Common use of Default or Breach Clause in Contracts

Default or Breach. (a) It is agreed by and between the parties hereto that; (i) if Tenant shall fail to make any payment of rents or taxes, assessments, insurance premiums, water rates, or any other sum herein stipulated and agreed to be paid or kept, at the time same is required to be paid under the provisions of this Lease and such failure shall continue for a period of ten (10) days after Tenant receives from Landlord written notice of such delinquent payment, or (ii) if Tenant shall fail to keep and perform any other covenant, condition or agreement herein provided on the part of Tenant to be performed; then, and in such case, Landlord may serve upon Tenant written notice of such default; and if such default shall then continue without being wholly remedied for a period of thirty (30) days after the service of such notice, or in the event of a breach other than the payment of money, Tenant shall not have commenced the remedying of such default within the thirty (30)-day period subsequent to written notice and shall not diligently prosecute compliance to final termination, then it shall and may be lawful for Landlord, without further notice, to declare said Term ended, and to re-enter and re-possess the Premises, and the building and improvements situated thereon, or any part thereof, either with or without process of law, and Tenant does in such event, hereby waive any demand for possession of the Premises, and any and all buildings and improvements then situated thereon, and Tenant covenants and agrees, upon the termination of the Term at the election of Landlord, or in any other way, to immediately surrender and deliver up the Premises and property peaceably to Landlord, or the agents or attorneys of Landlord, immediately upon the termination of the Term, and this Lease shall become void and of no further effect, and Landlord may hold and retain the Premises and all buildings and improvements thereon as of its first or former estate, subject to any mortgage executed pursuant to the terms hereof, and this Lease shall be forfeited to Landlord, and Landlord may bring suit for and collect all of the past-due rents, taxes and assessments. All costs (including attorneys’ fees) occasioned by default of Tenant shall be an expense of Tenant, and shall be due as rental hereunder.

Default or Breach. If Lessee (a) It is agreed fails to pay or cause to be paid any tax, assessment, insurance premium, lien, claim, charge, or demand herein provided to be paid or caused to be paid by Lessee at all times and between in the parties hereto thatmanner herein provided; or (ib) if Tenant shall fail to make any defaults in the payment of rents or taxes, assessments, insurance premiums, water rates, any installment of rent or any other sum when due and provided; or (c) fails to use, maintain, and operate the Premises as herein stipulated and agreed to be paid or kept, at the time same is required to be paid under the provisions of this Lease and such failure shall continue for a period of ten (10) days after Tenant receives from Landlord written notice of such delinquent paymentrequired, or abandon the property; or (iid) if Tenant shall fail to keep and perform defaults in the performance of or breach of any other covenant, condition condition, or agreement restriction of this Lease Agreement herein provided on the part of Tenant to be performedkept or performed by Lessee; then, and in such case, Landlord may serve upon Tenant then City shall give written notice of such default; and if to remedy such default shall then continue without being wholly or breach. If the default or breach is remedied for a period of within thirty (30) days after the service of following such notice, or then this Lease Agreement shall continue in the event of a breach other than the payment of money, Tenant shall not have commenced the remedying of full force and effect. If such default or breach is not remedied within the thirty (30)-day period subsequent to written notice and shall not diligently prosecute compliance to final termination30) days following such notice, then it shall and City may, at its option, terminate this Lease Agreement, and, in addition to all of the remedies, the City may be lawful for Landlord, without further notice, to declare said Term ended, and to re-enter and re-possess lease the Premises, and all improvements shall become the building sole property of City. Upon termination, all subleases, at the option of City, shall terminate. Such termination shall not be considered a waiver of damages or other remedies available to either party because of such default or breach. Each term and improvements situated thereoncondition of this Lease Agreement shall be deemed to be both a covenant and a condition. Upon default or breach by Lessee, City may, in addition to all other remedies available in law or any part thereofequity, either with recover all damages proximately resulting from the breach or without process default, including, but not limited to, the cost of lawrecovering the Premises, attorneys' fees and all costs or expenses of litigation and the total balance of lease payments due under this Lease Agreement for the remainder of the Lease Agreement term, which sum shall be immediately due City from Lessee. Appointment of a receiver to take possession of Lessee's assets, Lessee's general assignment for the benefit of creditors, Lessee's insolvency, and Tenant does in Lessee's taking or suffering action under the Bankruptcy Act are breaches of this Lease Agreement. Upon any such event, hereby waive any demand for possession City shall have the option to terminate this Lease Agreement or to require that Lessee provide additional security by means of the Premisesa cash security deposit, and any and all buildings and improvements then situated thereon, and Tenant covenants and agrees, upon the termination of the Term at the election of Landlordadvance rental payments, or in any such other way, action as City deems prudent to immediately surrender and deliver up protect the Premises and property peaceably to Landlord, or the agents or attorneys of Landlord, immediately upon the termination of the Term, and this Lease shall become void and of no further effect, and Landlord may hold and retain the Premises and all buildings and improvements thereon as of its first or former estate, subject to any mortgage executed pursuant to the terms hereof, and this Lease shall be forfeited to Landlord, and Landlord may bring suit for and collect all of the past-due rents, taxes and assessments. All costs (including attorneys’ fees) occasioned by default of Tenant shall be an expense of Tenant, and shall be due as rental hereunderpublic fisc.

Default or Breach. (a) It is agreed by and between the parties hereto that; Should Lessee (i) if Tenant shall fail to make pay or cause to be paid any tax, assessment, insurance premium, lien, claim, charge, or demand herein provided to be paid or caused to be paid by Lessee at all times and in the manner herein provided; or (ii) default in the payment of rents or taxes, assessments, insurance premiums, water rates, any installment of rent or any other sum herein stipulated when due and agreed provided; or (iii) fail to be paid commence or keptto complete the construction, at the time same is required to be paid under the provisions of this Lease and such failure shall continue for a period of ten (10) days after Tenant receives from Landlord written notice of such delinquent paymentrepair, restoration, or replacement of the hangar and any other improvements in and about the Premises within the times and in the manners herein provided; or (iiiv) if Tenant shall fail fails to keep use, maintain, and perform operate the Premises as herein required, or abandon the property; or (v) default in the performance of or breach of any other covenant, condition condition, or agreement restriction of this Lease Agreement herein provided on the part of Tenant to be performedkept or performed by Lessee; then, and in such case, Landlord may serve upon Tenant City shall give written notice of such default; and if to remedy such default shall then continue without being wholly or breach. If the default or breach is remedied for a period of within thirty (30) days after the service of following such notice, or then this Lease Agreement shall continue in the event of a breach other than the payment of money, Tenant shall not have commenced the remedying of full force and effect. If such default or breach is not remedied within the thirty (30)-day period subsequent to written notice and shall not diligently prosecute compliance to final termination, then it shall and may be lawful for Landlord, without further 30) days following such notice, City may, at its option, terminate this Lease Agreement, and, in addition to declare said Term endedall of the remedies, and to City may re-enter and re-possess lease the Premises, and all improvements shall become the building sole property of City. Upon termination, all subleases, at the option of City, shall terminate. Such termination shall not waive any remedy available to either party because of such default or breach. Each term and improvements situated thereoncondition of this Lease Agreement shall be deemed to be both a covenant and a condition. Upon default or breach by Lessee, City may, in addition to all other remedies available in law or any part thereofequity, either with recover all damages proximately resulting from the breach or without process default, including, but not limited to, the cost of lawrecovering the Premises, attorneys' fees, and Tenant does in the total balance of lease payments due under this Lease Agreement for the remainder of the Lease Agreement term, which sum shall be immediately due City from Lessee. Appointments of a receiver to take possession of Lessee’s assets, Lessee’s general assignment for the benefit of creditors, Lessee’s insolvency, and Lessee’s taking or suffering action under the Bankruptcy Act are breaches of this Lease Agreement. Upon any such event, hereby waive any demand for possession City shall have the option to terminate this Lease Agreement or to require that Lessee provide additional security by means of the Premisesa cash security deposit, and any and all buildings and improvements then situated thereon, and Tenant covenants and agrees, upon the termination of the Term at the election of Landlordadvance rental payments, or in any such other way, action as City deems prudent to immediately surrender and deliver up protect the Premises and property peaceably to Landlord, or the agents or attorneys of Landlord, immediately upon the termination of the Term, and this Lease shall become void and of no further effect, and Landlord may hold and retain the Premises and all buildings and improvements thereon as of its first or former estate, subject to any mortgage executed pursuant to the terms hereof, and this Lease shall be forfeited to Landlord, and Landlord may bring suit for and collect all of the past-due rents, taxes and assessments. All costs (including attorneys’ fees) occasioned by default of Tenant shall be an expense of Tenant, and shall be due as rental hereunderpublic fisc.

Default or Breach. If Lessee (a) It is agreed fails to pay or cause to be paid any tax, assessment, insurance premium, lien, claim, charge, or demand herein provided to be paid or caused to be paid by Lessee at all times and between in the parties hereto thatmanner herein provided; or (ib) if Tenant shall fail to make any defaults in the payment of rents or taxes, assessments, insurance premiums, water rates, any installment of rent or any other sum when due and provided; or (c) fails to use, maintain, and operate the Premises as herein stipulated and agreed to be paid or kept, at the time same is required to be paid under the provisions of this Lease and such failure shall continue for a period of ten (10) days after Tenant receives from Landlord written notice of such delinquent paymentrequired, or abandon the property; or (iid) if Tenant shall fail to keep and perform defaults in the performance of or breach of any other covenant, condition condition, or agreement restriction of this Lease Agreement herein provided on the part of Tenant to be performedkept or performed by Lessee; then, and in such case, Landlord may serve upon Tenant then City shall give written notice of such default; and if to remedy such default shall then continue without being wholly or breach. If the default or breach is remedied for a period of within thirty (30) days after the service of following such notice, or then this Lease Agreement shall continue in the event of a breach other than the payment of money, Tenant shall not have commenced the remedying of full force and effect. If such default or breach is not remedied within the thirty (30)-day period subsequent to written notice and shall not diligently prosecute compliance to final termination30) days following such notice, then it shall and City may, at its option, terminate this Lease Agreement, and, in addition to all of the remedies, the City may be lawful for Landlord, without further notice, to declare said Term ended, and to re-enter and re-possess lease the Premises, and all improvements shall become the building sole property of City. Upon termination, all subleases, at the option of City, shall terminate. Such termination shall not be considered a waiver of damages or other remedies available to either party because of such default or breach. Each term and improvements situated thereoncondition of this Lease Agreement shall be deemed to be both a covenant and a condition. Upon default or breach by Lessee, City may, in addition to all other remedies available in law or any part thereofequity, either with recover all damages proximately resulting from the breach or without process default, including, but not limited to, the cost of lawrecovering the Premises, attorneys' fees and all costs or expenses of litigation and the total balance of lease payments due under this Lease Agreement for the remainder of the Lease Agreement term, which sum shall be immediately due City from Lessee. Appointment of a receiver to take possession of Xxxxxx's assets, Xxxxxx's general assignment for the benefit of creditors, Xxxxxx's insolvency, and Tenant does in Xxxxxx's taking or suffering action under the Bankruptcy Act are breaches of this Lease Agreement. Upon any such event, hereby waive any demand for possession City shall have the option to terminate this Lease Agreement or to require that Lessee provide additional security by means of the Premisesa cash security deposit, and any and all buildings and improvements then situated thereon, and Tenant covenants and agrees, upon the termination of the Term at the election of Landlordadvance rental payments, or in any such other way, action as City deems prudent to immediately surrender and deliver up protect the Premises and property peaceably to Landlord, or the agents or attorneys of Landlord, immediately upon the termination of the Term, and this Lease shall become void and of no further effect, and Landlord may hold and retain the Premises and all buildings and improvements thereon as of its first or former estate, subject to any mortgage executed pursuant to the terms hereof, and this Lease shall be forfeited to Landlord, and Landlord may bring suit for and collect all of the past-due rents, taxes and assessments. All costs (including attorneys’ fees) occasioned by default of Tenant shall be an expense of Tenant, and shall be due as rental hereunderpublic fisc.

Default or Breach. If Lessee (a) It is agreed fails to pay or to cause to be paid any tax, assessment, insurance premium, lien, claim, charge, or demand herein provided to be paid or caused to be paid by Lessee at all times and between in the parties hereto that; manner herein provided or (ib) if Tenant shall fail to make any defaults in the payment of rents or taxes, assessments, insurance premiums, water rates, any installment of rent or any other sum herein stipulated when due and agreed provided or (c) fails to be paid commence or keptto complete the construction, at the time same is required to be paid under the provisions of this Lease and such failure shall continue for a period of ten (10) days after Tenant receives from Landlord written notice of such delinquent paymentrepair, restoration, or replacement of the Hangar and any other improvements in and about the Premises within the times and in the manners herein provided or (iid) if Tenant shall fail fails to keep use, maintain, and perform operate the Premises as herein required, or abandons the Premises or (e) defaults in the performance of or breach of any other covenant, condition condition, or agreement restriction of this Lease Agreement herein provided on the part of Tenant to be performed; then, and in such case, Landlord kept or performed by Lessee then City may serve upon Tenant give written notice of such default; and if to remedy such default shall then continue without being wholly or breach. If the default or breach is remedied for a period of within thirty (30) days after the service of following such notice, or then this Lease Agreement shall continue in the event of a breach other than the payment of money, Tenant shall not have commenced the remedying of full force and effect. If such default or breach is not remedied within the thirty (30)-day period subsequent to written notice and shall not diligently prosecute compliance to final termination30) days following such notice, then it shall and City may, at its option, terminate this Lease Agreement, and, in addition to all of the remedies, City may be lawful for Landlord, without further notice, to declare said Term ended, and to re-enter and re-possess lease the Premises, and all improvements shall become the building sole property of City. Upon termination, all subleases, at the option of City, shall terminate. Such termination shall not waive any remedy available to either party because of such default or breach. Each term and improvements situated thereoncondition of this Lease Agreement shall be deemed to be both a covenant and a condition. Upon default or breach by Lessee, City may, in addition to all other remedies available in law or any part thereofequity, either with recover all damages proximately resulting from the breach or without process default, including, but not limited to, the cost of lawrecovering the Premises, reasonable attorney's fees, and Tenant does in the total balance of payments due under this Lease Agreement for the remainder of the Lease Agreement term, which sum shall be immediately due City from Lessee. Appointments of a receiver to take possession of Lessee’s assets, Lessee’s general assignment for the benefit of creditors, Lessee’s insolvency, and Lessee’s taking or suffering action under the Bankruptcy Act are breaches of this Lease Agreement. Upon any such event, hereby waive any demand for possession City shall have the option to terminate this Lease Agreement or to require Lessee provide additional security by means of the Premisesa cash security deposit, and any and all buildings and improvements then situated thereon, and Tenant covenants and agrees, upon the termination of the Term at the election of Landlordadvance rental payments, or in any such other way, action as City deems prudent to immediately surrender and deliver up protect the Premises and property peaceably to Landlord, or the agents or attorneys of Landlord, immediately upon the termination of the Term, and this Lease shall become void and of no further effect, and Landlord may hold and retain the Premises and all buildings and improvements thereon as of its first or former estate, subject to any mortgage executed pursuant to the terms hereof, and this Lease shall be forfeited to Landlord, and Landlord may bring suit for and collect all of the past-due rents, taxes and assessments. All costs (including attorneys’ fees) occasioned by default of Tenant shall be an expense of Tenant, and shall be due as rental hereunderpublic fisc.

Default or Breach. (a) It is agreed by and between In the parties hereto that; (i) if Tenant shall fail event of any failure of BUSINESS to make pay any payment of rents rental or taxes, assessments, insurance premiums, water ratesother sums when due hereunder, or BUSINESS default in performing any of the other sum herein stipulated and agreed terms, conditions or covenants of THIS AGREEMENT to be paid observed or keptperformed by BUSINESS, at the time same is required to be paid under the provisions of this Lease and such failure shall continue for a period of ten more than five (105) days after Tenant receives from Landlord written notice of such delinquent paymentdefault shall have been given to BUSINESS (or other length of time if specified herein to the contrary) or, if BUSINESS shall suffer THIS AGREEMENT to be taken under any writ of execution, then OWNER, besides other rights or remedies OWNER may have, shall have the immediate right to terminate THIS AGREEMENT, or (ii) if Tenant shall fail re-enter and attempt to keep and perform any other covenant, condition or agreement herein provided on the part of Tenant to be performed; thenre-let without terminating THIS AGREEMENT, and remove all persons and personal property from THE PREMISES, and such property may be removed and stored in such casea public warehouse or elsewhere at the cost of and for the account of BUSINESS, Landlord may serve upon Tenant written notice of such default; and if such default shall then continue all without being wholly remedied deemed guilty of trespass or becoming liable for a period of thirty (30) days after the service of such notice, any loss or in the event of a breach other than the payment of money, Tenant damage which may be occasioned thereby. OWNER shall not have commenced the remedying of be required to remove any property, personal or otherwise, whether such default within the thirty (30)-day period subsequent to written notice and shall not diligently prosecute compliance to final terminationproperty is OWNER’s or BUSINESS’s, then it shall and may be lawful for Landlordfrom THE PREMISES. If OWNER, without further noticeterminating THIS AGREEMENT, to declare said Term ended, and either: Elects to re-enter and attempts to re-possess let; or Takes possession pursuant to legal proceedings; or Takes possession pursuant to any notice provided by law, then OWNER may undertake such RENOVATION ACTIVITIES and/or NECESSARY REPAIRS as may be needed in order to re-let THE PREMISES or any part thereof for such term or terms (which may be for a term extending beyond the Premisesterm of THIS AGREEMENT) and at such rental or rentals and upon such other terms and conditions as OWNER in OWNER’s sole discretion may deem advisable. Upon such re-letting, all rentals received by OWNER from such re-letting shall be applied: First, to the payment of any indebtedness other than rent due hereunder from BUSINESS to OWNER, including but not limited to the costs, expenses and legal fees necessary to re-enter THE PREMISES; Second, to the payment of any costs and expenses of such re-letting, including but not limited to brokerage fees and attorney’s fees; Third, to the payment of rent due and unpaid hereunder; and Finally, the residue, if any, shall be held by OWNER and applied to payment of future rent as the same may be due and payable hereunder. If such rentals received from such re-letting during any month be less than that to be paid during that month by BUSINESS hereunder, BUSINESS shall pay any such deficiency to OWNER. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of THE PREMISES by OWNER shall be construed as an election on OWNER’s part to terminate THIS AGREEMENT unless a notice of such intention be given to BUSINESS or unless the termination thereof be decreed by a Court of competent jurisdiction. Notwithstanding any such re-letting without termination, OWNER may at any time thereafter elect to terminate THIS AGREEMENT for such previous breach. Should OWNER at any time terminate THIS AGREEMENT for any breach, in addition to any other remedies OWNER may have, OWNER may recover from BUSINESS all damages OWNER may incur by reasons of such breach, including the cost of recovering THE PREMISES, reasonable attorney’s fees, including the worth, at the time of such termination, of the excess, if any, of the amount of rent and charges equivalent to rent reserved in THIS AGREEMENT for the remainder of the stated term over the then-reasonable rental value of THE PREMISES for the remainder of the stated term, all of which amounts shall be immediately due and payable from BUSINESS to OWNER. In addition to any other remedies OWNER may have at law or equity and/or under THIS AGREEMENT, BUSINESS shall pay upon demand all of OWNER’s legally allowable costs, charges and expenses, including reasonable legal fees, fees of agents and others retained by OWNER, incurred in connection with the recovery of sums due under THIS AGREEMENT, whether any suit be filed or not, or because of the breach of any covenant under THIS AGREEMENT, or for any other relief against BUSINESS. In the event either party shall bring any action against the other party for relief hereunder, the unsuccessful party shall pay the other party’s reasonable attorney’s fees and all Court costs. If BUSINESS shall become bankrupt or file any debtor proceedings, or take or have taken against BUSINESS, in any Court pursuant to any statute either of the United States or of any state, a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of BUSINESS’s property, or, if BUSINESS makes an assignment for the benefit of creditors or petitions for or enters into an arrangement, then and in that event THIS AGREEMENT shall, at the option of OWNER, be canceled and terminated, and any party claiming on behalf of BUSINESS shall not have any rights whatsoever under THIS AGREEMENT. No waiver of any covenant or condition or of the breach of any covenant or condition of THIS AGREEMENT shall be taken to constitute a waiver of any subsequent breach of such covenant or condition nor to justify or authorize the non-observance of any other occasion of the same or of any other covenant or condition hereof, nor shall the acceptance of rent by OWNER, at any time when BUSINESS is in default under such covenant or condition hereof, be construed as a waiver of such default or of OWNER’s right to terminate THIS AGREEMENT on account of such default, nor shall any waiver or indulgence granted by OWNER to BUSINESS be taken as an estoppel against OWNER, it being expressly understood that if, at any time BUSINESS shall be in default in any of its covenants or conditions hereunder, an acceptance by OWNER of rental during the continuance of such default or the failure on the part of OWNER promptly to avail itself of such other rights or remedies as OWNER may have, shall not be construed as a waiver of such default, but OWNER may at any time thereafter, if such default continues, terminate THIS AGREEMENT on account of such default. The rights and remedies given to OWNER by THIS AGREEMENT shall be deemed to be cumulative, and no one of such rights and remedies shall be exclusive at law or in equity of the rights and remedies which OWNER might otherwise have by virtue of a default under THIS AGREEMENT, and the building exercise of one such right or remedy by OWNER shall not impair OWNER’s standing to exercise any other right or remedy. SECTION TWELVE: DESTRUCTION OF THE PREMISES If THE PREMISES should be destroyed by fire, earthquake, Act of God or the elements during the term hereof, or damage to such an extent that THE PREMISES cannot be repaired within one hundred twenty (120) working days, THIS AGREEMENT, at the BUSINESS’s option shall terminate, and improvements situated thereonany prepaid, unearned rental shall be refunded to BUSINESS. If during the first twenty (20) days after such damage or destruction the BUSINESS agrees to continue as a tenant, THIS AGREEMENT shall remain in full force and effect, and OWNER shall, with all reasonable dispatch, proceed to replace THE PREMISES with a premises similar in character, and the rental shall xxxxx for such length of time during the period of replacement that BUSINESS is deprived of the occupation or enjoyment of THE PREMISES. If, however, THE PREMISES are only partially destroyed by any of the above causes and the damage thereto can be repaired within the one hundred twenty (120) working day period, OWNER shall, at OWNER’s option, with all reasonable dispatch, proceed to repair THE PREMISES and place THE PREMISES in substantially the same condition as THE PREMISES were prior to the damage, and BUSINESS shall pay rent to OWNER for the damaged PREMISES should they be fit for occupancy during the time of repair. If THE PREMISES are not fit for occupancy during the time of repair, then the rent shall xxxxx during such time period. In the event that OWNER and BUSINESS cannot agree as to whether THE PREMISES or a portion thereof are fit for occupancy, an independent third party, as agreed upon by OWNER and BUSINESS, shall make the said determination. OWNER shall not be responsible for any claim, cause of action, damage, cost or expenses in the event BUSINESS’s business is interrupted, in any manner, if THE PREMISES are damaged or destroyed by fire, earthquake, act of God or the elements, or any part thereof, either with or without process of law, and Tenant does in such event, hereby waive any demand for possession of the Premises, and any and all buildings and improvements then situated thereon, and Tenant covenants and agrees, upon the termination of the Term at the election of Landlord, or in any other way, to immediately surrender and deliver up the Premises and property peaceably to Landlord, or the agents or attorneys of Landlord, immediately upon the termination of the Term, and this Lease shall become void and of no further effect, and Landlord may hold and retain the Premises and all buildings and improvements thereon as of its first or former estate, subject to any mortgage executed pursuant to the terms hereof, and this Lease shall be forfeited to Landlord, and Landlord may bring suit for and collect all of the past-due rents, taxes and assessments. All costs (including attorneys’ fees) occasioned by default of Tenant shall be an expense of Tenant, and shall be due as rental hereundercause.

Default or Breach. The Letter of Credit shall be maintained in effect from the date hereof through the date which is one hundred twenty (a) It is agreed by and between the parties hereto that; (i) if Tenant shall fail to make any payment of rents or taxes, assessments, insurance premiums, water rates, or any other sum herein stipulated and agreed to be paid or kept, at the time same is required to be paid under the provisions of this Lease and such failure shall continue for a period of ten (10) days after Tenant receives from Landlord written notice of such delinquent payment, or (ii) if Tenant shall fail to keep and perform any other covenant, condition or agreement herein provided on the part of Tenant to be performed; then, and in such case, Landlord may serve upon Tenant written notice of such default; and if such default shall then continue without being wholly remedied for a period of thirty (30120) days after the service of such noticeExpiration Date, or in the event of a breach other than the payment of money, Tenant shall not have commenced the remedying of such default within the thirty (30)-day period subsequent to written notice and shall not diligently prosecute compliance to final termination, then it shall and may be lawful for Landlord, without further notice, to declare said Term ended, and to re-enter and re-possess the Premises, and the building and improvements situated thereon, or any part thereof, either with or without process of law, and Tenant does in such event, hereby waive any demand for possession provided that upon Sublessee's surrender of the Premises, and any and all buildings and improvements then situated thereon, and Tenant covenants and agrees, upon the termination of the Term Premises at the election of Landlord, or in any other way, to immediately surrender and deliver up the Premises and property peaceably to Landlord, or the agents or attorneys of Landlord, immediately upon the termination expiration of the Term, Sublessor and this Lease Sublessee shall become void and of no further effectendeavor to determine as soon as practicable any amounts owing by Sublessee, and Landlord within five (5) Business Days after payment of such amount and Sublessee's fulfillment of any other obligations to Sublessor, Sublessor shall return to Sublessee the Letter of Credit and any Letter of Credit Proceeds then held by Sublessor (other than those held for application by Sublessor as provided below). Sublessor shall not be required to segregate the Letter of Credit Proceeds from its other funds, and in no event shall Letter of Credit Proceeds or any portion thereof be deemed to be held in trust for Sublessee. No interest shall accrue or be payable to Sublessee with respect to the Letter of Credit Proceeds. Sublessor may hold (but shall not be required to) draw upon the Letter of Credit and retain use the Premises and all buildings and improvements thereon proceeds therefrom (the "Letter of Credit Proceeds") or any portion thereof to cure any Default or Breach under this Sublease or to compensate Sublessor for any damage Sublessor incurs as a result of Sublessee's failure to perform any of its first obligations hereunder, it being understood that any use of the Letter of Credit Proceeds shall not constitute a bar or former estate, subject defense to any mortgage executed pursuant of Sublessor's remedies set forth herein. In such event and upon written notice from Sublessor to Sublessee specifying the terms hereofamount of the Letter of Credit Proceeds so utilized by Sublessor and the particular purpose for which such amount was applied, and Sublessee shall immediately deliver to Sublessor an amendment letter of Credit or a replacement Letter of Credit in an amount equal to one hundred percent (100%) of the amount specified below. Sublessee's failure to deliver such replacement Letter of Credit to Sublessor within five (5) business days of Lessor's notice shall constitute a Breach hereunder. If Sublessee is not in default at the expiration or termination of this Lease Sublease, within one hundred twenty (120) days after such expiration or termination, or such earlier date as provided above, Sublessor shall return to Sublessee the Letter of Credit or the balance of the Letter of Credit Proceeds then held by Sublessor; provided, however, that in no event shall any such return be forfeited to Landlord, and Landlord may bring suit for and collect construed as an admission by Sublessor that Sublessee has performed all of its obligations hereunder. Under no circumstances shall Sublessor be required to return the past-due rents, taxes Letter of Credit or Letter of Credit proceeds before receiving written acknowledgment by Lessor that Sublessor has fulfilled all of its Sublessor's obligations and assessments. All costs (including attorneys’ fees) occasioned by default of Tenant shall be an expense of Tenant, and shall be due as rental hereunderis completely released from liability under the Lease.