Common use of Default/Landlord's Remedies Clause in Contracts

Default/Landlord's Remedies. 19.1 Any of the following occurrences or acts shall constitute an event of default (“Event of Default”) under this Lease: (a) Tenant fails to pay any Rent within ten days after notice from Landlord that it has not been timely paid. Notwithstanding the foregoing, if Tenant fails on one occasion during any Lease Year to make any payment of Rent before the expiration of the five day notice period provided herein, such ten day notice period shall not be applicable to any subsequent payment of Rent during such Lease Year and Tenant’s failure during such period to pay any Rent within ten days after it becomes due shall be an Event of Default. (b) Tenant fails to observe or perform any of the covenants, conditions and agreements of this Lease (except for payment of Rent) and such failure shall continue for 20 days after notice to Tenant of such failure; provided, however, that if such failure is not reasonably capable of being cured within such 20 day period, then the period in which Tenant may cure such failure shall be extended up to a total of 60 days, provided Tenant promptly commences and diligently pursues the cure. 19.2 If an Event of Default occurs with regard to the making of any payment or the doing of any act herein required, Landlord may make such payment or do such act, and the making of such payment or the doing of such act by Landlord shall not operate to cure the Event of Default or estop Landlord from the pursuing any remedy to which Landlord would otherwise be entitled. In addition, Tenant shall pay Landlord all costs (including reasonable attorneys’ fees) incurred by Landlord in connection with any action taken by Landlord to enforce the provisions of this Lease. 19.3 If an Event of Default occurs, Landlord may terminate this Lease by notice to Tenant, whereupon this Lease shall end and all rights of Tenant hereunder shall expire and terminate and everything herein required on the part of Landlord to be done and performed shall cease, but Tenant shall remain liable as hereafter provided. 19.4 Pursuit of any of the remedies set forth in this Lease shall not preclude Landlord from concurrently or separately pursuing any other remedies available herein or at law or in equity as often and in such order as Landlord determines, nor shall pursuit of any remedy by Landlord constitute a forfeiture or waiver of any Rent or of any damages by reason of Tenant’s violation of this Lease. All rights and remedies available to Landlord herein and/or at law or in equity are cumulative.

Default/Landlord's Remedies. 19.1 Any In the event Tenant or any guest or invitee of the following occurrences or acts shall constitute an event of default (“Event of Default”) under this Lease: Tenant (a) possesses or uses illegal drugs at Riverfront Village; (b) discharges a firearm at Riverfront Village, except as may be permitted by applicable law; or (c) criminally assaults a tenant, guest or invitee at Riverfront Village, except as may be permitted by applicable law, then, at Landlord’s option, Tenant fails shall be in default and have no right to pay remedy or cure such default and Landlord may exercise its remedies under this Lease and under applicable law. In the event Tenant shall fail to perform any Rent other duty or condition of this Lease within ten fourteen (14) days after having received written notice from Landlord that it has to do so (specifically excepting when notice is also given for non-payment of rent, which shall require only seven (7) days' written notice), then Landlord, in addition to all other rights and remedies provided by law, shall have the right, without further notice and with or without legal process, immediately to terminate this Lease and reenter the Premises or to reenter and relet the Premises without terminating this Lease. In the event Landlord either terminates this Lease or reenters and relets without terminating, he shall be entitled to collect any damages resulting from Tenant's default, including, but not been timely paid. Notwithstanding limited to, any costs of rerenting the foregoingPremises, the difference, if Tenant fails on one occasion during any Lease Year to make any payment of Rent before any, between the expiration reasonable rental value of the five day notice period Premises (or the actual rental at which the Premises are relet) and the rental provided hereinfor herein for the balance of the term. Upon any reentry pursuant to this paragraph, such ten day notice period Landlord may, but shall not be applicable obligated to, remove any personal property located in or about the Premises and store such property at Tenant's expense. If Tenant defaults and Landlord terminates this Lease, Landlord shall use reasonable efforts to any subsequent payment of Rent during such Lease Year and mitigate Tenant’s failure during such period to pay any Rent within ten days after it becomes due shall be an Event of Default. (b) Tenant fails to observe or perform any of the covenants, conditions and agreements of this Lease (except for payment of Rent) and such failure shall continue for 20 days after notice to Tenant of such failure; provided, however, that if such failure is not reasonably capable of being cured within such 20 day period, then the period in which Tenant may cure such failure shall be extended up to a total of 60 days, provided Tenant promptly commences and diligently pursues the cure. 19.2 If an Event of Default occurs with regard to the making of any payment or the doing of any act herein required, Landlord may make such payment or do such act, and the making of such payment or the doing of such act by Landlord shall not operate to cure the Event of Default or estop Landlord from the pursuing any remedy to which Landlord would otherwise be entitleddamages. In addition, if Tenant finds a suitable new tenant not already leasing at Riverfront Village to move into the same room type as Tenant’s, Landlord shall pay Landlord all costs (including reasonable attorneys’ fees) incurred apply the rent paid by Landlord in connection with any action taken by Landlord to enforce the provisions of new tenant against the rent otherwise due under this Lease. 19.3 If an Event of Default occurs; however, Landlord may terminate this Lease if Tenant does not find such a replacement tenant, Tenant still receives a credit against rent otherwise due for rent paid by notice to Tenant, whereupon this Lease shall end and all rights of Tenant hereunder shall expire and terminate and everything herein required on the part of Landlord to be done and performed shall ceasereplacement tenants found by Landlord, but in the chronological order of similarly situated former tenants of Riverfront Village who leases have terminated before their contracted lease terms ends. In no event will Landlord be obligated to pay Tenant shall remain liable as hereafter providedany excess credit amounts. 19.4 Pursuit of any of the remedies set forth in this Lease shall not preclude Landlord from concurrently or separately pursuing any other remedies available herein or at law or in equity as often and in such order as Landlord determines, nor shall pursuit of any remedy by Landlord constitute a forfeiture or waiver of any Rent or of any damages by reason of Tenant’s violation of this Lease. All rights and remedies available to Landlord herein and/or at law or in equity are cumulative.

Default/Landlord's Remedies. 19.1 Any All rights and remedies of the following occurrences Landlord herein enumerated shall be cumulative, and none shall exclude another or acts shall constitute an event of default (“Event of Default”) under this Lease:any other right or remedy provided by law. (a) If any voluntary or involuntary petition or similar pleading under any section of any bankruptcy act shall be filed by or against Tenant, or any voluntary or involuntary proceeding in any Court or tribunal shall be instituted to declare Tenant fails insolvent or unable to pay Tenant's debts, then and in any Rent within ten days after notice from such event Landlord that it has not been timely paid. Notwithstanding the foregoingmay, if Tenant fails on one occasion during any Lease Year to make any payment Landlord so elects, but not otherwise, and with or without notice of Rent before the expiration of the five day notice period provided hereinsuch election, such ten day notice period shall not be applicable to any subsequent payment of Rent during such Lease Year and Tenant’s failure during such period to pay any Rent within ten days after it becomes due shall be an Event of Defaultwith or without entry or other action by Landlord, forthwith terminate this Lease. (b) If the Tenant fails to observe or perform any of defaults in the covenants, conditions and agreements of this Lease (except for payment of Rent) rent or in the prompt and such failure shall continue for 20 days after notice to Tenant of such failure; provided, however, that if such failure is not reasonably capable of being cured within such 20 day period, then the period in which Tenant may cure such failure shall be extended up to a total of 60 days, provided Tenant promptly commences and diligently pursues the cure. 19.2 If an Event of Default occurs with regard to the making full performance of any payment or the doing of any act herein required, Landlord may make such payment or do such act, and the making of such payment or the doing of such act by Landlord shall not operate to cure the Event of Default or estop Landlord from the pursuing any remedy to which Landlord would otherwise be entitled. In addition, Tenant shall pay Landlord all costs (including reasonable attorneys’ fees) incurred by Landlord in connection with any action taken by Landlord to enforce the provisions of this Lease. 19.3 If , or if the leasehold interest or the Tenant's business or fixtures of Tenant are levied upon under execution or attached by process of law, of if the Tenant makes an Event assignment for the benefit of Default occurscreditors, or if a receiver is appointed for any property of the Tenant, or if the Tenant abandons the premises (abandoning shall be defined as vacating, deserting, or surrendering the property) then and in any such event the Landlord may may, if the Landlord so elects, but not otherwise, and after three (3) days' written notice thereof to Tenant, forthwith terminate this Lease and Tenant's right to possession of the demised premise or terminate only Tenant's right to possession hereunder. Whether or not Landlord so elects, Tenant agrees to pay interest to Landlord on any past due payment of rent unless such payment is made within ten days from the due date, at the interest rate of twelve (12%) percent per annum. (c) Upon any termination of this Lease, whether by lapse of time or otherwise the Tenant shall surrender possession and vacate the premises immediately, and deliver possession thereof to the Landlord, and hereby grants to the Landlord full and free license to enter into and upon the premises in such event with or without process of law to expel or remove the Tenant and any others who may be occupying or within the premises and to remove any and all property therefrom, using such force as may be necessary, without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer, and without relinquishing the Landlord's rights to rent or any other right given to the Landlord hereunder or by operation of law. The Tenant expressly waives the service of any demand for the payment of rent or for possession and the services of any notice of the Landlord's election to terminate this Lease or to re-enter the Landlord's election to terminate this Lease or to re-enter the Premises, except as provided for in subparagraph (b) of this paragraph, and agrees that the failure to cure any simple breach of any covenants or provisions of this Lease within thirty (30) days after Tenant has been given written notice of said Breach shall, of itself, without the service of any further notice or demand whatsoever, constitute an unlawful detainer by Tenant of the premises within the meaning of the Statutes of the State of Florida. (d) If the Tenant abandons the premises or otherwise entitles the Landlord so to elect, and the Landlord does elect to terminate the Tenant's right to possession only, without terminating the Lease, the Landlord may at the Landlord's option enter into the premises, remove the Tenant's signs and other evidence of tenancy, and take and hold possession thereof without such entry and possession terminating the Lease or releasing the Tenant, whereupon this in whole or in part from the Tenant's obligation to pay the rent hereunder for the full term, and in any such case the Tenant shall pay forthwith to the Landlord a sum equal to the entire amount of the rent reserved under paragraphs four (4) and sixteen (16) of the Lease shall end for the residue of the stated term plus any other sums then due hereunder. Upon and all rights after entry into possession without termination of Tenant hereunder shall expire and terminate and everything herein required on the part of Lease, the Landlord to be done and performed shall ceasemay, but Tenant shall remain liable as hereafter provided. 19.4 Pursuit of need not, relet the premise or any part thereof for the account of the remedies set forth Tenant to any person, firm or corporation other than the Tenant for such rent, for such time and upon such terms as the Landlord in this Lease the Landlord's sole discretion shall determine; however the Landlord shall use reasonable commercial and community standards, nevertheless, the Landlord shall not preclude be required to accept any tenant offered by the Tenant or to observe any instructions given by the Tenant about such reletting. In any such case, the Landlord from concurrently may make repairs, alterations and additions in or separately pursuing any other remedies available herein to the premises, and redecorate the same to the extent deemed by the Landlord necessary or at law or desirable in equity as often order to restore the premises to their condition when the Tenant accepted the premises, and in such order as Landlord determinesthe Tenant shall, nor shall pursuit upon demand, pay the cost thereof, together with the Landlord's expenses of any remedy the reletting, including that portion of the leasing commission paid by Landlord constitute a forfeiture or waiver of any Rent or of any damages by reason of Tenant’s violation and applicable to the unexpired term of this Lease. All rights If the consideration collected by the Landlord upon any such reletting for the Tenant's account is not sufficient to pay monthly the full amount of the rent reserved in this Lease, together with the costs of leasing commissions actually paid to obtain such reletting, repairs, alterations, additions, and remedies available redecorating, Tenant agrees to pay the amount of each monthly deficiency within five (5) days after written notification to Tenant; and if the consideration so collected from any such reletting is more than sufficient to pay the full amount of the rent reserved herein, together with the costs and expenses of the Landlord, the Landlord, at the end of the stated term of Lease, shall account for the surplus to the Tenant. (e) Tenant hereby irrevocably appoints Landlord as agent and attorney-in-fact of Tenant, to enter upon the premises in the event of default by Tenant in the payment of any rent herein reserved, or in the performance of any term, covenant or condition herein contained to be kept or performed by Tenant, and to remove any and all furniture and personal property whatsoever situated upon the premises. Any and all property which maybe removed from the premises by the Landlord pursuant to the authority of this Lease or of law to which the Tenant is or may be entitled, may be handled, removed or stored by Landlord at the risk, cost and expense of Tenant, and Landlord shall in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay to Landlord, upon demand, all expenses incurred in such removal and all storage charges against such property so long as the same shall be in Landlord's possession or under landlord's control. Landlord may place such property in storage for the account of, and at the expense of Tenant, and if Tenant fails to pay the cost of storing such property after it has been stored for a period of ninety (90) days or more, Landlord may sell any or all or such property in such manner and at such time and places as Landlord in his sole discretion may deem proper, without notice to or demand upon Tenant for the payment of any part of such charges or the removal of any of such property and shall apply the proceeds of such sale first to the cost and expenses of such sale, including reasonable attorney's fees; second, to the payment of the costs and charges of storing any property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord herein and/or at law or in equity are cumulativefrom Tenant under any of the terms hereof; and fourth, the balance, if any, to Tenant. The removal and storage of Tenant's property, as above provided, shall not constitute a waiver of Landlord's lien thereon.

Default/Landlord's Remedies. 19.1 Any If Tenant (i) defaults in the payment of the following occurrences Base Rent, or acts shall constitute an event of default (“Event of Default”) under this Lease: (a) Tenant other monetary changes due hereunder and fails to pay any Rent remedy such default within ten (10) days after written notice from Landlord, or (ii) defaults in the performance of any other obligation hereunder and fails to remedy such default within fifteen (15) days after written notice from Landlord that it has not been timely paid. Notwithstanding the foregoing, if Tenant fails on one occasion during any Lease Year to make any payment of Rent before the expiration of the five day notice period provided herein, such ten day notice period shall not be applicable to any subsequent payment of Rent during such Lease Year and Tenant’s failure during such period to pay any Rent within ten days after it becomes due shall be an Event of Default. (b) Tenant fails to observe or perform any of the covenants, conditions and agreements of this Lease (except for payment of Rent) and such failure shall continue for 20 days after notice to Tenant of such failure; provided, however, that if such failure is cannot reasonably capable of being be cured within such 20 fifteen (15) day period, then the this period in which shall be extended for a reasonable additional time provided that Tenant may commences to cure such failure within fifteen (15) day period and proceeds diligently thereafter to effect such cure), or (iii) if any proceeding shall be extended up commenced to declare Tenant bankrupt or insolvent or to obtain relief under any chapter or provision of bankruptcy or debtor relief law, or (iv) if any assignment of Tenant’s property be made for the benefit of creditors, or (v) if a total of 60 daysreceiver or trustee be appointed for Tenant or Tenant’s property or business, provided Tenant promptly commences and diligently pursues the cure. 19.2 If an Event of Default occurs with regard to the making of any payment or the doing of any act herein required, Landlord may make such payment or do such act, and the making of such payment or the doing of such act by Landlord shall not operate to cure the Event of Default or estop Landlord from the pursuing any remedy to which Landlord would otherwise be entitled. In addition, Tenant shall pay Landlord all costs (including reasonable attorneys’ fees) incurred by Landlord in connection with any action taken by Landlord to enforce the provisions of this Lease. 19.3 If an Event of Default occurs, Landlord may terminate this Lease by then without further notice to Tenant, whereupon this Lease shall end Landlord, in addition to all of Landlord’s other rights and all rights of Tenant hereunder shall expire remedies at law and equity, may enter upon the Leased Premises and terminate and everything herein required on this Lease. In the part event of such termination the obligations of Landlord shall cease without prejudice; however, Landlord shall have the right to be done immediately recover from Tenant: (a) any sums due Landlord for Base Rent and performed shall cease, but Tenant shall remain liable as hereafter provided. 19.4 Pursuit of any of the remedies other payments set forth in this Lease shall not preclude Landlord to the date of such entry; (b) the discounted net present value of the unpaid Base Rent that would have become due from concurrently the date of such termination until the date this Lease would have expired but for such termination, less the discounted net present value of the reasonable fair market rent for the Leased Premises during said time period; (c) the cost of all repairs to correct any damage to the Leased Premises or separately pursuing any other remedies available herein or at law or in equity as often the Building caused by Tenant (ordinary wear and in such order as Landlord determines, nor shall pursuit of any remedy by Landlord constitute a forfeiture or waiver of any Rent or of any damages by reason of Tenant’s violation of this Lease. All rights and remedies available to Landlord herein and/or at law or in equity are cumulative.tear excepted); and

Default/Landlord's Remedies. 19.1 Any If default shall be made (i) in the payment of the following occurrences Rent or acts shall constitute an event any installment thereof or in the payment of default (“Event of Default”) any other sum required to be paid by Tenant under this Lease: (a) Tenant fails to pay Lease or under the terms of any Rent within ten days after notice from other agreement between Landlord that it has not been timely paid. Notwithstanding the foregoing, if Tenant fails on one occasion during any Lease Year to make any payment of Rent before the expiration of the five day notice period provided herein, such ten day notice period shall not be applicable to any subsequent payment of Rent during such Lease Year and Tenant’s failure during such period to pay any Rent within ten days after it becomes due , or (ii) if default shall be an Event made in the observance or performance of Default. (b) Tenant fails to observe or perform any of the covenants, other covenants or conditions and agreements of in this Lease (except for payment of Rent) which Tenant is required to observe and perform and such failure default shall continue for 20 fifteen (15) days after written notice to Tenant of such failure; providedexcept that, however, that if such failure is the default cannot reasonably capable of being by its nature be cured within such 20 15 day period, then the period in which and if Tenant may cure such failure shall be extended up to a total of 60 days, provided Tenant promptly immediately commences and continuously and diligently pursues such cure, the cure. 19.2 If an Event default may exist for a reasonable period not to exceed forty-five (45) days after the date of Default occurs with regard the notice to the making of any payment Tenant before Landlord can exercise its rights hereunder, or the doing of any act herein required, Landlord may make such payment or do such act, (iii) if a default involves a hazardous condition and the making of such payment or the doing of such act is not cured by Landlord shall not operate to cure the Event of Default or estop Landlord from the pursuing any remedy to which Landlord would otherwise be entitled. In addition, Tenant shall pay Landlord all costs (including reasonable attorneys’ fees) incurred by Landlord in connection with any action taken by Landlord to enforce the provisions of this Lease. 19.3 If an Event of Default occurs, Landlord may terminate this Lease by immediately upon written notice to Tenant, whereupon this Lease shall end and all rights or (iv) if the interest of Tenant hereunder shall expire and terminate and everything herein required on the part of Landlord to be done and performed shall cease, but Tenant shall remain liable as hereafter provided. 19.4 Pursuit of any of the remedies set forth in this Lease shall be levied on under execution or other legal process, or (v) if any voluntary petition in bankruptcy or for corporate reorganization or any similar relief shall be filed by Tenant, or if any involuntary petition in bankruptcy shall be filed against Tenant under any federal or state bankruptcy or insolvency act and shall not preclude have been dismissed within sixty (60) days from the filing thereof, or (vi) if a receiver shall be appointed for Tenant or any of the property of Tenant by any court and such receiver shall not have been dismissed within thirty (30) days from the date of his appointment, or (vii) if Tenant shall make an assignment for the benefit of creditors, or (viii) if Tenant shall admit in writing Tenant’s inability to meet Xxxxxx’s debts as they mature, or (ix) if Tenant shall abandon or vacate the Leased Premises during the Term, then Landlord from concurrently may treat the occurrence of any one or separately pursuing more of the foregoing events as a breach of this Lease, and thereupon at its option may, with or without notice or demand of any kind to Tenant or any other person, have any one or more of the following described remedies available herein or in addition to all other rights and remedies provided at law or in equity as often or elsewhere herein, and in such order as Landlord determineswhich may be pursued concurrently or successively, nor and an election to pursue one remedy shall not prevent the pursuit of any remedy by another remedy: (i) Landlord constitute a forfeiture or waiver of any Rent or of any damages by reason of Tenant’s violation of may enter upon the Leased Premises and terminate this Lease. All rights In the event of such termination, the obligations of Landlord shall cease without prejudice; however, Landlord shall have the right to immediately recover from Tenant: (a) any sums due Landlord Rent or otherwise to the date of such entry; (b) the discounted net present value of the unpaid Base Rent that would have become due from the date of such termination until the date this Lease would have expired but for such termination, less the discounted net present value of the reasonable fair market rent for the Leased Premises during said time period, using a discount rate of five percent (5%); (c) the cost of all repairs to correct any damage to the Leased Premises or the Building caused by Tenant (ordinary wear and remedies available tear excepted); and (d) all attorney's fees and costs incurred by Landlord to effect the termination. (ii) Landlord herein and/or may terminate Tenant’s right of possession and may repossess the Leased Premises by forcible entry and detainer suit, by taking peaceful possession or otherwise, without terminating this Lease, in which event Landlord may, but shall be under no obligation to, relet the same for the account of Tenant, for such rent and upon such terms as shall be satisfactory to Landlord. For the purpose of such reletting, any demolition or renovation costs paid by Landlord shall be expenses of reletting. If the Leased Premises are relet and a sufficient sum shall not be realized from such reletting after paying all of the costs and the expenses of such reletting and of the collection of the rent accruing therefrom to satisfy the Rent provided for in the Lease and the amount of unamortized Landlord’s Costs, Tenant shall satisfy and pay the same upon demand therefor from time to time. Tenant shall not be entitled to any rents received by Landlord in excess of the Rent provided for in this Lease. Xxxxxx agrees that Landlord may file suit to recover any sums falling due under the terms of this from time to time and that no suit or recovery of any portion due Landlord hereunder shall be any defense to any subsequent action brought for any amount not theretofore reduced to judgment in favor of Landlord. “Landlord’s Costs” shall mean brokerage commissions, renovations, expenses, attorney’s fees and the amount of unamortized costs of Landlord incurred in connection with this Lease (amortized on a straight line basis over the Term) including, without limitation, demolition and other work performed at law Xxxxxxxx’s expense to prepare the Leased Premises, brokerage commissions, attorneys’ fees and the value of any abatement or in equity are cumulativeconcessions.

Default/Landlord's Remedies. 19.1 Any If default shall be made in the payment of the following occurrences Rent or acts shall constitute an event any installment thereof or in the payment of default (“Event of Default”) any other sum required to be paid by Tenant under this Lease: Lease or under the terms of any other agreement between Landlord and Tenant and such default shall continue for a period of five (a5) Tenant fails to pay any Rent within ten days after notice from Landlord that it has not been timely paid. Notwithstanding the foregoing, or if Tenant fails on one occasion during any Lease Year to make any payment of Rent before the expiration of the five day notice period provided herein, such ten day notice period shall not be applicable to any subsequent payment of Rent during such Lease Year and Tenant’s failure during such period to pay any Rent within ten days after it becomes due default shall be an Event made in the observance or performance of Default. (b) Tenant fails to observe or perform any of the covenants, other covenants or conditions and agreements of in this Lease (except for payment of Rent) which Tenant is required to observe and perform and such failure default shall continue for 20 a period of thirty (30) days after notice to Tenant of such failure; provided, however, that if such failure is not reasonably capable of being cured within such 20 day period, then the period in which Tenant may cure such failure shall be extended up to a total of 60 days, provided Tenant promptly commences and diligently pursues the cure. 19.2 If an Event of Default occurs with regard to the making of any payment or the doing of any act herein required, Landlord may make such payment or do such act, and the making of such payment or the doing of such act by Landlord shall not operate to cure the Event of Default or estop Landlord from the pursuing any remedy to which Landlord would otherwise be entitled. In addition, Tenant shall pay Landlord all costs (including reasonable attorneys’ fees) incurred by Landlord in connection with any action taken by Landlord to enforce the provisions of this Lease. 19.3 If an Event of Default occurs, Landlord may terminate this Lease by written notice to Tenant, whereupon this Lease shall end or if a default involves a hazardous condition and all rights is not cured by Tenant immediately upon written notice to Tenant, or if the interest of Tenant hereunder shall expire and terminate and everything herein required on the part of Landlord to be done and performed shall cease, but Tenant shall remain liable as hereafter provided. 19.4 Pursuit of any of the remedies set forth in this Lease shall be levied on under execution or other legal process, or if voluntary petition in bankruptcy or for corporate reorganization or any similar relief shall be filed by Tenant, or if any involuntary petition in bankruptcy shall be filed against Tenant under any federal or state bankruptcy or insolvency act and shall not preclude have been dismissed within sixty (60) days from the filing thereof, or if a receiver shall be appointed for Tenant or any of the property of Tenant by any court and such receiver shall not have been dismissed within sixty (60) days from the date of his appointment, or if Tenant shall make an assignment for the benefit of creditors, or if Tenant shall admit in writing Tenant’s inability to meet Tenant’s debts as they mature, then Landlord from concurrently may treat the occurrence of any one or separately pursuing more of the foregoing events as a breach of this Lease, and thereupon at its option may, with or without notice or demand of any kind to Tenant or any other person, have any one or more of the following described remedies available herein or in addition to all other rights and remedies provided at law or in equity as often or elsewhere herein: A. Landlord may (1) terminate this Lease and in such order as Landlord determinesthe Term created thereby, nor shall pursuit and thereupon re-enter and take possession of any remedy by Landlord constitute a forfeiture or waiver of any Rent or of any damages by reason of Tenant’s violation the Premises, with legal process, and (2) at its option and without further notice, declare the Rent, for the entire remaining Term of this Lease, and any other indebtedness hereunder, if any, immediately due and payable as agreed upon liquidated damages without regard to whether or not possession shall have been surrendered to or taken by Landlord, and may commence action immediately thereupon and recover judgment therefore. All rights In determining the Rent which would be payable by Tenant hereunder subsequent to default, the annual Rent for each year of the unexpired Term shall be calculated by not only computing the Base Rent for such period, but also computing Additional Rent for such period utilizing the average Additional Rent paid by Tenant from the commencement of the Term to the time of default, or during the preceding full calendar year, whichever period is shorter. In the event of any such acceleration of Rent, Landlord shall discount the same to present value based on the then current prime or base rate charged by Citibank, N.A. in New York, New York prior to seeking recovery thereof. B. Landlord may terminate Tenant’s right of possession and remedies available may repossess the Premises by forcible entry and detainer suit, by taking peaceful possession or otherwise, without terminating the Lease, in which event Landlord may, but shall be under no obligation to, relet the same 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. If Landlord shall fail to relet the Premises, Tenant shall pay to Landlord herein and/or as damages a sum equal to the amount of the rental reserved in this Lease for the balance of its original Term. If the Premises are relet and a sufficient sum shall not be realized from such reletting after paying all of the costs and expenses of such decorations, repairs, changes, alterations and additions and the expenses of such reletting and of the collection of the rent accruing therefrom to satisfy the Rent provided for in this Lease, Tenant shall satisfy and pay any such deficiency upon demand therefor from time to time. Tenant agrees that Landlord may file suit to recover any sums falling due under the terms of this Section 24 from time to time and that no suit or recovery of any portion due Landlord hereunder shall be any defense to any subsequent action brought for any amount not theretofore reduced to judgment in favor of Landlord. C. Landlord agrees that it shall, at law or all times, act in equity are cumulativea commercially reasonable manner in attempting to mitigate its damages in the event of a Tenant default hereunder.

Default/Landlord's Remedies. 19.1 Any a. In the event Tenant shall fail to pay the rent or any other obligation involving the payment of the following occurrences or acts money reserved herein when due, Landlord shall constitute an event give Tenant written notice of such default and if Tenant shall fail to cure such default within ten (“Event 10) days after receipt of Default”) under such notice, Landlord shall, in addition to its other remedies provided by law, and in this Lease: (a) Tenant fails to pay any Rent within ten days after notice from Landlord that it has not been timely paid. Notwithstanding the foregoing, if Tenant fails on one occasion during any Lease Year to make any payment of Rent before the expiration of the five day notice period provided herein, such ten day notice period shall not be applicable to any subsequent payment of Rent during such Lease Year and Tenant’s failure during such period to pay any Rent within ten days after it becomes due shall be an Event of Default. (b) Tenant fails to observe or perform any of the covenants, conditions and agreements of this Lease (except for payment of Rent) and such failure shall continue for 20 days after notice to Tenant of such failure; provided, however, that if such failure is not reasonably capable of being cured within such 20 day period, then the period in which Tenant may cure such failure shall be extended up to a total of 60 days, provided Tenant promptly commences and diligently pursues the cure. 19.2 If an Event of Default occurs with regard to the making of any payment or the doing of any act herein required, Landlord may make such payment or do such act, and the making of such payment or the doing of such act by Landlord shall not operate to cure the Event of Default or estop Landlord from the pursuing any remedy to which Landlord would otherwise be entitled. In addition, Tenant shall pay Landlord all costs (including reasonable attorneys’ fees) incurred by Landlord in connection with any action taken by Landlord to enforce the provisions of this Lease. 19.3 If an Event of Default occurs, Landlord may terminate this Lease by notice to Tenant, whereupon this Lease shall end and all rights of Tenant hereunder shall expire and terminate and everything herein required on the part of Landlord to be done and performed shall cease, but Tenant shall remain liable as hereafter provided. 19.4 Pursuit of any of have the remedies set forth in subparagraph (c) below. b. If Tenant shall be in default in performing any of the terms of this Lease shall not preclude Landlord from concurrently other than the payment of rent or separately pursuing any other remedies available herein obligation involving the payment of money, Landlord shall give Tenant written notice of such default, and if Tenant shall fail to cure such default within twenty (20) days after the receipt of such notice, or at law or in equity if the default is of such a character as often to require more than twenty (20) days to cure, then if Tenant shall fail within said twenty (20) day period to commence and thereafter proceed diligently to cure such default, then and in either of such order events, Landlord may (at this option and in addition to its other legal remedies) cure such default for the account of Tenant and any sum so expended by Landlord shall be additional rent for all purposes hereunder, including without limitation, reasonable attorneys fees and collection costs, and also including subparagraph (a) above and shall be paid by Tenant with the next monthly installment of rent. c. If any rent or any other obligation involving the payment of money shall be due and unpaid or Tenant shall be in default upon any of the other terms of the Lease, and such default has not been cured after notice and within the provided in subparagraphs (a) and (b) above, or, if the premises are abandoned or vacated, then Landlord, in addition to its other remedies, shall have the immediate right of re- entry. Should Landlord elect to re-enter or take possession pursuant to legal proceedings or any notice provided for by law, Landlord may either terminate this Lease or from time to time, without terminating this Lease, relet the premises or any part thereof on such terms and conditions as Landlord determinesshall in its sole discretion deem advisable. The avails of such reletting shall be applied first, nor shall pursuit to the payment of any remedy indebtedness of Tenant to landlord other than rent due hereunder; second, to the payment of any reasonable costs of such reletting, including the cost of any reasonable alterations and repairs to the premises; third, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord constitute a forfeiture and applied in payment of future rent as the same may become due and payable hereunder. Should the avails of such reletting during any month be less than the monthly rent reserved hereunder, then Tenant shall during each such month pay such deficiency to the Landlord. d. Tenant shall be in default whenever tenant shall vacate, abandon, or waiver fail to occupy the premises and leave same vacated, abandoned or unoccupied fora period of any Rent or of any damages by reason of Tenant’s violation of this Lease. fifteen (15) days. e. All rights and remedies available to of Landlord herein and/or at law or in equity are cumulativehereunder shall be cumulative and none shall be exclusive of any other rights and remedies allowed by law.

Default/Landlord's Remedies. 19.1 Any If (i) a payment of the following occurrences Rent or acts shall constitute an event of default (“Event of Default”) any installment thereof or any other sum required to be paid by Tenant under this Lease: Lease or under the terms of any other agreement between Landlord and Tenant is not made when same becomes due, (aii) Tenant fails to pay any Rent within ten days after notice from Landlord that it has not been timely paid. Notwithstanding the foregoing, if Tenant fails on one occasion during any Lease Year to make any payment of Rent before the expiration of the five day notice period provided herein, such ten day notice period shall not be applicable to any subsequent payment of Rent during such Lease Year and Tenant’s failure during such period to pay any Rent within ten days after it becomes due shall be an Event of Default. (b) Tenant fails breaches its obligation to observe or perform any of the covenants, other covenants or conditions and agreements of in this Lease (except for payment of Rent) and such failure breach shall continue for 20 a period of ten (10) days after notice to Tenant of such failure; provided, however, that if such failure is not reasonably capable of being cured within such 20 day period, then the period in which Tenant may cure such failure shall be extended up to a total of 60 days, provided Tenant promptly commences and diligently pursues the cure. 19.2 If an Event of Default occurs with regard to the making of any payment or the doing of any act herein required, Landlord may make such payment or do such act, and the making of such payment or the doing of such act by Landlord shall not operate to cure the Event of Default or estop Landlord from the pursuing any remedy to which Landlord would otherwise be entitled. In addition, Tenant shall pay Landlord all costs (including reasonable attorneys’ fees) incurred by Landlord in connection with any action taken by Landlord to enforce the provisions of this Lease. 19.3 If an Event of Default occurs, Landlord may terminate this Lease by written notice to Tenant, whereupon this Lease shall end (iii) Tenant’s breach involves a hazardous condition and all rights is not cured by Tenant immediately upon written notice to Tenant, (iv) the interest of Tenant hereunder shall expire and terminate and everything herein required on the part of Landlord to be done and performed shall cease, but Tenant shall remain liable as hereafter provided. 19.4 Pursuit of any of the remedies set forth in this Lease shall be levied on under execution or other legal process, (v) voluntary petition in bankruptcy or for corporate reorganization or any similar relief shall be filed by Tenant, (vi) any involuntary petition in bankruptcy shall be filed against Tenant under any federal or state bankruptcy or insolvency act and shall not preclude have been dismissed within thirty (30) days from the filing thereof, (vii) a receiver shall be appointed for Tenant or any of the property of Tenant by any court and such receiver shall not have been dismissed within thirty (30) days from the date of his appointment, (viii) Tenant shall make an assignment for the benefit of creditors, (ix) Tenant shall admit in writing Tenant’s inability to meet Tenant’s debts as they mature, or (x) the Premises are vacated, abandoned or deserted during the Term, then Landlord from concurrently may treat the occurrence of any one or separately pursuing more of the foregoing events as a default of Tenant under this Lease, and thereupon at its option may, with or without notice or demand of any kind to Tenant or any other person, have any one or more of the following described remedies available herein or in addition to all other rights and remedies provided at law or in equity as often or elsewhere herein: (a) Landlord may (1) terminate this Lease and in such order as Landlord determinesthe Term created thereby, nor shall pursuit and thereupon re-enter and take possession of any remedy by Landlord constitute a forfeiture the Premises, with or waiver of any Rent or of any damages by reason of Tenant’s violation without legal process, and/or (2) at its option and without further notice, declare the Rent, for the entire remaining Term of this Lease, and any other indebtedness hereunder, if any, immediately due and payable without regard to whether or not possession shall have been surrendered to or taken by Landlord, and may commence action immediately thereupon and recover judgment therefor. (b) Landlord may terminate Tenant’s right of possession and may repossess the Premises by forcible entry and detainer suit, by taking peaceful possession or otherwise, without terminating the Lease, in which event Landlord may, but shall be under no obligation to, relet the same for the account of Tenant, for such rent and upon such terms as shall be satisfactory to Landlord. All rights and remedies available For the purpose of such reletting, Landlord is authorized to decorate or to make any repairs at Tenant’s cost. If Landlord shall fail to relet the Premises, Tenant shall pay to Landlord herein and/or at law as damages a sum equal to the amount of the Rent reserved in this Lease for the balance of its original Term. If the Premises are relet and the sum realized from the collection of the rent accruing therefrom, after deducting all of the (i) costs and expenses of such decorations, repairs, changes, alterations and additions; and (ii) expenses (including commissions) of such reletting, are not equal to or greater than the Rent provided for in equity are cumulativethis Lease, Tenant shall satisfy and pay any such deficiency upon demand therefor from time to time. Tenant agrees that Landlord may file suit to recover any sums falling due under the terms of this Section 23 from time to time and that no suit or recovery of any portion due Landlord hereunder shall be any defense to any subsequent action brought for any amount not theretofore reduced to judgment in favor of Landlord.