Common use of Default by the Lessee Clause in Contracts

Default by the Lessee. 15.1 Each of the following constitutes a default by the Lessee under this lease: (a) if the rent hereby reserved or any part thereof or any contribution to the Lessor’s Outgoings shall be unpaid and in arrears for 7 days after the same shall have become due whether any formal or other demand shall have been made for such moneys; or (b) if any other moneys payable by the Lessee to the Lessor shall not have been paid within 14 days of the due date for such monies; or (c) if the Lessee shall not commence effecting the repairs required by any notice given by the Lessor to the Lessee within a reasonable time after the giving of such notice; or (d) if the Lessee shall fail to observe perform or fulfil any of the other terms covenants conditions and restrictions contained on the part of the Lessee whether positive or negative after having been given 30 days written notice by the Lessor specifying the failure; or (e) if the Lessee or any Guarantor (being a company) enters into liquidation (otherwise than for the purpose of reconstruction or amalgamation reasonably (f) approved by the Lessor in writing) or if a receiver or official manager or provisional liquidator or administrator is appointed or enters into a scheme of arrangement or composition with or assignment for the benefit of all or any clause of its creditors; or (g) if the interest of the Lessee under this Lease is attached or taken in execution under any legal process; or (h) if the Lessee or any Guarantor (being an individual) shall be declared bankrupt or insolvent according to law, then the Lessee shall be deemed to have made default. 15.2 If the Lessee shall have made such default, the Lessor may (after first giving prior notice where required by law) at its option: (a) re-enter into and take possession of the Premises or any part in the name of the whole (by force if necessary) and eject the Lessee and all other persons therefrom and repossess and enjoy the same as of its first and former estate upon which event this Lease shall be absolutely terminated; or (b) by notice in writing to the Lessee terminate this Lease (and from the date of giving such notice this Lease shall be absolutely terminated); or (c) by notice in writing to the Lessee elect to convert the said term into a tenancy from week to week in which event this Lease shall be determined as from the giving of such notice and thereafter the Lessee shall hold the Premises from the Lessor as Lessee from week to week at a weekly rental equal to one (1) week’s proportion of the rent payable at such time commencing from the date of service of such notice (such rental being payable weekly in advance) but otherwise on the terms and conditions of this Lease so far as they can be applied to a weekly tenancy. 15.3 The Lessee agrees that the following are essential terms of this Lease: (a) the covenant to pay rent throughout the term of the Lease on the due date for payment of each monthly instalment of rent; and (b) the covenant to pay the Lessee’s proportion of the Lessor’s Outgoings; and (c) the covenant dealing with assignment, transfer and subletting; and (d) the covenant relating to repair and maintenance. 15.4 If the Lessee makes or is deemed to have made a default in the circumstances contained in this clause and if, as a consequence of such a default, the Lessor: (a) determines the Lease by re-entry; or (b) determines the Lease by notice; or (c) converts the term into a tenancy from week to week and if that tenancy is subsequently determined either by the Lessor or the Lessee before the expiration of the whole of the term; or (d) accepts the surrender of this Lease; THEN the Lessor in addition to the remedies referred to in paragraphs (a), (b), (c) and(d) of this subclause and in addition to any other rights and remedies the Lessor may have or may have exercised, will be entitled to recover from the Lessee damages for all loss suffered because this Lease will not have run the whole of its term, such damages to include, but not to be limited to, the costs of recovery of possession, the costs of reinstating the Premises, the costs of re-letting and any loss occasioned arising out of any lapse of time before re-letting or any re-letting at a rent and upon terms not as advantageous to the Lessor as the terms of this Lease. 15.5 In the event that the Lessee’s conduct (whether acts or omissions) constitutes a repudiation of this Lease, the Lessee covenants to compensate the Lessor for loss or damage suffered by reason of the repudiation or breach during the entire term of this Lease. The Lessor’s entitlement to recover damages shall not be affected or limited if the Lessee shall abandon or vacate the Premises or if the Lessor shall elect to re-enter or terminate the Lease or accept the Lessee’s repudiation. 15.6 If the Lessee shall fail to pay any moneys payable by it to any person other than the Lessor or if the Lessee shall fail to perform any affirmative covenant on the part of the Lessee, the Lessor may at its option as the agent of the Lessee make any such payment or do all such acts and things and incur such expenses as may be necessary to perform such covenants and the full amount of any payments made or expenses incurred shall constitute a liquidated debt due and owing by the Lessee to the Lessor. 15.7 No consent or waiver (express or implied) by the Lessor to or of any breach of any covenant condition or duty of the Lessee shall be construed as a consent or waiver to or of any other breach of the same or any other covenant condition or duty, 15.8 Acceptance by the Lessor of arrears of rent or other money or of any breach of this Lease does not constitute a waiver of the Lessor’s rights. 15.9 In the event of the Lessee vacating the Premises with or without the Lessor’s consent, the Lessor shall be obliged to take reasonable steps to mitigate its damages and to endeavour to re-lease the Premises at a reasonable rent and on reasonable terms. 15.10 The expiry or termination of this lease does not affect the rights of either party for a breach of this lease by the other party before the expiry or termination.

Default by the Lessee. 15.1 Each The occurrence of any of the following constitutes a shall constitute an event of default by with respect to the Lessee under this leaseLessee: (a) if the rent hereby reserved or any part thereof or any contribution Lessee shall fail to keep the Lessor’s Outgoings shall be unpaid Public Facility Components in good repair and in arrears for 7 days after the same shall have become due whether any formal or other demand shall have been made for such moneysgood operating condition as required by Section 3.1; or (b) if any other moneys payable by the Lessee shall fail to maintain the Lessor shall not have been paid within 14 days of the due date for such moniesinsurance required by Section 3.1; or (c) if the Lessee shall not commence effecting the repairs required by otherwise fail to comply with any notice given by the Lessor to the Lessee within a reasonable time after the giving material provision of such noticethis Use Agreement; or (d) if the Lessee Company shall fail to observe perform make the payment required to remedy any action or fulfil any inaction by the Company under Section 17(4)(b)(iii) of the other terms covenants conditions Inducement Agreement in the manner and restrictions contained on within the part of the Lessee whether positive or negative after having been given 30 days written notice by the Lessor specifying the failurecure period set forth therein; or (e) if the Company shall fail to make any payment when due under that certain Agreement, dated as of the date hereof, between the Company and Panola Partnership, Inc.; provided, in each case, the Authority or the Public Owner shall first give the Lessee or any Guarantor (being a company) enters into liquidation (otherwise than for written notice specifying the purpose nature of reconstruction or amalgamation reasonably (f) approved the Lessee's failure to be in compliance with its obligations under this Use Agreement and following receipt by the Lessor Lessee of such written notice from the Authority, the Lessee shall have (other than with respect to the default described in writingclause (d)) a period of one hundred eighty (180) days (or if fifteen (15) days in the case of a receiver or official manager or provisional liquidator or administrator is appointed or enters into a scheme of arrangement or composition with or assignment for the benefit of all or any clause of its creditors; or (g) if the interest failure of the Lessee under this Lease is attached to make a payment required to be made by it hereunder) after receipt of such written notice within which to cure any such default or taken in execution under failure; provided, however, that, if any legal process; or such default or failure cannot be cured within one hundred eighty (h180) days with the exercise of due diligence by the Lessee, and if the Lessee Lessee, within such period submits to the Authority and the County a plan reasonably designed to correct the default within a reasonable additional period of time necessary to cure such failure or any Guarantor default (being an individualnot to exceed six (6) shall be declared bankrupt or insolvent according to law, months) then the Lessee shall not be deemed in default hereunder unless Lessee fails to have made default. 15.2 If diligently pursue such cure or fails to cure such default or failure within the Lessee shall have made such default, the Lessor may (after first giving prior notice where required by law) at its option: (a) re-enter into and take possession additional period of the Premises or any part in the name of the whole (by force if necessary) and eject the Lessee and all other persons therefrom and repossess and enjoy the same as of its first and former estate upon which event this Lease shall be absolutely terminated; or (b) by notice in writing to the Lessee terminate this Lease (and from the date of giving such notice this Lease shall be absolutely terminated); or (c) by notice in writing to the Lessee elect to convert the said term into a tenancy from week to week in which event this Lease shall be determined as from the giving of such notice and thereafter the Lessee shall hold the Premises from the Lessor as Lessee from week to week at a weekly rental equal to one (1) week’s proportion of the rent payable at such time commencing from the date of service of such notice (such rental being payable weekly in advance) but otherwise on the terms and conditions of this Lease so far as they can be applied to a weekly tenancy. 15.3 The Lessee agrees that the following are essential terms of this Lease: (a) the covenant to pay rent throughout the term of the Lease on the due date for payment of each monthly instalment of rent; and (b) the covenant to pay the Lessee’s proportion of the Lessor’s Outgoings; and (c) the covenant dealing with assignment, transfer and subletting; and (d) the covenant relating to repair and maintenance. 15.4 If the Lessee makes or is deemed to have made a default in the circumstances contained in this clause and if, as a consequence of such a default, the Lessor: (a) determines the Lease by re-entry; or (b) determines the Lease by notice; or (c) converts the term into a tenancy from week to week and if that tenancy is subsequently determined either specified by the Lessor or the Lessee before the expiration of the whole of the term; or (d) accepts the surrender of this Lease; THEN the Lessor in addition to the remedies referred to in paragraphs (a), (b), (c) and(d) of this subclause and in addition to any other rights and remedies the Lessor may have or may have exercised, will be entitled to recover from the Lessee damages for all loss suffered because this Lease will not have run the whole of its term, such damages to include, but not to be limited to, the costs of recovery of possession, the costs of reinstating the Premises, the costs of re-letting and any loss occasioned arising out of any lapse of time before re-letting or any re-letting at a rent and upon terms not as advantageous to the Lessor as the terms of this Leaseplan. 15.5 In the event that the Lessee’s conduct (whether acts or omissions) constitutes a repudiation of this Lease, the Lessee covenants to compensate the Lessor for loss or damage suffered by reason of the repudiation or breach during the entire term of this Lease. The Lessor’s entitlement to recover damages shall not be affected or limited if the Lessee shall abandon or vacate the Premises or if the Lessor shall elect to re-enter or terminate the Lease or accept the Lessee’s repudiation. 15.6 If the Lessee shall fail to pay any moneys payable by it to any person other than the Lessor or if the Lessee shall fail to perform any affirmative covenant on the part of the Lessee, the Lessor may at its option as the agent of the Lessee make any such payment or do all such acts and things and incur such expenses as may be necessary to perform such covenants and the full amount of any payments made or expenses incurred shall constitute a liquidated debt due and owing by the Lessee to the Lessor. 15.7 No consent or waiver (express or implied) by the Lessor to or of any breach of any covenant condition or duty of the Lessee shall be construed as a consent or waiver to or of any other breach of the same or any other covenant condition or duty, 15.8 Acceptance by the Lessor of arrears of rent or other money or of any breach of this Lease does not constitute a waiver of the Lessor’s rights. 15.9 In the event of the Lessee vacating the Premises with or without the Lessor’s consent, the Lessor shall be obliged to take reasonable steps to mitigate its damages and to endeavour to re-lease the Premises at a reasonable rent and on reasonable terms. 15.10 The expiry or termination of this lease does not affect the rights of either party for a breach of this lease by the other party before the expiry or termination.

Default by the Lessee. 15.1 Each (A) If the Lessee shall fail (1) to pay any rental payable hereunder when the same becomes due and payable, time being expressly declared to be of the following constitutes a default essence in this Lease Agreement; or (2) to keep, observe or perform any other term, covenant or condition contained herein to be kept or performed by the Lessee under this lease: Lessee; or (aB) if upon the rent hereby reserved or happening of any part thereof or any contribution to of the Lessor’s Outgoings shall be unpaid and events specified in arrears for 7 days after the same shall have become due whether any formal or other demand shall have been made for such moneys; or subsection (b) if any other moneys payable by the Lessee to the Lessor shall not have been paid within 14 days of the due date for such monies; or (c) if this Section, the Lessee shall not commence effecting be deemed to be in default hereunder and, it shall be lawful for the repairs required by Lessor to exercise any and all remedies available pursuant to law or granted pursuant to this Lease Agreement. The Lessee shall in no event be in default in the observance or performance of any covenant, condition or agreement in this Lease Agreement on its part to be observed or performed, other than as referred to in clause (A)(1) or (B) of the preceding sentence, unless the Lessee shall have failed, for a period of thirty (30) days or such additional time as is reasonably required, to correct any such default after notice given by the Lessor to the Lessee within a reasonable time after properly specifying wherein the giving Lessee has failed to perform any such covenant, condition or agreement. The Lessee shall in no event be in default in the observance or performance of such notice; or any covenant, condition or agreement in this Lease Agreement on its part to be observed or performed under (dA)(1) if above, unless the Lessee shall fail have received written notice from the Lessor of its failure to observe perform or fulfil pay any such rental payment and failed, for a period of ten (10) days thereafter, to pay such rental payment. Upon any such default, the Lessor, in addition to all other rights and remedies it may have at law, shall have the option to do any of the following: (i) To terminate this Lease Agreement in the manner hereinafter provided on account of default by the Lessee, notwithstanding any re-entry or re- letting of the Premises as hereinafter provided for in subparagraph (2) hereof, and to re-enter the Premises and remove all persons in possession thereof and all personal property whatsoever situated upon the Premises and place such personal property in storage in any warehouse or other terms covenants conditions suitable place located within the geographical boundaries of the Lessee, for the account of and restrictions contained at the expense of the Lessee. In the event of such termination, the Lessee agrees to surrender immediately possession of the Premises, without let or hindrance, and to pay the Lessor all damages recoverable at law that the Lessor may incur by reason of default by the Lessee, including, without limitation, any costs, loss or damage whatsoever arising out of, in connection with, or incident to any such re-entry upon the Premises and removal and storage of such property by the Lessor or its duly authorized agents in accordance with the provisions herein contained. Neither notice to pay rent or to deliver up possession of the Premises given pursuant to law nor any entry or re-entry by the Lessor nor any proceeding in unlawful detainer, or otherwise, brought by the Lessor for the purpose of affecting such re-entry or obtaining possession of the Premises nor the appointment of a receiver upon initiative of the Lessor to protect the Lessor’s interest under this Lease Agreement shall of itself operate to terminate this Lease Agreement, and no termination of this Lease Agreement on account of default by the Lessee shall be or become effective by operation of law or acts of the parties hereto, or otherwise, unless and until the Lessor shall have given written notice to the Lessee of the election on the part of the Lessor to terminate this Lease Agreement. The Lessee whether positive covenants and agrees that no surrender of the Premises or negative after having been given 30 days written notice of the remainder of the term hereof or any termination of this Lease Agreement shall be valid in any manner or for any purpose whatsoever unless stated or accepted by the Lessor specifying the failure; orby such written notice. (eii) Without terminating this Lease Agreement, (A) to collect each installment of rent as it becomes due and enforce any other terms or provisions hereof to be kept or performed by the Lessee, regardless of whether or not the Lessee has abandoned the Premises or (B) to exercise any and all rights of entry and re-entry upon the Premises. In the event the Lessor does not elect to terminate this Lease Agreement in the manner provided for in subparagraph (i) hereof, the Lessee shall remain liable and agrees to keep or perform all covenants and conditions herein contained to be kept or performed by the Lessee and, if the Lessee property is not re- let, to pay the full amount of the rent to the end of the term of this Lease Agreement or, in the event that the Premises is re- let, to pay any deficiency in rent that results therefrom; and further agrees to pay said rent and/or rent deficiency punctually at the same time and in the same manner as hereinabove provided for the payment of rent hereunder, notwithstanding the fact that the Lessor may have received in previous years or may receive thereafter in subsequent years rental in excess of the rental herein specified, and notwithstanding any Guarantor (being a company) enters into liquidation (otherwise than entry or re-entry by the Lessor or suit in unlawful detainer, or otherwise, brought by the Lessor for the purpose of reconstruction effecting such re-entry or amalgamation reasonably (f) approved obtaining possession of the Premises. Should the Lessor elect to re-enter as herein provided, the Lessee hereby irrevocably appoints the Lessor as the agent and attorney- in- fact of the Lessee to re-let the Premises, or any part thereof, from time to time, either in the Lessor’s name or otherwise, upon such terms and conditions and for such use and period as the Lessor may deem advisable and to remove all persons in possession thereof and all personal property whatsoever situated upon the Premises and to place such personal property in storage in any warehouse or other suitable place located within the geographical boundaries of the Lessee, for the account of and at the expense of the Lessee, and the Lessee hereby indemnifies and agrees to save harmless the Lessor from any costs, loss or damage whatsoever arising out of, in connection with, or incident to any such re- entry upon and re- letting of the Premises and removal and storage of such property by the Lessor or its duly authorized agents in writing) or if a receiver or official manager or provisional liquidator or administrator is appointed or enters into a scheme accordance with the provisions herein contained. The Lessee agrees that the terms of arrangement or composition with or assignment for the benefit of all or any clause of its creditors; or (g) if the interest this Lease Agreement constitute full and sufficient notice of the Lessee under right of the Lessor to re- let the Premises in the event of such re-entry without effecting a surrender of this Lease is attached or taken in execution under any legal process; or (h) if the Lessee or any Guarantor (being an individual) shall be declared bankrupt or insolvent according to lawAgreement, then the Lessee shall be deemed to have made default. 15.2 If the Lessee shall have made such default, and further agrees that no acts of the Lessor may (after first giving prior notice where required by law) at its option: (a) in effecting such re-enter into and take possession letting shall constitute a surrender or termination of this Lease Agreement irrespective of the Premises use or any part in the name of the whole term (by force if necessary) and eject the Lessee and all other persons therefrom and repossess and enjoy the same as of its first and former estate upon which event this Lease shall be absolutely terminated; or (b) by notice in writing subject to the Lessee terminate this Lease (and from the date of giving preceding sentence) for which such notice this Lease shall be absolutely terminated); or (c) by notice in writing to the Lessee elect to convert the said term into a tenancy from week to week in which event this Lease shall be determined as from the giving of such notice and thereafter the Lessee shall hold the Premises from the Lessor as Lessee from week to week at a weekly rental equal to one (1) week’s proportion of the rent payable at such time commencing from the date of service of such notice (such rental being payable weekly in advance) but otherwise on re-letting is made or the terms and conditions of such re- letting, or otherwise, but that, on the contrary, in the event of such default by the Lessee the right to terminate this Lease so far as they can Agreement shall vest in the Lessor to be applied to a weekly tenancy. 15.3 effected in the sole and exclusive manner provided for in subparagraph (i) hereof. The Lessee agrees that further waives the following are essential terms of this Lease: (a) the covenant right to pay rent throughout the term of the Lease on the due date for payment of each monthly instalment of rent; and (b) the covenant to pay the Lessee’s proportion of the Lessor’s Outgoings; and (c) the covenant dealing with assignment, transfer and subletting; and (d) the covenant relating to repair and maintenance. 15.4 If the Lessee makes or is deemed to have made a default in the circumstances contained in this clause and if, as a consequence of such a default, the Lessor: (a) determines the Lease by re-entry; or (b) determines the Lease by notice; or (c) converts the term into a tenancy from week to week and if that tenancy is subsequently determined either any rental obtained by the Lessor or the Lessee before the expiration in excess of the whole of the term; or (d) accepts the surrender of this Lease; THEN the Lessor in addition to the remedies referred to in paragraphs (a), (b), (c) and(d) of this subclause rental herein specified and in addition to any other rights hereby conveys and remedies the Lessor may have or may have exercised, will be entitled to recover from the Lessee damages for all loss suffered because this Lease will not have run the whole of its term, releases such damages to include, but not to be limited to, the costs of recovery of possession, the costs of reinstating the Premises, the costs of re-letting and any loss occasioned arising out of any lapse of time before re-letting or any re-letting at a rent and upon terms not as advantageous excess to the Lessor as the terms of this Lease. 15.5 In the event that the Lessee’s conduct (whether acts or omissions) constitutes a repudiation of this Lease, the Lessee covenants compensation to compensate the Lessor for loss or damage suffered by reason of its services in re- letting the repudiation or breach during the entire term of this LeasePremises. The Lessor’s entitlement Lessee agrees to recover damages return the Premises to the Lessor in as good condition as when delivered, ordinary wear and tear, damage by earthquake, fire or the elements and other disaster excepted; provided, however, this shall not be affected or limited if relieve the Lessee shall abandon or vacate the Premises or if the Lessor shall elect to re-enter or terminate the Lease or accept the Lessee’s repudiation. 15.6 If the Lessee shall fail to pay any moneys payable by it to any person other than the Lessor or if the Lessee shall fail to perform any affirmative covenant on the part of the Lessee, the Lessor may at its option as the agent of the Lessee make any such payment or do all such acts and things and incur such expenses as may be necessary to perform such covenants and the full amount of any payments made or expenses damages and costs incurred shall constitute a liquidated debt due and owing by the Lessee to the Lessor. 15.7 No consent or waiver (express or implied) by the Lessor to mitigate damages in the event of a default by the Lessee hereunder. The Lessee hereby waives any and all claims for damages caused or which may be caused by the Lessor in re-entering and taking possession of the Premises as herein provided and all claims for damages that may result from the destruction of or injury to the Premises and all claims for damages to or loss of any breach of any covenant condition or duty of property belonging to the Lessee shall be construed as a consent or waiver to or of any other breach of the same Lessee, or any other covenant condition person, tha t may be in or duty, 15.8 Acceptance upon the Premises. Notwithstanding anything herein to the contrary, future Base Rent payments due hereunder shall not be accelerated and become immediately due and payable upon a default by the Lessor of arrears of rent or other money or of any breach of this Lease does not constitute a waiver of the Lessor’s rights. 15.9 In the event of the Lessee vacating the Premises with or without the Lessor’s consent, the hereunder. The Lessor shall be obliged required to take reasonable steps to mitigate its damages and to endeavour to re-lease the Premises at a reasonable rent and on reasonable termssue for each Base Rent payment as each such payment becomes due under this Lease Agreement. 15.10 The expiry or termination of this lease does not affect the rights of either party for a breach of this lease by the other party before the expiry or termination.

Default by the Lessee. 15.1 Each The occurrence of any one or more of the following events constitutes a default by the Lessee under this lease:Agreement ("Lessee Default"): (a) if Failure by the rent hereby reserved or Lessee at any part thereof or time to pay, when due, any contribution to the Lessor’s Outgoings shall be unpaid and in arrears for 7 days after the same shall have become due whether any formal or other demand shall have been made for such moneys; or (b) if any other moneys sums payable by the Lessee to Gateway hereunder within five (5) Business Days after notice of such failure is given to the Lessor Lessee by Gateway; (b) Failure by the Lessee to observe or perform any other covenant, agreement, condition or provision of this Agreement, if such failure shall continue for more than thirty (30) days; PROVIDED, HOWEVER, that the Lessee shall not have been paid be in default with respect to matters that cannot be reasonably cured within 14 days of thirty (30) days, so long as the due date for Lessee has promptly commenced such monies; orcure and diligently proceeds in a reasonable manner to complete the same thereafter; (c) if The Lessee admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors, or applies for or consents to the appointment of a trustee or receiver for the Lessee shall not commence effecting the repairs required by any notice given by the Lessor to the Lessee within or for a reasonable time after the giving major part of such notice; orits property; (d) if A trustee or receiver is appointed for the Lessee shall fail to observe perform or fulfil any of the other terms covenants conditions and restrictions contained on the for a major part of the Lessee whether positive or negative its property and is not discharged within thirty (30) days after having been given 30 days written notice by the Lessor specifying the failuresuch appointment; or (e) if the Lessee Bankruptcy, reorganization, receivership, arrangement, insolvency or liquidation proceedings, or other proceedings for relief under any Guarantor (being a company) enters into liquidation (otherwise than federal or state bankruptcy law, or similar law for the purpose relief of reconstruction debtors, are instituted by or amalgamation reasonably (f) approved by the Lessor in writing) or if a receiver or official manager or provisional liquidator or administrator is appointed or enters into a scheme of arrangement or composition with or assignment for the benefit of all or any clause of its creditors; or (g) if the interest of the Lessee under this Lease is attached or taken in execution under any legal process; or (h) if the Lessee or any Guarantor (being an individual) shall be declared bankrupt or insolvent according to law, then the Lessee shall be deemed to have made default. 15.2 If the Lessee shall have made such default, the Lessor may (after first giving prior notice where required by law) at its option: (a) re-enter into and take possession of the Premises or any part in the name of the whole (by force if necessary) and eject the Lessee and all other persons therefrom and repossess and enjoy the same as of its first and former estate upon which event this Lease shall be absolutely terminated; or (b) by notice in writing to the Lessee terminate this Lease (and from the date of giving such notice this Lease shall be absolutely terminated); or (c) by notice in writing to the Lessee elect to convert the said term into a tenancy from week to week in which event this Lease shall be determined as from the giving of such notice and thereafter the Lessee shall hold the Premises from the Lessor as Lessee from week to week at a weekly rental equal to one (1) week’s proportion of the rent payable at such time commencing from the date of service of such notice (such rental being payable weekly in advance) but otherwise on the terms and conditions of this Lease so far as they can be applied to a weekly tenancy. 15.3 The Lessee agrees that the following are essential terms of this Lease: (a) the covenant to pay rent throughout the term of the Lease on the due date for payment of each monthly instalment of rent; and (b) the covenant to pay the Lessee’s proportion of the Lessor’s Outgoings; and (c) the covenant dealing with assignment, transfer and subletting; and (d) the covenant relating to repair and maintenance. 15.4 If the Lessee makes or is deemed to have made a default in the circumstances contained in this clause and if, as a consequence of such a default, the Lessor: (a) determines the Lease by re-entry; or (b) determines the Lease by notice; or (c) converts the term into a tenancy from week to week and if that tenancy is subsequently determined either by the Lessor or the Lessee before the expiration of the whole of the term; or (d) accepts the surrender of this Lease; THEN the Lessor in addition to the remedies referred to in paragraphs (a), (b), (c) and(d) of this subclause and in addition to any other rights and remedies the Lessor may have or may have exercised, will be entitled to recover from the Lessee damages for all loss suffered because this Lease will not have run the whole of its term, such damages to include, but not to be limited to, the costs of recovery of possession, the costs of reinstating the Premises, the costs of re-letting and any loss occasioned arising out of any lapse of time before re-letting or any re-letting at a rent and upon terms not as advantageous to the Lessor as the terms of this Lease. 15.5 In the event that the Lessee’s conduct (whether acts or omissions) constitutes a repudiation of this Lease, the Lessee covenants to compensate the Lessor for loss or damage suffered by reason of the repudiation or breach during the entire term of this Lease. The Lessor’s entitlement to recover damages shall not be affected or limited if the Lessee shall abandon or vacate the Premises or if the Lessor shall elect to re-enter or terminate the Lease or accept the Lessee’s repudiation. 15.6 If the Lessee shall fail to pay any moneys payable by it to any person other than the Lessor or if the Lessee shall fail to perform any affirmative covenant on the part of against the Lessee, and, if instituted against the Lessor may at its option as the agent of the Lessee make any Lessee, are allowed against it or are consented to by it or are not dismissed within ninety (90) days after such payment or do all such acts and things and incur such expenses as may be necessary to perform such covenants and the full amount of any payments made or expenses incurred shall constitute a liquidated debt due and owing by the Lessee to the Lessorinstitution. 15.7 No consent or waiver (express or implied) by the Lessor to or of any breach of any covenant condition or duty of the Lessee shall be construed as a consent or waiver to or of any other breach of the same or any other covenant condition or duty, 15.8 Acceptance by the Lessor of arrears of rent or other money or of any breach of this Lease does not constitute a waiver of the Lessor’s rights. 15.9 In the event of the Lessee vacating the Premises with or without the Lessor’s consent, the Lessor shall be obliged to take reasonable steps to mitigate its damages and to endeavour to re-lease the Premises at a reasonable rent and on reasonable terms. 15.10 The expiry or termination of this lease does not affect the rights of either party for a breach of this lease by the other party before the expiry or termination.

Default by the Lessee. 15.1 Each The occurrence of any of the following constitutes a shall constitute an event of default by with respect to the Lessee under this leaseLessee: (a) if the rent hereby reserved or any part thereof or any contribution Lessee shall fail to keep the Lessor’s Outgoings shall be unpaid Public Lateral Pipeline in good repair and in arrears for 7 days after the same shall have become due whether any formal or other demand shall have been made for such moneysgood operating condition as required by Section 3.1; or (b) if any other moneys payable by the Lessee shall fail to maintain the Lessor shall not have been paid within 14 days of the due date for such moniesinsurance required by Section 3.1; or (c) if the Lessee shall not commence effecting the repairs required by otherwise fail to comply with any notice given by the Lessor to the Lessee within a reasonable time after the giving material provision of such notice; orthis Use Agreement; (d) if the Lessee Company shall fail to observe perform make the payment required to remedy any action or fulfil any inaction by the Company under Section 17(4)(b)(iii) of the other terms covenants conditions Inducement Agreement in the manner and restrictions contained on within the part of the Lessee whether positive or negative after having been given 30 days written notice by the Lessor specifying the failurecure period set forth therein; or (e) if the Company shall fail to make any payment when due under that certain Agreement, dated as of the date hereof, between the Company and Panola Partnership, Inc.; provided, in each case, the Authority or the Public Owner shall first give the Lessee or any Guarantor (being a company) enters into liquidation (otherwise than for written notice specifying the purpose nature of reconstruction or amalgamation reasonably (f) approved the Lessee's failure to be in compliance with its obligations under this Use Agreement and following receipt by the Lessor Lessee of such written notice from the Authority, the Lessee shall have (other than with respect to the default described in writingclause (d)) a period of one hundred eighty (180) days (or if fifteen (15) days in the case of a receiver or official manager or provisional liquidator or administrator is appointed or enters into a scheme of arrangement or composition with or assignment for the benefit of all or any clause of its creditors; or (g) if the interest failure of the Lessee under this Lease is attached to make a payment required to be made by it hereunder) after receipt of such written notice within which to cure any such default or taken in execution under failure; provided, however, that, if any legal process; or such default or failure cannot be cured within one hundred eighty (h180) days with the exercise of due diligence by the Lessee, and if the Lessee Lessee, within such period submits to the Authority and the County a plan reasonably designed to correct the default within a reasonable additional period of time necessary to cure such failure or any Guarantor default (being an individualnot to exceed six (6) shall be declared bankrupt or insolvent according to law, months) then the Lessee shall not be deemed in default hereunder unless Lessee fails to have made default. 15.2 If diligently pursue such cure or fails to cure such default or failure within the Lessee shall have made such default, the Lessor may (after first giving prior notice where required by law) at its option: (a) re-enter into and take possession additional period of the Premises or any part in the name of the whole (by force if necessary) and eject the Lessee and all other persons therefrom and repossess and enjoy the same as of its first and former estate upon which event this Lease shall be absolutely terminated; or (b) by notice in writing to the Lessee terminate this Lease (and from the date of giving such notice this Lease shall be absolutely terminated); or (c) by notice in writing to the Lessee elect to convert the said term into a tenancy from week to week in which event this Lease shall be determined as from the giving of such notice and thereafter the Lessee shall hold the Premises from the Lessor as Lessee from week to week at a weekly rental equal to one (1) week’s proportion of the rent payable at such time commencing from the date of service of such notice (such rental being payable weekly in advance) but otherwise on the terms and conditions of this Lease so far as they can be applied to a weekly tenancy. 15.3 The Lessee agrees that the following are essential terms of this Lease: (a) the covenant to pay rent throughout the term of the Lease on the due date for payment of each monthly instalment of rent; and (b) the covenant to pay the Lessee’s proportion of the Lessor’s Outgoings; and (c) the covenant dealing with assignment, transfer and subletting; and (d) the covenant relating to repair and maintenance. 15.4 If the Lessee makes or is deemed to have made a default in the circumstances contained in this clause and if, as a consequence of such a default, the Lessor: (a) determines the Lease by re-entry; or (b) determines the Lease by notice; or (c) converts the term into a tenancy from week to week and if that tenancy is subsequently determined either specified by the Lessor or the Lessee before the expiration of the whole of the term; or (d) accepts the surrender of this Lease; THEN the Lessor in addition to the remedies referred to in paragraphs (a), (b), (c) and(d) of this subclause and in addition to any other rights and remedies the Lessor may have or may have exercised, will be entitled to recover from the Lessee damages for all loss suffered because this Lease will not have run the whole of its term, such damages to include, but not to be limited to, the costs of recovery of possession, the costs of reinstating the Premises, the costs of re-letting and any loss occasioned arising out of any lapse of time before re-letting or any re-letting at a rent and upon terms not as advantageous to the Lessor as the terms of this Leaseplan. 15.5 In the event that the Lessee’s conduct (whether acts or omissions) constitutes a repudiation of this Lease, the Lessee covenants to compensate the Lessor for loss or damage suffered by reason of the repudiation or breach during the entire term of this Lease. The Lessor’s entitlement to recover damages shall not be affected or limited if the Lessee shall abandon or vacate the Premises or if the Lessor shall elect to re-enter or terminate the Lease or accept the Lessee’s repudiation. 15.6 If the Lessee shall fail to pay any moneys payable by it to any person other than the Lessor or if the Lessee shall fail to perform any affirmative covenant on the part of the Lessee, the Lessor may at its option as the agent of the Lessee make any such payment or do all such acts and things and incur such expenses as may be necessary to perform such covenants and the full amount of any payments made or expenses incurred shall constitute a liquidated debt due and owing by the Lessee to the Lessor. 15.7 No consent or waiver (express or implied) by the Lessor to or of any breach of any covenant condition or duty of the Lessee shall be construed as a consent or waiver to or of any other breach of the same or any other covenant condition or duty, 15.8 Acceptance by the Lessor of arrears of rent or other money or of any breach of this Lease does not constitute a waiver of the Lessor’s rights. 15.9 In the event of the Lessee vacating the Premises with or without the Lessor’s consent, the Lessor shall be obliged to take reasonable steps to mitigate its damages and to endeavour to re-lease the Premises at a reasonable rent and on reasonable terms. 15.10 The expiry or termination of this lease does not affect the rights of either party for a breach of this lease by the other party before the expiry or termination.

Default by the Lessee. 15.1 Each The occurrence of any of the following constitutes shall, at the Lessor's option, constitute a material default and breach of this Lease Agreement by the Lessee under this leaseLessee: (a) if the rent hereby reserved or any part thereof or any contribution to the Lessor’s Outgoings shall be unpaid and in arrears for 7 days after the same shall have become due whether any formal or other demand shall have been made for such moneys; or (b) if any other moneys payable A. A failure by the Lessee to pay the rent payable hereunder, or to make any other payment required to be made by the Lessee hereunder, when due,where such failure continues for more than ten (10) days following written notice of such non-payment from the Lessor to the Lessee; B. A failure by the Lessee to observe and perform any other provisions or covenants of this Lease Agreement to be observed or performed by the Lessee, where such failure continues for thirty (30) days after written notice thereof from the Lessor to the Lessee, provided, however, that if the nature of the default is such that the same cannot reasonably be cured within such thirty (30) day period, the Lessee shall not have been paid within 14 days of the due date for such monies; or (c) be deemed to be in default if the Lessee shall not within such period commence effecting such cure and thereafter diligently prosecute the repairs required by any notice given same to completion; C. The making by the Lessor to the Lessee within a reasonable time after the giving of such notice; or (d) if the Lessee shall fail to observe perform or fulfil any of the other terms covenants conditions and restrictions contained on the part of the Lessee whether positive or negative after having been given 30 days written notice by the Lessor specifying the failure; or (e) if the Lessee or any Guarantor (being a company) enters into liquidation (otherwise than for the purpose of reconstruction or amalgamation reasonably (f) approved by the Lessor in writing) or if a receiver or official manager or provisional liquidator or administrator is appointed or enters into a scheme of arrangement or composition with or assignment for the benefit of all or any clause of its creditors; or (g) if the interest of adjudication that the Lessee under this Lease is attached bankrupt or taken in execution insolvent; the filing by or against the Lessee of a petition to have the Lessee adjudged a bankrupt or a petition for reorganization under any legal process; or law relating to bankruptcy (h) if the Lessee or any Guarantor (being an individual) shall be declared bankrupt or insolvent according to lawunless, then the Lessee shall be deemed to have made default. 15.2 If the Lessee shall have made such default, the Lessor may (after first giving prior notice where required by law) at its option: (a) re-enter into and take possession of the Premises or any part in the name case of the whole (by force if necessary) and eject the Lessee and all other persons therefrom and repossess and enjoy the same as of its first and former estate upon which event this Lease shall be absolutely terminated; or (b) by notice in writing to the Lessee terminate this Lease (and from the date of giving such notice this Lease shall be absolutely terminated); or (c) by notice in writing to the Lessee elect to convert the said term into a tenancy from week to week in which event this Lease shall be determined as from the giving of such notice and thereafter the Lessee shall hold the Premises from the Lessor as Lessee from week to week at a weekly rental equal to one (1) week’s proportion of the rent payable at such time commencing from the date of service of such notice (such rental being payable weekly in advance) but otherwise on the terms and conditions of this Lease so far as they can be applied to a weekly tenancy. 15.3 The Lessee agrees that the following are essential terms of this Lease: (a) the covenant to pay rent throughout the term of the Lease on the due date for payment of each monthly instalment of rent; and (b) the covenant to pay the Lessee’s proportion of the Lessor’s Outgoings; and (c) the covenant dealing with assignment, transfer and subletting; and (d) the covenant relating to repair and maintenance. 15.4 If the Lessee makes or is deemed to have made a default in the circumstances contained in this clause and if, as a consequence of such a default, the Lessor: (a) determines the Lease by re-entry; or (b) determines the Lease by notice; or (c) converts the term into a tenancy from week to week and if that tenancy is subsequently determined either by the Lessor or the Lessee before the expiration of the whole of the term; or (d) accepts the surrender of this Lease; THEN the Lessor in addition to the remedies referred to in paragraphs (a), (b), (c) and(d) of this subclause and in addition to any other rights and remedies the Lessor may have or may have exercised, will be entitled to recover from the Lessee damages for all loss suffered because this Lease will not have run the whole of its term, such damages to include, but not to be limited to, the costs of recovery of possession, the costs of reinstating the Premises, the costs of re-letting and any loss occasioned arising out of any lapse of time before re-letting or any re-letting at a rent and upon terms not as advantageous to the Lessor as the terms of this Lease. 15.5 In the event that the Lessee’s conduct (whether acts or omissions) constitutes a repudiation of this Lease, the Lessee covenants to compensate the Lessor for loss or damage suffered by reason of the repudiation or breach during the entire term of this Lease. The Lessor’s entitlement to recover damages shall not be affected or limited if the Lessee shall abandon or vacate the Premises or if the Lessor shall elect to re-enter or terminate the Lease or accept the Lessee’s repudiation. 15.6 If the Lessee shall fail to pay any moneys payable by it to any person other than the Lessor or if the Lessee shall fail to perform any affirmative covenant on the part of petition filed against the Lessee, the Lessor may at its option as same is dismissed within sixty (60) days after the agent filing thereof); the appointment of a trustee or receiver to take possession of substantially all of the Lessee make any such payment Lessee's assets located at the Los Angeles Facility or do all such acts and things and incur such expenses as may be necessary of the Lessee's interest in the Core Business Equipment (unless possession is restored to perform such covenants and the full amount of any payments made or expenses incurred shall constitute a liquidated debt due and owing by the Lessee to within thirty (30) days after such appointment); or the Lessor. 15.7 No consent attachment, execution or waiver (express levy against, or implied) by the Lessor to or of any breach of any covenant condition or duty other judicial seizure of, substantially all of the Lessee shall be construed as a consent or waiver to or of any other breach of Lessee's interest in the Core Business Equipment (unless the same or any other covenant condition or duty, 15.8 Acceptance by the Lessor of arrears of rent or other money or of any breach of this Lease does not constitute a waiver of the Lessor’s rightsis discharged within thirty (30) days after issuance thereof). 15.9 In the event of the Lessee vacating the Premises with or without the Lessor’s consent, the Lessor shall be obliged to take reasonable steps to mitigate its damages and to endeavour to re-lease the Premises at a reasonable rent and on reasonable terms. 15.10 The expiry or termination of this lease does not affect the rights of either party for a breach of this lease by the other party before the expiry or termination.