Common use of Events of Default and Landlords Remedies Clause in Contracts

Events of Default and Landlords Remedies. The following events are referred to collectively as “Events of Default” in this Lease: 1. Tenant fails to pay within (10) days after it is due the Rent, or any part thereof that is not the subject of a good faith dispute which Xxxxxx has notified Landlord of in writing, and which still may be pending and unresolved at the time of such alleged failure to pay Rent; 2. Tenant defaults in the performance of any material covenant or condition of this Lease (other than those identified in Section 19 above, including without limitation, causing damage to the Premises, and fails to commence to secure the default within three (3) days after receipt of written notice thereof by Xxxxxxxx and complete the cure of the default within (15) days after receipt of written notice thereof by Landlord, except in such cases where a cure cannot be reasonably completed within said fifteen (15) days, in which case Tenant shall undertake said cure with 15 days of receipt of written notice, and shall prosecute the same diligently until completion; or 3. Tenant files a voluntary petition of bankruptcy or as adjudicated as bankrupt or insolvent or seeks any similar relief under any bankruptcy or insolvency statute, or if Tenant is involuntarily placed in bankruptcy and such petition is not dismissed within thirty (3) days of filing. 4. If any one or more Events of Default occur, then Landlord has the right, at its election: a. To give Tenant written notice of Xxxxxxxx’s intention to terminate this Lease on the earliest date permitted by law or on any later date specified in such notice, in which case Xxxxxx’s right to possession of the Premises will case and this Lease will be terminated, except as to Tenant’s liability, as if the expiration of the term fixed in such notice were the end of the Term; b. Upon at least twenty-four (24) hours’ written notice to Tenant after the termination or expiration of the Term as indicated in the notice provided for in the above section to reenter and take possession of the Premises or any part of the Premises, repossess the same, expel Tenant and those claiming through or under Tenant, and remove the effects of both or either, and, if required by law and/or desired by Landlord, through summary proceedings or other legal process, without being deemed guilty or any manner of trespass, and without prejudice to any remedies for arrears of Rent or other amounts payable under this Lease or as a result of any preceding breach of covenants or conditions through the date of such termination; or c. Without further demand or notice, to cure any Event of Default and to charge the Tenant for the cost of effecting such cure, provided that, Landlord will have no obligation to cure any such Event of Default of Tenant. d. In the event that Landlord elects to terminate this Lease as permitted in Section 19 above or elects to take possession as provided in that section, Tenant will pay to Landlord: (A) the net present value of the Rent which would become due and payable for the balance of the Term, as if such repossession had not occurred, less (B) the net proceeds, if any, from reletting the Premises after deducting all Landlord’s expenses in connection with such reletting, including without limitation, all repossession costs, brokerage commissions, marketing expenses, attorneys’ fees and costs, alteration and repair costs, and reasonable expenses of preparation for such reletting. In no event shall the amount credited to Tenant against the Rent exceed the Rent due to Landlord under this Lease. e. If this Lease is terminated on account of the occurrence of an Event of Default, Tenant will remain liable to Landlord for damages in an amount equal to the Rent which would have been owing by Tenant for the balance of the Term, had this Lease not been terminated, less the net proceeds (but never more than the Rent due under this Lease), if any, from reletting the Premises after deducting all Landlord’s out-of-pocket expenses in connection with such reletting, including without limitation, all repossession costs, brokerage commissions, marketing expenses, attorney’s fees and costs, alteration and repair costs, and reasonable out-of-pocket expenses of preparation for such reletting. f. Any suit or suits for the recovery of the amounts and damages set forth in this Lease may be brought by Landlord, from time to time, at Landlord’s election, and nothing in this Lease will be deemed to require Landlord to await the date upon which this Lase or the Term would have expired had there occurred no Event of Default. Each right and remedy provided for in this Lease is cumulative, to the extend permitted by law, and is in addition to every other right or remedy provided for in this Lease or now or after the Commencement Date existing at law or in equity or by statute or otherwise. All reasonable costs incurred by Landlord in collecting any amounts and damages owing by Tenant pursuant to the provisions of this Lease or to enforce any provision of this Lease, including reasonable attorneys’ fees, shall also be recoverable by Landlord as Additional Rent.

Events of Default and Landlords Remedies. The following events are referred to collectively as “Events All rights and remedies of Default” the Landlord herein enumerated in this Lease:the event of a default, shall be cumulative and nothing herein shall exclude any other right or remedy allowed by law, 1. Tenant fails to pay within (10a) days after it is due the RentIf any voluntary or involuntary petition or similar proceeding under any section or sections of any bankruptcy act shall be filed by or against Tenant, or any part thereof that is voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare Tenant insolvent or unable to pay Tenant"s debts, then and in any such event Landlord may, if, Landlord elects, but not the subject of a good faith dispute which Xxxxxx has notified Landlord of in writingotherwise, and which still may be pending and unresolved at the time of such alleged failure to pay Rent; 2. Tenant defaults in the performance of any material covenant with or condition of this Lease (other than those identified in Section 19 above, including without limitation, causing damage to the Premises, and fails to commence to secure the default within three (3) days after receipt of written notice thereof by Xxxxxxxx and complete the cure of the default within (15) days after receipt of written notice thereof by Landlord, except in such cases where a cure cannot be reasonably completed within said fifteen (15) days, in which case Tenant shall undertake said cure with 15 days of receipt of written notice, and shall prosecute the same diligently until completion; or 3. Tenant files a voluntary petition of bankruptcy or as adjudicated as bankrupt or insolvent or seeks any similar relief under any bankruptcy or insolvency statute, or if Tenant is involuntarily placed in bankruptcy and such petition is not dismissed within thirty (3) days of filing. 4. If any one or more Events of Default occur, then Landlord has the right, at its election: a. To give Tenant written notice of Xxxxxxxx’s intention to election, forthwith terminate this Lease on the earliest date permitted by law or on any later date specified in such notice, in which case Xxxxxx’s right to possession of the Premises will case and this Lease will be terminated, except as to Tenant’s liability, as if the expiration of the term fixed in such notice were the end of the Term; b. Upon at least twenty-four (24) hours’ written notice to Tenant after the termination or expiration of the Term as indicated in the notice provided for in the above section to reenter and take possession of the Premises or any part of the Premises, repossess the same, expel Tenant and those claiming through or under Tenant, and remove the effects of both or eitherLease, and, if required by law and/or desired by Landlordnotwithstanding any other provisions of this Lease, through summary proceedings or other legal processLandlord shall forthwith, without being deemed guilty or any manner of trespass, and without prejudice to any remedies for arrears of Rent or other amounts payable under this Lease or as a result of any preceding breach of covenants or conditions through the date of upon such termination; or c. Without further demand or notice, be entitled to cure any Event of Default and to charge the Tenant for the cost of effecting such cure, provided that, Landlord will have no obligation to cure any such Event of Default of Tenant. d. In the event that Landlord elects to terminate this Lease as permitted in Section 19 above or elects to take possession as provided in that section, Tenant will pay to Landlord: (A) the net present value of the Rent which would become due and payable for the balance of the Term, as if such repossession had not occurred, less (B) the net proceeds, if any, from reletting the Premises after deducting all Landlord’s expenses in connection with such reletting, including without limitation, all repossession costs, brokerage commissions, marketing expenses, attorneys’ fees and costs, alteration and repair costs, and reasonable expenses of preparation for such reletting. In no event shall the amount credited to Tenant against the Rent exceed the Rent due to Landlord under this Lease. e. If this Lease is terminated on account of the occurrence of an Event of Default, Tenant will remain liable to Landlord for recover damages in an amount equal to the Rent which would have been owing by Tenant present value of the rent, specified in Section 3 of this Lease, for the balance remainder of the Term, had this Lease not been terminatedstated term hereof, less the net proceeds fair rental value of the Premises for the residue of the stated term. (b) If the Tenant defaults in the payment of rent or in the prompt and full performance of any provision of this Lease (including rules and regulations) or if the leasehold interest of the Tenant be levied upon under execution or be attached by process of law, or if the Tenant makes an assignment for the benefit of creditors, or if a receiver be appointed for any property of the Tenant, or if the Tenant abandons the Premises, then and in any such event the Landlord may, if the Landlord so elects, but never more than not otherwise. upon three (3) days" written notice of such election, either forthwith terminate this Lease and the Rent due under Tenant"s right to possession of the Premises, or without terminating this Lease), if any, from reletting forthwith terminate the Premises after deducting all Landlord’s out-of-pocket expenses in connection with such reletting, including without limitation, all repossession costs, brokerage commissions, marketing expenses, attorney’s fees and costs, alteration and repair costs, and reasonable out-of-pocket expenses of preparation for such reletting. f. Any suit or suits for the recovery Tenant"s right to possession of the amounts and Premises, but the Tenant shall remain liable for damages set forth in this Lease may be brought by Landlord, from time to time, at Landlord’s election, and nothing in this Lease will be deemed to require Landlord to await the date upon which this Lase or the Term would have expired had there occurred no Event of Default. Each right and remedy provided for in this Lease is cumulative, to the extend as permitted by law, and as provided for herein. (c) Upon any termination of this Lease whether by lapse of time or otherwise, or upon any termination of the Tenant"s right to possession Without termination of the Lease, the Tenant shall surrender possession and vacate the Premise immediately, and deliver possession thereof to the Landlord and, without prejudice to any other remedy which Landlord may have, Tenant does hereby grant to the Landlord in such event, full and free license to enter into and upon the Premises (by picking locks and changing locks is deemed necessary by Landlord) with or without process of law to repossess the Premises, and to expel or remove the Tenant and any others who may be occupying or within the Premises and to remove any and all property therefrom, using such force as may be necessary, without being deemed in addition any manner guilty of trespass, eviction or forcible entry or detainer, without relinquishing the Landlord". rights to every rent or any other right or remedy provided for in this Lease or now or after given to the Commencement Date existing at law or in equity Landlord hereunder, or by statute operation of law. Except for the three (3) day notice set forth in (b) above, the Tenant expressly waives the service of any other demand for the payment of rent or otherwise. All reasonable costs incurred by Landlord in collecting for possession and the service of any amounts and damages owing by Tenant pursuant notice of the Landlord"s election to the provisions of terminate this Lease or to enforce re-enter the Premises, including any provision and every form of demand and notice prescribed by any statute or other law, and agrees that the simple breach of any covenant or provisions of this Lease, including reasonable attorneys’ feesby the Tenant, shall also be recoverable shall, of itself, without the service of any notice or demand whatsoever, permit the exercise by Landlord as Additional Rentof any of the remedies provided to Landlord hereunder.

Events of Default and Landlords Remedies. The 20.1. Each of the following events are referred to collectively as shall be deemed a “Events of Default” by Master Tenant, and after the occurrence of any of the following, Master Tenant shall be “in Default” under this LeaseAgreement: 120.1.1. A failure on the part of Master Tenant fails to pay any installment of Rent on the date such Rent becomes due, which failure is not cured within ten (10) days after it is due Landlord delivers written notice of such failure to Master Tenant; 20.1.2. A failure (i) on the Rentpart of Master Tenant, whether by action or inaction, to observe or perform any of the other terms, covenants or conditions of this Agreement, or (ii) of any part thereof material representation or warranty made by Master Tenant in this Agreement to be accurate in all material respects, which failure to observe or perform or to be accurate (or, in the case of an inaccurate representation or warranty, the adverse effect therefrom) is not cured within thirty (30) days after Landlord delivers written notice of such failure to Master Tenant, provided, however, that if such failure (or, if applicable, adverse effect) is subject to cure but cannot be cured within such thirty (30) day period, Master Tenant shall not be in Default hereunder if it promptly commences, and diligently pursues, the curing of such failure or adverse effect; provided further, however, that if such cure period shall exceed ninety (90) days, and such Default is not the subject result of a good faith dispute which Xxxxxx has notified an affirmative act by Master Tenant, then Master Tenant shall thereafter be provided additional time to cure such Default. In the event that Master Tenant satisfies the standards for such additional time then Master Tenant shall provide Landlord with written notice advising Landlord of in writingMaster Tenant’s reasonable estimate of the necessary cure period and Master Tenant shall thereafter provide Landlord, and which still may be pending and unresolved at by way of monthly reports, the time status of such alleged cure. If Master Tenant fails to cure the failure within the originally estimated curative period, without reasonable cause, such failure shall constitute a “Default” hereunder. Notwithstanding the foregoing, Landlord, by written notice to pay RentMaster Tenant, may limit the aggregate cure period to not more than one hundred and twenty (120) days; 220.1.3. Tenant defaults The leasehold hereunder demised is taken on execution or other process of law in the performance of any material covenant or condition of this Lease (other than those identified in Section 19 above, including without limitation, causing damage to the Premises, and fails to commence to secure the default within three (3) days after receipt of written notice thereof by Xxxxxxxx and complete the cure of the default within (15) days after receipt of written notice thereof by Landlord, except in such cases where a cure cannot be reasonably completed within said fifteen (15) days, in which case Tenant shall undertake said cure with 15 days of receipt of written notice, and shall prosecute the same diligently until completion; oraction against Master Tenant; 320.1.4. If Master Tenant files a voluntary petition of in bankruptcy or as is adjudicated as bankrupt or insolvent insolvent, or files any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or any future applicable federal, state or other statute or law relative to bankruptcy, insolvency, or other relief for debtors, or seeks or consents to or acquiesces in the appointment of any trustee, receiver, conservator or liquidator of Master Tenant or of all or any substantial part of Master Tenant’s properties or Master Tenant’s interest in this Agreement; (the term “acquiesce” as used in this Section 20.1.4 includes, without limitation, the failure to file a petition or motion to vacate or discharge any order, judgment or decree within five (5) days after entry of such order, judgment or decree); or a court of competent jurisdiction enters an order, judgment or decree approving a petition filed against Master Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present or any future federal bankruptcy or insolvency statuteact, or if any other present or future applicable federal, state or other statute or law relating to bankruptcy, insolvency or other relief for debtors, and Master Tenant is involuntarily placed acquiesces in bankruptcy the entry of such order, judgment or decree or such order, judgment or decree remains unvacated and unstayed for an aggregate of one hundred and twenty (120) days (whether or not consecutive) from the date of entry thereof, or any trustee, receiver, conservator or liquidator of Master Tenant or of all or any substantial part of Master Tenant’s property or Master Tenant’s interest in this Agreement shall be appointed without the consent or acquiescence of Master Tenant and such petition appointment remains unvacated and unstayed for an aggregate of one hundred and twenty (120) days (whether or not consecutive); 20.1.5. If this Agreement or any estate of Master Tenant hereunder shall be levied upon under any attachment or execution and such attachment or execution is not dismissed vacated within thirty one hundred and twenty (3120) days days; 20.1.6. Master Tenant or Master Tenant’s general partner or manager shall cause or institute any proceeding, or a final and non-appealable court order shall be issued, for the dissolution or termination of filingMaster Tenant or Master Tenant’s general partner or manager; 20.1.7. If Master Tenant makes a general assignment for the benefit of creditors or takes any other similar action for the protection or benefit of credits; or 20.1.8. If Master Tenant takes or fails to take any action which is in violation of the Lender Requirements and (i) such violation is not cured within any applicable cure periods under the Permitted Mortgage, and (ii) the obligation secured by any Permitted Mortgage is accelerated by reason thereof. 420.2. If In the event of any Default by Master Tenant as hereinabove provided in this Section, Landlord shall have the option to pursue any one or more Events of Default occurthe following remedies without any notice (except as otherwise specifically set forth herein) or demand for possession whatsoever: (i) with ten (10) days’ prior written notice, then Landlord has the right, at its election: a. To give Tenant written notice of Xxxxxxxx’s intention to terminate this Lease on the earliest date permitted by law or on any later date specified in such noticeAgreement, in which case Xxxxxxevent Master Tenant shall immediately surrender the Project to Landlord; (ii) with ten (10) days’ prior written notice, terminate Master Tenant’s right to possession of occupy and possess the Premises will case Project and this Lease will be terminated, except as to Tenant’s liability, as if the expiration of the term fixed in such notice were the end of the Term; b. Upon at least twenty-four (24) hours’ written notice to Tenant after the termination or expiration of the Term as indicated in the notice provided for in the above section to reenter and take possession of the Premises or Project (without terminating this Agreement); (iii) enter the Project and do whatever Master Tenant is obligated to do under the terms of this Agreement and Master Tenant agrees to reimburse Landlord on demand for any part of the Premises, repossess the same, expel Tenant and those claiming through or expenses which Landlord may incur in effecting compliance with Master Tenant’s obligations under Tenantthis Agreement, and remove the effects Master Tenant further agrees that Landlord shall not be liable for any damages resulting to Master Tenant from such action; (iv) exercise its rights under Section 9.3 of both this Agreement; and (v) exercise all other remedies available to Landlord at law or eitherin equity, and, if required by law and/or desired by Landlord, through summary proceedings or other legal processincluding, without being deemed guilty or any manner limitation, injunctive relief of trespass, and without prejudice to any remedies for arrears of Rent or other amounts payable under this Lease or as a result of any preceding breach of covenants or conditions through the date of such termination; or c. Without further demand or notice, to cure any Event of Default and to charge the Tenant for the cost of effecting such cure, provided that, Landlord will have no obligation to cure any such Event of Default of Tenantall varieties. d. 20.2.1. In the event that Landlord elects to terminate this Lease as permitted in Section 19 above or Agreement, then, notwithstanding such termination, Master Tenant shall be liable for and shall pay to Landlord the sum of all Rent accrued to the date of such termination. In the event that Landlord elects to take possession of the Project and terminate Master Tenant’s right to occupy the Project without terminating this Agreement, Landlord shall have the right to enforce all its rights and remedies under this Agreement, including the right to recover all Rent as provided in that sectionit becomes due under this Agreement. In addition, Master Tenant will shall be liable for and shall pay to Landlord: (A) the net present value of the Rent which would become due and payable for the balance of the TermLandlord on demand, as if such repossession had not occurred, less (B) the net proceeds, if any, from reletting the Premises after deducting all Landlord’s expenses in connection with such reletting, including without limitation, all repossession costs, brokerage commissions, marketing expenses, attorneys’ fees and costs, alteration and repair costs, and reasonable expenses of preparation for such reletting. In no event shall the amount credited to Tenant against the Rent exceed the Rent due to Landlord under this Lease. e. If this Lease is terminated on account of the occurrence of an Event of Default, Tenant will remain liable to Landlord for damages in an amount equal to (i) the Rent which would have been owing by Tenant for the balance of the Term, had this Lease not been terminated, less the net proceeds (but never more than the Rent due under this Lease), if any, from reletting the Premises after deducting all Landlord’s reasonable and documented out-of-pocket expenses in connection with such relettingcosts of recovering possession of the Project, including without limitation, all repossession costs, brokerage commissions, marketing expenses, attorney’s fees (ii) the reasonable and costs, alteration and repair costs, and reasonable documented out-of-pocket expenses costs of preparation removing and storing Master Tenant’s and any other occupant’s (except for such relettingall permitted Sublessees) property located therein, (iii) the reasonable and documented out-of-pocket costs of repairs to the Project accruing only during the period in which Master Tenant occupied the Project, and (iv) the reasonable and documented out-of-pocket costs of collecting any of the foregoing amounts from Master Tenant. Notwithstanding the foregoing, Landlord shall use reasonable efforts to mitigate all damages and costs resulting from any actions taken under this Agreement. f. Any suit 20.2.2. In the event Landlord elects to re-enter or suits take possession of the Project after Master Tenant’s Default, Master Tenant hereby waives notice of such re-entry or repossession and of Landlord’s intent to re-enter or retake possession. Landlord may, without prejudice to any other remedy which Landlord may have, expel or remove Master Tenant and any other person who may be occupying said Project or any part thereof (other than any Sublessee under a Sublease). All of Landlord’s remedies shall be cumulative and not exclusive. Forbearance by Landlord to enforce one or more of the remedies herein provided upon an event of Default shall not be deemed or construed to constitute a waiver of such Default. 20.2.3. This Section shall be enforceable to the maximum extent not prohibited by applicable law, and the unenforceability of any portion thereof shall not thereby render unenforceable any other portion. No act by Landlord or Landlord’s agents during the Term of this Agreement shall be deemed an acceptance of an attempted surrender of the Project, and no agreement to accept a surrender of the Project shall be valid unless made in writing and signed by Landlord. No re-entry or taking of possession of the Project by Landlord shall be construed as an election on Landlord’s part to terminate this Agreement unless a written notice of such termination is given to Master Tenant. 20.2.4. Damages under this Section 20.2 shall be the following: (i) the amount of any rent deficiency, to the extent that the payment of rent by the Sublessees is deficient to pay the Rent, all reasonable and documented legal expenses and other related reasonable and documented out-of-pocket costs incurred by Landlord following Master Tenant’s Default, (ii) all reasonable and documented out-of-pocket costs incurred by Landlord in restoring the Project to good order and condition; and (iii) any other damages available to Landlord under applicable law. 20.3. If Landlord shall enter into and repossess the Project by reason of the Default of Master Tenant in the performance of any of the terms, covenants or conditions herein contained, then in that event Master Tenant hereby covenants and agrees that Master Tenant shall not claim the right to redeem or re-enter the Project or restore the operation of this Agreement, and Master Tenant hereby waives any right to such redemption and re-entry under any present or future law, and does hereby further, for any party claiming through or under Master Tenant, expressly waive its right, if any, to make payment of any sum or sums of rent, or otherwise, of which Master Tenant shall have been in Default under any of the covenants of this Agreement, and to claim any subrogation to the rights of Master Tenant under this Agreement, or any of the covenants thereof, by reason of such payment. 20.4. No receipt of monies by Landlord from Master Tenant after the termination or cancellation of this Agreement in any lawful manner shall reinstate, continue or extend the Term of this Agreement, or affect any notice given to Master Tenant, or operate as a waiver of the right of Landlord to enforce the payment of Rent then due, or operate as a waiver of the right of Landlord to recover possession of the Project by proper suit, action, proceeding or remedy: it being agreed that, after the service of notice to terminate or cancel this Agreement, or the commencement of suit, action or summary proceedings, or any other remedy, or after a final order or judgment for the possession of the Project, Landlord may demand, receive and collect any monies due, without in any manner affecting such notice, proceeding, suit, action, order or judgment; and any and all such monies collected shall be deemed to be payment on account of the use and occupation or Master Tenant’s liability hereunder. 20.5. The failure of Landlord to insist in any one or more instances upon a strict performance of any of the covenants of this Agreement, or to exercise any option herein contained, shall not be construed as a waiver of or relinquishment for the future of the performance of such a covenant, or the right to exercise such option, but the same shall continue and remain in full force and effect. The receipt by Landlord of Rent, with knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by Landlord of any provision hereof shall be deemed to have been made unless expressed in writing and signed by Landlord. 20.6. All the rights and remedies herein given to Landlord for the recovery of the amounts and damages set forth Project because of the Default by Master Tenant in this Lease the payment of any sums which may be brought by Landlordpayable pursuant to the terms of this Agreement, from time to time, at Landlord’s election, and nothing in this Lease will be deemed to require Landlord to await the date upon which this Lase or the Term would have expired had there occurred no Event right to re-enter and take possession of the Project upon the happening of any event of Default. Each , or the right to maintain any action for rent or damages and remedy provided for in this Lease is cumulative, to the extend permitted by law, all other rights and is in addition to every other right or remedy provided for in this Lease or now or after the Commencement Date existing remedies allowed at law or in equity or by statute or otherwise. All reasonable costs incurred equity, are hereby reserved and conferred upon Landlord as distinct, separate and cumulative rights and remedies, and no one of them, whether exercised by Landlord in collecting any amounts and damages owing by Tenant pursuant to the provisions of this Lease or to enforce any provision of this Lease, including reasonable attorneys’ feesnot, shall also be recoverable by Landlord as Additional Rentdeemed to be in exclusion of any of the others.

Events of Default and Landlords Remedies. 12.1. The occurrence of any one or more of the following events are referred to collectively as “Events of Default” shall put Tenant in “Default” under this Lease: 1. Lease and be a material breach by Tenant: (a) Tenant fails shall fail to pay within any amount to Landlord when due which failure continues for ten (10) days after it is due the Rent, or Landlord gives notice to Tenant; (b) Tenant shall fail to perform any part thereof that is not the subject of a good faith dispute which Xxxxxx has notified Landlord of in writing, and which still may be pending and unresolved at the time of such alleged failure to pay Rent; 2. Tenant defaults in the performance of any material other covenant or condition of agreement in this Lease Lease, which failure continues for thirty (other than those identified in Section 19 above, including without limitation, causing damage to the Premises, and fails to commence to secure the default within three (330) days after receipt of written Landlord gives notice thereof by Xxxxxxxx and complete the to Tenant (except said 30 day period shall be extended so long as Tenant commences to cure of the said default within the 30 days period and is proceeding diligently to completion); or (15c) days after receipt of written notice thereof by Landlord, except in such cases where a cure cannot be reasonably completed within said fifteen (15) days, in which case Tenant shall undertake said cure with 15 days make a general assignment for the benefit of receipt of written noticecreditors; or shall admit in writing its inability to pay its debts as they become due; or shall file (or have filed against it without dismissal in 30 days) a petition in any proceeding seeking any reorganization, and shall prosecute the same diligently until completion; or 3. Tenant files a voluntary petition of bankruptcy arrangement, composition, readjustment, liquidation, dissolution or as adjudicated as bankrupt or insolvent or seeks any similar relief under any bankruptcy present or insolvency future statute, law or if Tenant is involuntarily placed regulation or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or any substantial part of its property; or it shall be adjudicated insolvent or bankrupt; or a receiver, trustee, custodian or other similar official shall be appointed for it or for all or any substantial part of its property; or it shall have a substantial part of its property attached, executed upon or otherwise impressed with a lien in bankruptcy and such petition is not dismissed within thirty (3) days favor of filing. 4. If any one or more Events creditors and such is not be vacated or discharged within ten (10) days. 12.2. Upon the occurrence of Default occurany Event of Default, in addition to any other remedies provided by law, Landlord may terminate this Lease, or Landlord may without terminating this Lease re-enter the Premises and dispossess Tenant or any other occupant of the Premises and remove Tenant’s effects and relet the Premises for the account of Tenant for such rent and on such terms as shall be satisfactory to Landlord, crediting the actual proceeds (after deducting the costs and expenses of reentry, alterations and additions and the expense of reletting) to the unpaid amounts due under the Lease during the remainder of the Term and Tenant shall remain liable to Landlord for the balance owed. Upon any Event of Default, Tenant shall pay to Landlord all expenses incurred in the administration or enforcement of this Lease, including, if litigation is commenced in the matter, reasonable attorneys’ fees; provided, however, that in the event litigation is commenced and Tenant shall become the prevailing party, then Landlord has the right, at its election:shall be obligated to pay Tenant’s reasonable attorney fees. a. To give Tenant written notice 12.3. Upon termination of Xxxxxxxx’s intention to terminate this Lease on the earliest date permitted by law or on any later date specified in such notice, in which case Xxxxxx’s right to possession of the Premises will case and this Lease will be terminated, except as to Tenant’s liability, as if the expiration of the term fixed in such notice were the end of the Term; b. Upon at least twenty-four (24) hours’ written notice to Tenant after the termination or expiration of the Term as indicated in the notice provided for in the above section to reenter and take possession of the Premises or any part of the Premises, repossess the same, expel Tenant and those claiming through or under Tenant, and remove the effects of both or either, and, if required by law and/or desired by Landlord, through summary proceedings or other legal process, without being deemed guilty or any manner of trespass, and without prejudice to any remedies for arrears of Rent or other amounts payable under this Lease or as a result of any preceding breach of covenants or conditions through the date of such termination; or c. Without further demand or notice, to cure any Event of Default and to charge the Tenant for the cost of effecting such cure, provided that, Landlord will have no obligation to cure any such Event of Default of Tenant. d. In the event that Landlord elects to terminate this Lease as permitted in Section 19 above or elects to take possession as provided in that section, Tenant will pay to Landlord: (A) the net present value of the Rent which would become due and payable for the balance of the Term, as if such repossession had not occurred, less (B) the net proceeds, if any, from reletting the Premises after deducting all Landlord’s expenses in connection with such reletting, including without limitation, all repossession costs, brokerage commissions, marketing expenses, attorneys’ fees and costs, alteration and repair costs, and reasonable expenses of preparation for such reletting. In no event shall the amount credited to Tenant against the Rent exceed the Rent due to Landlord under this Lease. e. If this Lease is terminated on account of the occurrence of an Event of Default, Landlord shall be entitled to money judgment against Tenant will remain liable to Landlord for damages in an the amount equal to the Rent which would have been owing by Tenant for the balance of the Termaggregate of the following: (a) all unpaid Payment Obligations due on or before the date of termination, had this Lease not been terminated, less together with interest at the net proceeds Interest Rate; (but never more than b) the Rent due under this Lease)excess, if any, from reletting of all Payment Obligations over the Premises fair rental value of the Premises, which would come due after deducting the date of termination but for the termination, reduced to present value using as a discount factor the discount rate of the Federal Reserve Bank of Chicago in effect at the time of judgment; and (e) any other amount necessary to compensate Landlord for all Landlordthe detriment which was proximately caused or which in the ordinary course of business would likely result as a consequence of Tenant’s out-of-pocket expenses failure to perform its obligations in this Lease. 12.4. No Payment by Tenant or receipt by Landlord of a lesser amount than the total amount then due and payable shall be deemed to be other than on account, nor shall such be deemed an accord and satisfaction. Landlord may accept any payment without prejudice to any outstanding demand or action for possession, notice of default or notice of termination. No payment by Tenant after termination of this Lease shall reinstate this Lease or extend the Term or waive or affect any notice given or proceedings commenced. Landlord and Tenant waive trial by jury in connection with such reletting, including without limitation, all repossession costs, brokerage commissions, marketing expenses, attorney’s fees and costs, alteration and repair costs, and reasonable out-of-pocket expenses of preparation any proceedings for such reletting. f. Any suit or suits for the recovery possession of the amounts Premises and damages set forth in this Lease connection with any other matters which may be brought by Landlord, from time to time, at Landlord’s election, and nothing determined in this Lease will be deemed to require Landlord to await the date upon which this Lase or the Term would have expired had there occurred no Event of Default. Each right and remedy provided for in this Lease is cumulative, to the extend permitted by law, and is in addition to every other right or remedy provided for in this Lease or now or after the Commencement Date existing at law or in equity or by statute or otherwise. All reasonable costs incurred by Landlord in collecting any amounts and damages owing by Tenant pursuant to the provisions of this Lease or to enforce any provision of this Lease, including reasonable attorneys’ fees, shall also be recoverable by Landlord as Additional Rentsuch proceedings.

Events of Default and Landlords Remedies. All rights and remedies of Landlord herein enumerated in the event of a default shall be cumulative and nothing herein shall exclude any other right or remedy allowed hereunder, at law, or in equity. (a) The occurrence of any of the following events are referred to collectively as “Events shall constitute a material default and breach of Default” in this Lease: 1. Tenant fails to pay within (10i) days after it is due The vacating or abandonment of the Rent, or any part thereof that is not the subject of a good faith dispute which Xxxxxx has notified Landlord of in writing, and which still may be pending and unresolved at the time of such alleged Premises by Xxxxxx; (ii) Tenant’s failure to pay Rent;the Rent or make any other payment required to be made by Tenant hereunder, when due, or within thirty (30) days thereafter; or 2. (iii) Tenant’s failure to observe and perform any other term, condition, or covenant of this Lease (including the Exhibits attached hereto) to be observed or performed by Tenant. (b) Tenant defaults shall not be in default in the performance of any material covenant or condition of this Lease (other than those identified in Section 19 above, including without limitation, causing damage to the Premises, and fails to commence to secure the default obligation within three (3) days after receipt of written notice thereof by Xxxxxxxx and complete the cure of the default within fifteen (15) days after receipt of the date Landlord provides written notice thereof by Landlord, except in such cases where a cure canto Tenant specifically stating Xxxxxx’s failure of performance. (c) Landlord shall not be reasonably completed deemed to be in default in the performance of any obligation required to be performed hereunder by Xxxxxxxx unless and until it actually has failed to perform such obligation. Provided, however, that if the nature of Landlord’s obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within said fifteen such thirty (1530) days, in which case Tenant shall undertake said cure with 15 days of receipt of written notice, day period and shall thereafter diligently prosecute the same diligently until to completion; or. 3. (d) In the event of a default by Xxxxxx as outlined above, Landlord will have the following cumulative rights, privileges, and options, in addition to all other remedies now or hereafter provided by law: (i) To perform any act or do anything required under this Lease to be performed by Xxxxxx, and to recover the cost thereof from Tenant (ii) To terminate the Lease, re−enter, and relet the Premises for the account of Landlord will be entitled to recover from Tenant files all damages that result from the Tenant’s default (iii) To keep the Lease in force, re−enter, and re−let the Premises for the account of Tenant for a voluntary petition of bankruptcy or as adjudicated as bankrupt or insolvent or seeks any similar relief under any bankruptcy or insolvency statuteperiod equal to, or if Tenant is involuntarily placed greater than, the remainder of the Term, at such rental and on such terms and concessions as Landlord deems reasonable. Landlord will not be liable for failure to re−let the Premises or, in bankruptcy and such petition is not dismissed within thirty (3) days the event of filingre−letting, failure to collect the rent therefor. 4. If (iv) To keep the Lease in force, and to recover from Tenant the Rent and any one other sum due from Tenant each month or more Events less frequently at the election of Default occurLandlord, then Landlord has or to recover immediately the rightaccelerated Rent due, or to recover the entire sum due at its election: a. To give Tenant written notice of Xxxxxxxx’s intention to terminate this Lease on the earliest date permitted by law or on any later date specified in such notice, in which case Xxxxxx’s right to possession of the Premises will case and this Lease will be terminated, except as to Tenant’s liability, as if the expiration of the term fixed in such notice were the end of the Term;. b. Upon at least twenty-four (24v) hours’ written notice To recover from Tenant all expenses including reasonable costs and charges for repairs, improvements, alterations (including redecorating), or additions to Tenant after the termination or expiration of the Term as indicated in the notice provided for in the above section to reenter and take possession of the Premises or any part of the Premises, repossess the same, expel Tenant which amounts will become due when incurred and those claiming through or under Tenant, and remove the effects of both or either, and, if required by law and/or desired by Landlord, through summary proceedings or other legal process, without being deemed guilty or any manner of trespass, and without prejudice will become payable to any remedies for arrears of Rent or other amounts payable under this Lease or as a result of any preceding breach of covenants or conditions through the date of such termination; or c. Without further demand or notice, to cure any Event of Default and to charge the Tenant for the cost of effecting such cure, provided that, Landlord will have no obligation to cure any such Event of Default of Tenanton demand. d. In the event that Landlord elects to terminate this Lease as permitted in Section 19 above or elects to take possession as provided in that section, Tenant will pay to Landlord: (Avi) the net present value of the Rent which would become due and payable for the balance of the Term, as if such repossession had not occurred, less (B) the net proceeds, if any, from reletting the Premises after deducting all Landlord’s expenses in connection with such reletting, including without limitation, all repossession costs, brokerage commissions, marketing expenses, To recover reasonable attorneys’ fees and costscosts in connection with any action or proceeding to enforce this Lease, alteration and repair costswhether or not the Lease has been terminated, and reasonable expenses of preparation for such reletting. In no event shall the amount credited or to Tenant against the Rent exceed the Rent secure any rights due to Landlord under this Lease, whether or not any action was instituted. e. If this Lease is terminated on account of the occurrence of an Event of Default, Tenant will remain liable to Landlord for damages in an amount equal to the Rent which would have been owing by Tenant for the balance of the Term, had this Lease not been terminated, less the net proceeds (but never more than the Rent due under this Lease), if any, from reletting the Premises after deducting all Landlord’s out-of-pocket expenses in connection with such reletting, including without limitation, all repossession costs, brokerage commissions, marketing expenses, attorney’s fees and costs, alteration and repair costs, and reasonable out-of-pocket expenses of preparation for such reletting. f. Any suit or suits for the recovery of the amounts and damages set forth in this Lease may be brought by Landlord, from time to time, at Landlord’s election, and nothing in this Lease will be deemed to require Landlord to await the date upon which this Lase or the Term would have expired had there occurred no Event of Default. Each right and remedy provided for in this Lease is cumulative, to the extend permitted by law, and is in addition to every other right or remedy provided for in this Lease or now or after the Commencement Date existing at law or in equity or by statute or otherwise. All reasonable costs incurred by Landlord in collecting any amounts and damages owing by Tenant pursuant to the provisions of this Lease or to enforce any provision of this Lease, including reasonable attorneys’ fees, shall also be recoverable by Landlord as Additional Rent.

Events of Default and Landlords Remedies. The following events are referred All rights and remedies of the Landlord herein enumerated in the event of a default shall be cumulative and nothing herein shall exclude any other right or remedy allowed by law. (a) If any voluntary or involuntary petition or similar proceeding under any section or sections of any bankruptcy act shall be filed by or against Tenant or any voluntary or involuntary proceeding in any court or tribunal shall be instituted to collectively as “Events declare Tenant insolvent or unable to pay Tenant's Debts then and in any such event Landlord may if Landlord elects but not otherwise, either with or without notice of Default” in election and with or without entry or other action by Landlord forthwith terminate this Lease: 1. Tenant fails to pay within (10) days after it is due the Rent, or any part thereof that is not the subject of a good faith dispute which Xxxxxx has notified Landlord of in writing, and which still may be pending and unresolved at the time of such alleged failure to pay Rent; 2. Tenant defaults in the performance of notwithstanding any material covenant or condition other provision of this Lease (other than those identified in Section 19 above, including without limitation, causing damage to the Premises, and fails to commence to secure the default within three (3) days after receipt of written notice thereof by Xxxxxxxx and complete the cure of the default within (15) days after receipt of written notice thereof by Landlord, except in such cases where a cure cannot be reasonably completed within said fifteen (15) days, in which case Tenant shall undertake said cure with 15 days of receipt of written notice, and shall prosecute the same diligently until completion; or 3. Tenant files a voluntary petition of bankruptcy or as adjudicated as bankrupt or insolvent or seeks any similar relief under any bankruptcy or insolvency statute, or if Tenant is involuntarily placed in bankruptcy and such petition is not dismissed within thirty (3) days of filing. 4. If any one or more Events of Default occur, then Landlord has the right, at its election: a. To give Tenant written notice of Xxxxxxxx’s intention to terminate this Lease on the earliest date permitted by law or on any later date specified in such notice, in which case Xxxxxx’s right to possession of the Premises will case and this Lease will be terminated, except as to Tenant’s liability, as if the expiration of the term fixed in such notice were the end of the Term; b. Upon at least twenty-four (24) hours’ written notice to Tenant after the termination or expiration of the Term as indicated in the notice provided for in the above section to reenter and take possession of the Premises or any part of the Premises, repossess the same, expel Tenant and those claiming through or under Tenant, and remove the effects of both or either, and, if required by law and/or desired by Landlord, through summary proceedings or other legal process, without being deemed guilty or any manner of trespass, and without prejudice to any remedies for arrears of Rent or other amounts payable under this Lease or as a result of any preceding breach of covenants or conditions through the date of such termination; or c. Without further demand or notice, to cure any Event of Default and to charge the Tenant for the cost of effecting such cure, provided thatLease, Landlord will have no obligation shall forthwith upon such termination be entitled to cure any such Event of Default of Tenant. d. In the event that Landlord elects to terminate this Lease as permitted in Section 19 above or elects to take possession as provided in that section, Tenant will pay to Landlord: (A) the net present value of the Rent which would become due and payable for the balance of the Term, as if such repossession had not occurred, less (B) the net proceeds, if any, from reletting the Premises after deducting all Landlord’s expenses in connection with such reletting, including without limitation, all repossession costs, brokerage commissions, marketing expenses, attorneys’ fees and costs, alteration and repair costs, and reasonable expenses of preparation for such reletting. In no event shall the amount credited to Tenant against the Rent exceed the Rent due to Landlord under this Lease. e. If this Lease is terminated on account of the occurrence of an Event of Default, Tenant will remain liable to Landlord for recover damages in an amount equal to the Rent which would have been owing by Tenant then present value of the rent specified in Paragraph 3 of the Lease for the balance residue of the Term, had this Lease not been terminatedstated term hereof, less the net proceeds (but never more than fair rental value of the Rent due under this Lease), if any, from reletting leased premises for the Premises after deducting all Landlord’s out-of-pocket expenses in connection with such reletting, including without limitation, all repossession costs, brokerage commissions, marketing expenses, attorney’s fees and costs, alteration and repair costs, and reasonable out-of-pocket expenses residue of preparation for such relettingthe stated term. f. Any suit or suits for (b) lf the recovery Tenant defaults in the payment of the amounts and damages set forth in this Lease may be brought by Landlord, from time to time, at Landlord’s election, and nothing in this Lease will be deemed to require Landlord to await the date upon which this Lase or the Term would have expired had there occurred no Event of Default. Each right and remedy provided for in this Lease is cumulative, to the extend permitted by law, and is in addition to every other right or remedy provided for in this Lease or now or after the Commencement Date existing at law rent or in equity or by statute or otherwise. All reasonable costs incurred by Landlord in collecting any amounts the prompt and damages owing by Tenant pursuant to the provisions full performance of this Lease or to enforce any provision of this Lease, or in the leasehold interest of the Tenant being levied upon under execution or being attached by process of law or if the Tenant makes an assignment for the benefit of creditors or if a receiver can be appointed for any property of the Tenant or if the Tenant abandons the leased premises. then and in any such event the Landlord may, if the Landlord so elects but not otherwise, and with or without notice of such election and with or without any demand whatsoever, forthwith terminate this Lease and the Tenant's right to possession of the leased premises, or without terminating this Lease forthwith terminate the Tenant's right to possession of the leased premises but the Tenant shall remain liable for damages as permitted by law and as provided for herein. (c) Upon any termination of this lease whether by lapse of time or otherwise or upon any termination of the Tenant's right to possession without termination of the Lease, the Tenant shall surrender possession and vacate the leased premises immediately and deliver possession thereof to the Landlord and without prejudice to any other remedy which Landlord may have, Tenant does hereby grant to the Landlord in such event full and free license to enter into and upon the leased premises (by picking locks and changing locks if deemed necessary by Landlord) with or without process of law to repossess the leased premises and to expel or remove the Tenant and any others who may be occupying or within the leased premises and to remove any and all property therefrom, using such force as may be necessary without being deemed in any manner guilty of trespass, eviction of forcible entry or detainer without relinquishing the Landlord's right to rent or any other right given to the Landlord hereunder or by operation of law. The Tenant expressly waives the service of any demand for the payment of rent or for possession and the service of any notice of the Landlord's election to terminate this Lease or to re-enter the lease premises including any and every form of demand and notice prescribed by any statute or other law and agrees that the simple breach of any covenant or provision of the Lease by the Tenant shall of itself without the service of any notice or demand whatsoever permit the exercise by Landlord of any of the remedies provided to Landlord hereunder. (d) If the Tenant abandons the leased premises or otherwise entitles the Landlord so to elect, and the Landlord elects to terminate the Tenant's right to possession only, without terminating the Lease, the Landlord may at the Landlord's option enter into the leased premises, remove the Tenant's signs and other evidences of tenancy and take and hold possession thereof as in Paragraph 23 (c) provided without such entry and possession terminating the Lease or releasing the Tenant in whole or in part from the Tenant's obligations to pay the rent hereunder for the full term and in any such case the Tenant shall pay forthwith to the Landlord a sum equal to the entire amount of the rent specified in Paragraph 3 of this Lease for the residue of the stated term plus any other sums then due hereunder. Upon and after entry into possession without termination of the Lease the Landlord may but need not relet the leased premises or any part thereof for the account of the Tenant to any person, firm or corporation other than the Tenant for such rent for such time and upon such terms as the Landlord in the Landlord's sole discretion shall determine and the Landlord shall not be required to accept any tenant offered by the Tenant or to observe any instructions given by the Tenant about such reletting. In any such case, the Landlord may make repairs, alterations, and additions in or to the leased premises and redecorate the same to the extent deemed by the Landlord necessary or desirable and the Tenant shall upon demand pay the costs thereof, together with Landlord's expenses of the reletting. If Tenant's account is not sufficient to pay monthly the full amount of the rent reserved in this Lease, together with the cost of repairs alterations additions redecorating and the Landlord's expenses, the Tenant shall pay to the Landlord the amount of each monthly deficiency upon demand; and if the consideration so collected from any such reletting is more than sufficient to pay the full amount of the rent reserved herein together with the costs and expenses of the Landlord, the Landlord at the end of the stated term of the Lease, Landlord shall account for the surplus to the Tenant. (e) The Tenant shall pay upon demand all the Landlord's costs charges and expenses, including the fees of Landlord's attorneys, leasing agents and others retained by the Landlord incurred in enforcing the Tenant's obligations hereunder or incurred by the Landlord in any litigation (including appeals), negotiation or transaction in which the Tenant causes the Landlord without the Landlord's fault. to become involved or concerned. (f) Tenant hereby, irrevocably appoints Landlord as agent and attorney-in- fact of Tenant to enter upon the leased premises in the event of default by Tenant in the payment of any rent herein reserved, or in the performance of any term covenant or condition herein contained to be kept or performed by Tenant and to remove any and all furniture and personal property whatsoever situated upon the leased premise. Any property of the Tenant not removed from the leased premises after the end of term however terminated and any and all property which may be removed from the leased premises by the Landlord pursuant to the authority of this Lease or of law, and to which the Tenant is or may be entitled, may be handled, removed or stored by Landlord at the risk cost and expense of Tenant and Landlord shall in no event be responsible for the value preservation or safekeeping thereof. Tenant shall pay to Landlord upon demand all expenses incurred in such removal and all storage charges against such property so long as the same shall be in Landlord's possession or under Landlord's control. Landlord may place such property in storage for the account of and at the expense of Tenant and if Tenant fails to pay the cost of storing property after it has been stored for a period of thirty (30) days or more, Landlord may sell any or all of such property, at public or private sale in such manner and at such time and place as Landlord in its sole discretion may deem proper, without notice to or demand upon Tenant for payment of any part of such charges or the removal of any such property, and shall apply the proceeds of such sale first to the cost and expenses of such sale, including reasonable attorneys’ attorney's fees; second, to the payment of the sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms hereof; and third the balance if any to Tenant. The removal and storage of Tenant's property as above provided shall also be recoverable by not constitute a waiver of Landlord's lien thereon. (g) The Landlord as Additional Rentmay resort to any one or more of such remedies or rights and adoption of one or more such remedies or rights shall not necessarily prevent the enforcement of others concurrently or thereafter.