that it cannot be completely remedied within said thirty (30) day period, then if Tenant does not agree in writing within such thirty (30) day period to cure the same, commence and thereafter diligently prosecute the cure and complete the cure within a reasonable period of time under the circumstances after such original written notice of default thereof by Landlord to Tenant. In the event of any default or breach by Tenant, but in Landlord may at any event prior time, without waiving or limiting any other right or remedy available to the time such failure would result in a violation of applicable laws it, terminate Tenant's rights under this Lease by written notice or a default by Landlord under any Mortgage). (d) The occurrence lawful means, or reenter and continuance of a Vacation take possession of the Premises (as hereinafter definedwith or without terminating this Lease) in which event all Minimum Rent and Additional Rent due hereunder shall be accelerated and become immediately due and payable, or a Material Abandonment itself pay or perform the obligation as, to which Tenant is in default (in which event Landlord's cost of so doing shall be immediately reimbursed to it by Tenant), or pursue any remedy allowed by law. Tenant agrees to pay to Landlord the cost of recovering possession of the Premises, all expenses associated with reletting, and any other costs or damages arising out of Tenant's default. Notwithstanding any re-entry or termination, the liability of Tenant for the Minimum Rent and Additional Rent provided for herein shall not be extinguished for the balance of the term of this Lease, and Tenant agrees to make good to Landlord any deficiency arising from reletting the Premises (as hereinafter defined). (e) If Tenant shall transfer all at a lesser rent than applies under this Lease. Any rent or any of its interest in other charges under this Lease without compliance with not paid by Tenant when due shall bear interest from the provisions due date thereof at the rate of this Lease applicable theretoeighteen percent (18%) per annum or the maximum contract rate allowed by law, whichever is less. (f) Tenant fails or refuses to execute any subordination agreement required pursuant to Article 10 or estoppel certificate required pursuant to Article 14 within ten (10) business days after Tenant's receipt thereof. (g) Tenant shall fail to maintain any insurance that this Lease requires Tenant to maintain. (h) Tenant shall do or permit to be done any act which results in a lien being filed against the Premises or any improvements of part thereof if such lien is not released, bonded or otherwise provided for by indemnification satisfactory to Landlord within thirty (30) days after Tenant first obtains actual knowledge of such lien.

Default by Tenant Remedies. Section 12.1. Each A. If (i) default be made in the payment of the following shall be deemed an event of default (an "EVENT OF DEFAULT") and a breach of this Lease by Tenant: (a) If Tenant shall fail to pay the Fixed Rent or any additional charge payable hereunder by Tenant's Expense Payment as and when due hereunder , and such failure continues default shall continue for a period of five (5) days after written notice of such failure has been delivered to default, or (ii) default be made in any of the other covenants or conditions herein contained on the part of Tenant (provided, however, that Landlord shall not be required to send more than two (2) such notices to Tenant during any consecutive twelve (12) month period, and thereafter it shall be an Event of Default if Tenant shall fail to pay the Fixed Rent or any Tenant Expense payment when due). (b) If Tenant shall fail to pay any Additional Rent required to be paid by Tenant hereunder and such failure continues default shall continue for a period of five twenty (520) days after written notice thereof shall have been given to Tenant, (except that such 20-day period shall be automatically extended for an additional period of time reasonably necessary to cure such failure has been delivered default, if such default cannot be cured within such first 20-day period and provided Tenant commences the process of curing such default within said first 20-day period and continuously and diligently pursues such cure to completion), or (iii) Tenant shall become insolvent or bankrupt or makes an assignment for the benefit of creditors, or (providediv) a receiver or trustee of Tenant’s property shall be appointed and such receiver or trustee, howeveras the case may be, that Landlord shall not be required discharged within sixty (60) days after such appointment, then in any such case, Landlord may, without further notice to send more than two (2) Tenant, notice being hereby waived, terminate Tenant’s tenancy and recover possession of and reenter the Premises without accepting a surrender of the Premises or affecting Tenant’s liability for past Rent and other charges due or future rent and other charges to accrue hereunder. In the event of any such notices to Tenant during any consecutive twelve (12) month perioddefault, and thereafter it Landlord shall be entitled to recover from Tenant, in addition to Rent and other charges equivalent to rent, all other damages sustained by Landlord on account of the breach of this Lease, including, but not limited to, the costs, expenses and attorney fees incurred by Landlord in enforcing the terms and provisions hereof and in reentering and recovering possession of the Premises and for the cost of repairs, alterations and brokerage and attorney fees connected with the re-letting of the Premises, but excluding consequential or incidental damages other than out-of-pocket expenses incurred by Landlord and delineated herein. As an Event alternative, at the election of Default Landlord, Landlord shall have the right to accept a surrender of the Premises (without the need for any affirmative act or acquiescence by Tenant), without any further rights or obligations on the part of Landlord or Tenant (other than Tenant’s obligation for Rent and other charges due and owing through the date of acceptance of surrender), so that Landlord may re-let the Premises without any right on the part of Tenant to any credit or payment resulting from any re-letting of the Premises. Alternatively, at the option of the Landlord, if Tenant’s tenancy is so terminated, Landlord may recover forthwith against Tenant shall fail as damages for loss of the bargain and not as a penalty an aggregate sum, which at the time of such termination of Tenant’s tenancy, represents the amount of the excess, if any, of the value of the whole balance of Rent, charges and all other sums payable hereunder for the entire balance of the term of this Lease herein reserved or agreed to pay any Additional Rent when duebe paid by Tenant, over the then current fair market rental value of the Premises (including “triple net” charges), such difference to be discounted to net present value at the rate of eight percent (8%) per annum. In case of a default under this Lease, Landlord may, in addition to terminating Tenant’s tenancy and/or accepting a surrender, or in lieu thereof, pursue such other remedy or combination of remedies and recover such other damages for breach of tenancy and/or contract as available at law or otherwise. (c) If Tenant shall default B. In addition to the other remedies provided to each party under this Lease, each party is entitled to all other remedies provided at law or in equity, including without limitation, to the performance extent permitted by applicable law, injunctive relief in case of the violation, or observance attempted or threatened violation, of any of the other agreements, conditions, covenants or terms herein containedof this Lease, or if such default is of such to a nature that it can be remedied, then if such default shall continue for thirty (30) days after written notice by Landlord to Tenant (or if such default is of such a nature that it cannot be completely remedied within said thirty (30) day period, then if Tenant does not agree in writing within such thirty (30) day period to cure the same, commence and thereafter diligently prosecute the cure and complete the cure within a reasonable period of time under the circumstances after such original written notice of default by Landlord to Tenant, but in any event prior to the time such failure would result in a violation of applicable laws or a default by Landlord under any Mortgage). (d) The occurrence and continuance of a Vacation decree compelling specific performance of the Premises (as hereinafter defined) terms of this Lease. No right or a Material Abandonment remedy of either party under this Lease is intended to be exclusive of any other right or remedy. Each right and remedy of each party is cumulative and may be exercised in addition to all other rights or remedies under this Lease, or now or hereafter existing at law, in equity or by statute. The terms of this paragraph 7 shall survive termination or expiration of the Premises (as hereinafter defined)Lease. (e) If Tenant shall transfer all or any of its interest in this Lease without compliance with the provisions of this Lease applicable thereto. (f) Tenant fails or refuses to execute any subordination agreement required pursuant to Article 10 or estoppel certificate required pursuant to Article 14 within ten (10) business days after Tenant's receipt thereof. (g) Tenant shall fail to maintain any insurance that this Lease requires Tenant to maintain. (h) Tenant shall do or permit to be done any act which results in a lien being filed against the Premises or any improvements of part thereof if such lien is not released, bonded or otherwise provided for by indemnification satisfactory to Landlord within thirty (30) days after Tenant first obtains actual knowledge of such lien.

Default by Tenant Remedies. Section 12.1. Each of the following shall be deemed an event of default (an "EVENT OF DEFAULT") and a breach of this Lease by Tenant: (a) If Tenant shall fail to pay the Fixed Rent or any Tenant's Expense Payment as and when due hereunder and such failure continues for a period of five (5) days after written notice of such failure has been delivered to Tenant (provided, however, that Landlord shall not be required to send more than two (2) such notices to Tenant during any consecutive twelve (12) month period, and thereafter it shall be an Event of Default if Tenant shall fail to pay the Fixed Rent or any Tenant Expense payment Payment when due). (b) If Tenant shall fail to pay any Additional Rent required to be paid by Tenant hereunder and such failure continues for a period of five twenty (520) days after written notice of such failure has been delivered to Tenant (provided, however, that Landlord shall not be required to send more than two (2) such notices to Tenant during any consecutive twelve (12) month period, and thereafter it shall be an Event of Default if Tenant shall fail to pay any Additional Rent when due). (c) If Tenant shall default in the performance or observance of any of the other agreements, conditions, covenants or terms herein contained, or if such default is of such a nature that it can be remedied, then if such default shall continue for thirty (30) days after written notice by Landlord to Tenant (or if such default is of such a nature that it cannot be completely remedied within said thirty (30) day period, then if Tenant does not agree in writing within such thirty (30) day period to cure the same, commence and thereafter diligently prosecute the cure and complete the cure within a reasonable period of time under the circumstances after such original written notice of default by Landlord to Tenant, but in any event prior to the time such failure would result in a violation of applicable laws or a default by Landlord under any Mortgage). (d) The occurrence and continuance of a Vacation of the Premises (as hereinafter defined) or a Material Abandonment of the Premises (as hereinafter defined). (e) If Tenant shall transfer all or any of its interest in this Lease without compliance with the provisions of this Lease applicable thereto. (f) Tenant fails or refuses to execute any subordination agreement required pursuant to Article ARTICLE 10 or estoppel certificate required pursuant to Article ARTICLE 14 within ten (10) business days after Tenant's receipt thereof. (g) Tenant shall fail to maintain any insurance that this Lease requires Tenant to maintain. (h) Tenant shall do or permit to be done any act which results in a lien being filed against the Premises or any improvements of part thereof if such lien is not released, bonded or otherwise provided for by indemnification satisfactory to Landlord within thirty (30) days after Tenant first obtains actual knowledge of such lien.

Default by Tenant Remedies. Section 12.1. Each of the following shall be deemed an event of default (an "EVENT OF DEFAULT"“Event of Default”) and a breach of this Lease by Tenant: (a) If Tenant shall fail to pay the Fixed Rent or any Tenant's Expense Payment as and when due hereunder and such failure continues shall not be said by Tenant for a period of five ten (510) days after written notice from Landlord of such failure has been delivered to Tenant (provided, however, that Landlord shall not be required to send more than two (2) such notices to Tenant during any consecutive twelve (12) month period, and thereafter it shall be an Event of Default if Tenant shall fail to pay the Fixed Rent or any Tenant Expense payment when due)failure. (b) If Tenant shall fail to pay any Additional Rent required to be paid by Tenant hereunder and such failure continues for a period of five ten (510) days after written notice from Landlord of such failure has been delivered to Tenant (provided, however, that Landlord shall not be required to send more than two (2) such notices to Tenant during any consecutive twelve (12) month period, and thereafter it shall be an Event of Default if Tenant shall fail to pay any Additional Rent when due)failure. (c) If Tenant shall default in the performance or observance of any of the other agreements, conditions, covenants or terms herein contained, or if such default is of such a nature that it can be remedied, then if such default shall continue for thirty (30) days after written notice by Landlord to Tenant (or if such default is of such a nature that it cannot be completely remedied within said thirty (30) day period, then if Tenant does not agree in writing within such thirty (30) day period to cure the same, commence and thereafter diligently prosecute the cure and complete the cure within a reasonable period of time under the circumstances after such original written notice of default by Landlord to Tenant, but in any event prior to the time such failure would result in a violation of applicable laws or a default by Landlord under any Mortgage). (d) The occurrence and continuance of a Vacation of the Premises (as hereinafter defined) or a Material Abandonment of the Premises (as hereinafter defined). (e) If Tenant shall transfer Transfer all or any of its interest in this Lease without compliance with the provisions of this Lease applicable thereto. (fe) If (i) Tenant fails shall commence any case, proceeding or refuses other action (A) under any existing or future law of any jurisdiction, domestic or foreign, relating to execute bankruptcy, insolvency, reorganization or relief of debtors, seeking to have an order for relief entered with respect to Tenant, or seeking to adjudicate Tenant a bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution, composition or other relief with respect to Tenant or Tenant’s debts, or (B) seeking appointment of a receiver, trustee, custodian or other similar official for Tenant or for all or any subordination agreement required substantial part of Tenant’s property; or (ii) Tenant shall make a general assignment for the benefit of Tenant’s creditors; or (iii) there shall be commenced against Tenant any case, proceeding or other action of a nature referred to in clause (i) above or seeking issuance of a warrant of attachment, execution, distraint or similar process against all or any substantial part of Tenant’s property, which case, proceeding or other action (A) results in the entry of an order for relief or (B) remains un-dismissed, un-discharged or un-bonded for a period of sixty (60) days; or (iv) Tenant shall take any action consenting to or approving of any of the acts set forth in clause (i) or (ii) above; or (v) Tenant shall generally not, or shall be unable to, pay Tenant’s debts as they become due or shall admit in writing Tenant’s inability to pay Tenant’s debts. Section 12.2. If an Event of Default shall occur and be continuing, Landlord may elect to declare all Rent for the remainder of the Term (as same may be extended as provided herein) due and payable and, if Landlord shall make such an election, the present value of the Rent shall be due and payable five (5) days after written notice by Landlord to Tenant of such election. The aforesaid present value shall be determined by discounting each monthly installment of Rent for the remainder of the Term from the date such installment would have been due and payable to the date of Landlord’s election to accelerate, by a rate of one (1%) percent per annum less than the interest rate paid under a United States Treasury Bxxx of comparable duration. Landlord also may elect to proceed by appropriate judicial proceedings, either at law or in equity, to enforce performance or observance by Tenant of the applicable provisions of this Lease and/or to recover damages for breach thereof. (a) If an Event of Default (i) described in Sections 12.1(c) or (d) hereof shall occur and Landlord, at any time thereafter, at its option, gives written notice to Tenant stating that this Lease shall terminate on the date specified in such written notice, which date shall be not less than ten (10) days after the giving of such written notice, and if, on the date specified in such written notice, Tenant shall have failed to cure the default which was the basis for the Event of Default, or (ii) described in Sections 12.1 (a), (b), or (e) hereof shall occur, then all rights of Tenant under this Lease shall terminate and Tenant immediately shall quit and surrender the Property, which termination shall not relieve Tenant from any liability then or thereafter accruing hereunder. (b) If an Event of Default described in Sections 12.1(a) or (b) hereof shall occur, or this Lease shall be terminated as provided in Section 12.2 hereof, Landlord, without written notice, (i) may re-enter and repossess the Property, or (ii) may dispossess Tenant by summary proceedings or otherwise, which re-entry and repossession by Landlord shall not relieve Tenant from any liability then or thereafter accruing hereunder. Section 12.4. If this Lease shall be terminated as provided in Section 12.2 hereof and/or Tenant shall be dispossessed by summary proceedings or otherwise as provided in Section 12.3 (b) hereof: (a) Tenant shall pay to Landlord all Rent payable under this Lease by Tenant to Landlord to the date upon which this Lease shall have been terminated or to the date of re-entry upon the Property by Landlord, as the case may be; (b) Landlord may repair and alter the Property in such manner as Landlord may deem necessary or advisable without relieving Tenant of any liability under this Lease or otherwise affecting any such liability, and/or shall attempt to let or relet the Property or any parts thereof for the whole or any part of the remainder of the Term or for a longer period, in Landlord’s name or as agent of Tenant, and out of any rent and other sums collected or received as a result of such reletting Landlord shall: (i) first, pay to itself the actual cost and expense of terminating this Lease, re-entering, retaking, repossessing, repairing and/or altering the Property, or any part thereof, and the cost and expense of removing all persons and property therefrom, including in such costs, reasonable brokerage commissions, advertising costs, legal expenses and attorneys’ fees and disbursements, (ii) second, pay to itself the actual cost and expense sustained in securing any new tenants and other occupants, including in such costs, reasonable brokerage commissions, advertising costs, legal expenses and attorneys’ fees and disbursements and other expenses of, preparing the Property for reletting, and, if Landlord shall maintain and operate the Property, the cost and expense of operating and maintaining the Property, and (iii) third, pay to itself any balance remaining on account of the liability of Tenant to Landlord. Landlord in no way shall be responsible or liable for any failure to relet the Property or any part thereof, or for any failure to collect any rent due on any such reletting, and no such failure to relet or to collect rent shall operate to relieve Tenant of any liability under this Lease or to otherwise affect any such liability; (c) Tenant shall be liable for and shall pay to Landlord, as damages, any deficiency (“Deficiency”), between the Rent reserved in this Lease for the period which otherwise would have constituted the unexpired portion of the Term and the net amount, if any, of rents collected under any reletting effected pursuant to Article 10 or estoppel certificate required the provisions of Section 12.4(b) hereof for any part of such period, first deducting from the rents collected under any such reletting all of the payments to Landlord described in Section 12.4(b) hereof; any such Deficiency shall be paid in installments by Tenant on the days specified in this Lease for payment of installments of Rent and Landlord shall be entitled to recover from Tenant each Deficiency installment as the same shall arise, and no suit to collect the amount of the Deficiency for any installment period shall prejudice Landlord’s right to collect the Deficiency for any subsequent installment period by a similar proceeding. Section 12.5. No termination of this Lease pursuant to Section 12.2 hereof, and no taking possession of and/or reletting the Property, or any part thereof, pursuant to Sections 12.3(b) and 12.4(b) hereof, shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such expiration, termination, repossession or reletting. Section 12.6. To the extent not prohibited by law, Tenant hereby knowingly and voluntarily waives and releases all rights (legal and equitable) now or hereafter conferred by statute or otherwise which would have the effect of limiting or modifying any of the provisions of this Article 14 12. Tenant shall execute, acknowledge and deliver any instruments which Landlord may request, whether before or after the occurrence of an Event of Default, evidencing such waiver or release. Section 12.7. The Rent payable by Tenant hereunder and each and every installment thereof, and all costs, actual and customary and reasonable attorneys’ fees and disbursements and other expenses which may be incurred by Landlord in enforcing the provisions of this Lease on account of any delinquency of Tenant in carrying out the provisions of this Lease shall be and they hereby are declared to constitute a valid lien upon the interest of Tenant in this Lease and in the Property. Section 12.8. Suit or suits for the recovery of damages, or for a sum equal to any installment or installments of Rent payable hereunder or any Deficiencies or other sums payable by Tenant to Landlord pursuant to this Article 12, may be brought by Landlord from time to time at Landlord’s election, and nothing herein contained shall be deemed to require Landlord to await the date whereon this Lease or the Term would have expired by limitation had there been no Event of Default by Tenant and termination. Section 12.9. Nothing contained in this Article 12 shall limit or prejudice the right of Landlord to prove and obtain as liquidated damages in any bankruptcy, insolvency, receivership, reorganization or dissolution proceeding an amount equal to the maximum allowed by a statute or rule of law governing such proceeding and in effect at the time when such damages are to be proved, whether or not such amount shall be greater than, equal to or less than the amount of the damages referred to in any of the preceding Sections of this Article 12. Section 12.10. No receipt of moneys by Landlord from Tenant after termination of this Lease, or after the giving of any written notice of the termination of this Lease shall reinstate, continue or extend the Term or affect any of the right of Landlord to enforce the payment of Rent payable by Tenant hereunder or thereafter falling due, or operate as a waiver of the right of Landlord to recover possession of the Property by proper remedy, except as herein otherwise expressly provided, it being agreed that after the service of written notice to terminate this Lease or the commencement of any suit or summary proceedings, or after a final order or judgment for the possession of the Property, Landlord may demand, receive and collect any monies due or thereafter falling due without in any manner affecting such written notice, proceedings, order, suit or judgment, all such monies collected being deemed payments on account of Tenant’s liability hereunder. Section 12.11. Except as otherwise expressly provided herein or as prohibited by applicable law, Tenant hereby expressly knowingly and voluntarily waives the service of any written notice of intention to re-enter provided for in any statute, or of the institution of legal proceedings to that end, and Tenant, for and on behalf of itself and all persons claiming through or under Tenant, also knowingly and voluntarily waives any and all right of redemption provided by any law or statute now in force or hereafter enacted or otherwise, or re-entry or repossession or to restore the operation of this Lease in case Tenant shall be dispossessed by a judgment or by warrant of any court or judge or in case of re-entry or repossession by Landlord or in case of any expiration or termination of this Lease, and Landlord and Tenant waive and shall waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matter whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenant’s use or occupancy of the Property, or any claim of injury or damage. Section 12.12. No failure by Landlord to insist upon the strict performance of any covenant, agreement, term or condition of this Lease or to exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial Rent during the continuance of any such breach, shall constitute waiver of any such breach or of such covenant, agreement, term or condition. No covenant, agreement, term or condition of this Lease to be performed or complied with by Tenant, and no breach thereof, shall be waived, altered or modified except by a written instrument executed by Landlord. No waiver of any breach shall affect or alter this Lease, but each and every covenant, agreement, term and condition of this Lease shall continue in full force and effect with respect to any other then existing or subsequent breach hereof. Section 12.13. In the event of any breach or threatened breach by Tenant of any of the covenants, agreements, terms or conditions contained in this Lease, Landlord shall be entitled to a decree compelling performance of any of the provisions hereof, and shall have the right to invoke any rights and remedies allowed at law or in equity or by statute or otherwise as though re-entry, summary proceedings, and other remedies were not provided for in this Lease. Section 12.14. Tenant shall pay to Landlord all costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, incurred by Landlord in any action or proceeding to which Landlord may be made a party by reason of any act or omission of Tenant. Tenant also shall pay to Landlord all costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, incurred by Landlord in enforcing any of the covenants and provisions of this Lease and incurred in any action brought by Landlord against Tenant on account of the provisions hereof, and all such costs, expenses and reasonable attorneys’ fees and disbursements may be included in and form a part of any judgment entered in any proceeding brought by Landlord against Tenant on or under this Lease. All of the sums paid or obligations incurred by Landlord as aforesaid, with interest and costs, shall be paid by Tenant to Landlord on demand. Section 12.15. If an Event of Default shall occur under this Lease or Tenant shall fail to comply with its obligations under this Lease, Landlord may (a) perform the same for the account of Tenant and/or (b) make any expenditure or incur any obligation for the payment of money in connection with any obligation owed to Landlord, including, but not limited to, reasonable attorney’s fees and disbursements in instituting, prosecuting or defending any action or proceeding, with interest thereon at the Default Rate and such amounts shall be deemed to be Additional Rent hereunder and shall be paid by Tenant to Landlord immediately upon demand therefor. Default Rate shall have the meaning ascribed to it in Article B of this Lease; provided, however, that for purposes of this Article 12, such Default Rate shall never exceed the maximum non-usurious rate permitted by applicable law. Section 12.16. If Tenant shall fail to pay any installment of Fixed Rent when due or any Additional Rent within ten (10) business days after Tenant's receipt thereof. (g) the date when such payment is due, Tenant shall fail pay to maintain any insurance that this Lease requires Tenant Landlord, in addition to maintainsuch installment of Fixed Rent or such Additional Rent, as the case may be, interest on the amount unpaid at the Default Rate, computed from the date such payment was due to and including the date of payment. (h) Tenant shall do or permit to be done any act which results in a lien being filed against the Premises or any improvements of part thereof if such lien is not released, bonded or otherwise provided for by indemnification satisfactory to Landlord within thirty (30) days after Tenant first obtains actual knowledge of such lien.