Common use of Defaults Remedies Clause in Contracts

Defaults Remedies. The occurrence of any one or more of the following events shall constitute an event of default under this Lease: (i) if Tenant shall fail to timely pay any Rent or any other sum required to be paid by Tenant under this Lease when due and such failure shall continue for more than five (5) days following written notice from Landlord, provided, however, if Landlord provides two (2) notices of such failure within a twelve (12) month period, any subsequent failure to pay Rent when due within such 12 month period shall constitute a default without any obligation of Landlord to provide written notice to Tenant; or (ii) with respect to the performance of or compliance with any of the terms, covenants, conditions or provisions of this Lease, (other than the payment of Rent and Additional Rent) shall not cure such failure or refusal within ten (10) days after the date of written notice thereof from Landlord to Tenant; or (iii) if Tenant shall be adjudicated as bankrupt or shall make an assignment for the benefit of creditors or shall file a xxxx in equity or otherwise initiate proceedings for the appointment of a receiver of Tenant's assets, or shall file any proceedings in bankruptcy or for reorganization or an arrangement under any federal or state law, or if any proceedings in bankruptcy or for the appointment of a receiver shall be instituted by any creditor of Tenant under any state or federal law, and not dismissed within 60 days or if Tenant is levied upon or sold by sheriff's or xxxxxxxx'x or constable's sale or other legal process; or (iv) if Tenant attempts to remove its property from the Demised Premises other than in the ordinary course of business, the occurrence of any such event to constitute an event of default and a breach under this Lease, and after having provided Tenant with ten (10) days written notice; then and in addition to any other rights or remedies Landlord may have under this Lease and at law and in equity, Landlord shall have the following rights:

Defaults Remedies. The (A) Lessee shall be deemed to be in default hereunder upon the occurrence of any of the following events (“Events of Default”): (1) Lessee shall fail to make any payment due hereunder within ten (10) days after its due date; (2) Lessee shall fail to perform or observe any other term, covenant, or condition of this Agreement; (3) Lessee shall have abandoned the Equipment; (4) any representation or warranty of Lessee shall have been untrue in any material respect when made, or any information submitted by Lessee to Lessor shall be false or misleading in any material respect; or (5) Lessee shall have defaulted under any other agreement with Lessor. (B) Upon the occurrence of an Event of Default, Lessor may declare this Agreement to be in Default, and thereafter may exercise any one or more of the following events shall constitute an event of default remedies: (1) Declare the rent for the Term and all other unpaid rent, fees, taxes and charges under this Lease: (i) if Tenant shall fail to timely pay any Rent or any other sum required to be paid by Tenant under this Lease when Agreement immediately due and payable; (2) Repossess, retake and/or retain any or all of the Equipment free of all rights and claims of Lessee without notice, without legal process, or judicial intervention, and without releasing Lessee of any term, covenant or condition provided herein; (3) Sell or otherwise dispose of any or all of the Equipment, whether or not in Lessor’s possession, in a commercially reasonable manner and apply the net proceeds of such failure shall continue disposition, after deducting all costs, to the obligations of Lessee, with Lessee remaining liable for more than five any deficiency; (4) Terminate this Agreement; and/or (5) days following written notice Exercise any other right or remedy available to Lessor at law or in equity. Lessor’s waiver of any Event of Default shall not constitute a waiver of any other Event of Default or a waiver of any term or condition of this Agreement. Lessee shall pay all Lessor’s legal fees and all other costs and expenses incurred by reason of any Event of Default. No right or remedy referred to herein is intended to be exclusive, and each may be exercised concurrently or separately and from Landlordtime to time. In the event Lessor shall repossess or retake the Equipment, providedand there shall be in or attached to such Equipment any property owned by, howeveror in the custody or control of Lessee, then Lessor is hereby authorized to take possession of such property for a period of ten (10) days. Thereafter, if Landlord provides two (2) notices of any such failure within a twelve (12) month period, any subsequent failure to pay Rent when due within such 12 month period shall constitute a default without any obligation of Landlord to provide written notice to Tenant; or (ii) with respect to the performance of or compliance with any of the terms, covenants, conditions or provisions of this Lease, (other than the payment of Rent property is not claimed and Additional Rent) shall not cure such failure or refusal taken by Lessee within ten (10) days after Lessor repossesses or retakes the date of written notice thereof from Landlord to Tenant; or (iii) if Tenant shall Equipment, such property will be adjudicated as bankrupt or shall make an assignment for the benefit of creditors or shall file a xxxx in equity or otherwise initiate proceedings for the appointment of a receiver of Tenant's assets, or shall file any proceedings in bankruptcy or for reorganization or an arrangement under any federal or state law, or if any proceedings in bankruptcy or for the appointment of a receiver shall be instituted deemed abandoned by any creditor of Tenant under any state or federal lawLessee, and not dismissed within 60 days or if Tenant is levied upon or sold by sheriff's or xxxxxxxx'x or constable's sale or other legal process; or (iv) if Tenant attempts to remove its property from the Demised Premises other than in the ordinary course of business, the occurrence of any such event to constitute an event of default and a breach under this Lease, and after having provided Tenant with ten (10) days written notice; then and in addition to any other rights or remedies Landlord may have under this Lease and at law and in equity, Landlord Lessor shall have the following rights:right to dispose of it. (C) Xxxxxx and Lessor waive all right to trial by jury of all claims, defenses, counterclaims and suits of any kind arising from or relating to this Agreement.

Defaults Remedies. The occurrence Upon the happening of any one or more of the following events shall constitute an event of default under this Leaseor conditions (each, a “default”), namely: (ia) if Tenant breach of any payment obligation, or other covenant or liability contained or referred to herein or in any contract, instrument, document or agreement evidencing any Secured Obligation, including, without limitation, an Event of Default under the Note; (b) any representation or warranty of Debtor in this Agreement proving false, misleading or erroneous in any material respect; (c) loss, theft, material damage, destruction, or encumbrance of or to the Collateral, or the making of any levy thereon or seizure or attachment thereof by legal process; (d) an attachment or execution or similar lien shall fail to timely pay be levied against any Rent Collateral; (e) merger, consolidation, sale of all or any other sum required to be paid by Tenant under this Lease when due and such failure shall continue for more than five (5) days following written notice from Landlord, provided, however, if Landlord provides two (2) notices substantially all of such failure within a twelve (12) month period, any subsequent failure to pay Rent when due within such 12 month period shall constitute a default without any obligation the assets of Landlord to provide written notice to TenantDebtor; or (iif) with respect to the performance death, dissolution, termination of or compliance with existence, insolvency, business failure, appointment of a receiver of any part of the termsproperty of, covenants, conditions or provisions of this Lease, (other than the payment of Rent and Additional Rent) shall not cure such failure or refusal within ten (10) days after the date of written notice thereof from Landlord to Tenant; or (iii) if Tenant shall be adjudicated as bankrupt or shall make an assignment for the benefit of creditors or shall file a xxxx in equity or otherwise initiate proceedings for the appointment of a receiver of Tenant's assetsby, or shall file the commencement of any proceedings in proceeding under any bankruptcy or for reorganization insolvency laws by or an arrangement under any federal or state lawagainst Debtor, or if any proceedings in bankruptcy indorser, guarantor or surety of or for the appointment of a receiver shall be instituted by any creditor of Tenant under any state or federal lawSecured Obligation; thereupon, and not dismissed within 60 days or if Tenant as long as such default continues, Secured Party shall then have in any jurisdiction where enforcement hereof is levied upon or sold by sheriff's or xxxxxxxx'x or constable's sale or other legal process; or (iv) if Tenant attempts to remove its property from the Demised Premises other than in the ordinary course of businesssought, the occurrence of any such event to constitute an event of default and a breach under this Lease, and after having provided Tenant with ten (10) days written notice; then and in addition to any all other rights and remedies, the rights and remedies of a secured party under the UCC or remedies Landlord other applicable law, including without limitation, the right to take immediate possession of the Collateral without legal process, and for that purpose Secured Party may, so far as Debtor can give authority therefor, enter upon any premises on which the Collateral, or any part thereof, may have under this Lease be situated, and remove the same therefrom. Debtor will upon demand assemble the Collateral and make the Collateral available to Secured Party at law a place and time designated by Secured Party which is reasonably convenient to both parties. No failure to exercise and no delay in equityexercising, Landlord on the part of Secured Party, any right or remedy accruing upon any default shall: (i) impair any right or remedy, (ii) waive or operate as an acquiescence to any default, or (iii) affect any subsequent default of the same or of a different nature. In the event the proceeds of any sale, collection or realization of the Collateral are insufficient to satisfy the Secured Obligations in full, Debtor shall have remain liable for the following rights:deficiency, including any interest thereon, together with any costs incurred by Secured Party in collecting such deficiency.

Defaults Remedies. The occurrence If Lessee shall (a) default in the payment of any one rent, monies, or more of the following events shall constitute an event of default under this Lease: (i) if Tenant shall fail to timely pay any Rent or any other sum charges required to be paid by Tenant under this Lease when due or caused to be paid to Lessor and such failure default shall continue for more than five (5) days following written notice from Landlord, provided, however, if Landlord provides two (2) notices of such failure within a twelve (12) month period, any subsequent failure to pay Rent when due within such 12 month period shall constitute a default without any obligation of Landlord to provide written notice to Tenant; or (ii) with respect to the performance of or compliance with any of the terms, covenants, conditions or provisions of this Lease, (other than the payment of Rent and Additional Rent) shall not cure such failure or refusal within ten (10) days after the date of written notice thereof from Landlord Lessor that such payments are due and payable, (b) default in the observance and/or performance of any of the other terms, obligations or conditions this Lease and any such default shall continue for more than thirty (30) days after Lessor has given Lessee written notice of such default; provided, however, there shall be no such default if Lessee has, within such thirty (30) day period, commenced to Tenant; cure such default and shall thereafter diligently pursue such cure, or (iiic) if Tenant there shall be adjudicated as bankrupt any execution or other judicial levy upon the leasehold estate hereunder and the same shall make an not be removed within one hundred twenty (120) days, (d) there shall be any assignment of said leasehold estate for the direct or indirect benefit of creditors or of Lessee, (e) there shall file be executed any agreement whereby Lessee loses control of its business to a xxxx in equity or otherwise initiate proceedings for the committee of its creditors, (f) there shall be judicial appointment of a receiver or similar officer to take possession of Tenant's assets, said leasehold estate or shall file any proceedings in bankruptcy the Premises and such receiver or for reorganization or an arrangement under any federal or state law, or if any proceedings in bankruptcy or for the appointment of a receiver shall be instituted by any creditor of Tenant under any state or federal law, and other officer is not dismissed within 60 ninety (90) days or if Tenant is levied upon or sold by sheriff's or xxxxxxxx'x or constable's sale or other legal process; after appointment, or (ivg) if Tenant attempts to there shall be a filing of any petition by, for or against Lessee under any chapter of the Federal Bankruptcy Act which is not dismissed within ninety (90) days after filing, Lessor may, at any time thereafter, and without demand or notice, enter into and upon the Premises or any part thereof in the name of the whole and repossess the same as of Lessor's former estate, and expel Lessee and those claiming through or under Lessee and remove its property from or their effects (forcibly, if necessary) without being guilty in any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of Rent or preceding breach of covenant, and upon entry as aforesaid, Lessee shall have the Demised Premises other than in right by notice to Lessee of Lessor's desire so to do, forthwith to terminate this Lease. In the ordinary course of business, the occurrence event of any such event termination, Lessee will indemnify Lessor on a monthly basis against all loss of Rent and other payments provided herein to constitute an event be paid by Lessee to Lessor between the time of default termination and a breach under the expiration of the Term of this Lease. It is understood and agreed that (a) at the time of the termination or at any time thereafter, Lessor may rent the Premises for a term which may expire after the expiration of the Term of this Lease without releasing Lessee from any liability whatsoever, (b) Lessee shall be liable for any reasonable expenses incurred by Lessor in connection with obtaining possession of the Premises and in connection with any reletting, including, but without limitation, reasonable attorneys' fees and reasonable brokers' fees, and after having provided Tenant with ten (10c) days written notice; any monies collected from reletting shall be applied first to the foregoing expenses and then and in addition to any other rights or remedies Landlord may have under this Lease and at law and in equity, Landlord shall have the following rights:payment of Rent.

Defaults Remedies. The occurrence 9.01 If, (a) Tenant shall default in the performance of any one or more such of the following events shall constitute an event of default its monetary obligations under this Lease: , and if such default shall continue for ten (10) days after written notice from Landlord to Tenant (provided that Landlord shall not be required to give such notice more than twice during the Term, the third such non-payment constituting an Event of Default without the requirement of notice) or (b) if within thirty (30) business days after written notice from Landlord to Tenant specifying another default or defaults, Tenant has not commenced diligently to correct such default or has not thereafter diligently pursued such correction to completion, or (c) if any assignment shall be made by Tenant for the benefit of creditors, or if a petition is filed by or against Tenant under any provision of the Bankruptcy Code and, in the case of involuntary petition, such petition is not dismissed with ninety (90) days, or (d) if the Tenant's leasehold interest shall be taken on execution or by other process of law, attached or subjected to any other involuntary encumbrances, then and in any such cases Landlord and its agents and servants may lawfully, immediately or at any time thereafter, and without further notice or demand, and without prejudice to any other remedies available to Landlord for arrearages of rent or otherwise, either (i) if Tenant shall fail to timely pay any Rent enter into and upon the Premises or any other sum required part thereof, in the name of the whole, and repossess the same as of Landlord's former estate or (ii) mail a notice of termination addressed to Tenant and upon such entry or mailing this Lease shall terminate. In the event that this Lease is terminated under any of the foregoing provisions, or otherwise for breach of Tenant's obligations hereunder, then at Landlord's option, Tenant covenants to pay forthwith to Landlord as compensation the total rent and additional rent reserved for the residue of the Term, and pay on demand all Landlord's costs and expenses, including reasonable attorney's fees, incurred by Landlord in enforcing any obligation of tenant under this Lease, or in connection with any request by Tenant for Landlord's consent or approval under this Lease. In calculating the amounts to be paid by Tenant under the foregoing covenants, Tenant shall be credited with any amount actually paid to Landlord as compensation as herein before provided and also with any additional rent actually obtained by Landlord by reletting the Premises, after deducting the expenses of collecting the same. And Tenant further covenants, as an alternative obligation, at Landlord's election, after any such termination or entry, to pay punctually to Landlord all the sums and perform all the obligations which Tenant covenants in this Lease when due to pay and such failure shall continue for more than five (5) days following written notice from Landlord, providedto perform in the same manner and to the same extent and at the same times as if this Lease had not been terminated. Nothing herein contained shall, however, if Landlord provides two (2) notices of such failure within a twelve (12) month period, any subsequent failure to pay Rent when due within such 12 month period shall constitute a default without any obligation limit or prejudice the right of Landlord to provide written notice to Tenant; obtain in proceedings for bankruptcy insolvency or (ii) reorganization or arrangement with respect creditors as liquidated damages by reason of such dtermination an amount equal to the performance maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved, whether or compliance with any of the termsnot such amount be greater than, covenantsequal to, conditions or provisions of this Lease, (other less than the payment of Rent and Additional Rent) shall not cure such failure or refusal within ten (10) days after the date of written notice thereof from Landlord amounts referred to Tenant; or (iii) if Tenant shall be adjudicated as bankrupt or shall make an assignment for the benefit of creditors or shall file a xxxx in equity or otherwise initiate proceedings for the appointment of a receiver of Tenant's assets, or shall file any proceedings in bankruptcy or for reorganization or an arrangement under any federal or state law, or if any proceedings in bankruptcy or for the appointment of a receiver shall be instituted by any creditor of Tenant under any state or federal law, and not dismissed within 60 days or if Tenant is levied upon or sold by sheriff's or xxxxxxxx'x or constable's sale or other legal process; or (iv) if Tenant attempts to remove its property from the Demised Premises other than in the ordinary course of business, the occurrence of any such event to constitute an event of default and a breach under this Lease, and after having provided Tenant with ten (10) days written notice; then and in addition to any other rights or remedies Landlord may have under this Lease and at law and in equity, Landlord shall have the following rights:above.

Defaults Remedies. 1 9 .1 by Tenant: Events of Default. The occurrence of any one or more of the following events shall constitute an event a default of default under this Lease: Lease (ia) if Any failure by Tenant shall fail to timely pay any Rent or any other sum charge required to be paid by Tenant under this Lease Lease, or any part thereof, when due and unless such failure shall continue for more than is cured within five (5) days following after Tenant's receipt of written notice from Landlord, thereof; provided, however, if Landlord provides two (2) notices the such notice shall be in addition to and not in lieu of such failure within a twelve (12) month period, any subsequent failure to pay Rent when due within such 12 month period shall constitute a default without any obligation notice required under Section 1161 of Landlord to provide written notice to Tenantthe California Code of Civil Procedure; or (iib) with respect to the Except where a specific time period is otherwise set forth for Tena11t's performance of or compliance with any of the terms, covenants, conditions or provisions of in this Lease, in which event the failure to perfor1n by Tenant within such time period shall be a default by Tenant under this Section 19 .1 (b ), any failure by Tenant to observe or perform any other than the payment provision, covenant or conditio11 of Rent and Additional Rent) shall not cure this Lease to be observed or perfor1ned by Tenant where such failure or refusal within ten continues for thirty (1030) days after the date of written notice thereof from Landlord to TenantTenant (such notice shall be in addition to and not in lieu of any notice required under Section 1161 of the California Code of Civil Procedure); provided that if the nature of such default is such that the same cannot reasonably be cured within a thirty (30) day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure such default; or (iiic) if To the extent permitted by law, a general assignment by Tenant shall be adjudicated as bankrupt or shall make an assignment any guarantor of the Lease for the benefit of creditors creditors, or shall file the taking of any corporate action in furtherance of bankruptcy or dissolution whether or not there exists any proceeding under an insolvency or bankruptcy law, or the filing by or against Tenant or any guarantor of any proceeding under an insolvency or bankruptcy law, unless in the case of a xxxx in equity proceeding filed against Tenant or otherwise initiate proceedings for any guarantor the same is dismissed within sixty (60) days, or the appointment of a trustee or receiver to take possession of all or substantially all of the assets of Tenant or any guarantor, unless possession is restored to Tenant or such guarantor within thirty (30) days, or any execution or other judicially authorized seizm·e of all or substantially all of Tenant's assets, assets located upon the Premises or shall file any proceedings of Tenant's interest in bankruptcy or for reorganization or an arrangement under any federal or state law, or if any proceedings in bankruptcy or for the appointment of a receiver shall be instituted by any creditor of Tenant under any state or federal law, and not dismissed within 60 days or if Tenant is levied upon or sold by sheriff's or xxxxxxxx'x or constable's sale or other legal process; or (iv) if Tenant attempts to remove its property from the Demised Premises other than in the ordinary course of business, the occurrence of any such event to constitute an event of default and a breach under this Lease, and after having provided Tenant with ten unless such seizure is discharged within thirty (1030) days written noticedays; then and in addition to any other rights or remedies Landlord may have under this Lease and at law and in equity, Landlord shall have the following rights:or

Defaults Remedies. The occurrence of any (a) If one or more of the following events (“Tenant Defaults”) shall constitute an event of default under this Leasehappen and be continuing: (i) if Tenant shall fail fails to timely pay any make payments of the Rent or any other sum required sums to be paid hereunder by Tenant under this Lease when due Tenant, and such failure shall continue continues for more than five ten (510) business days following after written notice thereof from Landlord, providedLandlord (subject, however, if Landlord provides two (2) notices of such failure within a twelve (12) month period, any subsequent failure to pay Rent when due within such 12 month period shall constitute a default without any obligation of Landlord to provide written notice to Tenant’s right to contest Real Estate Taxes); or (ii) with respect other than for reasons beyond the reasonable control of Tenant or matters of force majeure. Tenant fails to obtain a certificate of occupancy and open for business from the performance Leased Premises by December 31, 2017, or, if after opening, Tenant closes its business operations from the Leased Premises for a period of or compliance with any of the terms, covenants, conditions or provisions of this Lease, sixty (60) consecutive days (other than for reasons beyond the payment reasonable control of Rent and Additional Rent) shall not cure such failure Tenant, matters of force majeure, temporary closures for repair, restoration or refusal within ten (10) days after the date of written notice thereof from Landlord remodeling, or unless closed due to Tenant; ’s compliance with applicable laws): or (iii) if Tenant shall be adjudicated as bankrupt or shall make an assignment for the benefit of creditors or shall file a xxxx in equity or otherwise initiate proceedings for the appointment of a receiver of Tenant's assets, or shall file any proceedings in bankruptcy or for reorganization or an arrangement under any federal or state law, or if any proceedings in bankruptcy or for the appointment of a receiver shall be instituted by any creditor of Tenant under any state or federal law, and not dismissed within 60 days or if Tenant is levied upon in default under the Use Agreement (as hereinafter defined in Section 28 hereof) beyond the expiration of any cure or sold by sheriff's or xxxxxxxx'x or constable's sale or other legal processgrace period therein provided; or (iv) if Tenant attempts fails to remove its property from the Demised Premises perform or observe any other than in the ordinary course of business, the occurrence of any such event covenant or condition to constitute an event of default and a breach be performed or complied with by Tenant under this Lease, and such failure continues for thirty (30) days after having written notice thereof by Landlord to Tenant or such longer period as is reasonably necessary to cure such default, provided Tenant is diligently proceeding with ten (10) days written noticesuch cure; then then, and in addition to any other rights or remedies Landlord may have under this Lease and at law and in equityeither of such events, Landlord shall have the following rights:right, at its option, then or at any time thereafter while such Tenant Default shall continue, to terminate this Lease by written notice to Tenant.

Defaults Remedies. The occurrence of (a) It will be a Default under this Agreement if any one or more of the following events shall constitute an event occurs with respect to Client or, if there is more than one Client, any one of default under this Leasethem: (i) if Tenant shall fail Client fais to timely pay any Rent or any amount due hereunder (other sum required than interest that is to be paid by Tenant under this Lease when due and such failure shall continue for more than five (5added to principal pursuant to Section 3(e) days following written notice from Landlord, provided, however, if Landlord provides two (2) notices of such failure within a twelve (12) month period, any subsequent failure to pay Rent when due within such 12 month period shall constitute a default without any obligation of Landlord to provide written notice to Tenanthereof); or (ii) with respect Client fails to the performance of or compliance with any of the terms, covenants, conditions or provisions of this Lease, (other than the payment of Rent and Additional Rent) shall not cure such failure or refusal within ten (10) days after the date of written notice thereof from Landlord to Tenantmaintain sufficient collateral in a Collateral Account; or (iii) Client breaches or fails to perform any other covenant, agreement, term or condition that is applicable to it under this Agreement, or any representation or other statement of Client herein or in any other document delivered in connection herewith shall prove to have been incorrect in any material respect when made or deemed made; (iv) Client dies or, if Tenant shall be adjudicated as bankrupt not an individual, ceases to exist; (v) any voluntary or shall make involuntary proceeding for bankruptcy, reorganization, dissolution or liquidation or similar action of Client or of its usual businesses is commenced, or a trustee in bankruptcy, receiver, conservator or rehabilitator is appointed, or an assignment for the benefit of creditors is made, with respect to Client or its property, (vi) a Collateral Account is terminated, attached or subjected to a levy; (vii) Client shall file a xxxx fail to provide promptly such financial and other information as UBSCC may reasonably request from time to time; (viii) any indebtedness of Client in equity respect of borrowed money (including indebtedness guaranteed by Client) or otherwise initiate proceedings for the appointment in respect of a receiver any swap, forward, cap, floor, collar, option or other derivative transaction, repurchase or similar transaction or any combination of Tenant's assetsthese transactions shall not have been paid when due, or any event or condition shall have caused such indebtedness to become, or shall file have permitted the holder hereof to declare such indebtedness to be, due and payable prior to its stated maturity; (ix) any proceedings legal proceeding shall have been instituted or any other event shall have occurred or condition shall exist that in bankruptcy UBSCC’s judgment calls into question the validity or for reorganization binding effect of this Agreement or an arrangement under any federal or state law, or if any proceedings in bankruptcy or for the appointment of a receiver shall be instituted by any creditor of Tenant under any state or federal law, and not dismissed within 60 days or if Tenant is levied upon or sold by sheriffClient's or xxxxxxxx'x or constable's sale or other legal processobligations hereunder; or (ivx) if Tenant attempts UBSCC determines that the financial condition of Client or Clients' ability to remove perform its property from the Demised Premises other than in the ordinary course of business, the occurrence of any such event to constitute an event of default and a breach under this Lease, and after having provided Tenant with ten (10) days written notice; then and in addition to any other rights or remedies Landlord may have under this Lease and at law and in equity, Landlord shall have the following rights:obligations hereunder has been impaired.

Defaults Remedies. The (A) Lessee shall be deemed to be in default hereunder upon the occurrence of any of the following events (‘Events of Default’): (1) Lessee shall fail to make any payment due hereunder within ten (10) days after its due date; (2) Lessee shall fail to perform or observe any other term, covenant, or condition of this Agreement; (3) Lessee shall have abandoned the Equipment; (4) any representation or warranty of Lessee shall have been untrue in any material respect when made, or any information submitted by Lessee to Lessor shall be false or misleading in any material respect; or (5) Lessee shall have defaulted under any other agreement with Lessor. (B) Upon the occurrence of an Event of Default, Lessor may declare this Agreement to be in Default, and thereafter may exercise any one or more of the following events shall constitute an event of default remedies: (1) declare the rent for the Term and all other unpaid rent, fees, taxes and charges under this LeaseAgreement immediately due and payable; (2) Repossess, retake and/or retain any or all of the Equipment free of all rights and claims of Lessee without notice, without legal process, or judicial intervention, and without releasing Lessee of any term, covenant or condition provided herein: (i3) if Tenant shall fail Sell or otherwise dispose of any or all of the Equipment, whether or not in Lessor’s possession, in a commercially reasonable manner and apply the net proceeds of such disposition, after deducting all costs, to timely pay the obligations of Lessee, with Lessee remaining liable for any Rent or any other sum required to be paid by Tenant under deficiency; (4) Terminate this Lease when due and such failure shall continue for more than five Agreement; and/or (5) days following written notice Exercise any other right or remedy available to Lessor at law or in equity. Lessor’s waiver of any Event of Default shall not constitute a waiver of any other Event of Default or a waiver of any term or condition of this Agreement. Lessee shall pay all Lessor’s legal fees and all other costs and expenses incurred by reason of any Event of Default. No right or remedy referred to herein is intended to be exclusive, and each may be exercised concurrently or separately and from Landlordtime to time. In the event Lessor shall repossess or retake the Equipment, providedand there shall be in or attached to such Equipment any property owned by, howeveror in the custody or control of Lessee, then Lessor is hereby authorized to take possession of such property for a period of ten (10) days. Thereafter, if Landlord provides two (2) notices of any such failure within a twelve (12) month period, any subsequent failure to pay Rent when due within such 12 month period shall constitute a default without any obligation of Landlord to provide written notice to Tenant; or (ii) with respect to the performance of or compliance with any of the terms, covenants, conditions or provisions of this Lease, (other than the payment of Rent property is not claimed and Additional Rent) shall not cure such failure or refusal taken by Lessee within ten (10) days after Lessor repossesses or retakes the date of written notice thereof from Landlord to Tenant; or (iii) if Tenant Equipment, such property shall be adjudicated as bankrupt or shall make an assignment for the benefit of creditors or shall file a xxxx in equity or otherwise initiate proceedings for the appointment of a receiver of Tenant's assets, or shall file any proceedings in bankruptcy or for reorganization or an arrangement under any federal or state law, or if any proceedings in bankruptcy or for the appointment of a receiver shall be instituted deemed abandoned by any creditor of Tenant under any state or federal lawLessee, and not dismissed within 60 days or if Tenant is levied upon or sold by sheriff's or xxxxxxxx'x or constable's sale or other legal process; or (iv) if Tenant attempts to remove its property from the Demised Premises other than in the ordinary course of business, the occurrence of any such event to constitute an event of default and a breach under this Lease, and after having provided Tenant with ten (10) days written notice; then and in addition to any other rights or remedies Landlord may have under this Lease and at law and in equity, Landlord Lessor shall have the following rights:right to dispose of it. (C) Lessee and Lessor waive all right to trial by jury of all claims, defenses, counterclaims and suits of any kind arising from or relating to this Agreement.

Defaults Remedies. The Upon Borrower’s or Pledgor’s failure to pay or perform any of its Obligations hereunder or under any of the documents evidencing the Obligations when due, or upon the occurrence of a default or Event of Default as defined in any of such documents, the Lender may, at its option, from time to time, and notwithstanding any waiver or condonation at that time or at any other time, exercise any one or more of the following events shall constitute an event rights and remedies of default a secured party afforded by the Uniform Commercial Code, as from time to time in effect in the Commonwealth of Massachusetts, or afforded by the other statutory or decisional law of the Commonwealth of Massachusetts, or granted to the Lender under the terms of this Lease: (i) if Tenant shall fail to timely pay any Rent Agreement or any other sum required document evidencing or securing the Obligations, and Lender is hereby authorized to be paid by Tenant under this Lease when due redeem the Collateral and such failure shall continue for more than five (5) days following written notice from Landlordapply the proceeds thereof, providednet of any penalties, however, if Landlord provides two (2) notices of such failure within a twelve (12) month period, any subsequent failure to pay Rent when due within such 12 month period shall constitute a default without any obligation of Landlord to provide written notice to Tenant; or (ii) with respect to the outstanding Obligations. Without limiting the generality of the foregoing, the Pledgor expressly agrees that in any such event, the Lender, without demand of performance or other demand, advertisement or notice of any kind (except the notice specified below of time and place of public or compliance with private sale) to or on the Pledgor or any other person (all and each of which demands, advertisements and/or notices are hereby expressly waived, forthwith collect, receive, appropriate and realize on the Collateral, or any part thereof, and forthwith sell, assign, give option or options to purchase, contract to sell or otherwise dispose of and deliver the Collateral, or any part thereof, in one or more units, parcels, or lots at one or more public or private sales, at any of the termsLender’s offices or elsewhere, covenantson such terms and conditions as it may deem advisable and at such prices as it may deem appropriate, conditions for cash or provisions on credit or for future delivery without assumption of this Leaseany credit risk, with the right to the Lender upon any such sale or sales, public or private, to purchase the whole or any part of said Collateral so sold. Any purchaser at any such sale or sales shall acquire the property sold absolutely free from any claim or right on the part of Pledgor, and Pledgor hereby waives (other than to the extent permitted by applicable law) all rights, redemptions, stays and appraisal rights which Pledgor now has, or may at any time in the future have, under any rule of law or statute now existing or hereafter enacted. The net proceeds of any such collection, recovery, receipt, appropriation, realization or sale, after deducting all reasonable costs and expenses of every kind incurred therein or incidental to the care, safekeeping or otherwise of any and all of the Collateral or in any way relating to the rights of the Lender hereunder, including reasonable attorneys’ fees and legal expenses, shall be applied to the payment of Rent the Obligations in such order as the Lender may determine, and, after all of the Obligations have been paid in full and Additional Rentafter payment of any other amount required by any provision of law, including (without limitation) any section of the Uniform Commercial Code, the balance (if any) of such proceeds shall be remitted to the Pledgor or as otherwise required by a court of competent jurisdiction. To the extent permitted by applicable law, the Pledgor waives all claims, damages and demands against the Lender arising out of the retention or sale of the Collateral unless resulting from such Lender’s willful misconduct. The Pledgor agrees that the Lender need not cure such failure or refusal within give more than ten (10) days after the date of written days’ notice thereof from Landlord to Tenant; or (iii) if Tenant which notice shall be adjudicated as bankrupt deemed given on the earlier of mailing or shall make an assignment for receipt) of the benefit time and place of creditors any public sale. or shall file of the time after which a xxxx in equity or otherwise initiate proceedings for the appointment of a receiver of Tenant's assets, or shall file any proceedings in bankruptcy or for reorganization or an arrangement under any federal or state law, or if any proceedings in bankruptcy or for the appointment of a receiver shall be instituted by any creditor of Tenant under any state or federal law, and not dismissed within 60 days or if Tenant is levied upon or sold by sheriff's or xxxxxxxx'x or constable's private sale or other legal process; intended disposition is to take place and that such notice is reasonable notification of such matters. No notification need be given to the Pledgor if he has signed after default a statement renouncing or (iv) modifying any right to notification of sale or other intended disposition. The Lender may, without notice or publication, adjourn any public or private sale, or cause such sale to be adjourned from time to time by announcement at the time and place fixed for sale, and such sale may, without further notice, be made at the time and place to which such sale is so adjourned. Pledgor shall remain liable for any deficiency if Tenant attempts to remove its property from the Demised Premises other than in the ordinary course of business, the occurrence net proceeds of any such event sale or disposition of the Collateral are insufficient to constitute an event of default and a breach under this Lease, and after having provided Tenant with ten (10) days written notice; then and in addition to any other rights or remedies Landlord may have under this Lease and at law and in equity, Landlord shall have the following rights:pay all Obligations.

Defaults Remedies. The occurrence (a) It shall be an Event of any one or more of the following events shall constitute an event of default under this LeaseDefault: (i) if If Tenant shall fail does not pay in full when due any and all Rent and, except as provided in Section 22(c) below, Tenant fails to timely pay cure such default on or before the date that is 5 days after Landlord gives Tenant notice of default; (ii) If Tenant enters into or permits any Rent Transfer in violation of Section 18 above; (iii) If Tenant fails to observe and perform or otherwise breaches any other sum required provision of this Lease, and, except as provided in Section 22(c) below, Tenant fails to be paid by cure the default on or before the date that is 20 days after Landlord gives Tenant under this Lease when due and such failure shall continue for more than five (5) days following written notice from Landlord, of default; provided, however, if Landlord provides two the default cannot reasonably be cured within 20 days following Landlord's giving of notice, Tenant shall be afforded additional reasonable time (2not to exceed 60 days following Landlord's notice) notices of such failure to cure the default if Tenant begins to cure the default within a twelve (12) month period, any subsequent failure 20 days following Landlord's notice and continues diligently in good faith to pay Rent when due within such 12 month period shall constitute a default without any obligation of Landlord to provide written notice to Tenantcompletely cure the default; or (iiiv) with respect to the performance of If Tenant becomes insolvent or compliance with any of the terms, covenants, conditions or provisions of this Lease, (other than the payment of Rent and Additional Rent) shall not cure such failure or refusal within ten (10) days after the date of written notice thereof from Landlord to Tenant; or (iii) if Tenant shall be adjudicated as bankrupt or shall make an makes a general assignment for the benefit of creditors or shall file offers a settlement to creditors, or if a petition in bankruptcy or for reorganization or for an arrangement with creditors under any federal or state law is filed by or against Tenant, or a xxxx in equity or otherwise initiate proceedings other proceeding for the appointment of a receiver for any of Tenant's assets, or shall file any proceedings in bankruptcy or for reorganization or an arrangement under any federal or state lawassets is commenced, or if any proceedings in bankruptcy of the real or for the appointment personal property of a receiver Tenant shall be instituted levied upon; provided that any proceeding brought by any creditor of anyone other than Landlord or Tenant under any state bankruptcy, insolvency, receivership or federal law, and similar law shall not dismissed within 60 days or if Tenant is levied upon or sold by sheriff's or xxxxxxxx'x or constable's sale or other legal process; or (iv) if Tenant attempts to remove its property from the Demised Premises other than in the ordinary course of business, the occurrence of any such event to constitute an event Event of default and a breach under this Lease, and after having provided Tenant with ten Default until such proceeding has continued unstayed for more than 90 consecutive days. (10b) days written notice; then and in addition to any other rights or remedies Landlord may have under this Lease and at law and in equityIf an Event of Default occurs, Landlord shall have the following rights:rights and remedies: (i) Landlord, without any obligation to do so, may elect to cure the Event of Default on behalf of Tenant, in which event Tenant shall reimburse Landlord upon demand for any sums paid or costs incurred by Landlord (together with the Administrative Fee) in curing the Event of Default, plus interest at the Interest Rate from the respective dates of Landlord's paying such costs, which sums and costs together with interest at the Interest Rate shall be deemed additional Rent; (ii) To enter and repossess the Premises, by breaking open locked doors if necessary, and remove all persons and all or any property, by action at law or otherwise, without being liable for prosecution or damages. Landlord may, at Landlord's option, make Alterations and repairs in order to relet the Premises and relet all or any part(s) of the Premises for Tenant's account. Tenant agrees to pay to Landlord on demand any deficiency (taking into account all costs incurred by Landlord) that may arise by reason of such reletting. In the event of reletting without termination of this Lease, Landlord may at any time thereafter elect to terminate this Lease for such previous breach; (iii) To accelerate, in whole or in part, payment of any and all of the following amounts: (I) the then outstanding Rent due Landlord as of the Event of Default; (II) payment of all Minimum Annual Rent for the entire unexpired balance of the Term (taken without regard to early termination for default), which item (II) of this subsection shall be discounted to present value at the rate equal to the annual yield on thirty (30) day United States Treasury bills at the time of acceleration ("Discount Rate"); and (III) all other charges, costs and expenses due from and after the Event of Default under the terms and conditions of this Lease, including, but not limited to the cost of Operating Expenses (based upon the then applicable monthly estimate of Annual Operating Expenses, as provided in Section 6 hereof) and all other charges due hereunder (to the extent such charges, costs and expenses can be determined and calculated to a fixed sum), which item (III) of this subsection shall be discounted to present value at the Discount Rate (items (II) and (III) are collectively referred to as the "Accelerated Payment"). Upon demand, Tenant shall promptly pay such Accelerated Payment and any and all amounts provided for herein which are already due and payable or in arrears. In the event Landlord shall, after default or breach by Tenant, recover the Accelerated Payment and any and all amounts provided for herein which are already due and payable or in arrears from Tenant and it shall be determined at the expiration of the Term of this Lease (taken without regard to early termination for default) that a credit is due Tenant because the net proceeds of reletting, as aforesaid, plus the amounts paid to Landlord by Tenant exceed the aggregate of rent and other charges accrued in favor of Landlord to the end of said Term, Landlord shall refund such excess to Tenant, without interest, promptly after such determination. In the event Landlord shall, after default or breach by Tenant, recover from Tenant the Accelerated Payment and any and all amounts provided for herein which are already due and payable or in arrears, Landlord shall not repossess the Premises from Tenant as set forth herein. Notwithstanding anything to the contrary set forth in this subsection, in the event that Landlord does not repossess the Premises because Landlord has recovered the Accelerated Payment and any and all amounts provided for herein which are already due and payable or in arrears, then the Annual Operating Expenses paid by Tenant as part of the Accelerated Payment as provided in (III) above (without taking into account the Discount Rate) shall be subject to reconciliation by Landlord against the actual Operating Expenses due for such period, which reconciliation may be made by Landlord annually and Tenant shall pay to Landlord any deficiency or Landlord shall pay to Tenant any overpayment in connection therewith. In addition to the foregoing, if Landlord does not repossess the Premises because Landlord has recovered the Accelerated Payment and any and all amounts provided for herein which are already due and payable or in arrears, Tenant shall remain responsible for paying all of the utilities as and when incurred as provided in Section 7 hereof; and (iv) To terminate this Lease and the Term without any right on the part of Tenant to save the forfeiture by payment of any sum due or by other performance of any condition, term or covenant broken. (c) Any provision to the contrary in this Section 22 notwithstanding, (i) Landlord shall not be required to give Tenant the notice and opportunity to cure provided in Section 22(a) above with respect to Monthly Rent more than twice in any consecutive 12-month period, and thereafter Landlord may declare an Event of Default without affording Tenant any of the notice and cure rights provided under this Lease, and (ii) Landlord shall not be required to give such notice prior to exercising its rights under Section 22(b) if Tenant fails to comply with the provisions of Sections 13, 20 or 27 or in an emergency. (d) No waiver by Landlord of any breach by Tenant shall be a waiver of any subsequent breach, nor shall any forbearance by Landlord to seek a remedy for any breach by Tenant be a waiver by Landlord of any rights and remedies with respect to such or any subsequent breach. Efforts by Landlord to mitigate the damages caused by Tenant's default shall not constitute a waiver of Landlord's right to recover damages hereunder. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy provided herein or by law, but each shall be cumulative and in addition to every other right or remedy given herein or now or hereafter existing at law or in equity. No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the total amount due Landlord under this Lease shall be deemed to be other than on account, nor shall any endorsement or statement on any check or payment be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of Rent due, or Landlord's right to pursue any other available remedy. (e) Landlord shall use commercially reasonable efforts to relet the Premises following Tenant's vacation of the Premises and to otherwise mitigate Landlord's damages hereunder; provided, however, that Landlord shall be under no duty to market or relet the Premises prior to leasing other available space in the Building and, in no event shall Landlord be responsible or liable for any failure to relet the Premises or any part thereof, or for any failure to collect any rent due upon a reletting. (f) If either party commences an action against the other party arising out of or in connection with this Lease, the prevailing party shall be entitled to have and recover from the other party attorneys' fees, costs of suit, investigation expenses and discovery costs, including costs of appeal. (g) Landlord and Tenant waive the right to a trial by jury in any action or proceeding based upon or related to, the subject matter of this Lease. 23.

Defaults Remedies. The occurrence of any (a) Any one or more of the following events shall be a default by Tenant and constitute an event a breach of default under this Lease: (i) if failure by Tenant shall fail to timely pay observe and perform any Rent covenant, condition, agreement or any other sum required obligation contained herein on its part to be paid performed, which continues for a period of thirty (30) days after receipt by Tenant under this Lease when due and such failure shall continue for more than five (5) days following of written notice from LandlordLandlord specifying the nature of such default in reasonable detail, provided, however, if Landlord provides two any such default cannot be remedied within such thirty (2) notices 30)-day period, then Tenant shall not be in default if Tenant proceeds to cure the default after receipt of such failure within a twelve (12) month period, any subsequent failure to pay Rent when due within such 12 month period shall constitute a default without any obligation of Landlord to provide written notice to Tenantand diligently and continuously pursues same through completion; or (ii) with respect the failure to the performance pay Rent or any other monetary obligation to Landlord when due continues for a period of or compliance with any of the terms, covenants, conditions or provisions of this Lease, (other more than the payment of Rent and Additional Rent) shall not cure such failure or refusal within ten (10) days after the date receipt by Tenant of written notice thereof from Landlord to Tenant; or (iii) if Tenant of such monetary default provided, however, that no such written notice shall be adjudicated as bankrupt or shall make an assignment required for the benefit second such failure to pay Rent or any other monetary obligation when due for a period of creditors or shall file a xxxx in equity or otherwise initiate proceedings for the appointment of a receiver of Tenant's assets, or shall file any proceedings in bankruptcy or for reorganization or an arrangement under any federal or state law, or if any proceedings in bankruptcy or for the appointment of a receiver shall be instituted by any creditor of Tenant under any state or federal law, and not dismissed within 60 days or if Tenant is levied upon or sold by sheriff's or xxxxxxxx'x or constable's sale or other legal process; or (iv) if Tenant attempts to remove its property from the Demised Premises other more than in the ordinary course of business, the occurrence of any such event to constitute an event of default and a breach under this Lease, and after having provided Tenant with ten (10) days written notice; then after its due date during any calendar year. Upon the occurrence of an Event of Default and provided that all required notices have been given, Landlord may, without further notice to Tenant, terminate Tenant’s tenancy and proceed as required by the laws of the State of Arizona without accepting a surrender of the Premises or affecting Tenant’s liability for Rent and other charges due or future Rent and other charges becoming due hereunder. Upon any event of Default, Landlord shall be entitled to recover from Tenant, in addition to any Rent and other rights or remedies charges equivalent to Rent, all other damages sustained by Landlord may have under on account of the breach of this Lease Lease, including, but not limited to, the costs, expenses and at law attorney fees incurred by Landlord in enforcing the terms and provisions hereof and in equityreentering and recovering possession of the Premises and for the cost of repairs, Landlord shall have brokerage and attorney fees connected with the following rights:reletting of the Premises.

Defaults Remedies. The Administrative Agent shall not be deemed to have knowledge of the occurrence of any one a Default or more Event of Default (other than the following events shall constitute an event non-payment of default under this Lease: (i) if Tenant shall fail principal of or interest on the Obligations to timely pay any Rent or any other sum the extent the same is required to be paid by Tenant under this Lease when due and such failure shall continue to the Administrative Agent for more than five (5the account of the Lenders) days following written unless the Administrative Agent has received notice from Landlorda Lender or any Credit Party specifying such Default or Event of Default and stating that such notice is a “Notice of Default.” In the event that the Administrative Agent receives such a notice of occurrence of a Default or Event of Default, the Administrative Agent shall give prompt notice thereof to each of the Lenders (and shall give each Lender prompt notice of each such non-payment). The Administrative Agent shall (subject to its rights to indemnity) take such action with respect to such Default or Event of Default which is continuing as shall be directed by the Requisite Lenders; provided that, unless and until the Administrative Agent shall have received such directions, the Administrative Agent may take such action, or refrain from taking such action, with respect to such Default or Event of Default as it shall deem advisable in the best interest of the Lenders (and shall incur no liability for such action or by reason of so refraining); and provided further that the Administrative Agent shall not be required to take any such action which it determines to be contrary to law. Anything in this Agreement to the contrary notwithstanding, each Lender agrees that no Lender shall take any action to protect or enforce its rights with respect to the Obligations or this Agreement or any related documents, instruments, or agreements without first obtaining the prior written consent of the Requisite Lenders, it being the intent of the Lenders that any such action shall be taken in concert and at the direction or with the consent of the Requisite Lenders and not individually by a single Lender; provided, however, if Landlord provides two (2) notices of such failure within a twelve (12) month period, any subsequent failure to pay Rent when due within such 12 month period shall constitute a default without any obligation of Landlord to provide written notice to Tenant; or (ii) that with respect to the performance exercise of or compliance any right of set off, such action may be taken with any the consent of the terms, covenants, conditions or provisions of this Lease, (other than the payment of Rent and Additional Rent) shall not cure such failure or refusal within ten (10) days after the date of written notice thereof from Landlord to Tenant; or (iii) if Tenant shall be adjudicated as bankrupt or shall make an assignment for the benefit of creditors or shall file a xxxx in equity or otherwise initiate proceedings for the appointment of a receiver of Tenant's assets, or shall file any proceedings in bankruptcy or for reorganization or an arrangement under any federal or state law, or if any proceedings in bankruptcy or for the appointment of a receiver shall be instituted by any creditor of Tenant under any state or federal law, and not dismissed within 60 days or if Tenant is levied upon or sold by sheriff's or xxxxxxxx'x or constable's sale or other legal process; or (iv) if Tenant attempts to remove its property from the Demised Premises other than in the ordinary course of business, the occurrence of any such event to constitute an event of default and a breach under this Lease, and after having provided Tenant with ten (10) days written notice; then and in addition to any other rights or remedies Landlord may have under this Lease and at law and in equity, Landlord shall have the following rights:Administrative Agent alone.

Defaults Remedies. The occurrence of any one or more of In the following events shall constitute an event of default under this Lease: (i) if Tenant shall fail to timely pay at any time a default in the payment of Rent herein reserved, or of any other sum required to be paid by Tenant under this Lease lease when due and such failure or refusal shall continue for more than five ten (510) days following receipt of written notice from Landlord, provided, however, if Landlord provides two (2) notices of such failure within a twelve (12) month periodor refusal, any subsequent failure to pay Rent when due within such 12 month period shall constitute a default without any obligation of Landlord to provide written notice to Tenant; or (ii) with respect to in the performance of or compliance with any of the terms, covenants, conditions or provisions of this Lease, (other than the payment of Rent lease and Additional Rent) shall not cure such failure or refusal within ten thirty (1030) days after the date of written notice thereof from Landlord to Tenant; , or (iii) if Tenant shall be adjudicated as a bankrupt or shall make an assignment for the benefit of creditors or shall file a xxxx in equity or otherwise initiate proceedings for the appointment of a receiver of Tenant's assets, or shall file any proceedings in bankruptcy or for reorganization or an arrangement under any federal or state law, or if any proceedings in bankruptcy or for the appointment of a receiver shall be instituted by any creditor of Tenant under any state or federal law, and not dismissed within 60 days or if Tenant is levied upon or sold by sheriff's or xxxxxxxx'x or constable's sale or other legal process; , or (iv) if Tenant attempts to remove its property from the Demised Premises other than in the ordinary course of business, the occurrence of any such event to constitute an event of default and a breach under this Lease, and after having provided Tenant with ten (10) days written notice; , then and in addition to any other rights or remedies Landlord may have under this Lease and at law and in equity, Landlord shall have the following rights:

Defaults Remedies. The occurrence of any one or more Each of the following events shall constitute an event Event of default under this LeaseDefault by Subtenant hereunder: (i) if Tenant shall fail the failure to timely make any payment of rent or any installment thereof or to pay any Rent or any other sum required to be paid by Tenant Subtenant under this Lease when due Sublease or under the terms of any other agreement between Sublandlord and Subtenant and the continuance of such failure shall continue for more than five (5) days following written notice from Landlord, provided, however, if Landlord provides two (2) notices of such failure within a twelve (12) month period, any subsequent failure Sublandlord to pay Rent when due within such 12 month period shall constitute a default without any obligation of Landlord to provide written notice to TenantSubtenant; or (ii) with respect to the performance of use or compliance with any occupancy of the terms, covenants, conditions or provisions of this Lease, (Subleased Premises for any purpose other than the payment Permitted Use without Sublandlord’s prior written consent or the conduct of Rent any activity in the Subleased Premises which constitutes a violation of law and Additional Rent) shall not cure such failure or refusal within ten continues for twenty (1020) days after the date of written notice thereof from Landlord Sublandlord to TenantSubtenant; or (iii) if Tenant the interest of Subtenant or any part thereof under this Sublease shall be adjudicated as bankrupt levied on under execution or other legal process and said interest shall not have been cleared by said levy or execution within twenty (20) days from the date thereof; (iv) if any voluntary or involuntary petition in bankruptcy or for corporate reorganization or any similar 122587131v.1​ ​ relief shall be filed by or against Subtenant or any guarantor of the Sublease or if a receiver shall be appointed for Subtenant or any guarantor or any of the property of Subtenant or guarantor, unless such petition or appointment shall not be discharged within twenty (20) days; (v) if Subtenant or any guarantor of the Sublease shall make an assignment for the benefit of creditors or if Subtenant shall file admit in writing its inability to meet Subtenant’s debts as they mature; (vi) if any insurance required to be maintained by Subtenant pursuant to this Sublease shall be cancelled or terminated or expires or shall be reduced or materially changed, except, in each case, as permitted in this Sublease, or agreed to in writing, mutually, by the parties, and such replacement insurance is not provided within twenty (20) days after written notice from Sublandlord to Subtenant; (vii) if Subtenant shall fail to discharge or bond over any lien placed upon the Subleased Premises in violation of this Sublease within twenty (20) days; (viii) Subtenant’s failure to provide a xxxx statement in writing as and when required under Section 3 of this Sublease, or (ix) the failure to observe or perform any of the other covenants or conditions in this Sublease which Subtenant is required to observe and perform and which Subtenant has not corrected within twenty (20) days after written notice thereof to Subtenant; provided, however, that if said failure involves the creation of a condition which, in Sublandlord’s reasonable judgment, is dangerous or hazardous, Subtenant shall be required to cure same within 24 hours. Upon the occurrence of an Event of Default by Subtenant, Sublandlord may, at its option, with or without notice or demand of any kind to Subtenant or any other person, exercise any one or more of the following described remedies, in addition to all other rights and remedies provided at law, in equity or otherwise initiate proceedings for the appointment of a receiver of Tenant's assetselsewhere herein, or shall file any proceedings in bankruptcy or for reorganization or an arrangement under any federal or state law, or if any proceedings in bankruptcy or for the appointment of a receiver and such rights and remedies shall be instituted by any creditor of Tenant under any state or federal law, cumulative and not dismissed within 60 days or if Tenant is levied upon or sold by sheriff's or xxxxxxxx'x or constable's sale or other legal process; or (iv) if Tenant attempts to remove its property from the Demised Premises other than in the ordinary course of business, the occurrence of any such event to constitute an event of default and a breach under this Lease, and after having provided Tenant with ten (10) days written notice; then and in addition to none shall exclude any other rights or remedies Landlord may have under this Lease and at law and in equity, Landlord shall have the following rightsright allowed by law:

Defaults Remedies. The (a) Agent shall not be deemed to have knowledge of the occurrence of any one a Default or more of an Event of Default unless Agent has received written notice from a Lender or Borrower strictly in accordance with this Agreement specifying such Default or Event of Default and stating that such notice is a “Notice of Default.” In the event that Agent receives such a written notice of the occurrence of a material Default or Event of Default, Agent shall give prompt notice thereof to Lenders. Agent shall promptly send to each Lender a copy of any notice of a Default or Event of Default that Agent sends to Borrower or Guarantor. Agent, following events consultation with Lenders, shall constitute an event (subject to Section 10.7) take such action with respect to such Default or Event of default under this Lease: (i) if Tenant shall fail Default which is continuing, including with respect to timely pay the exercise of remedies or the realization on, or operation or disposition of, any Rent or all of the Collateral or any other sum required to collateral for the Loan, as shall be paid agreed upon by Tenant under this Lease when due and such failure shall continue for more than five (5) days following written notice from Landlord, the Required Lenders; provided, however, that, unless and until Agent shall have received such directions from the Required Lenders, if Landlord provides two (2) notices of at all, Agent may take such failure within a twelve (12) month periodaction, any subsequent failure to pay Rent when due within or refrain from taking such 12 month period shall constitute a default without any obligation of Landlord to provide written notice to Tenant; or (ii) action, with respect to such Default or Event of Default as it shall deem, in its sole discretion, to be in the performance best interest of Lenders and any action taken or compliance with failure to act in the absence of an agreement by the Required Lenders shall be binding on all Lenders and any other holder of all or any portion of the Loan or Participation therein. In no event shall Agent be required to take any such action which it determines would expose Agent to personal liability or would be contrary to or in violation of the Loan Documents or to Applicable Laws. Each Lender acknowledges and agrees that no individual Lender has the right, power or authority to take any action under any of the termsLoan Documents or against Borrower or other Borrower Party or any Collateral, covenantsand shall not take or attempt to take any such action other than through Agent, conditions and each Lender agrees not to attempt to separately enforce or exercise any of the provisions of this Lease, (other than any of the payment of Rent Loan Documents and Additional Rent) shall not cure any such failure or refusal within ten (10) days after the date of written notice thereof from Landlord to Tenant; or (iii) if Tenant attempt shall be adjudicated null and void. Any Lender taking action in violation of the immediately preceding sentence agrees to indemnify and hold each other Lender and Agent harmless from and against claims, judgments, costs, liabilities, damages, losses and expenses (including court costs and reasonable attorneys’ fees) suffered, paid or incurred as bankrupt or shall make an assignment for the benefit a result of creditors or shall file a xxxx in equity or otherwise initiate proceedings for the appointment of a receiver of Tenant's assets, or shall file any proceedings in bankruptcy or for reorganization or an arrangement under any federal or state law, or if any proceedings in bankruptcy or for the appointment of a receiver shall be instituted by any creditor of Tenant under any state or federal law, and not dismissed within 60 days or if Tenant is levied upon or sold by sheriff's or xxxxxxxx'x or constable's sale or other legal process; or (iv) if Tenant attempts to remove its property from the Demised Premises other than in the ordinary course of business, the occurrence of any such event to constitute an event of default and a breach under this Lease, and after having provided Tenant with ten (10) days written notice; then and in addition to any other rights or remedies Landlord may have under this Lease and at law and in equity, Landlord shall have the following rights:Lender’s action.

Defaults Remedies. The occurrence of any one or more (a) Each of the following events shall constitute an event “Event of default under this LeaseDefault” by Subtenant hereunder: (i) if Tenant shall fail the failure to timely make any payment of rent or any installment thereof or to pay any Rent or any other sum required to be paid by Tenant Subtenant under this Lease when due Sublease or under the terms of any other agreement between Sublandlord and Subtenant and the continuance of such failure shall continue for more than five (5) days following receipt of written notice from Landlord, provided, however, if Landlord provides two (2) notices of such failure within a twelve (12) month period, any subsequent failure Sublandlord to pay Rent when due within such 12 month period shall constitute a default without any obligation of Landlord to provide written notice to TenantSubtenant; or (ii) with respect to the performance use or occupancy of the Subleased Premises by Subtenant for any purpose other than the Permitted Use without Sublandlord’s prior written consent, (iii) the conduct of any activity in the Subleased Premises which constitutes a violation of law, which violation is not cured by Subtenant within any time allowed under such law; (iv) if the interest of Subtenant or compliance with any part thereof under this Sublease shall be levied on under execution or other legal process and said interest shall not have been cleared by said levy or execution within fifteen (15) days from the date thereof; (v) if any voluntary or involuntary petition in bankruptcy or for corporate reorganization or any similar relief shall be filed by or against Subtenant or any guarantor of the Sublease or if a receiver shall be appointed for Subtenant or any guarantor or any of the terms, covenants, conditions property of Subtenant or provisions of this Lease, guarantor; (other than the payment of Rent and Additional Rent) shall not cure such failure or refusal within ten (10) days after the date of written notice thereof from Landlord to Tenant; or (iiivi) if Tenant shall be adjudicated as bankrupt Subtenant or any guarantor of the Sublease shall make an assignment for the benefit of creditors or if Subtenant shall file admit in writing its inability to meet Subtenant’s debts as they mature; (vii) if any insurance required to be maintained by Subtenant pursuant to this Sublease shall be cancelled or terminated or shall expire or shall be reduced below minimum required levels of coverage, except, in each case, as permitted in this Sublease, or agreed to in writing, mutually, by the parties; (viii) if Subtenant shall fail to immediately discharge or bond over any lien placed upon the Subleased Premises in violation of this Sublease; or (ix) the failure to observe or perform any of the other covenants or conditions in this Sublease which Subtenant is required to observe and perform and which Subtenant has not corrected within twenty (20) days after written notice thereof to Subtenant; provided, however, that if said failure involves the creation of a xxxx condition which, in equity Sublandlord’s reasonable judgment, is dangerous or otherwise initiate proceedings hazardous, Subtenant shall be required to commence such cure (and thereafter diligently pursue the same) promptly upon actual knowledge of such dangerous or hazardous condition; provided, however, no written notice shall be required in connection with the fourth (4th) monetary default during any twelve (12)-month period in the event Subtenant has previously defaulted in its obligation to pay Fixed Rent hereunder (and notice thereof has been given by Sublandlord) three (3) times within the such twelve (12)-month period. Notwithstanding any of the foregoing or anything to the contrary contained in this Sublease or the Xxxxxxxxx, the time limits (the “Notice Periods”) contained in the Xxxxxxxxx for the appointment giving of a receiver notices, making of demands or performing of any act, condition or covenant on the part of the “Tenant's assets” thereunder, or shall file any proceedings in bankruptcy or for reorganization or an arrangement under any federal or state law, or if any proceedings in bankruptcy or for the appointment exercise by the “Tenant” thereunder of any right, remedy or option, are changed for the purposes of incorporation herein by reference by shortening the same in each instance by two (2) days, so that in each instance Subtenant shall have two (2) fewer days to observe or perform hereunder than Sublandlord has as the “Tenant” under the Xxxxxxxxx; provided, however, that if the Xxxxxxxxx allows a receiver Notice Period of two (2) days or less, then Subtenant shall nevertheless be allowed the number of days equal to one-half of the number of days in each Notice Period to give any such notices, make any such demands, perform any such acts, conditions or covenants or exercise any such rights, remedies or options; provided, further, that if one-half of the number of days in the Notice Period is not a whole number, Subtenant shall be instituted by any creditor allowed the number of Tenant under any state or federal law, and not dismissed within 60 days or if Tenant is levied upon or sold by sheriff's or xxxxxxxx'x or constable's sale or other legal process; or (iv) if Tenant attempts equal to remove its property from one-half of the Demised Premises other than number of days in the ordinary course of business, Notice Period rounded up to the occurrence of any such event to constitute an event of default and a breach under this Lease, and after having provided Tenant with ten (10) days written notice; then and in addition to any other rights or remedies Landlord may have under this Lease and at law and in equity, Landlord shall have the following rights:next whole number.

Defaults Remedies. The occurrence of any one or more of In the following events shall constitute an event of default under this Lease: (i1) if Tenant shall fail to timely pay at any time default in the payment of Rent herein reserved; or of any other sum required to be paid by Tenant under this Lease when due due, and such failure or refusal shall continue for more than five ten (510) calendar days following receipt of written notice from Landlord, provided, however, if Landlord provides two (2) notices of such failure within a twelve (12) month periodor refusal; or, any subsequent failure to pay Rent when due within such 12 month period shall constitute a default without any obligation of Landlord to provide written notice to Tenant; or (ii) with respect to in the performance of or compliance with any of the terms, covenants, conditions conditions, or provisions of this Lease, (other than the payment of Rent Lease and Additional Rent) shall not cure such failure or refusal within ten thirty (1030) calendar days after the date of written notice thereof from Landlord to Tenant; or (iii2) if Tenant Tenant: (i) shall be adjudicated as bankrupt bankruptcy; (ii) or shall make an assignment for the benefit of creditors creditors; (iii) or shall file a xxxx in equity equity; (iv) or otherwise initiate proceedings for the appointment of a receiver of Tenant's assets, ; (v) or shall file any proceedings in bankruptcy or for reorganization or an arrangement under any federal or state law, ; (vi) or if any proceedings in bankruptcy or for the appointment of a receiver shall be instituted by any creditor of Tenant under any state or federal law, and not dismissed within 60 days ; (vii) or if Tenant is levied upon or sold by sheriff's sheriffs or xxxxxxxx'x Xxxxxxxx'x or constable's sale or other legal process; (vii) or (iv) if Tenant attempts to remove its property from the Demised Premises other than in the ordinary course of business, then the occurrence of any such event to shall constitute an event of default and a breach under this Lease, and after having provided Tenant with ten (10) calendar days written notice; then , then, and in addition to any other rights or remedies Landlord may have under this Lease and either at law and or in equity, Landlord shall have the following rights: