Common use of Events of Default by Tenant Clause in Contracts

Events of Default by Tenant. If (1) Tenant abandons or surrenders all or any part of the Premises prior to the expiration of the Term of the Lease or (2) Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions of this Lease or any other lease heretofore made by Tenant for space in the Premises and the same is not cured within thirty (30) days after written notice thereof from Landlord, unless the same cannot be cured within said thirty (30) day period, in which case Tenant shall have such additional time as is reasonably necessary to cure such default, not to exceed ninety (90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completion, or (4) the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, or (5) Tenant or any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunder.

Events of Default by Tenant. If (1) Tenant abandons or surrenders all or any part of the Premises prior to the expiration of the Term of the Lease or (2i) Tenant fails to pay any Rent on the date due (a “Monetary Default”); or Additional Rent within five (5ii) days after notice from Tenant fails to cure any other default, such as, but not limited to, the performance of any other covenant or agreement of this Lease, or any rules and regulations attached to this Lease, or promulgated by Landlord of delinquency, under this Lease (3a “Nonmonetary Default”); or (iii) Tenant fails to fulfill any of the material terms or conditions of this Lease or any other lease heretofore made by Tenant for space in following the Premises giving of applicable notice and the same is not cured within thirty (30) days after written notice thereof from Landlord, unless the same cannot be cured within said thirty (30) day period, in which case Tenant shall have such additional time as is reasonably necessary opportunity to cure such default, not to exceed ninety (90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completion, or (4iv) the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, or (5v) Tenant or any of its successors or assigns or any guarantor surety of this Lease (“Guarantor”) Tenant’s obligations should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6vi) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same which is not be dismissed within ninety (90) days of the date of the filing thereofdays, or (7vii) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or Tenant’s interest in this Lease or to the Premises, and/or the fixtures, and improvements and furnishings located thereonthereon and fails within thirty (30) days either to discharge the same or provide a bond transferring same, except as otherwise permitted herein; then, Tenant shall be in default hereunder, or (viii) the leasehold estate granted to Tenant by this Lease is taken on execution or other process of law or equity in any action against Tenant.

Events of Default by Tenant. If It shall be an Event of Default under this Lease, if (1) Tenant abandons or surrenders all or any part of the Premises prior to the expiration of the Term of the Lease or (2i) Tenant fails to pay Fixed Rent or Additional Rent within five additional rent for more than ten (510) days days, after notice from Landlord thereof specifying such failure and that such failure may be an Event of delinquency, Default hereunder; (3ii) Tenant fails to fulfill any of the terms or conditions of this Lease or any perform its other lease heretofore made by Tenant non-monetary obligations hereunder for space in the Premises and the same is not cured within more than thirty (30) days after written notice thereof from Landlord, unless together with such additional time, if any, as is reasonably required to cure the same default if the default is of such a nature that it cannot reasonably be cured within said in thirty (30) day period, in which case days; or (iii) if Tenant shall have such additional time as is reasonably necessary to cure such default, not to exceed ninety (90) days in makes any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes assignment for the same to completionbenefit of creditors, or files a petition under any bankruptcy or insolvency law; or (4iv) the appointment of if such a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, petition is filed against Tenant and in the case of an involuntary appointment only, the same is not dismissed within sixty (60) days; or (v) if a receiver becomes entitled to Tenant's leasehold hereunder and it is not returned to Tenant within ninety (90) days from said appointment, days; or (5vi) Tenant such leasehold is taken on execution or other process of law in any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed action against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted hereinTenant; then, and in any such cases, Landlord and the agents and servants of Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter while such default continues and without further notice, enter into and upon the Premises or any part thereof in the name of the whole or mail a notice of termination addressed to Tenant at the Premises and repossess the same as of Landlord's former estate and expel Tenant and those claiming through or under Tenant and remove its and their effects without being deemed guilty of any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or prior breach of covenant, and upon such entry or mailing as aforesaid, this Lease shall terminate, but Tenant shall remain liable as hereinafter provided. After the occurrence of an Event of Default as aforesaid, Tenant hereby waives all statutory rights of redemption, if any to the extent such rights may be in default hereunderlawfully waived, and Landlord, without notice to Tenant, may store Tenant's effects and those of any person claiming through or under Tenant at the expense and risk of Tenant and, if Landlord so elects, may sell such effects at public auction or private sale and apply the net proceeds to the payment of all sums due to Landlord from Tenant, if any, and pay over the balance, if any, to Tenant.

Events of Default by Tenant. If It shall be an "Event of Default" under this Lease, if (1) Tenant abandons or surrenders all or any part of the Premises prior to the expiration of the Term of the Lease or (2i) Tenant fails to pay Fixed Rent or Additional Rent within five additional rent for more than ten (510) days days, after notice from Landlord thereof specifying such failure and that such failure may be an Event of delinquency, Default hereunder; (3ii) Tenant fails to fulfill any of the terms or conditions of this Lease or any perform its other lease heretofore made by Tenant non-monetary obligations hereunder for space in the Premises and the same is not cured within more than thirty (30) days after written notice thereof from Landlord, unless together with such additional time, if any, as is reasonably required to cure the same default if the default is of such a nature that it cannot reasonably be cured within said in thirty (30) day perioddays; or (iii) if Tenant makes any assignment for the benefit of creditors, in which case or files a petition under any bankruptcy or insolvency law; or (iv) if such a petition is filed against Tenant shall have such additional time as and is reasonably necessary to cure such default, not to exceed ninety (90) days in any and all events, provided that Tenant commences such cure dismissed within said thirty (30) day period and thereafter diligently prosecutes the same to completion, days; or (4v) the appointment of a trustee or if a receiver becomes entitled to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, 's leasehold hereunder and in the case of an involuntary appointment only, the same it is not dismissed returned to Tenant within ninety (90) days from said appointment, days; or (5vi) Tenant such leasehold is taken on execution or other process of law in any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed action against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted hereinTenant; then, and in any such cases, Landlord and the agents and servants of Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter while such default continues and without further notice, enter into and upon the Premises or any part thereof in the name of the whole or mail a notice of termination addressed to Tenant at the Premises and repossess the same as of Landlord's former estate and expel Tenant and those claiming through or under Tenant and remove its and their effects without being deemed guilty of any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or prior breach of covenant, and upon such entry or mailing as aforesaid, this Lease shall terminate, but Tenant shall remain liable as hereinafter provided. After the occurrence of an Event of Default as aforesaid, Tenant hereby waives all statutory rights of redemption, if any to the extent such rights may be in default hereunderlawfully waived, and Landlord, without notice to Tenant, may store Tenant's effects and those of any person claiming through or under Tenant at the expense and risk of Tenant and, if Landlord so elects, may sell such effects at public auction or private sale and apply the net proceeds to the payment of all sums due to Landlord from Tenant, if any, and pay over the balance, if any, to Tenant.

Events of Default by Tenant. If (1) In the event of any failure of Tenant abandons to pay any rental or surrenders all other sums of money when due hereunder; or any part failure to observe or perform any other of the Premises prior terms, conditions or covenants of this Lease, including but not limited to the expiration of the Term of the Lease Building Rules, to be observed or (2) Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions of this Lease or any other lease heretofore made performed by Tenant for space in the Premises and the same is not cured within thirty more than twenty (3020) days after written notice thereof from Landlord, unless shall have been given to Tenant; or if the same cannot Tenant’s leasehold interest shall be cured within said thirty (30) day period, in which case taken on execution or other process of law against Tenant; or if Tenant or an agent of Tenant shall have such additional time as is reasonably necessary falsify any report required to cure such default, not be furnished to exceed ninety (90) days in any and all events, provided that Landlord pursuant to the terms of this Lease; or if Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes shall fail to accept the same to completionLeased Premises, or to promptly move into, take possession of, and operate its business on the Leased Premises when the Leased Premises are substantially complete; or if Tenant ceases to do business in or abandons any substantial portion of the Leased Premises; or if Tenant should at any time during the continuance of the Lease remove or attempt to remove the goods, furniture, effects, improvements and personal property brought thereon out of or from the Leased Premises (4) except in the ordinary course of business), without having paid in full all rent and other applicable charges which shall become due during the term of this Lease; or, if Tenant or any Guarantor of this Lease shall become bankrupt or insolvent, or file a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee or a receiver to take possession of all or substantially all a portion of Tenant’s assets occurs, or any Guarantor’s property; or if a petition or answer proposing the attachment, execution or other judicial seizure adjudication of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, or (5) Tenant or any of Guarantor as a bankrupt or its successors reorganization under any present or assigns future federal or state bankruptcy or similar law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or if Tenant or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or Guarantor makes an assignment for the benefit of creditors creditors, or petitions for similar relief or enters into an arrangement, or suffers this Lease to be taken under any present or future statutewrit of execution, law or regulation relating to relief of debtorsthen, or (6) Tenant or in any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; thensuch events, Tenant shall be deemed in breach and default hereunderof this Lease and Landlord, in its discretion and at its election, and in addition to all other rights and remedies it may have in law or in equity, shall also be entitled to those rights and remedies enumerated below.

Events of Default by Tenant. If (1) In the event of any failure of Tenant abandons to pay any rental or surrenders all other sums of money when due hereunder; or any part failure to observe or perform any other of the Premises prior terms, conditions or covenants of this Lease, including but not limited to the expiration of the Term of the Lease Building Rules, to be observed or (2) Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions of this Lease or any other lease heretofore made performed by Tenant for space in the Premises and the same is not cured within thirty more than ten (3010) days after written notice thereof from Landlord, unless shall have been given to Tenant; or if the same cannot Tenant's leasehold interest shall be cured within said thirty (30) day period, in which case taken on execution or other process of law against Tenant; or if Tenant or an agent of Tenant shall have such additional time as is reasonably necessary falsify any report required to cure such default, not be furnished to exceed ninety (90) days in any and all events, provided that Landlord pursuant to the terms of this Lease; or if Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes shall fail to accept the same to completionLeased Premises, or to promptly move into, take possession of, and operate its business on the Leased Premises when the Leased Premises are substantially complete; or if Tenant ceases to do business in or abandons any substantial portion of the Leased Premises; or if Tenant should at any time during the continuance of the Lease remove or attempt to remove the goods, furniture, effects, improvements and personal property brought thereon out of or from the Leased Premises (4) except in the ordinary course of business), without having paid in full all rent and other applicable charges which shall become due during the term of this Lease; or, if Tenant or any Guarantor of this Lease shall become bankrupt or insolvent, or file a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee or a receiver to take possession of all or substantially all a portion of Tenant’s assets occurs, 's or any Guarantor's property; or if a petition or answer proposing the attachment, execution or other judicial seizure adjudication of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, or (5) Tenant or any of Guarantor as a bankrupt or its successors reorganization under any present or assigns future federal or state bankruptcy or similar law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or if Tenant or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or Guarantor makes an assignment for the benefit of creditors creditors, or petitions for similar relief or enters into an arrangement, or suffers this Lease to be taken under any present or future statutewrit of execution, law or regulation relating to relief of debtorsthen, or (6) Tenant or in any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; thensuch events, Tenant shall be deemed in breach and default hereunderof this Lease and Landlord, in its discretion and at its election, and in addition to all other rights and remedies it may have in law or in equity, shall also be entitled to those rights and remedies enumerated below.

Events of Default by Tenant. If (1) Tenant abandons or surrenders all or any part of the Premises prior to the expiration of the Term of the Lease or (2) Tenant fails to pay Annual Rent or Additional any other payment obligation hereunder when due (provided, however, that payment of by Tenant of the monthly installment of Annual Rent within and other payment obligations due therewith not more than five (5) days after notice from Landlord of delinquency, the due date shall not 35 be considered a default hereunder provided that such late payment does not occur more than once in any twelve (312) month period); or if Tenant fails to fulfill execute or deliver any of the terms estoppel certificate or conditions other document described in any section of this Lease within the time period prescribed therein, and such failure continues for five days after receiving notice of such default; or if any default by Tenant with respect to any other lease heretofore made by Tenant non-monetary obligation hereunder continues for space in the Premises and the same is not cured within more than thirty (30) days after written notice thereof from Landlord, unless the same cannot be cured within said thirty (30) day period, in which case Tenant shall have and such additional time time, if any, as is reasonably necessary to cure the default if the default is of such default, a nature that it cannot reasonably be cured in thirty (30) days and Tenant diligently and continuously prosecutes such cure to exceed completion; or if Tenant abandons the Premises for ninety (90) consecutive days; or if Tenant becomes insolvent, fails to pay its debts as they fall due, files a petition under any chapter of the U.S. Bankruptcy Code, 11 U.S.C. 101 et seq., as it may be amended (or any similar petition under any insolvency law of any jurisdiction), or if such petition is filed against Tenant and not dismissed within sixty (60) days of such filing; or if Tenant proposes any dissolution, liquidation, composition, financial reorganization or recapitalization with creditors, makes an assignment or trust mortgage for benefit of creditors, or if a receiver, trustee, custodian or similar agent is appointed or takes possession with respect to Tenant; or if the leasehold hereby created is taken on execution or other process of law in any action against Tenant; then and all events“Event of Default” shall be deemed to have occurred by Tenant, provided and in any such case, Landlord and the agents and servants of Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter and without further notice, at Landlord’s election, do any one or more of the following: (i) give Tenant written notice stating that Tenant commences the Lease is terminated, effective upon the giving of such cure within said thirty (30) day period notice or upon a date stated in such notice, as Landlord may elect, in which event the Lease shall be irrevocably extinguished and thereafter diligently prosecutes the same to completionterminated as stated in such notice without any further action, or (4ii) with or without process of law, in a lawful manner enter and repossess the appointment Premises as of a trustee Landlord’s former estate, and expel Tenant and those claiming through or a receiver to take possession under Tenant, and remove its and their effects, without being guilty of all or substantially all trespass, in which event the Lease shall be irrevocably extinguished and terminated at the time of Tenant’s assets occurssuch entry, or if (iii) pursue any other rights or remedies permitted by law. Any such termination of the attachment, execution Lease shall be without prejudice to any remedies which might otherwise be used for arrears of rent or other judicial seizure prior breach of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurscovenant, and in the case event of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, or (5) such termination Tenant or any of its successors or assigns or any guarantor of shall remain liable under this Lease as hereinafter provided. Tenant hereby waives all statutory rights (“Guarantor”including, without limitation, rights of redemption, if any) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premisesextent such rights may be lawfully waived, and/or and Landlord, without notice to Tenant, may store Tenant’s effects and those of any person claiming through or under Tenant at the fixturesexpense and risk of Tenant and, improvements if Landlord so elects, may sell such effects at public auction or private sale and furnishings located thereonapply the net proceeds to the payment of all sums due to Landlord from Tenant, except as otherwise permitted herein; thenif any, Tenant shall be in default hereunderand pay over the balance, if any, to Tenant.

Events of Default by Tenant. If It shall be an Event of Default under this Lease, if (1) Tenant abandons or surrenders all or any part of the Premises prior to the expiration of the Term of the Lease or (2i) Tenant fails to pay Fixed Rent or Additional Rent within five additional rent for more than ten (510) days days, after notice from Landlord thereof specifying such failure and that such failure may be an Event of delinquency, Default hereunder; (3ii) Tenant fails to fulfill any of the terms or conditions of this Lease or any perform its other lease heretofore made by Tenant non-monetary obligations hereunder for space in the Premises and the same is not cured within more than thirty (30) days after written notice thereof from Landlord, unless together with such additional time, if any, as is reasonably required to cure the same default if the default is of such a nature that it cannot reasonably be cured within said in thirty (30) day perioddays; or (iii) if Tenant makes any assignment for the benefit of creditors, in which case or files a petition under any bankruptcy or insolvency law; or (iv) if such a petition is filed against Tenant shall have such additional time as and is reasonably necessary to cure such default, not to exceed ninety (90) days in any and all events, provided that Tenant commences such cure dismissed within said thirty (30) day period and thereafter diligently prosecutes the same to completion, days; or (4v) the appointment of a trustee or if a receiver becomes entitled to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, 's leasehold hereunder and in the case of an involuntary appointment only, the same it is not dismissed returned to Tenant within ninety (90) days from said appointment, days; or (5vi) Tenant such leasehold is taken on execution or other process of law in any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed action against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted hereinTenant; then, and in any such cases, Landlord and the agents and servants of Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter while such default continues and without further notice enter into and upon the Premises or any part thereof in the name of the whole or mail a notice of termination addressed to Tenant at the Premises and repossess the same as of Landlord's former estate and expel Tenant and those claiming through or under Tenant and remove its and their effects without being deemed guilty of any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or prior breach of covenant, and upon such entry or mailing as aforesaid, this Lease shall terminate, but Tenant shall remain liable as hereinafter provided. After the occurrence of an Event of Default as aforesaid, Tenant hereby waives all statutory rights of redemption, if any to the extent such rights may be in default hereunderlawfully waived, and Landlord, without notice to Tenant, may store Tenant's effects and those of any person claiming through or under Tenant at the expense and risk of Tenant and, if Landlord so elects, may sell such effects at public auction or private sale and apply the net proceeds to the payment of all sums due to Landlord from Tenant, if any, and pay over the balance, if any, to Tenant.

Events of Default by Tenant. The following shall, upon the giving of notice to Tenant of the nature of the default and the expiration of any applicable grace period afforded Tenant hereunder as set forth in Section 23.B. constitute an Event of Default under this Lease. If (1) Tenant abandons or surrenders all or fails to make any part payment of the Premises prior to the expiration of the Term of the Lease Rent when due (a "Monetary Default"); or (2) Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions of conditions, covenants, agreements or any rules and regulations attached to this Lease, as Exhibit "C" or promulgated by Landlord under this Lease or any other lease heretofore made by Tenant for space which shall in all instances be reasonable and have as close to equal application to all Tenants of the Premises and the same is not cured within thirty (30) days after written notice thereof from Landlord, unless the same cannot be cured within said thirty (30) day period, in which case Tenant shall have such additional time Building as is reasonably necessary to cure such default, not to exceed ninety practicable (90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completion, a "Non-monetary Default"); or (43) the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s 's assets occurs, and such appointment is not dismissed within thirty (30) days after appointment, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s 's assets located at the Premises, or of Tenant’s 's interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, ; or (54) Tenant or any of its successors or assigns or any guarantor of this Lease (“"Guarantor”") should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, ; or (65) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same such proceeding is not be dismissed within ninety thirty (9030) days of filing; or (6) Tenant, before the date expiration of the filing thereofLease Term and without the prior written consent of Landlord, vacates the Premises or abandons possession of the Premises, and fails to pay Rent on a timely basis; or (7) Tenant shall permit, allow or suffer to exist any lienlien by or through Tenant, judgment, writ, assessment, charge, attachment or execution upon Landlord’s 's or Tenant's interest in this Lease or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as whether claimant or holder thereof has acquired its right by or through Tenant, unless such lien, judgment, writ, assessment, charge, attachment or execution is discharged of record or transferred from the Property by bond within ten (10) days following notice to Tenant; or (8) Tenant, if a publicly held company, shall cease to conform with minimum listing requirements of the National Stock Exchange on which it is listed or shall fail to timely file its 10K statement or otherwise permitted herein; thenfail to maintain financial statements required of a publicly traded and listed company, then Tenant shall be in default hereunder; or (9) if Tenant is not a publicly held company and neither Tenant nor Guarantor maintains a net worth of at least $25,000,000.00.

Events of Default by Tenant. If (1) Tenant abandons or surrenders all or any part of the Premises prior to the expiration of the Term of the Lease or (2) Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions of this Lease or any other lease heretofore made by Tenant for space in the Premises and the same is not cured within thirty (30) days after written notice thereof from Landlord, unless the same cannot be cured within said thirty (30) day period, ; in which case Tenant shall have such additional time as is reasonably necessary to cure such default, not to exceed ninety (90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completion, or (4) the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, or (5) Tenant or any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunder.

Events of Default by Tenant. The following shall, upon the giving of notice to Tenant of the nature of the default and the expiration of any applicable grace period afforded Tenant hereunder as set forth in Section 23.B. constitute an Event of Default under this Lease. If (1) Tenant abandons or surrenders all or fails to make any part payment of the Premises prior to the expiration of the Term of the Lease Rent when due (a "Monetary Default"); or (2) Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions of conditions, covenants, agreements or any rules and regulations attached to this Lease, as Exhibit "C" or promulgated by Landlord under this Lease or any other lease heretofore made by Tenant for space which shall in all instances be reasonable and have as close to equal application to all tenants of the Premises and the same is not cured within thirty (30) days after written notice thereof from Landlord, unless the same cannot be cured within said thirty (30) day period, in which case Tenant shall have such additional time Building as is reasonably necessary to cure such default, not to exceed ninety practicable (90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completion, a "Non-Monetary Default"); or (43) the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s 's assets occurs, and such appointment is not dismissed within thirty (30) days after appointment, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s 's assets located at the Premises, or of Tenant’s 's interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, ; or (54) Tenant or any of its successors or assigns or any guarantor of this Lease (“"Guarantor”) "), if any, should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, ; or (65) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same such proceeding is not be dismissed within ninety thirty (9030) days of filing; or (6) Tenant, before the date expiration of the filing thereofLease Term and without the prior written consent of Landlord, vacates the Premises or abandons possession of the Premises, and fails to pay Rent on a timely basis; or (7) Tenant shall permit, allow or suffer to exist any lienlien by or through Tenant, judgment, writ, assessment, charge, attachment or execution upon Landlord’s 's or Tenant's interest in this Lease or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; thenwhether claimant or holder thereof has acquired its right by or through Tenant, Tenant shall be in default hereunder.unless such lien, judgment, writ, assessment, charge, attachment or execution is discharged of record or transferred from

Events of Default by Tenant. If (1) Tenant abandons or surrenders all or any part Each of the Premises prior to the expiration following shall constitute an Event of the Term of the Lease or Default: (2i) Tenant fails to pay Rent or Additional Rent within five (5) business days after notice from Landlord of delinquency, Landlord; provided that no such notice shall be required if at least two such notices shall have been given during the previous 12 months; (3ii) Tenant fails to fulfill any of the terms observe or conditions of this Lease or perform any other lease heretofore made by term, condition or covenant herein binding upon or obligating Tenant for space in the Premises and the same is not cured within thirty (30) 30 days after written notice thereof from Landlord; provided, unless the same however, that if such failure cannot reasonably be cured within said thirty (such 30) -day period, in which case Tenant shall have then such additional time as is reasonably necessary period to cure such default, not the default shall be extended for up to exceed ninety (90) an additional 60 days in any and all events, provided that Tenant commences such has commenced to cure the default within said thirty (the 30) -day period and thereafter diligently prosecutes pursues such cure to completion (notwithstanding the foregoing, if Landlord provides Tenant with notice of Tenant’s failure to observe or perform any term, condition or covenant under this Subsection (ii) on two or more occasions during any 12 month period, then Tenant’s subsequent violation of the same to completionterm, condition or covenant shall, at Landlord’s option, be deemed an Event of Default immediately upon the occurrence of such failure, regardless of whether Landlord provides Tenant notice, or Tenant has commenced the cure of the same); (4iii) Tenant fails to pay Rent when due and abandons or vacates the appointment Premises or fails to take occupancy of the Premises within 90 days after the Commencement Date; (iv) Tenant fails to execute and return a trustee SNDA (as defined in Article XXI) or estoppel within the time periods provided for in Article XXI or Section 24.4 and such failure continues after the expiration of five (5) business days after Landlord has delivered to Tenant notice stating in bold letters in the re: line that “THIS IS A NOTICE OF DEFAULT RELATING TO TENANT’S FAILURE TO RETURN A DOCUMENT PURSUANT TO TENANT’S LEASE AT 0000 XXXXXXX XXXXXX XXXXX, XXX XXXX XXXXXXXXXX”; (v) Tenant or any Guarantor makes or consents to a general assignment for the benefit of creditors or a common law composition of creditors, or a receiver to take possession of the Premises for all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of TenantGuarantor’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety appointed; (90) days from said appointment, or (5vi) Tenant or any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any Guarantor hereafter files a voluntary petition in bankruptcy, reorganization any bankruptcy or arrangementinsolvency proceeding, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization any bankruptcy or arrangement insolvency proceeding is filed against it Tenant or Guarantor and the same is not be dismissed discharged by Tenant or Guarantor within ninety (90) days of the date of the filing thereof, 60 days; or (7vii) Tenant shall permit, allow or suffer fails to exist any lien, judgment, writ, assessment, charge, attachment or execution upon immediately after Landlord’s delivery of notice to Tenant remedy or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise discontinue any hazardous conditions which Tenant has created or permitted herein; then, Tenant in violation of law or of this Lease. Any such notices required under this Section 20.1 shall be in default hereundersatisfaction of, and not in addition to, any notice required under Sections 1161(2) or (3), as the case may be, of the California Code of Civil Procedure. Any notice periods provided for under this Section 20.1 shall run concurrently with any statutory notice periods and any notice given hereunder may be given simultaneously with or incorporated into any such statutory notice.

Events of Default by Tenant. If It shall be an Event of Default under this Lease, if (1) Tenant abandons or surrenders all or any part of the Premises prior to the expiration of the Term of the Lease or (2i) Tenant fails to pay Base Rent or Additional Rent within five additional rent, and such failure continues for more than seven (57) business days after written notice from Landlord thereof specifying such failure and that such failure may be an Event of delinquency, Default hereunder; (3ii) Tenant fails to fulfill any of the terms or conditions of this Lease or any perform its other lease heretofore made by Tenant non-monetary obligations hereunder for space in the Premises and the same is not cured within more than thirty (30) days after written notice thereof from Landlord, unless together with such additional time, if any, as is reasonably required to cure the same default if the default is of such a nature that it cannot reasonably be cured within said in thirty (30) day period, in which case days; or (iii) if Tenant shall have such additional time as is reasonably necessary to cure such default, not to exceed ninety (90) days in makes any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes assignment for the same to completionbenefit of creditors, or files a petition under any bankruptcy or insolvency law; or (4iv) the appointment of if such a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, petition is filed against Tenant and in the case of an involuntary appointment only, the same is not dismissed within sixty (60) days; or (v) if a receiver becomes entitled to Tenant’s leasehold hereunder and it is not returned to Tenant within ninety (90) days from said appointment, days; or (5vi) Tenant such leasehold is taken on execution or other process of law in any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed action against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted hereinTenant; then, and in any such cases, Landlord and the agents and servants of Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter while such default continues and without further notice, enter into and upon the Premises or any part thereof in the name of the whole or mail a notice of termination addressed to Tenant at the Premises and repossess the same as of Landlord’s former estate and expel Tenant and those claiming through or under Tenant and remove its and their effects without being deemed guilty of any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or prior breach of covenant, and upon such entry or mailing as aforesaid, this Lease shall terminate, but Tenant shall remain liable as hereinafter provided. After the occurrence of an Event of Default as aforesaid, Tenant hereby waives all statutory rights of redemption, if any to the extent such rights may be in default hereunderlawfully waived, and Landlord, without notice to Tenant, may store Tenant’s effects and those of any person claiming through or under Tenant at the expense and risk of Tenant and, if Landlord so elects, may sell such effects at public auction or private sale and apply the net proceeds to the payment of all sums due to Landlord from Tenant, if any, and pay over the balance, if any, to Tenant.

Events of Default by Tenant. If The happening of any one or more of the following listed events (1Events of Default) shall constitute a breach of this Lease by Tenant: (a) the failure of Tenant abandons or surrenders all to pay any rent or any part other sums of the Premises prior to the expiration money due hereunder if such failure shall continue for a period of the Term of the Lease or three (2) Tenant fails to pay Rent or Additional Rent within five (53) days after notice from Landlord written notice; (b) the failure of delinquency, (3) Tenant fails to fulfill comply with any of the terms or conditions other provision of this Lease or any other lease heretofore made by agreement between Landlord and Tenant for space (all of which terms, provisions, and covenants shall be deemed material) within ten (10) days after written notice; provided, however, that if the failure does not pose a threat to the health or safety of any person and if the nature of the failure is such that more than ten days would be reasonably required to cure the failure, then Tenant shall not be in default provided that Tenant commences to cure the Premises default within such ten-day period and the same is not cured thereafter Tenant diligently cures such failure or default within thirty (30) days after the written notice thereof from Landlordnotice, unless and provided, however, that if the same cannot be cured within said thirty (30) day period, in which case Tenant shall have such additional time as is reasonably necessary failed to comply with any provision of this Lease on two (2) or more occasions within any twelve (12) month period, and if notice thereof shall have been provided by Landlord, no notice or opportunity for cure such default, not shall be required with respect to exceed ninety any subsequent noncompliance with the Lease; (90c) days the taking of the [LANDLORD'S INITIALS ______] [TENANT'S INITIALS ______] leasehold on execution or other process of law in any action against Tenant; (d) the failure of Tenant to accept the Premises, to promptly move into, complete any tenant improvements to, take possession of, and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes to operate its business in the same to completionPremises after the Commencement Date, or if Tenant ceases to do business in or abandons any substantial portion of the Premises, other than on account of force majeure; (4e) Tenant becoming insolvent or unable to pay its debts as they become due, or Tenant's notice to Landlord that it anticipates either condition; (f) the filing of any bankruptcy or similar proceeding by or against Tenant under any applicable law; (g) the appointment of a receiver or trustee for Tenant's leasehold interest in the Premises or for all or a receiver to take possession substantial part of all or substantially all the assets of Tenant’s assets occurs, ; (i) the death or if dissolution of the attachment, execution Tenant; and (h) any other act or other judicial seizure omission designated as an Event of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest Default in this Lease, occurs. The notices to Tenant required, and in the case opportunities for cure provided, under this Subsection 18.1 are the exclusive notice requirements and cure periods available to Tenant for any breach of an involuntary appointment onlythis Lease, the same is not dismissed within ninety (90) days from said appointmentand Tenant hereby waives all other or additional notice requirements, cure periods, and rights of redemption imposed, created, provided, or (5) Tenant or any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunderallowed by law.

Events of Default by Tenant. If (1) In the event of any failure of Tenant abandons to pay any rental or surrenders all other sums of money when due hereunder; or any part failure to observe or perform any other of the Premises prior terms, conditions or covenants of this Lease, including but not limited to the expiration of the Term of the Lease Building rules, to be observed or (2) Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions of this Lease or any other lease heretofore made performed by Tenant for space in the Premises and the same is not cured within thirty more than ten (3010) days after written notice thereof from Landlord, unless shall have been given to Tenant; or if the same cannot Tenant’s leasehold interest shall be cured within said thirty (30) day period, in which case taken on execution or other process of law against Tenant; or if Tenant or an agent of Tenant shall have such additional time as is reasonably necessary falsify any report required to cure such default, not be furnished to exceed ninety (90) days in any and all events, provided that Landlord pursuant to the terms of this Lease; or if Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes shall fail to accept the same to completionLeased Premises, or to promptly move into, take possession of, and operate its business on the Leased Premises when the Leased Premises are substantially complete; or if Tenant ceases to do business in or abandons any substantial portion of the Leased Premises; or if Tenant should at any time during the continuance of the Lease remove or attempt to remove the goods, furniture, effects, improvements and personal property brought thereon out of or from the Leased Premises (4) except in the ordinary course of business), without having paid in full all rent and other applicable charges which shall become due during the term of this Lease; or, if Tenant or any Guarantor of this Lease shall become bankrupt or insolvent, or file a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee or a receiver to take possession of all or substantially all a portion of Tenant’s assets occurs, or any Guarantor’s property; or if a petition or answer proposing the attachment, execution or other judicial seizure adjudication of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, or (5) Tenant or any of Guarantor as a bankrupt or its successors reorganization under any present or assigns future federal or state bankruptcy or similar law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or if Tenant or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or Guarantor makes an assignment for the benefit of creditors creditors, or petitions for similar relief or enters into an arrangement, or suffers this Lease to be taken under any present or future statutewrit of execution, law or regulation relating to relief of debtorsthen, or (6) Tenant or in any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; thensuch events, Tenant shall be deemed in breach and default hereunderof this Lease and Landlord, in its discretion and at its election, and in addition to all other rights and remedies it may have in law or in equity, shall also be entitled to those rights and remedies enumerated below.

Events of Default by Tenant. If It shall be an “Event of Default” under this Lease, if (1) Tenant abandons or surrenders all or any part of the Premises prior to the expiration of the Term of the Lease or (2i) Tenant fails to pay Fixed Rent or Additional Rent within five additional rent for more than seven (57) days days, after notice from Landlord thereof specifying such failure and that such failure may be an Event of delinquency, Default hereunder; (3ii) Tenant fails to fulfill any of the terms or conditions of this Lease or any perform its other lease heretofore made by Tenant non-monetary obligations hereunder for space in the Premises and the same is not cured within more than thirty (30) days after written notice thereof from Landlord, unless together with such additional time, if any, as is reasonably required to cure the same default if the default is of such a nature that it cannot reasonably be cured within said in thirty (30) day period, in which case days; or (iii) if Tenant shall have such additional time as is reasonably necessary to cure such default, not to exceed ninety (90) days in makes any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes assignment for the same to completionbenefit of creditors, or files a petition under any bankruptcy or insolvency law; or (4iv) the appointment of if such a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, petition is filed against Tenant and in the case of an involuntary appointment only, the same is not dismissed within one hundred and twenty (120) days; or (v) if a receiver becomes entitled to Tenant's leasehold hereunder and it is not returned to Tenant within ninety (90) days from said appointment, days; or (5vi) Tenant such leasehold is taken on execution or other process of law in any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed action against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, or (7) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted hereinTenant; then, and in any such cases, Landlord and the agents and servants of Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter while such default continues and without further notice enter into and upon the Premises or any part thereof in the name of the whole or mail a notice of termination addressed to Tenant at the Premises and repossess the same as of Landlord's former estate and expel Tenant and those claiming through or under Tenant and remove its and their effects without being deemed guilty of any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or prior breach of covenant, and upon such entry or mailing as aforesaid, this Lease shall terminate, but Tenant shall remain liable as hereinafter provided. After the occurrence of an Event of Default as aforesaid, Tenant hereby waives all statutory rights of redemption, if any to the extent such rights may be in default hereunderlawfully waived, and Landlord, without notice to Tenant, may store Tenant's effects and those of any person claiming through or under Tenant at the expense and risk of Tenant and, if Landlord so elects, may sell such effects at public auction or private sale and apply the net proceeds to the payment of all sums due to Landlord from Tenant, if any, and pay over the balance, if any, to Tenant.

Events of Default by Tenant. If It shall be an “Event of Default” under this Lease, if (1) Tenant abandons or surrenders all or any part of the Premises prior to the expiration of the Term of the Lease or (2i) Tenant fails to pay Fixed Rent or Additional Rent within five additional rent for more than seven (57) days days, after written notice from Landlord thereof specifying such failure and that such failure may be an Event of delinquency, Default hereunder; (3ii) Tenant fails to fulfill any of the terms or conditions of this Lease or any perform its other lease heretofore made by Tenant non-monetary obligations hereunder for space in the Premises and the same is not cured within more than thirty (30) days after written notice thereof from Landlord, unless together with such additional time, if any, as is reasonably required to cure the same default if the default is of such a nature that it cannot reasonably be cured within said in thirty (30) day period, in which case days; or (iii) if Tenant shall have such additional time as is reasonably necessary to cure such default, not to exceed ninety (90) days in makes any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes assignment for the same to completionbenefit of creditors, or files a petition under any bankruptcy or insolvency law; or (4iv) the appointment of if such a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, petition is filed against Tenant and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, days; or (5v) if a receiver becomes entitled to Tenant’s leasehold hereunder and it is not returned to Tenant or any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days of the date of the filing thereof, days; or (7vi) Tenant shall permit, allow such leasehold is taken on execution or suffer to exist other process of law in any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted hereinaction against Tenant; then, and in any such cases, Landlord and the agents and servants of Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter while such default continues and without further notice enter into and upon the Premises or any part thereof in the name of the whole or mail a notice of termination addressed to Tenant at the Premises and repossess the same as of Landlord’s former estate and expel Tenant and those claiming through or under Tenant and remove its and their effects without being deemed guilty of any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or prior breach of covenant, and upon such entry or mailing as aforesaid, this Lease shall terminate, but Tenant shall remain liable as hereinafter provided. After the occurrence of an Event of Default as aforesaid, Tenant hereby waives all statutory rights of redemption, if any to the extent such rights may be in default hereunderlawfully waived, and Landlord, without notice to Tenant, may store Tenant’s effects and those of any person claiming through or under Tenant at the expense and risk of Tenant and, if Landlord so elects, may sell such effects at public auction or private sale and apply the net proceeds to the payment of all sums due to Landlord from Tenant, if any, and pay over the balance, if any, to Tenant.

Events of Default by Tenant. The following shall, upon the giving of notice to Tenant of the nature of the default and the expiration of any applicable grace period afforded Tenant hereunder as set forth in Section 23.B. constitute an Event of Default under this Lease. If (1) Tenant abandons or surrenders all or fails to make any part payment of the Premises prior to the expiration of the Term of the Lease Rent when due (a "Monetary Default"); or (2) Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions of conditions, covenants, agreements or any rules and regulations attached to this Lease, as Exhibit "C" or promulgated by Landlord under this Lease or any other lease heretofore made by Tenant for space which shall in all instances be reasonable and have as close to equal application to all tenants of the Premises and the same is not cured within thirty (30) days after written notice thereof from Landlord, unless the same cannot be cured within said thirty (30) day period, in which case Tenant shall have such additional time Building as is reasonably necessary to cure such default, not to exceed ninety practicable (90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completion, a "Non-Monetary Default"); or (43) the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s 's assets occurs, and such appointment is not dismissed within thirty (30) days after appointment, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s 's assets located at the Premises, or of Tenant’s 's interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, ; or (54) Tenant or any of its successors or assigns or any guarantor of this Lease (“"Guarantor”) "), if any, should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, ; or (65) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same such proceeding is not be dismissed within ninety thirty (9030) days of filing; or (6) Tenant, before the date expiration of the filing thereofLease Term and without the prior written consent of Landlord, vacates the Premises or abandons possession of the Premises, and fails to pay Rent on a timely basis; or (7) Tenant shall permit, allow or suffer to exist any lienlien by or through Tenant, judgment, writ, assessment, charge, attachment or execution upon Landlord’s 's or Tenant's interest in this Lease or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; thenwhether claimant or holder thereof has acquired its right by or through Tenant, Tenant shall be in default hereunderunless such lien, judgment, writ, assessment, charge, attachment or execution is discharged of record or transferred from the Property by bond within ten (10) days following notice to Tenant.

Events of Default by Tenant. The following shall, upon the giving of notice to Tenant of the nature of the default and the expiration of any applicable grace period afforded Tenant hereunder as set forth in Section 23.B. constitute an Event of Default under this Lease. If (1) Tenant abandons or surrenders all or fails to make any part payment of the Premises prior to the expiration of the Term of the Lease Rent when due (a "Monetary Default"); or (2) Tenant fails to pay Rent or Additional Rent within five (5) days after notice from Landlord of delinquency, (3) Tenant fails to fulfill any of the terms or conditions of conditions, covenants, agreements or any rules and regulations attached to this Lease, as Exhibit "C" or promulgated by Landlord under this Lease or any other lease heretofore made by Tenant for space which shall in all instances be reasonable and have as close to equal application to all tenants of the Premises and the same is not cured within thirty (30) days after written notice thereof from Landlord, unless the same cannot be cured within said thirty (30) day period, in which case Tenant shall have such additional time Building as is reasonably necessary to cure such default, not to exceed ninety practicable (90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completion, a "Non-Monetary Default"); or (43) the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s 's assets occurs, and such appointment is not dismissed within thirty (30) days after appointment, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s 's assets located at the Premises, or of Tenant’s 's interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, ; or (54) Tenant or any of its successors or assigns or any guarantor of this Lease (“"Guarantor”) "), if any, should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, ; or (65) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same such proceeding is not be dismissed within ninety thirty (9030) days of filing; or (6) Tenant, before the date expiration of the filing thereofLease Term and without the prior written consent of Landlord, vacates the Premises or abandons possession of the Premises, and fails to pay Rent on a timely basis; or (7) Tenant shall permit, allow or suffer to exist any lienlien by or through Tenant, judgment, writ, assessment, charge, attachment or execution upon Landlord’s 's or Tenant's interest in this Lease or to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; thenwhether claimant or holder thereof has acquired its right by or through Tenant, Tenant shall be in default hereunderunless such lien, judgment, writ, assessment, charge, attachment or execution is discharged of record or transferred from BLUE LAKE STANDARD LEASE the Property by bond within ten (10) days following notice to Tenant.

Events of Default by Tenant. If It shall be an “Event of Default” under this Lease, if (1) Tenant abandons or surrenders all or any part of the Premises prior to the expiration of the Term of the Lease or (2i) Tenant fails to pay Fixed Rent or Additional Rent within five additional rent for more than seven (57) days days, after notice from Landlord thereof specifying such failure and that such failure may be an Event of delinquency, Default hereunder; or (3ii) Tenant fails to fulfill any of the terms or conditions of this Lease or any other lease heretofore made by Tenant perform its non-monetary obligations hereunder for space in the Premises and the same is not cured within more than thirty (30) days after written notice thereof from Landlord, unless together with such additional time, if any, as is reasonably required to cure the same default if the default is of such a nature that it cannot reasonably be cured within said in thirty (30) day period, in which case Tenant shall have such additional time as is reasonably necessary to cure such default, not to exceed ninety (90) days in any and all events, provided that Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes the same to completion, days; or (4) the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same is not dismissed within ninety (90) days from said appointment, or (5iii) Tenant or makes any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors creditors, or for similar relief files a petition under any present bankruptcy or future statute, insolvency law or regulation relating to relief of debtors, and such petition is not dismissed within one hundred fifty (150) days; or (6iv) if a receiver becomes entitled to Tenant’s leasehold hereunder and it is not returned to Tenant within one hundred fifty (150) days; or (v) such leasehold is taken on execution or other process of law in any action against Tenant; then, and in any such cases, Landlord and the agents and servants of Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter while such default continues and without further notice enter into and upon the Premises or any part thereof in the name of its successors the whole or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition mail a notice of termination addressed to Tenant at the address for notices contained in bankruptcy, reorganization or arrangement filed against it this Lease and repossess the same not as of Landlord’s former estate and expel Tenant and those claiming through or under Tenant and remove its and their effects without being deemed guilty of any manner of trespass and without prejudice to any remedies which might otherwise be dismissed used for arrears of rent or prior breach of covenant, and upon such entry or mailing as aforesaid, this Lease shall terminate. After any such termination, Tenant hereby waives all statutory rights of redemption, if any to the extent such rights may be lawfully waived, and Landlord, without notice to Tenant, may store Tenant’s effects and those of any person claiming through or under Tenant at the expense and risk of Tenant and, if Landlord so elects, may sell such effects at public auction or private sale and apply the net proceeds to the payment of all sums due to Landlord from Tenant, if any, and pay over the balance, if any, to Tenant, but only if Tenant fails to claim such effects within ninety forty-five (9045) days of the date termination of the filing thereof, or (7) Lease. If Tenant shall permitat any time default in the performance of any obligation under this Lease which default shall remain uncured after the expiration of any applicable notice and cure periods therefore and Landlord does not have notice that Tenant is disputing such obligation in good faith, allow or suffer Landlord shall have the right, but shall not the obligation, to exist any lien, judgment, writ, assessment, charge, attachment or execution enter upon Landlord’s or the Premises and to the Premises, and/or the fixtures, improvements and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunder.perform such

Events of Default by Tenant. If (1) In the event Tenant abandons or surrenders all or any part should default in payment of the Premises prior to the expiration of the Term of the Lease or (2) Tenant fails to pay Base Rent or Additional Rent within five when due, Landlord shall give Tenant written notice of such default, and Tenant shall have ten (510) days after from the date of receiving such notice from to correct same. Should Tenant fail to correct such default in said 10-day period, Landlord of delinquencymay, (3) Tenant fails in addition to fulfill any all other rights available to Landlord under the laws of the terms or conditions State of Wisconsin, terminate Tenant’s right to possession and continue to hold Tenant liable for performance of all of Tenant’s obligations under this Lease or Lease, including, without limitation, payment of Base Rent, Additional Rent and all other monetary charges. In the event Tenant should fail to comply with any other lease heretofore made by of its obligations under this Lease, Landlord shall give Tenant for space in written notice of such default. Should such default continue to exist at the Premises and the same is not cured within expiration of thirty (30) days after written notice thereof from Landlordthe date of receipt of such notice, unless the same canand Tenant is not be cured within said thirty (30) day period, then engaged in which case Tenant shall have such additional time as is reasonably necessary prudent efforts to cure such default, not Landlord may, in addition to exceed ninety (90) days in any all other rights available to Landlord under the laws of the State of Wisconsin, terminate Tenant’s right to possession and continue to hold Tenant liable for performance of all of Tenant’s obligations under this Lease, including, without limitation, payment of Base Rent, Additional Rent and all events, other monetary charges. Should Tenant correct its default within the time provided that Tenant commences or correct such cure within said thirty (30) day default by action commenced during such time period and thereafter diligently prosecutes prudently pursued thereafter, then Tenant’s rights hereunder shall be re-established as though said default had not occurred (other than Tenant’s obligation to pay the 10% late charge). In addition to the foregoing, the following shall also constitute a default under the Lease: (i) the making by Tenant of any general assignment pursuant to any state bankruptcy, receivership, or equivalent state law, or general arrangement for the benefit of creditors pursuant to the same; (ii) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same to completion, or is dismissed within sixty (460) days); (iii) the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurslocated at the Leased Premises or of Tenant’s interest in this Lease, where possession is not restored to Tenant within sixty (60) days; (iv) upon the dissolution of Tenant; or if (v) the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, Leased Premises or of Tenant’s interest in this Lease, occurs, and in the case of an involuntary appointment only, the same where such seizure is not dismissed discharged within ninety sixty (9060) days from said appointmentdays, then Landlord at its option may pursue any rights or (5) Tenant remedies available to Landlord, at law or in equity. In the event of any of its successors or assigns or any guarantor of this Lease (“Guarantor”) should file any voluntary petition the foregoing defaults, Landlord may, in bankruptcy, reorganization or arrangement, or an assignment for addition to all other rights available to Landlord under the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (6) Tenant or any of its successors or assigns or any Guarantor should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it and the same not be dismissed within ninety (90) days laws of the date State of the filing thereofWisconsin, or (7) terminate Tenant’s right to possession and continue to hold Tenant shall permitliable for performance of all of Tenant’s obligations under this Lease, allow or suffer to exist any lienincluding, judgmentwithout limitation, writpayment of Base Rent, assessment, charge, attachment or execution upon Landlord’s or to the Premises, and/or the fixtures, improvements Additional Rent and furnishings located thereon, except as otherwise permitted herein; then, Tenant shall be in default hereunderall other monetary charges.