Common use of Effect of Default Clause in Contracts

Effect of Default. In the event of any default or breach hereunder, in addition to any other right or remedy available to Landlord, either at law or in equity, Landlord may (but need not) exercise any one or more of the following rights: a. Landlord may re-enter the Leased Premises immediately without being deemed to have terminated this Lease and remove the property and personnel of Tenant without being guilty in any manner of trespass and shall have the right, but not the obligation, to store such property in a public warehouse or at a place selected by Landlord at the risk and expense of Tenant. b. Landlord may terminate this Lease by giving written notice of termination to Tenant. Without such notice, Xxxxxxxx’s re-entering and/or reletting of the Leased Premises will not terminate the Lease. On termination, Landlord may recover from Tenant all damages proximately resulting from the breach, including the cost of recovering the Leased Premises and the value of the balance of the Lease over the reasonable rental value of the Leased Premises for the remainder of the Lease Term, which sum shall be immediately due Landlord from Tenant. c. Landlord may on behalf of Tenant, relet the Leased Premises or any part thereof for any term without being deemed to have terminated this Lease at such rent and on such terms as it may choose. Landlord may make alterations and repairs to the Leased Premises. In addition to Tenant’s continuing liability to Landlord for Tenant’s obligations under this Lease, Tenant shall be liable for all expenses of the reletting (including brokerage and legal fees), for any alterations and repairs made, and for the difference between rent received by Landlord under any new lease agreement and the rent installments that are due for the same period under this Lease. d. Landlord may make any payment or perform any act on behalf of Tenant necessary to cure such Default by Tenant and make all necessary payments in connection therewith, including without limitation the payment of reasonable attorney’s fees, costs and charges of or in connection with any legal proceedings which may have been commended. Tenant shall pay to Landlord, as additional rent upon demand, any amount so paid by Landlord together with interest thereon at the lesser of 18% per annum or the highest rate then allowed by law from the date said payment was due until paid by Tenant. The payment of such interest shall not excuse or cure any Default by Tenant under this Lease. e. All costs and expenses incurred by Landlord in connection with collecting any amounts and damages owing by Tenant pursuant to the provisions of this Lease or to enforce any provision of this Lease including without limitation reasonable attorney’s fees and Landlord’s internal personnel costs, whether or not any action is commenced by Landlord shall be paid by Tenant to Landlord upon demand. If Landlord without fault is at any time made a party to any litigation instituted by or against Tenant, Tenant shall reimburse to Landlord and shall indemnify and hold Landlord harmless against all costs and expenses, including but not limited to attorney’s fees and Landlord’s internal personnel costs incurred by Landlord in connection therewith. Additionally, if at any time Tenant is in default herein, and Landlord shall issue a notice, in writing by personal, by posting, or by certified mail, to vacate the Premises, Tenant shall, in addition to all other remedies, be liable to Landlord for an administrative fee of $500 for costs incurred by the Landlord in connection with the posting of said notice.

Effect of Default. In the event of any default or breach hereunder, as set forth in addition the preceding section, the rights of Owner shall be as follows: 1. Owner shall have the right to any other right or remedy available to Landlordcancel and terminate this Lease, either at law or in equity, Landlord may (but need not) exercise any one or more as well as all of the following rights:right, title and interest of Lessee hereunder, by giving to Lessee not less than thirty (30) days notice of the cancellation and termination. On expiration of the time fixed in the notice, this Lease and the right, title and interest of Lessee hereunder shall terminate in the same manner and with the same force and effect, except as to Lessee's liability, as if the date fixed in the notice of cancellation and termination were the end of the term herein originally determined. a. Landlord 2. Owner may elect, but shall not be obligated, to make any payment required of Lessee herein or comply with any agreement, term or condition required hereby to be performed by Lessee, and Owner shall have the right to enter the Leased Premises for the purpose of correcting or remedying any such default and to remain until the default has been corrected or remedied, but any expenditure for the correction by Owner shall not be deemed to waive or release the default of Lessee or the right of Owner to take any action as may be otherwise permissible hereunder in the case of any default. 3. Owner may re-enter the Leased Premises immediately without being deemed to have terminated this Lease and remove the property and personnel of Tenant without being guilty in any manner of trespass Lessee, and shall have store the right, but not the obligation, to store such property in a public warehouse or at a place selected by Landlord Owner at the risk and expense of Tenant. b. Landlord Lessee. After re-entry, Owner may terminate this the Lease by on giving ten (10) days written notice of termination to TenantLessee. Without such the notice, Xxxxxxxx’s re-entering and/or reletting of the Leased Premises entry will not terminate the Lease. On termination, Landlord Owner may recover from Tenant Lessee all damages proximately resulting from the breach, including the cost costs of recovering the Leased Premises and the value worth of the balance of the this Lease over the reasonable rental value of the Leased Premises for the remainder of the Lease Termlease term, which sum shall be immediately due Landlord Owner from TenantLessee. c. Landlord 4. After re-entry, Owner may on behalf of Tenant, relet the Leased Premises or any part thereof for any term without being deemed to have terminated this Lease terminating the Lease, at such the rent and on such the terms as it Owner may choosechose. Landlord Owner may make alterations and repairs to the Leased Premises. The duties and liabilities of the parties if the Leased Premises are relet as provided herein shall be as follows: 1. In addition to Tenant’s continuing Lessee's liability to Landlord Owner for Tenant’s obligations under this breach of the Lease, Tenant Lessee shall be liable for all expenses of the reletting (including brokerage and legal fees)reletting, for any the alterations and repairs made, and for the difference between the rent received by Landlord Owner under any the new lease agreement and the rent installments that are due for the same period under this Lease. d. Landlord may make any payment or perform any act on behalf 2. Owner shall apply the rent received from reletting the Leased Premises (1) to reduce the indebtedness of Tenant necessary Lessee to cure such Default by Tenant Owner under the Lease, not including indebtedness for rent; (2) to expenses of the reletting and make all necessary payments in connection therewith, including without limitation the payment of reasonable attorney’s fees, costs alterations and charges of or in connection with any legal proceedings which may have been commended. Tenant shall pay repairs made; (3) to Landlord, as additional rent upon demand, any amount so paid by Landlord together with interest thereon at the lesser of 18% per annum or the highest rate then allowed by law from the date said payment was due until paid by Tenant. The payment of such interest shall not excuse or cure any Default by Tenant under this Lease. e. All costs and expenses incurred by Landlord in connection with collecting any amounts and damages owing by Tenant pursuant ; or (4) to the provisions payment of future rent under this Lease or to enforce any provision of this Lease including without limitation reasonable attorney’s fees and Landlord’s internal personnel costs, whether or not any action is commenced by Landlord shall be paid by Tenant to Landlord upon demandas it becomes due. If Landlord without fault is the new Lessee does not pay a rent installment promptly to Owner, and the rent installment has been credited in advance of payment of the indebtedness of Lessee other than rent, or if rentals from the new Lessee have been otherwise applied by Owner as provided for herein and during any rent installment period are less than the rent payable for the corresponding installment period under this Lease, Lessee shall pay Owner the deficiency, separately for each rent installment deficiency period, and before the end of that period. Owner may at any time made after a party reletting terminate the Lease for the breach on which Owner had based the re-entry and subsequently relet the Leased Premises. 5. After re-entry, Owner may procure the appointment of a receiver to any litigation instituted by or against Tenant, Tenant shall reimburse to Landlord take possession and shall indemnify collect rents and hold Landlord harmless against all costs profits of the business of Lessee. The receiver may carry on the business of Lessee and expensestake possession of the personal property used in the business of Lessee, including but not limited to attorney’s fees inventory, trade fixtures and Landlord’s internal personnel costs incurred by Landlord in connection therewith. Additionally, if at any time Tenant is in default hereinfurnishings, and Landlord shall issue use them in the business without compensating Lessee. Proceedings for appointment of a notice, in writing receiver by personal, by postingOwner, or by certified mail, to vacate the Premises, Tenant shall, in addition to all other remedies, be liable to Landlord for an administrative fee appointment of $500 for costs incurred a receiver and the conduct of the business of Lessee by the Landlord in connection with the posting receiver shall not terminate and forfeit this Lease unless Owner has given written notice of said notice.termination to Lessee as provided herein. 10

Effect of Default. In the event of any default or breach the rights of Landlord shall be as follows: 1. Landlord shall have the right to cancel and terminate this lease, as well as all of the right, title, and interest of Tenant hereunder, by giving to Tenant not less than ten (10) days notice of the cancellation and termination. On expiration of the time fixed in addition the notice, this lease and the right, title, and interest of the Tenant hereunder, shall terminate in the same manner and with the same force and effect, except as to any other right or remedy available to LandlordTenant’s liability, either at law or as if the date fixed in equity, the notice of cancellation and termination were the end of the term herein originally determined. 2. Landlord may (elect, but need not) exercise shall not be obligated, to make any one payment required of Tenant herein or more comply with any agreement, term, or condition required hereby to be performed by Tenant, and Landlord shall have the right to enter the demised premises for the purpose of correcting or remedying any such default and to remain until the following rights:default has been corrected or remedied, but any expenditure for the correction by Landlord shall not be deemed to waive or release the default of Tenant or the right of Landlord to take any action as may be otherwise permissible hereunder in the case of any default. a. 3. Landlord may re-enter the Leased Premises premises immediately without being deemed to have terminated this Lease and remove the property and personnel of Tenant without being guilty in any manner of trespass Tenant, and shall have store the right, but not the obligation, to store such property in a public warehouse or at a place selected by Landlord Landlord, at the risk and expense of Tenant. b. . After re-entry, Landlord may terminate this Lease by the lease on giving ten (10) days written notice of termination to Tenant. Without such the notice, Xxxxxxxx’s re-entering and/or reletting of the Leased Premises entry will not terminate the Leaselease. On termination, termination Landlord may recover from Tenant all damages proximately resulting from the breach, including the cost of recovering the Leased Premises premises, and the value worth of the balance of the Lease this lease over the reasonable rental value of the Leased Premises premises for the remainder of the Lease Termlease term, which sum shall be immediately due Landlord from Tenant. c. 4. After re-entry, Landlord may on behalf of Tenant, relet the Leased Premises premises or any part thereof for any term without being deemed to have terminated this Lease terminating the lease, at such the rent and on such the terms as it Landlord may choose. Landlord may make alterations and repairs to the Leased Premises. In addition to Tenant’s continuing liability to Landlord for Tenant’s obligations under this Lease, Tenant shall be liable for all expenses of the reletting (including brokerage and legal fees), for any alterations and repairs made, and for the difference between rent received by Landlord under any new lease agreement and the rent installments that are due for the same period under this Leasepremises. d. Landlord may make any payment or perform any act on behalf of Tenant necessary to cure such Default by Tenant and make all necessary payments in connection therewith, including without limitation the payment of reasonable attorney’s fees, costs and charges of or in connection with any legal proceedings which may have been commended. Tenant shall pay to Landlord, as additional rent upon demand, any amount so paid by Landlord together with interest thereon at the lesser of 18% per annum or the highest rate then allowed by law from the date said payment was due until paid by Tenant. The payment of such interest shall not excuse or cure any Default by Tenant under this Lease. e. All costs and expenses incurred by Landlord in connection with collecting any amounts and damages owing by Tenant pursuant to the provisions of this Lease or to enforce any provision of this Lease including without limitation reasonable attorney’s fees and Landlord’s internal personnel costs, whether or not any action is commenced by Landlord shall be paid by Tenant to Landlord upon demand. If Landlord without fault is at any time made a party to any litigation instituted by or against Tenant, Tenant shall reimburse to Landlord and shall indemnify and hold Landlord harmless against all costs and expenses, including but not limited to attorney’s fees and Landlord’s internal personnel costs incurred by Landlord in connection therewith. Additionally, if at any time Tenant is in default herein, and Landlord shall issue a notice, in writing by personal, by posting, or by certified mail, to vacate the Premises, Tenant shall, in addition to all other remedies, be liable to Landlord for an administrative fee of $500 for costs incurred by the Landlord in connection with the posting of said notice.

Effect of Default. In the event of any default or breach hereunder, in addition to any other right or remedy available to Landlord, either at law or in equity, Landlord may (but need not) exercise exert any one or more of the following rights: a. (a) Landlord may re-enter the Leased Premises immediately without being deemed to have terminated this Lease and remove the property and personnel of Tenant without being guilty in any manner of trespass Tenant, and shall have the right, but not the obligation, to store such property in a public warehouse or at a place selected by Landlord Landlord, at the risk and expense of Tenant, Landlord must give notice to Tenant ten (10) days prior to removal of property and personnel. b. (b) Landlord may retake the Premises and may terminate this Lease by giving written notice of termination to Tenant. Without such notice, XxxxxxxxLandlord’s re-entering and/or reletting of the Leased Premises retaking will not terminate the Lease. On termination, Landlord may recover from Tenant all damages proximately resulting from the breach, including the cost of recovering the Leased Premises and the value of difference between the rent due for the balance of the Lease over term as though the reasonable Lease had not been terminated, and the fair market rental value of the Leased Premises for the remainder of the Lease TermPremises, which sum shall be immediately due Landlord from Tenant. c. (c) Landlord may on behalf of Tenant, relet the Leased Premises or any part thereof for any term without being deemed to have terminated terminating this Lease Lease, at such rent and on such terms as it may may, choose. Landlord may make alterations and repairs to the Leased Premises. In addition to Tenant’s continuing liability to Landlord for Tenant’s obligations under breach of this Lease, Tenant shall be liable for all expenses of the reletting (including brokerage and legal fees)reletting, for any alterations and repairs made, and made for the difference between rent due for the balance of the Lease term, which sum shall be immediately due Landlord from Tenant. The amount due Landlord will be reduced by the net rent received by Landlord under any new lease agreement and during the rent installments that are due for the same period under this Lease. d. Landlord may make any payment or perform any act on behalf of Tenant necessary to cure such Default by Tenant and make all necessary payments in connection therewith, including without limitation the payment of reasonable attorney’s fees, costs and charges of or in connection with any legal proceedings which may have been commended. Tenant shall pay to Landlord, as additional rent upon demand, any amount so paid by Landlord together with interest thereon at the lesser of 18% per annum or the highest rate then allowed by law from the date said payment was due until paid by Tenant. The payment of such interest shall not excuse or cure any Default by Tenant under this Lease. e. All costs and expenses incurred by Landlord in connection with collecting any amounts and damages owing by Tenant pursuant to the provisions remaining term of this Lease or to enforce from reletting the Premises, r any provision part thereof. If during the remaining term of this Lease including without limitation reasonable attorney’s fees and Landlord’s internal personnel costsLandlord receives more than the amount due Landlord under this sub-paragraph, whether or not any action is commenced by the Landlord shall be paid by Tenant pay such excess to Landlord upon demand. If Landlord without fault is at any time made a party to any litigation instituted by or against Tenant, but only to the extent Tenant shall reimburse has actually made payment pursuant to Landlord and shall indemnify and hold Landlord harmless against all costs and expenses, including but not limited to attorney’s fees and Landlord’s internal personnel costs incurred by Landlord in connection therewith. Additionally, if at any time Tenant is in default herein, and Landlord shall issue a notice, in writing by personal, by posting, or by certified mail, to vacate the Premises, Tenant shall, in addition to all other remedies, be liable to Landlord for an administrative fee of $500 for costs incurred by the Landlord in connection with the posting of said noticethis sub-paragraph.

Effect of Default. In the event of any default or breach hereunder, as set forth in addition to any other right or remedy available to Landlordthe preceding section, either at law or in equity, Landlord may (but need not) exercise any one or more the rights of the following rightsOwner shall be as follows: a. Landlord Owner shall have the right to cancel and terminate this Lease, as well as all of the right, title and interest of Lessee hereunder, by giving to Lessee not less than thirty (30) days notice of the cancellation and termination. On expiration of the time fixed in the notice, this Lease and the right, title and interest of Lessee hereunder shall terminate in the same manner and with the same force and effect, except as to Lessee's liability, as if the date fixed in the notice of cancellation and termination were the end of the term herein originally determined. b. Owner may elect, but shall not be obligated, to make any payment required of Lessee herein or comply with any agreement, term or condition required hereby to be performed by Lessee, and Owner shall have the right to enter the Leased Premises for the purpose of correcting or remedying any such default and to remain until the default has been corrected or remedied, but any expenditure for the correction by Owner shall not be deemed to waive or release the default of Lessee or the right of Owner to take any action as may be otherwise permissible hereunder in the case of any default. c. Owner may re-enter the Leased Premises immediately without being deemed to have terminated this Lease and remove the property and personnel of Tenant without being guilty in any manner of trespass Lessee, and shall have store the right, but not the obligation, to store such property in a public warehouse or at a place selected by Landlord Owner at the risk and expense of Tenant. b. Landlord Lessee. After re-entry, Owner may terminate this the Lease by on giving ten (10) days written notice of termination to TenantLessee. Without such the notice, Xxxxxxxx’s re-entering and/or reletting of the Leased Premises entry will not terminate the Lease. On termination, Landlord Owner may recover from Tenant Lessee all damages proximately resulting from the breach, including the cost costs of recovering the Leased Premises and the value worth of the balance of the this Lease over the reasonable rental value of the Leased Premises for the remainder of the Lease Termlease term, which sum shall be immediately due Landlord Owner from TenantLessee. c. Landlord d. After re-entry, Owner may on behalf of Tenant, relet the Leased Premises or any part thereof for any term without being deemed to have terminated this Lease terminating the Lease, at such the rent and on such the terms as it Owner may choosechose. Landlord Owner may make alterations and repairs to the Leased Premises. The duties and liabilities of the parties if the Leased Premises are relet as provided herein shall be as follows: i. In addition to Tenant’s continuing Lessee's liability to Landlord Owner for Tenant’s obligations under this breach of the Lease, Tenant Lessee shall be liable for all expenses of the reletting (including brokerage and legal fees)reletting, for any the alterations and repairs made, and for the difference between the rent received by Landlord Owner under any the new lease agreement and the rent installments that are due for the same period under this Lease. d. Landlord may make any payment or perform any act on behalf ii. Owner shall apply the rent received from reletting the Leased Premises (1) to reduce the indebtedness of Tenant necessary Lessee to cure such Default by Tenant Owner under the Lease, not including indebtedness for rent; (2) to expenses of the reletting and make all necessary payments in connection therewith, including without limitation the payment of reasonable attorney’s fees, costs alterations and charges of or in connection with any legal proceedings which may have been commended. Tenant shall pay repairs made; (3) to Landlord, as additional rent upon demand, any amount so paid by Landlord together with interest thereon at the lesser of 18% per annum or the highest rate then allowed by law from the date said payment was due until paid by Tenant. The payment of such interest shall not excuse or cure any Default by Tenant under this Lease; or (4) to payment of future rent under this Lease as it becomes due. If the new Lessee does not pay a rent installment promptly to Owner, and the rent installment has been credited in advance of payment of the indebtedness of Lessee other than rent, or if rentals from the new Lessee have been otherwise applied by Owner as provided for herein and during any rent installment period are less than the rent payable for the corresponding installment period under this Lease, Lessee shall pay Owner the deficiency, separately for each rent installment deficiency period, and before the end of that period. Owner may at any time after a reletting terminate the Lease for the breach on which Owner had based the re-entry and subsequently relet the Leased Premises. e. All costs After re-entry, Owner may procure the appointment of a receiver to take possession and expenses incurred collect rents and profits of the business of Lessee. The receiver may carry on the business of Lessee and take possession of the personal property used in the business of Lessee, including inventory, trade fixtures and furnishings, and use them in the business without compensating Lessee. Proceedings for appointment of a receiver by Landlord in connection with collecting any amounts Owner, or the appointment of a receiver and damages owing the conduct of the business of Lessee by Tenant pursuant to the provisions of receiver shall not terminate and forfeit this Lease or unless Owner has given written notice of termination to enforce any provision of this Lease including without limitation reasonable attorney’s fees and Landlord’s internal personnel costs, whether or not any action is commenced by Landlord shall be paid by Tenant to Landlord upon demand. If Landlord without fault is at any time made a party to any litigation instituted by or against Tenant, Tenant shall reimburse to Landlord and shall indemnify and hold Landlord harmless against all costs and expenses, including but not limited to attorney’s fees and Landlord’s internal personnel costs incurred by Landlord in connection therewith. Additionally, if at any time Tenant is in default Lessee as provided herein, and Landlord shall issue a notice, in writing by personal, by posting, or by certified mail, to vacate the Premises, Tenant shall, in addition to all other remedies, be liable to Landlord for an administrative fee of $500 for costs incurred by the Landlord in connection with the posting of said notice.

Effect of Default. In the event of any material default or breach hereunderunder this Lease Agreement, as set forth in addition Section Eleven, the rights of Lessor shall be as follows: A. Lessor shall have the right to any other right or remedy available to Landlord, either at law or in equity, Landlord may (but need not) exercise any one or more cancel and terminate this Lease Agreement as well as all of the following rights:right, title, and interest of Lessee under this Lease Agreement, by giving to Lessee not less than thirty (30) days notice of the cancellation right to cure and termination. On expiration of the time fixed in the notice, this Lease Agreement and the right, title, and interest of Lessee under this Lease Agreement, shall terminate in the same manner and with the same force and effect, except as to Lessee’s liability, as if the date fixed in the notice of cancellation and termination were the end of the term originally set forth in this Lease Agreement. a. Landlord X. Xxxxxx may elect, but shall not be obligated, to make any payment required of Lessee in this Lease Agreement or comply with any agreement, term, or condition required by this Lease Agreement to be performed by Lessee. Lessor shall have the right to enter the demised premises for the purpose of correcting or remedying any such default and to remain until the default has been corrected or remedied, but any expenditure for the correction by Lessor shall not be deemed to waive or release the default of Lessee or the right of Lessor to take any action as may be otherwise permissible under this Lease Agreement in the case of any material default. X. Xxxxxx may re-enter the Leased Premises demised premises immediately without being deemed to have terminated this Lease and remove the property and personnel of Tenant without being guilty in any manner of trespass Lessee, and shall have store the right, but not the obligation, to store such property in a public warehouse or at a place selected by Landlord Lessor, at the risk and reasonable expense of Tenant. b. Landlord Lessee. After re-entry, Lessor may terminate this Lease by the lease on giving thirty (30) days written notice of termination to TenantLessee. Without such the notice, Xxxxxxxx’s re-entering and/or reletting of the Leased Premises entry will not terminate the Leasethis Lease Agreement. On termination, Landlord Lessor may recover from Tenant Lessee all direct damages proximately resulting from the breach, including the reasonable cost of recovering the Leased Premises and the value of the balance of the Lease over the reasonable rental value of the Leased Premises for the remainder of the Lease Term, which sum shall be immediately due Landlord from Tenantdemised premises. c. Landlord D. After re-entry, Lessor may on behalf of Tenant, relet the Leased Premises demised premises or any part thereof of the demised premises for any term without being deemed to have terminated terminating this Lease Agreement, at such the rent and on such the terms as it Lessor may choose. Landlord Lessor may make alterations and repairs to the Leased Premisesdemised premises. The duties and liabilities of the parties if the premises are relet as provided in this section shall be as follows: (1) In addition to TenantLessee’s continuing liability to Landlord Lessor for Tenant’s obligations under this Leasebreach of the lease, Tenant Lessee shall be liable for all reasonable and customary expenses of the reletting (including brokerage and legal fees)reletting, for any the alterations and repairs made, and for the difference between the rent received by Landlord Lessor under any the new lease agreement Lease Agreement. (2) Lessor shall have the right to apply the rent received from reletting the premises to (1) reduce the indebtedness of Lessee to Lessor under this Lease Agreement, not including indebtedness for rent, (2) reasonable expenses of the reletting and alterations and repairs made, or (3) rent due under this Lease Agreement. (3) If the new Lessee does not pay a rent installment promptly to Lessor, and the rent installments that installment has been credited in advance of payment to the indebtedness of Lessee other than rent, or if rentals from the new Lessee have been otherwise applied by Lessor as provided for in this section and during any rent installment period are due less than the rent payable for the same corresponding installment period under this Lease. d. Landlord may make any payment or perform any act on behalf of Tenant necessary to cure such Default by Tenant and make all necessary payments in connection therewithLease Agreement, including without limitation the payment of reasonable attorney’s fees, costs and charges of or in connection with any legal proceedings which may have been commended. Tenant Lessee shall pay to LandlordLessor the deficiency, as additional separately for each rent upon demandinstallment deficiency period, any amount so paid by Landlord together with interest thereon at and before the lesser end of 18% per annum or the highest rate then allowed by law from the date said payment was due until paid by Tenantthat period. The payment of such interest shall not excuse or cure any Default by Tenant under this Lease. e. All costs and expenses incurred by Landlord in connection with collecting any amounts and damages owing by Tenant pursuant to the provisions of this Lease or to enforce any provision of this Lease including without limitation reasonable attorney’s fees and Landlord’s internal personnel costs, whether or not any action is commenced by Landlord shall be paid by Tenant to Landlord upon demand. If Landlord without fault is Lessor may at any time made after a party to any litigation instituted by or against Tenant, Tenant shall reimburse to Landlord reletting terminate this Lease Agreement for the breach on which Lessor had based the reentry and shall indemnify and hold Landlord harmless against all costs and expenses, including but not limited to attorney’s fees and Landlord’s internal personnel costs incurred by Landlord in connection therewith. Additionally, if at any time Tenant is in default herein, and Landlord shall issue a notice, in writing by personal, by posting, or by certified mail, to vacate subsequently relet the Premises, Tenant shall, in addition to all other remedies, be liable to Landlord for an administrative fee of $500 for costs incurred by the Landlord in connection with the posting of said noticedemised premises.

Effect of Default. In the event of any default or breach hereunder, ----------------- in addition to any other right or remedy available to Landlord, either at law or in equity, Landlord may (but need not) exercise any one or more of the following rights: a. Landlord may re-enter the Leased Premises immediately in accordance with the procedures provided by Colorado statutes without being deemed to have terminated this Lease and remove the property and personnel of Tenant without being guilty in any manner of trespass trespass, and shall have the right, but not the obligation, to store such property in a public warehouse or at a place selected by Landlord Landlord, at the risk and expense of Tenant. b. Landlord may terminate this Lease by giving written notice of termination to Tenant. Without such notice, Xxxxxxxx’s Landlord's re-entering and/or reletting of the Leased Premises will not terminate the Lease. On termination, Landlord may recover from Tenant all damages proximately resulting from the breach, including the cost of recovering the Leased Premises and the value of the balance of the Lease over the reasonable rental value of the Leased Premises for the remainder of the Lease Termlease term, which sum shall be immediately due Landlord from Tenant. c. Landlord may may, on behalf of Tenant, relet the Leased Premises or any part thereof for any term without being deemed to have terminated this Lease Lease, at such rent and on such terms as it may choose. Landlord may make alterations and repairs to the Leased Premises. In addition to Tenant’s 's continuing liability to Landlord for Tenant’s 's obligations under this Lease, Tenant shall be liable for all expenses of the reletting (including brokerage and legal fees), for any alterations and repairs made, and for the difference between the rent received by Landlord under any new lease agreement and the rent installments that are due for the same period under this Lease. d. Landlord may make any payment or perform any act on behalf of Tenant necessary to cure such Default by Tenant Tenant, and make all necessary payments in connection therewith, including without limitation the payment of reasonable attorney’s attorneys' fees, costs and charges of or in connection with any legal proceedings which may have been commendedcommenced. Tenant shall pay to Landlord, as additional rent Additional Rent, upon demand, any amount so paid by Landlord Landlord, together with interest thereon at the lesser of 18% per annum annum, or the highest rate then allowed by law law, from the date said payment was due until paid by Tenant. The payment of such interest shall not excuse or cure any Default by Tenant under this Lease. e. All costs and expenses incurred by Landlord in connection with collecting any amounts and damages owing by Tenant pursuant to the provisions of this Lease or to enforce any provision of this Lease including Lease, including, without limitation limitation, reasonable attorney’s attorneys' fees and Landlord’s 's internal personnel costs, whether or not any action is commenced by Landlord Landlord, shall be paid by Tenant to Landlord upon demand. If Landlord Landlord, without fault fault, is at any time made a party to any litigation instituted by or against Tenant, Tenant shall reimburse to Landlord and shall indemnify and hold Landlord harmless against all costs and expenses, including including, but not limited to attorney’s to, attorneys' fees and Landlord’s 's internal personnel costs costs, incurred by Landlord in connection therewith. Additionally, if at any time Tenant is in default herein, and Landlord shall issue a notice, in writing by personal, by posting, or by certified mail, to vacate the Premises, Tenant shall, in addition to all other remedies, be liable to Landlord for an administrative fee of $500 for costs incurred by the Landlord in connection with the posting of said notice.

Effect of Default. In the event of any default or breach hereunder, in addition to any other right or remedy available to Landlord, either at law or in equity, Landlord may (but need not) exercise exert any one or more of the following rights: a. (a) Landlord may re-enter the Leased Premises immediately without being deemed to have terminated this Lease and remove the property and personnel of Tenant without being guilty in any manner of trespass Tenant, and shall have the right, but not the obligation, to store such property in a public warehouse or at a place selected by Landlord Landlord, at the risk and expense of Tenant. b. (b) Landlord may retake the Premises and may terminate this Lease by giving written notice of termination to Tenant. Without such notice, Xxxxxxxx’s re-entering and/or reletting of the Leased Premises Landlord's retaking will not terminate the Lease. On termination, Landlord may recover from Tenant all damages proximately resulting from the breach, including the cost of recovering the Leased Premises and the value of difference between the rent due for the balance of the Lease over term as though the reasonable Lease had not been terminated and the fair market rental value of the Leased Premises for the remainder balance of the Lease Term, term as though the Lease had not been terminated which sum shall be immediately due Landlord from Tenant. c. (c) Landlord may on behalf of Tenant, relet the Leased Premises or any part thereof for any term without being deemed to have terminated terminating this Lease Lease, at such rent and on such terms as it may may, choose. Landlord may make alterations and repairs to the Leased Premises. In addition to Tenant’s continuing 's liability to Landlord for Tenant’s obligations under breach of this Lease, Tenant shall be liable for all expenses of the reletting (including brokerage and legal fees)reletting, for any alterations and repairs made, and for the difference between rent due for the balance of the Lease term, which sum shall be immediately due Landlord from Tenant. The amount due Landlord will be reduced by the net rent received by Landlord under any new lease agreement and during the rent installments that are due for the same period under this Lease. d. Landlord may make any payment or perform any act on behalf of Tenant necessary to cure such Default by Tenant and make all necessary payments in connection therewith, including without limitation the payment of reasonable attorney’s fees, costs and charges of or in connection with any legal proceedings which may have been commended. Tenant shall pay to Landlord, as additional rent upon demand, any amount so paid by Landlord together with interest thereon at the lesser of 18% per annum or the highest rate then allowed by law from the date said payment was due until paid by Tenant. The payment of such interest shall not excuse or cure any Default by Tenant under this Lease. e. All costs and expenses incurred by Landlord in connection with collecting any amounts and damages owing by Tenant pursuant to the provisions remaining term of this Lease from reletting the Premises or to enforce any provision part thereof. If during the remaining term of this Lease including without limitation reasonable attorney’s fees and Landlord’s internal personnel costsLandlord receives more than the amount due Landlord under this sub-paragraph, whether or not any action is commenced by the Landlord shall be paid by Tenant pay such excess to Landlord upon demand. If Landlord without fault is at any time made a party to any litigation instituted by or against Tenant, but only to the extent Tenant shall reimburse has actually made payment pursuant to Landlord and shall indemnify and hold Landlord harmless against all costs and expenses, including but not limited to attorney’s fees and Landlord’s internal personnel costs incurred by Landlord in connection therewith. Additionally, if at any time Tenant is in default herein, and Landlord shall issue a notice, in writing by personal, by posting, or by certified mail, to vacate the Premises, Tenant shall, in addition to all other remedies, be liable to Landlord for an administrative fee of $500 for costs incurred by the Landlord in connection with the posting of said noticethis sub-paragraph.

Effect of Default. In the event of any default or breach hereunder, as set forth in addition Section 12, above, the rights of Lessor shall be as follows: (a) Lessor shall have the right to any other right or remedy available to Landlordcancel and terminate this lease, either at law or in equity, Landlord may (but need not) exercise any one or more as well as all of the following rights:right, title, and interest of Lessee hereunder, by giving to Lessee not less than thirty (30) days notice of the cancellation and termination. On expiration of the time fixed in the notice, this lease and the right, title and interest of Lessee hereunder, shall terminate in the same manner and with the same force and effect, except as to Lessee's liability, as if the date fixed in the notice of cancellation and termination were the end of the term herein originally determined. a. Landlord (b) Lessor may elect, but shall not be obligated, to make any payment required of Lessee herein or comply with any agreement, term or condition required hereby to be performed by Lessee, and Lessor shall have the right to enter the leased premises for the purpose of correcting or remedying any such default and to remain until the default has been corrected or remedied, but any expenditure for the correction by Lessor shall not be deemed to waive or release the default of Lessee or the right of Lessor to take any action as may be otherwise permissible hereunder in the case of any default. (c) Lessor may re-enter the Leased Premises premises immediately without being deemed to have terminated this Lease and remove the property and personnel of Tenant without being guilty in any manner of trespass Lessee, and shall have store the right, but not the obligation, to store such property in a public warehouse or at a place selected by Landlord Lessor, at the risk and expense of Tenant. b. Landlord Lessee. After re-entry, Lessor may terminate this Lease by the lease on giving thirty (30) days written notice of termination to TenantLessee. Without such the notice, Xxxxxxxx’s re-entering and/or reletting of the Leased Premises entry will not terminate the Leaselease. On termination, Landlord Lessor may recover from Tenant Lessee all damages proximately resulting from the breach, including the cost of recovering the Leased Premises premises, and the value worth of the balance of the Lease this lease over the reasonable rental value of the Leased Premises premises for the remainder of the Lease Termlease term, which sum shall be immediately due Landlord Lessor from TenantLessee. c. Landlord (d) After re-entry, Lessor may on behalf of Tenant, relet re-let the Leased Premises premises or any an part thereof for any term without being deemed to have terminated this Lease terminating the lease, at such the rent and on such the terms as it Lessor may choose. Landlord may make alterations and repairs to the Leased Premises. In addition to Tenant’s continuing liability to Landlord for Tenant’s obligations under this Lease, Tenant shall be liable for all expenses of the reletting (including brokerage and legal fees), for any alterations and repairs made, and for the difference between rent received by Landlord under any new lease agreement and the rent installments that are due for the same period under this Lease. d. Landlord may make any payment or perform any act on behalf (e) After re-entry, Lessor may, procure the appointment of Tenant necessary to cure such Default a receiver. Proceedings for appointment of a receiver by Tenant and make all necessary payments in connection therewith, including without limitation the payment of reasonable attorney’s fees, costs and charges of or in connection with any legal proceedings which may have been commended. Tenant shall pay to Landlord, as additional rent upon demand, any amount so paid by Landlord together with interest thereon at the lesser of 18% per annum or the highest rate then allowed by law from the date said payment was due until paid by Tenant. The payment of such interest Lessor shall not excuse or cure any Default by Tenant under this Leaseterminate and forfeit the lease unless Lessor has given written notice of termination to Lessee as provided herein. e. All costs and expenses incurred by Landlord in connection with collecting any amounts and damages owing by Tenant pursuant to the provisions of this Lease or to enforce any provision of this Lease including without limitation reasonable attorney’s fees and Landlord’s internal personnel costs, whether or not any action is commenced by Landlord shall be paid by Tenant to Landlord upon demand. If Landlord without fault is at any time made a party to any litigation instituted by or against Tenant, Tenant shall reimburse to Landlord and shall indemnify and hold Landlord harmless against all costs and expenses, including but not limited to attorney’s fees and Landlord’s internal personnel costs incurred by Landlord in connection therewith. Additionally, if at any time Tenant is in default herein, and Landlord shall issue a notice, in writing by personal, by posting, or by certified mail, to vacate the Premises, Tenant shall, in addition to all other remedies, be liable to Landlord for an administrative fee of $500 for costs incurred by the Landlord in connection with the posting of said notice.

Effect of Default. In the event of any default or breach hereunder, as set forth in addition to any other right or remedy available to Landlordthe immediately preceding paragraph, either at law or in equity, Landlord may (but need not) exercise any one or more the rights of the following rights:Lessor shall be as follows a. Landlord may Lessor shall have the right to cancel and terminate this lease as well as the right, title and interest in Lessee hereunder giving Lessee at least ten (10) business days' notice of the cancellation and termination. Upon the expiration of the time affixed in the notice in accordance with this paragraph , this lease and the right, title and interest in Lessee hereunder, shall terminate in the same manner and with the same force and effect. except as to Lessee's liability, as if the date fixed in the notice of cancellation and termination were the end of the term herein originally determined and Lessee had not exercised any right to renew said lease there under. As of the date fixed in said notice of termination and cancellation, Lessor shall have the right to re-enter the Leased Premises immediately without being premises and take possession thereof. a. Lessor may elect. but shall not be obligated, to make any payment required of Lessee and to comply with agreement, term or condition required hereby to be performed by Lessee. and Lessor shall have the right to re-enter the demised premises for the purpose of correcting or remedying any such default and to remain until the default has been corrected or remedied, but any expenditure or the correction by Lessor shall not be deemed waive payments due to have terminated this Lease and the Lessor or release the default of Lessee or the right of Lessor to take any action as otherwise would be permissible hereunder in the case of any default. b. After the time period mentioned in paragraph 22A has elapsed, Lessor may remove the property and personnel of Tenant without being guilty in any manner of trespass Lessee, and shall have restore the right, but not the obligation, to store such property in a public warehouse or premises at a place selected by Landlord at the risk and expense of Tenant. b. Landlord may terminate this Lease by giving written notice of termination to Tenant. Without such notice, Xxxxxxxx’s re-entering and/or reletting of the Leased Premises will not terminate the Lease. On termination, Landlord may recover from Tenant all damages proximately resulting from the breach, including the cost of recovering the Leased Premises and the value of the balance of the Lease over the reasonable rental value of the Leased Premises for the remainder account of the Lease Term, which sum Lessee. Such restoration of premises by Lessor shall be immediately due Landlord from Tenantto a like condition. c. Landlord may on behalf of Tenant, relet the Leased Premises or any part thereof for any term without being deemed to have terminated this Lease at such rent and on such terms as it may choose. Landlord may make alterations and repairs to the Leased Premises. In addition to Tenant’s continuing Lessee's liability to Landlord for Tenant’s obligations under this Lease, Tenant Lessor shall survive Lessee's eviction and Lessor shall be liable for all expenses of entitled to recover the reletting (including brokerage and legal fees), for any alterations and repairs made, and rent reserved for the difference between rent received by Landlord under any new full lease agreement and the rent installments that term. Lessor's remedies hereunder are due for the same period under this Lease. d. Landlord may make any payment or perform any act on behalf of Tenant necessary to cure such Default by Tenant and make all necessary payments in connection therewith, including without limitation the payment of reasonable attorney’s fees, costs and charges of or in connection with any legal proceedings which may have been commended. Tenant shall pay to Landlord, as additional rent upon demand, any amount so paid by Landlord together with interest thereon at the lesser of 18% per annum or the highest rate then allowed by law from the date said payment was due until paid by Tenant. The payment of such interest shall not excuse or cure any Default by Tenant under this Lease. e. All costs and expenses incurred by Landlord in connection with collecting any amounts and damages owing by Tenant pursuant to the provisions of this Lease or to enforce any provision of this Lease including without limitation reasonable attorney’s fees and Landlord’s internal personnel costs, whether or not any action is commenced by Landlord shall be paid by Tenant to Landlord upon demand. If Landlord without fault is at any time made a party to any litigation instituted by or against Tenant, Tenant shall reimburse to Landlord and shall indemnify and hold Landlord harmless against all costs and expenses, including but not limited to attorney’s fees and Landlord’s internal personnel costs incurred by Landlord in connection therewith. Additionally, if at any time Tenant is in default herein, and Landlord shall issue a notice, in writing by personal, by posting, or by certified mail, to vacate the Premises, Tenant shall, in addition to all other remedies, be liable to Landlord for an administrative fee of $500 for costs incurred any remedies allowed by the Landlord in connection with the posting of said noticelaw.

Effect of Default. In Upon the event occurrence of any default or breach hereunderEvent of Default, in addition to Lessor may pursue any other right or remedy available to Landlord, either at law or in equity, Landlord may (but need not) exercise any one or more of the following rightsremedies: a. Landlord (1) Lessors may declare the term of the Lease ended and may re-enter the Leased Premises immediately without being premises. Re-entry shall not be deemed to have terminated work a forfeiture of any rights which Lessor has under this Lease and Agreement. The Lessor may require the Lessee to remove all personal property from the property and personnel premises. Upon termination of Tenant without being guilty in any manner the lease for default, the entire balance of trespass and shall have the rightrent payments due under this lease with all accrued charges, but not the obligationshall, to store such property in a public warehouse or at a place selected by Landlord at the risk option of the lessor and expense its assignees and without notice to the undersigned become immediately due and payable and may be collected (together with reasonable attorneys fees) forthwith, time being the essence of Tenantthis contract. b. Landlord (2) The Lessor may terminate with or without terminating this Lease by giving written lease and without notice of termination to Tenant. Without such noticetenant, Xxxxxxxx’s re-entering and/or reletting of enter upon the Leased Premises will not terminate the Lease. On termination, Landlord may recover from Tenant all damages proximately resulting from the breach, including the cost of recovering the Leased Premises and the value of the balance of the Lease over the reasonable rental value of the Leased Premises for the remainder of the Lease Term, which sum shall be immediately due Landlord from Tenant. c. Landlord may on behalf of Tenant, relet the Leased Premises premises or any part thereof thereof, take exclusive possession of same and re-let the premises, without advertisement, by private negotiations, and for any term without being deemed to have terminated this Lease at such and rent and on such terms as it may chooserate which Lessor in its sole discretion determines. Landlord may make alterations and repairs to the Leased Premises. In addition to Tenant’s continuing liability to Landlord for Tenant’s obligations under this Lease, Tenant Lessees shall be liable to Lessor for the deficiency, if any, between all rent and other amounts due hereunder for the entire term hereof and the rental paid by any new tenants applicable to the remaining term hereof (or any part thereof) and for all expenses of the reletting (including brokerage and legal fees), for any alterations and repairs made, and for the difference between rent received by Landlord under any new lease agreement and the rent installments that are due for the same period under this Lease. d. Landlord may make any payment or perform any act on behalf of Tenant necessary to cure such Default by Tenant and make all necessary payments in connection therewith, including without limitation the payment of reasonable attorney’s fees, costs and charges of or in connection with any legal proceedings which may have been commended. Tenant shall pay to Landlord, as additional rent upon demand, any amount so paid by Landlord together with interest thereon at the lesser of 18% per annum or the highest rate then allowed by law from the date said payment was due until paid by Tenant. The payment of such interest shall not excuse or cure any Default by Tenant under this Lease. e. All costs and expenses incurred by Landlord in connection with collecting any amounts and damages owing by Tenant pursuant to the provisions of this Lease or to enforce any provision of this Lease including without limitation reasonable attorney’s fees and Landlord’s internal personnel costs, whether or not any action is commenced by Landlord shall be paid by Tenant to Landlord upon demand. If Landlord without fault is at any time made a party to any litigation instituted by or against Tenant, Tenant shall reimburse to Landlord and shall indemnify and hold Landlord harmless against all Lessor's costs and expenses, including but not limited to attorney’s reasonable attorneys, fees and Landlord’s internal personnel costs incurred by Landlord in connection therewith. Additionally, if at any time Tenant is in default herein, and Landlord shall issue a notice, in writing by personal, by posting, or by certified mail, to vacate the Premises, Tenant shall, in addition to all other remedies, be liable to Landlord for an administrative fee of $500 for costs incurred by the Landlord in connection with the posting re-letting. Upon each such re-letting, all rent received by Lessor from such re-letting shall be applied or attributed first to the payment of any indebtedness other than rent due hereunder from Lessee to Lessor; secondly to the payment of any costs and expenses of such re-letting, including reasonable attorneys I fees; and thirdly, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be paid to Lessee. If, during any year hereunder, the net amount of re-letting rent received and attributable to rent due from Lessee hereunder shall be less than the total amount of the rent required to be paid by Lessee during that year, then lessee shall pay any such deficiency to Lessor, such deficiency to be calculated and paid annually. No such re-entry or taking of possession of said noticepremises by Lessor shall be construed as an election on its part to terminate this Lease unless a written notice expressing such intention is given to Lessee; or unless the termination thereof is decreed by a court of competent jurisdiction.

Effect of Default. In the event vent of any default or breach hereunder, as set forth in addition to any other right or remedy available to Landlordthe immediately preceding paragraph, either at law or in equity, Landlord may (but need not) exercise any one or more the rights of the following rightsLessor shall be as follows: a. Landlord may A. Lessor shall have the right to cancel and terminate this lease as well as the right, title and interest in Lessee hereunder giving Lessee at least ten (10) business days notice of the cancellation and termination. Upon the expiration of the time affixed in the notice in accordance with this paragraph, this lease and the right, title and interest in Lessee hereunder, shall terminate in the same manner and with the same force and effect, except as to Lessee’s liability, as if the date fixed in the notice of cancellation and termination were the end of the term herein originally determined and Lessee had not exercised any right to renew said lease there under. As of the date fixed in said notice of termination and cancellation, Lessor shall have the right to re-enter the Leased Premises immediately without being premises and take possession thereof. X. Xxxxxx may elect, but shall not be obligated, to make any payment required of Lessee and to comply with agreement, term or condition required hereby to be performed by Lessee, and Lessor shall have the right to re-enter the demised premises for the purpose of correcting or remedying any such default and to remain until the default has been corrected or remedied, but any expenditure or the correction by Lessor shall not be deemed waive payments due to have terminated this Lease and the Lessor or release the default of Lessee or the right of Lessor to take any action as otherwise would be permissible hereunder in the case of any default. C. After the time period mentioned in paragraph 22A has elapsed, Lessor may remove the property and personnel of Tenant without being guilty in any manner of trespass Lessee, and shall have restore the right, but not the obligation, to store such property in a public warehouse or at a place selected by Landlord at the risk cost of and expense for the account of TenantLessee. Such restoration of property by Lessor shall be to a like condition. b. Landlord may terminate this Lease D. Lessee’s liability to Lessor shall survive Lessee’s eviction and Lessor shall be entitled to recover the rent reserved for the full lease term which shall come due and payable in full, offset only by giving written rent actually received, after the time period in the notice of termination to Tenantand cancellation has elapsed. Without such notice, XxxxxxxxLessor’s re-entering and/or reletting of the Leased Premises will not terminate the Lease. On termination, Landlord may recover from Tenant all damages proximately resulting from the breach, including the cost of recovering the Leased Premises and the value of the balance of the Lease over the reasonable rental value of the Leased Premises for the remainder of the Lease Term, which sum shall be immediately due Landlord from Tenant. c. Landlord may on behalf of Tenant, relet the Leased Premises or any part thereof for any term without being deemed to have terminated this Lease at such rent and on such terms as it may choose. Landlord may make alterations and repairs to the Leased Premises. In addition to Tenant’s continuing liability to Landlord for Tenant’s obligations under this Lease, Tenant shall be liable for all expenses of the reletting (including brokerage and legal fees), for any alterations and repairs made, and for the difference between rent received by Landlord under any new lease agreement and the rent installments that remedies hereunder are due for the same period under this Lease. d. Landlord may make any payment or perform any act on behalf of Tenant necessary to cure such Default by Tenant and make all necessary payments in connection therewith, including without limitation the payment of reasonable attorney’s fees, costs and charges of or in connection with any legal proceedings which may have been commended. Tenant shall pay to Landlord, as additional rent upon demand, any amount so paid by Landlord together with interest thereon at the lesser of 18% per annum or the highest rate then allowed by law from the date said payment was due until paid by Tenant. The payment of such interest shall not excuse or cure any Default by Tenant under this Lease. e. All costs and expenses incurred by Landlord in connection with collecting any amounts and damages owing by Tenant pursuant to the provisions of this Lease or to enforce any provision of this Lease including without limitation reasonable attorney’s fees and Landlord’s internal personnel costs, whether or not any action is commenced by Landlord shall be paid by Tenant to Landlord upon demand. If Landlord without fault is at any time made a party to any litigation instituted by or against Tenant, Tenant shall reimburse to Landlord and shall indemnify and hold Landlord harmless against all costs and expenses, including but not limited to attorney’s fees and Landlord’s internal personnel costs incurred by Landlord in connection therewith. Additionally, if at any time Tenant is in default herein, and Landlord shall issue a notice, in writing by personal, by posting, or by certified mail, to vacate the Premises, Tenant shall, in addition to all other remedies, be liable to Landlord for an administrative fee of $500 for costs incurred any remedies allowed by the Landlord in connection with the posting of said noticelaw.

Effect of Default. In the event of any If a default or breach hereunderoccurs, in addition to any other right or remedy available to Landlord, either at law or in equity, Landlord may (but need not) exercise any one or more of the following rights: a. Landlord may re-enter the Leased Premises immediately without being deemed to have terminated this Lease and remove the property and personnel of Tenant without being guilty in any manner of trespass and Lessor shall have the right, but not the obligation, to store such property in give Lessee a public warehouse or at a place selected by Landlord at the risk and expense of Tenant. b. Landlord may terminate this Lease by giving written notice of termination intention to Tenant. Without such notice, Xxxxxxxx’s re-entering and/or reletting of the Leased Premises will not terminate the Lease. On termination, Landlord may recover from Tenant all damages proximately resulting from the breach, including the cost of recovering the Leased Premises and the value of the balance of the Lease over the reasonable rental value of the Leased Premises for the remainder of the Lease Term, which sum shall be immediately due Landlord from Tenant. c. Landlord may on behalf of Tenant, relet the Leased Premises or any part thereof for any term without being deemed to have terminated cancel this Lease at such rent and on such terms as it may choosethe expiration of a thirty (30) day notice period. Landlord may make alterations and repairs to The written notice shall specify the Leased Premisesbreach. In addition to Tenant’s continuing liability to Landlord for Tenant’s obligations under this Lease, Tenant shall be liable for all expenses At the expiration of the reletting (including brokerage notice period, the term of this Lease shall end if said default has not been cured by Lessee. Lessee must then quit and legal fees), for any alterations and repairs made, and for surrender the difference between rent received by Landlord Premises to Lessor. Lessee's liability under any new lease agreement and the rent installments that are due for the same period under this Lease. d. Landlord may make any payment or perform any act on behalf all of Tenant necessary to cure such Default by Tenant and make all necessary payments in connection therewith, including without limitation the payment of reasonable attorney’s fees, costs and charges of or in connection with any legal proceedings which may have been commended. Tenant shall pay to Landlord, as additional rent upon demand, any amount so paid by Landlord together with interest thereon at the lesser of 18% per annum or the highest rate then allowed by law from the date said payment was due until paid by Tenant. The payment of such interest shall not excuse or cure any Default by Tenant under this Lease. e. All costs and expenses incurred by Landlord in connection with collecting any amounts and damages owing by Tenant pursuant to the provisions of this Lease will continue notwithstanding any expiration and surrender, or reentry, repossession or disposition pursuant to enforce the following paragraph with a set off to Lessee for any provision new rents collections by Lessor from any new tenant during the term of this Lease. In no circumstance shall the above setoff exceed the actual rent paid by Lessee under the terms of this Agreement. If the term of this Lease including without limitation reasonable attorney’s fees expires, Lessor or its agents or employees may immediately or anytime thereafter reenter the Premises and Landlord’s internal personnel costsremove Lessee, whether Lessee's agents, any subtenants, any licensees, any concessionaires and any invitees, and any of its or not their property from the Premises. Reentry and removal may be effectuated by summary dispossession proceedings or by a suitable action or proceeding at law, by force, or otherwise. If the term of this Lease expires, Lessor may repossess and enjoy the Premises. Lessor will be entitled to the benefits of all provisions of law respecting the speedy recovery of lands and tenements held over by Lessee or proceedings in forcible entry and detainer. Lessee's liability, subject to any action is commenced by Landlord set off; will survive Lessor's reentry, the institution of summary proceedings, and the issuance of any warrants with respect thereto. In no circumstance shall be the above setoff exceed the actual rent paid by Tenant to Landlord upon demand. If Landlord without fault is at any time made a party to any litigation instituted by or against Tenant, Tenant shall reimburse to Landlord and shall indemnify and hold Landlord harmless against all costs and expenses, including but not limited to attorney’s fees and Landlord’s internal personnel costs incurred by Landlord in connection therewith. Additionally, if at any time Tenant is in default herein, and Landlord shall issue a notice, in writing by personal, by posting, or by certified mail, to vacate Lessee under the Premises, Tenant shall, in addition to all other remedies, be liable to Landlord for an administrative fee terms of $500 for costs incurred by the Landlord in connection with the posting of said noticethis Agreement.

Effect of Default. In the event of any default or breach hereunder, in addition to any other right or remedy available to Landlord, either at law or in equity, Landlord may (but need not) exercise exert any one or more of the following rights: a. Landlord may re-enter the Leased Premises immediately without being deemed to have terminated this Lease and remove the property and personnel of Tenant without being guilty in any manner of trespass Tenant, and shall have the right, but not the obligation, to store such property in a public warehouse or at a place selected by Landlord Landlord, at the risk and expense of Tenant. b. Landlord may retake the Premises and may terminate this Lease by giving written notice of termination to Tenant. Without such notice, XxxxxxxxLandlord’s re-entering and/or reletting of the Leased Premises retaking will not terminate the Lease. On termination, Landlord may recover from Tenant all damages proximately resulting from the breach, including the cost of recovering the Leased Premises and the value of difference between the rent due for the balance of the Lease over term as though the reasonable Lease had not been terminated and the fair market rental value of the Leased Premises for the remainder balance of the Lease Term, term as though the Lease had not been terminated which sum shall be immediately due Landlord from Tenant. c. Landlord may on behalf of Tenant, relet re-let the Leased Premises or any part thereof for any term without being deemed to have terminated terminating this Lease Lease, at such rent and on such terms as it may may, choose. Landlord may make alterations and repairs to the Leased Premises. In addition to Tenant’s continuing liability to Landlord for Tenant’s obligations under breach of this Lease, Tenant shall be liable for all expenses of the reletting (including brokerage and legal fees)re-letting, for any alterations and repairs made, and for the difference between rent due for the balance of the Lease term, which sum shall be immediately due Landlord from Tenant. The amount due Landlord will be reduced by the net rent received by Landlord under any new lease agreement and during the rent installments that are due for the same period under this Lease. d. Landlord may make any payment or perform any act on behalf of Tenant necessary to cure such Default by Tenant and make all necessary payments in connection therewith, including without limitation the payment of reasonable attorney’s fees, costs and charges of or in connection with any legal proceedings which may have been commended. Tenant shall pay to Landlord, as additional rent upon demand, any amount so paid by Landlord together with interest thereon at the lesser of 18% per annum or the highest rate then allowed by law from the date said payment was due until paid by Tenant. The payment of such interest shall not excuse or cure any Default by Tenant under this Lease. e. All costs and expenses incurred by Landlord in connection with collecting any amounts and damages owing by Tenant pursuant to the provisions remaining term of this Lease from re-letting the Premises or to enforce any provision part thereof. If during the remaining term of this Lease including without limitation reasonable attorney’s fees and Landlord’s internal personnel costsLandlord receives more than the amount due Landlord under this sub-paragraph, whether or not any action is commenced by the Landlord shall be paid by Tenant pay such excess to Landlord upon demand. If Landlord without fault is at any time made a party to any litigation instituted by or against Tenant, but only to the extent Tenant shall reimburse has actually made payment pursuant to Landlord and shall indemnify and hold Landlord harmless against all costs and expenses, including but not limited to attorney’s fees and Landlord’s internal personnel costs incurred by Landlord in connection therewith. Additionally, if at any time Tenant is in default herein, and Landlord shall issue a notice, in writing by personal, by posting, or by certified mail, to vacate the Premises, Tenant shall, in addition to all other remedies, be liable to Landlord for an administrative fee of $500 for costs incurred by the Landlord in connection with the posting of said noticethis sub-paragraph.

Effect of Default. In the event of any default or breach hereunder, as set forth in addition Article Ten, the rights of Lessor shall be as follows: 1. Lessor shall have the right to any other right or remedy available to Landlordcancel and terminate this lease, either at law or in equity, Landlord may (but need not) exercise any one or more as well as all of the following rights:right, title and interest of Lessee hereunder, by giving the Lessee not less than ten (10) days' notice of the cancellation and termination. On expiration of the time fixed in the notice, this lease and the right, title and interest of Lessee hereunder shall terminate in the same manner and with the same force and effect, except as to Lessee's liability, as if the date fixed in the notice of cancellation and termination were the end of the term herein originally determined. a. Landlord 2. Lessor may elect, but shall not be obligated, to make any payment required of Lessee herein or comply with any agreement, term or condition required hereby to be performed by Lessee, and Lessor shall have the right to enter the demised premises for the purpose of correcting or remedying any such default and to remain until the default has been corrected or remedied, but any expenditure for the correction by Lessor shall not be deemed to waive or release the default of Lessee or the right of Lessor to take any action as may be otherwise permissible hereunder in the case of any default. 3. Lessor may re-enter the Leased Premises premises immediately without being deemed to have terminated this Lease and remove the property and personnel of Tenant without being guilty in any manner of trespass Lessee, and shall have store the right, but not the obligation, to store such property in a public warehouse or at a place selected by Landlord Lessor, at the risk and expense of Tenant. b. Landlord Lessee. After re-entry, Lessor may terminate this Lease by the lease on giving ten (10) days' written notice of termination to TenantLessee. Without such With the notice, Xxxxxxxx’s re-entering and/or reletting of the Leased Premises entry will not terminate the Leaselease. On termination, Landlord Lessor may recover from Tenant Lessee all damages proximately approximately resulting from the breach, including the cost of recovering the Leased Premises premises, and the value worth of the balance of the Lease this lease over the reasonable rental value of the Leased Premises premises for the remainder of the Lease Termlease term, which sum shall be immediately due Landlord Lessor from TenantLessee. Notwithstanding the rights of Lessor hereunder relative to re-entry and termination, he may elect not to re-enter and not to terminate this lease, but to hold Lessee liable for the payment of the full rental for the remainder of the term of this lease. c. Landlord 4. After re-entry, Lessor may on behalf of Tenant, relet the Leased Premises premises or any part thereof for any term without being deemed to have terminated this Lease terminating the lease, at such the rent and on such the terms as it Lessor may choose. Landlord Lessor may make alterations and repairs to the Leased Premisespremises. The duties and liabilities of the parties if the premises are relet as provided herein shall be as follows: (a) In addition to Tenant’s continuing Lessee's liability to Landlord Lessor for Tenant’s obligations under this Leasebreach of the lease, Tenant Lessee shall be liable for all expenses of the reletting (including brokerage and legal fees)reletting, for any the alterations and repairs made, and for the difference between the rent received by Landlord Lessor under any the new lease agreement and the rent installments that are due for the same period under this Leaselease. d. Landlord may make any payment or perform any act on behalf of Tenant necessary to cure such Default by Tenant and make all necessary payments in connection therewith(b) Lessor shall have the right, including without limitation the payment of reasonable attorney’s fees, costs and charges of or in connection with any legal proceedings which may have been commended. Tenant shall pay to Landlord, as additional rent upon demand, any amount so paid by Landlord together with interest thereon at the lesser of 18% per annum or the highest rate then allowed by law from the date said payment was due until paid by Tenant. The payment of such interest but shall not excuse or cure any Default by Tenant be required, to apply the rent received from reletting the premises (1) to reduce the indebtedness of Lessee to Lessor under the lease, not including indebtedness for rent, (2) to expenses of the reletting and altera- tions and repairs made, (3) to rent due under this Lease. e. All costs and expenses incurred by Landlord in connection with collecting any amounts and damages owing by Tenant pursuant to the provisions of this Lease or to enforce any provision of this Lease including without limitation reasonable attorney’s fees and Landlord’s internal personnel costslease, whether or not any action is commenced by Landlord shall be paid by Tenant to Landlord upon demand. If Landlord without fault is at any time made a party to any litigation instituted by or against Tenant, Tenant shall reimburse to Landlord and shall indemnify and hold Landlord harmless against all costs and expenses, including but not limited to attorney’s fees and Landlord’s internal personnel costs incurred by Landlord in connection therewith. Additionally, if at any time Tenant is in default herein, and Landlord shall issue a notice, in writing by personal, by posting, or by certified mail, to vacate the Premises, Tenant shall, in addition to all other remedies, be liable to Landlord for an administrative fee of $500 for costs incurred by the Landlord in connection with the posting of said notice.or

Effect of Default. In the event of any default or breach hereunder, in addition to any other right or remedy available to Landlord, either at law or in equity, Landlord may (but need not) exercise exert any one or more of the following rights: a. (a) Landlord may re-enter the Leased Premises immediately without being deemed to have terminated this Lease and remove the property and personnel of Tenant without being guilty in any manner of trespass Tenant, and shall have the right, but not the obligation, to store such property in a public warehouse or at a place selected by Landlord Landlord, at the risk and expense of Tenant. b. (b) Landlord may retake the Premises and may terminate this Lease by giving written notice of termination to Tenant. Without such notice, Xxxxxxxx’s re-entering and/or reletting of the Leased Premises Landlord's retaking will not terminate the Lease. On termination, Landlord may recover from Tenant all damages proximately resulting from the breach, including the cost of recovering the Leased Premises and the value of difference between the rent due for the balance of the Lease over term, as though the Lease had not been terminated, and the reasonable rental value of the Leased Premises for the remainder of the Lease TermPremises, which sum shall be immediately due Landlord from Tenant. c. (c) Landlord may on behalf of Tenant, relet the Leased Premises or any part thereof for any term without being deemed to have terminated terminating this Lease Lease, at such rent and on such terms as it may choose. Landlord may make alterations and repairs to the Leased Premises. In addition to Tenant’s continuing 's liability to Landlord for Tenant’s obligations under breach of this Lease, Tenant shall be liable for all expenses of the reletting (including brokerage and legal fees)reletting, for any alterations and repairs made, and for the difference between rent due for the balance of the Lease term, which sum shall be immediately due Landlord from Tenant. The amount due Landlord will be reduced by the net rent received by Landlord under any new lease agreement and during the rent installments that are due for the same period under this Lease. d. Landlord may make any payment or perform any act on behalf of Tenant necessary to cure such Default by Tenant and make all necessary payments in connection therewith, including without limitation the payment of reasonable attorney’s fees, costs and charges of or in connection with any legal proceedings which may have been commended. Tenant shall pay to Landlord, as additional rent upon demand, any amount so paid by Landlord together with interest thereon at the lesser of 18% per annum or the highest rate then allowed by law from the date said payment was due until paid by Tenant. The payment of such interest shall not excuse or cure any Default by Tenant under this Lease. e. All costs and expenses incurred by Landlord in connection with collecting any amounts and damages owing by Tenant pursuant to the provisions remaining term of this Lease from reletting the Premises or to enforce any provision part thereof. If during the remaining term of this Lease including without limitation reasonable attorney’s fees and Landlord’s internal personnel costsLease, whether or not any action is commenced by Landlord receives more than the amount due Landlord under this sub-paragraph, the Landlord shall be paid by Tenant pay such excess to Landlord upon demand. If Landlord without fault is at any time made a party to any litigation instituted by or against Tenant, but only to the extent Tenant shall reimburse has actually made payment pursuant to Landlord and shall indemnify and hold Landlord harmless against all costs and expenses, including but not limited to attorney’s fees and Landlord’s internal personnel costs incurred by Landlord in connection therewith. Additionally, if at any time Tenant is in default herein, and Landlord shall issue a notice, in writing by personal, by posting, or by certified mail, to vacate the Premises, Tenant shall, in addition to all other remedies, be liable to Landlord for an administrative fee of $500 for costs incurred by the Landlord in connection with the posting of said noticethis sub-paragraph.