Common use of Landlord’s Right to Cure Clause in Contracts

Landlord’s Right to Cure. If an Event of Default has occurred and is continuing, Landlord, without thereby waiving such Event of Default, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafter, and without notice. in the case of emergency or in case the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses incurred by Landlord in connection with any such performance by it for the account of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premises, shall be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms of the bills rendered by Landlord to Tenant.

Landlord’s Right to Cure. If an Event of Default has occurred Tenant shall fail or neglect to do or perform any covenant or condition required under this Lease and is continuingsuch failure shall not be cured within any applicable grace period, LandlordLandlord may, without thereby waiving such Event of Defaultdefault, may on five (5) business days notice to Tenant, but shall not be required to, make any payment payable by Tenant hereunder, discharge any lien, take out, pay for and maintain any insurance required hereunder, or do or perform or cause to be done or performed any such obligation other act or thing (entering upon the Premises for the account and at the expense of Tenant: (i) immediately or at any time thereaftersuch purposes, if Landlord shall so elect), and without notice. in the case of emergency Landlord shall not be or be held liable or in case any way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to Tenant on account thereof. Tenant shall repay to Landlord within five (5) business days following demand the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, entire out-of-pocket cost and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses expense incurred by Landlord in connection with any such performance by it the cure, including, without limitation, compensation to the agents, consultants and contractors of Landlord and reasonable attorneys’ fees and expenses. Landlord shall also impose a thirty percent (30%) administrative fee to compensate Landlord for the account cost of Tenant and performing on behalf of Tenant. Landlord may act upon shorter notice or no notice at all costs and expenses, including if necessary in Landlord’s reasonable counsel fees and disbursements, incurred by Landlord judgment to meet an emergency situation to protect Landlord’s interest in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premises, . Landlord shall not be required to inquire into the correctness of the amount of validity or any tax or lien that may be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable Landlord shall be duly protected in paying the amount of any such tax or lien claimed and in such event Landlord also shall have the full authority, in Landlord’s sole judgment and discretion and without prior notice to Landlord or approval by Tenant, and all charges, amounts and sums payable to settle or compromise any such lien or tax. Any act or thing done by Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to the provisions of this Lease Section shall not be or at the request and for the account be construed as a waiver of any such failure by Tenant, are providedor as a waiver of any term, furnished covenant, agreement or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms condition herein contained or of the bills rendered by Landlord to Tenantperformance thereof.

Landlord’s Right to Cure. If an Event of Default has occurred Tenant shall fail or neglect to do or perform any covenant or condition required under this Lease and is continuingsuch failure shall not be cured within any applicable grace period, LandlordLandlord may, without thereby waiving on five (5) days notice to Tenant, but shall not be required to, make any payment payable by Tenant hereunder, discharge any lien, take out, pay for and maintain any insurance required hereunder, or do or perform or cause to be done or performed any such Event of Defaultother act or thing (entering upon the Premises for such purposes, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafterif Landlord shall so elect), and without notice. in the case of emergency Landlord shall not be or be held liable or in case any way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to Tenant on account thereof. Tenant shall repay to Landlord within twenty (20) days after demand the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, entire out-of-pocket cost and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses expense incurred by Landlord in connection with the cure, including, without limitation, compensation to the agents, consultants and contractors of Landlord and reasonable attorneys’ fees and expenses. Landlord may act upon shorter notice or no notice at all if necessary in Landlord’s reasonable judgment to meet an emergency situation or governmental or municipal time limitation or to protect Landlord’s interest in the Premises. Landlord shall not be required to inquire into the correctness of the amount of validity or any such performance tax or lien that may be paid by it for the account Landlord on behalf of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premises, shall be paid by Tenant duly protected in paying the amount of any such tax or lien claimed and in such event Landlord also shall have the full authority, in Landlord’s sole judgment and discretion and without prior notice to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord or approval by Tenant, and all charges, amounts and sums payable to settle or compromise any such lien or tax. Any act or thing done by Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to the provisions of this Lease Section shall not be or at the request and for the account be construed as a waiver of any such failure by Tenant, are providedor as a waiver of any term, furnished covenant, agreement or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms condition herein contained or of the bills rendered by Landlord to Tenantperformance thereof.

Landlord’s Right to Cure. If an Event of Default has occurred Tenant shall fail or neglect to do or perform any covenant or condition required under this Lease and is continuingsuch failure shall not be cured within any applicable grace period, LandlordLandlord may, without thereby waiving on five (5) days notice to Tenant, but shall not be required to, make any payment payable by Tenant hereunder, discharge any lien, take out, pay for and maintain any insurance required hereunder, or do or perform or cause to be done or performed any such Event of Defaultother act or thing (entering upon the Premises for such purposes, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafterif Landlord shall so elect), and without notice. in the case of emergency Landlord shall not be or be held liable or in case any way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to Tenant on account thereof. Tenant shall repay to Landlord within fifteen (15) days after demand the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, entire out-of-pocket cost and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses expense incurred by Landlord in connection with any such performance by it for the account cure, including, without limitation, compensation to the agents, consultants and contractors of Tenant Landlord and all costs reasonable attorneys’ fees and expenses, including . Landlord may act upon shorter notice or no notice at all if necessary in Landlord’s reasonable counsel fees and disbursements, incurred by Landlord in any action judgment to meet an emergency situation or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in governmental or municipal time limitation or to protect Landlord’s interest in the Premises, . Landlord shall not be required to inquire into the correctness of the amount of validity or any tax or lien that may be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable Landlord shall be duly protected in paying the amount of any such tax or lien claimed and in such event Landlord also shall have the full authority, in Landlord’s sole judgment and discretion and without prior notice to Landlord or approval by Tenant, and all charges, amounts and sums payable to settle or compromise any such lien or tax. Any act or thing done by Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to the provisions of this Lease Section shall not be or at the request and for the account be construed as a waiver of any such failure by Tenant, are providedor as a waiver of any term, furnished covenant, agreement or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms condition herein contained or of the bills rendered by Landlord to Tenantperformance thereof.

Landlord’s Right to Cure. If an Event Tenant defaults in the performance of Default has occurred and is continuingany obligations under this Lease, Landlord, without thereby waiving such Event of Defaultdefault, may perform such obligation for the account and obligations at the expense of Tenant’s expense: (ia) immediately or at any time thereafterimmediately, and without notice. , in the case of emergency or in case if the matter giving rise to such Event of Default default (Ai) materially interferes with the use by any other tenant of any space in the BuildingsBuilding, (Bii) materially interferes with the efficient operation of the BuildingsBuilding, (Ciii) will result results in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (Eiv) will results or may result in a cancellation of any insurance policy maintained by Landlord, and (iib) in any other case if such Event of Default default continues after 10 days ten (10) Business Days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All reasonable costs and expenses incurred by Landlord in connection with any such performance by it for the account of Tenant and all reasonable costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord as a result of any Event of Default or in any action or proceeding (including any summary dispossess process proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premises, or any other such action or proceeding in which Landlord is a party, shall be paid by Tenant to Landlord on demandwithin thirty (30) days after demand therefor, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease Lease, attributable directly to Tenant’s use and occupancy of the Premises or presence at the Building, or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms within thirty (30) days after receipt of the bills rendered by Landlord to TenantLandlord’s invoice for such amount.

Landlord’s Right to Cure. If an Event of Default has occurred Tenant shall fail or neglect to do or perform any covenant or condition required under this Lease and is continuingsuch failure shall not be cured within any applicable grace period, LandlordLandlord may, without thereby waiving on five (5) days’ notice to Tenant, but shall not be required to, make any payment payable by Tenant hereunder, discharge any lien, take out, pay for and maintain any insurance required hereunder, or do or perform or cause to be done or performed any such Event of Defaultother act or thing (entering upon the Premises for such purposes, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafterif Landlord shall so elect), and without notice. in the case of emergency Landlord shall not be or be held liable or in case the matter giving rise any way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to such Event of Default Tenant on account thereof. Tenant shall repay to Landlord within fifteen (A15) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, days after demand all reasonable out-of-pocket cost and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses expense incurred by Landlord in connection with any such performance by it for the account cure, including, without limitation, compensation to the agents, consultants and contractors of Tenant Landlord and all costs reasonable attorneys’ fees and expenses, including . Landlord may act upon shorter notice or no notice at all if necessary in Landlord’s reasonable counsel fees and disbursements, incurred by Landlord in any action judgment to meet an emergency situation or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in governmental or municipal time limitation or to protect Landlord’s interest in the Premises, . Landlord shall not be required to inquire into the correctness of the amount of validity or any tax or lien that may be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable Landlord shall be duly protected in paying the amount of any such tax or lien claimed and in such event Landlord also shall have the full authority, in Landlord’s sole judgment and discretion and without prior notice to Landlord or approval by Tenant, and all charges, amounts and sums payable to settle or compromise any such lien or tax. Any act or thing done by Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to the provisions of this Lease Section shall not be or at the request and for the account be construed as a waiver of any such failure by Tenant, are providedor as a waiver of any term, furnished covenant, agreement or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms condition herein contained or of the bills rendered by Landlord to Tenantperformance thereof.

Landlord’s Right to Cure. If an Event of Default has occurred Tenant shall fail or neglect to do or perform any covenant or condition required under this Lease and is continuingsuch failure shall not be cured within any applicable grace period, LandlordLandlord may, without thereby waiving on five (5) days notice to Tenant, but shall not be required to, make any payment payable by Tenant hereunder, discharge any lien, take out, pay for and maintain any insurance required hereunder, or do or perform or cause to be done or performed any such Event of Defaultother act or thing (entering upon the Premises for such purposes, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafterif Landlord shall so elect), and without notice. in the case of emergency Landlord shall not be or be held liable or in case any way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to Tenant on account thereof. Tenant shall repay to Landlord within twenty (20) days after demand the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, entire out-of-pocket cost and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses expense incurred by Landlord in connection with any such performance by it for the account cure, including, without limitation, compensation to the agents, consultants and contractors of Tenant Landlord and all costs reasonable attorneys’ fees and expenses, including . Landlord may act upon shorter notice or no notice at all if necessary in Landlord’s reasonable counsel fees and disbursements, incurred by Landlord in any action judgment to meet an emergency situation or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in governmental or municipal time limitation or to protect Landlord’s interest in the Premises, . Landlord shall not be required to inquire into the correctness of the amount of validity or any tax or lien that may be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable Landlord shall be duly protected in paying the amount of any such tax or lien claimed and in such event Landlord also shall have the full authority, in Landlord’s sole judgment and discretion and without prior notice to Landlord or approval by Tenant, and all charges, amounts and sums payable to settle or compromise any such lien or tax. Any act or thing done by Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to the provisions of this Lease Section shall not be or at the request and for the account be construed as a waiver of any such failure by Tenant, are providedor as a waiver of any term, furnished covenant, agreement or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms condition herein contained or of the bills rendered by Landlord to Tenantperformance thereof.

Landlord’s Right to Cure. If an Event of Default has occurred and is continuing, Landlord, without thereby waiving such Event of Default, may perform such obligation for the account and at the expense of Tenant: (i) immediately or Tenant shall at any time thereafterfail to make any payment or perform any other act on its part to be made or performed pursuant to this Restated Lease and such failure continues beyond any applicable notice or cure period, then Landlord, after ten (10) Business Days' Notice to Tenant, or with such notice (if any) as is reasonably practicable under the circumstances in case of an emergency, and without notice. in the case of emergency waiving or in case the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, and (ii) in any other case if such Event of Default continues after 10 days releasing Tenant from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses incurred by Landlord in connection with any such performance by it for the account of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant or from any Default by Tenant and without waiving Landlord's right to take such action as may be permissible under this Restated Lease and/or right as a result of Landlord in or to the Premisessuch Default, may (but shall be under no obligation to) make such payment or perform such act on Tenant's part to be made or performed pursuant to this Restated Lease. Landlord may enter upon any Property for such purpose, and take all such action on any such Property, as may be reasonably necessary under the circumstances, but in doing so shall not unreasonably interfere with the conduct of operations on any such Property by Tenant or anyone claiming through Tenant and shall comply with Tenant's reasonable instructions. Tenant shall reimburse Landlord, as Additional Rent (within twenty (20) days after Notice from Landlord accompanied by reasonable backup documentation), for all actual, out-of-pocket sums paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date and all actual costs and expenses reasonably incurred by Landlord. Except as expressly provided to the contrary , together with Landlord's Legal Costs, in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance connection with the terms exercise of the bills rendered by Landlord to TenantLandlord's cure rights under this Section.

Landlord’s Right to Cure. 10.1 In the event of breach, default, or noncompliance hereunder by Landlord, Tenant shall, before exercising any right or remedy available to it, give Landlord written notice of the claimed breach, or noncompliance. If prior to its giving such notice Tenant has been notified in writing by way of Notice of Assignment of Rents and Leases, or otherwise to the address of a lender which has furnished financing that is secured by a mortgage or deed of Trust on the Demised Premises concurrently with giving the aforesaid notice to Landlord, Tenant shall, by Certified Mail, transmit a copy thereof to such lender. For the thirty (30) days following such notice (or such longer period of time as may be reasonably required to cure a matter which, due to its nature, cannot reasonable be remedied within thirty (30) days), Landlord shall have the right to cure the breach, default or noncompliance involved. If Landlord has failed to cure a Default within said period, any such lender shall have an Event of Default additional thirty (30) days within which to cure the same or, if such default cannot be cured within that period, such additional time as may be necessary if within such thirty (30) day period said lender has occurred commenced and is continuingdiligently pursuing the actions or remedies necessary to cure the breach, LandlordDefault or noncompliance involved (including, without thereby waiving but not limited to, commencement and prosecution of proceedings to foreclose or otherwise exercise its rights under its mortgage or other security instrument if necessary to effect such Event cure, in which event this Lease shall not be terminated by Tenant so long as such actions or remedies are being diligently pursued by said lender.) 10.2 Anything in this Lease to the contrary notwithstanding, Tenant agrees that it shall look solely to the estate and property of DefaultLandlord in the land and buildings comprising the Demised Premises and subject to prior rights of any mortgagee of the Demised Premises or any part there of, may perform such obligation for the account and at collection of any judgment (or other judicial process) requiring the expense payment of Tenant: (i) immediately money by Landlord in the event of any default or at breach by Landlord with respect to any time thereafterterms, covenants, and without notice. in the case conditions of emergency or in case the matter giving rise this Lease to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained be observed and/or performed by Landlord, and (ii) in any no other case if such Event assets of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so shall be subject to perform the defaulted obligation. All costs and expenses incurred by Landlord in connection with any such performance by it levy, execution or other procedures for the account of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premises, shall be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account satisfaction of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms of the bills rendered by Landlord to Tenant's remedies.

Landlord’s Right to Cure. If an Event of Default has occurred and is continuing, Landlord, without thereby waiving such Event of Default, may perform such obligation for the account and at the expense of Tenant: (i) immediately or Tenant shall at any time thereafterfail to (a) pay any Imposition in accordance with the provisions of ARTICLE 5, (b) to take out, pay for, maintain or deliver any of the insurance policies provided for in ARTICLE 7, (c) to perform any maintenance or repair required by SECTION 8.1, (d) to cause any lien of the character referred to in SECTION 8.4 to be discharged as therein provided, or (e) shall fail to perform any other act on its part to be performed under this Lease and without notice. such failure shall continue for a period of thirty (30) days after notice thereof, specifying such failure, shall have been given to Tenant or, in the case of emergency a failure which cannot with due diligence be remedied by Tenant within thirty (30) days, if Tenant shall fail to proceed as promptly as may reasonably be possible after the service of such notice and with all due diligence to remedy the failure or shall thereafter fail to prosecute the remedying of such failure with all due diligence, the Landlord may, but shall not be obligated to do so, and without further notice or demand upon Tenant and without waiving or releasing Tenant from any obligations of Tenant in case the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildingsthis Lease contained, (Bi) materially interferes with pay any Imposition payable by Tenant pursuant to the efficient operation provisions of ARTICLE 5, (ii) take out, pay for and maintain any of the Buildingsinsurance policies provided for in ARTICLE 7, (Ciii) will result in a violation of perform any Requirementmaintenance or repair required by SECTION 8.1, (Div) will result discharge any lien of the character referred to in a default under any Mortgage or Superior LeaseSECTION 8.4, or (Ev) will result perform any other act on Tenant's part to be performed as in this Lease provided; provided, however, that, if Tenant's failure shall have created a cancellation situation which, in the reasonable opinion of any insurance policy maintained by Landlord, and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice threatens imminent loss or impairment of Landlord’s intention so 's estate hereunder or Landlord's interest in the Demised Premises or imminent loss or damage to perform persons or property, or threatens civil and/or criminal penalties to Landlord, the defaulted obligationLandlord may act immediately and without prior written notice to Tenant but Landlord shall attempt to give Tenant such notice as is reasonable under the circumstances. All reasonable sums so paid by Landlord and all necessary incidental and reasonable costs and expenses paid or incurred by Landlord in connection with the performance of any such performance act by it for Landlord, together with interest thereon from the account date of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred making of such expenditure by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to at the PremisesDefault Rate, shall be paid payable by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms of the bills rendered by Landlord to Tenant.

Landlord’s Right to Cure. If an Event of Default has occurred Tenant shall fail or neglect to do or perform any covenant or condition required under this Lease and is continuingsuch failure shall not be cured within any applicable grace period after written notice by Landlord to Tenant, LandlordLandlord may, without thereby waiving on five (5) additional days notice to Tenant, but shall not be required to, make any payment payable by Tenant hereunder, discharge any lien, take out, pay for and maintain any insurance required hereunder, or do or perform or cause to be done or performed any such Event of Defaultother act or thing (entering upon the Premises for such purposes, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafterif Landlord shall so elect), and without notice. in the case of emergency Landlord shall not be or be held liable or in case any way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to Tenant on account thereof. Tenant shall repay to Landlord within twenty (20) days after demand the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, entire out-of-pocket cost and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses expense reasonably incurred by Landlord in connection with any such performance by it for the account cure, including, without limitation, compensation to the agents, consultants and contractors of Tenant Landlord and all costs reasonable attorneys’ fees and expenses, including . Landlord may act upon shorter notice or no notice at all if necessary in Landlord’s reasonable counsel fees and disbursements, incurred by Landlord in any action judgment to meet an emergency situation or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in governmental or municipal time limitation or to protect Landlord’s interest in the Premises, . Landlord shall not be required to inquire into the correctness of the amount of validity or any tax or lien that may be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable Landlord shall be duly protected in paying the amount of any such tax or lien claimed and in such event Landlord also shall have the full authority, in Landlord’s sole judgment and discretion and without prior notice to Landlord or approval by Tenant, and all charges, amounts and sums payable to settle or compromise any such lien or tax. Any act or thing done by Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to the provisions of this Lease Section shall not be or at the request and for the account be construed as a waiver of any such failure by Tenant, are providedor as a waiver of any term, furnished covenant, agreement or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms condition herein contained or of the bills rendered by Landlord to Tenantperformance thereof.

Landlord’s Right to Cure. If an Event Tenant defaults in the performance of Default has occurred and is continuingits obligations under this Lease, Landlord, without thereby waiving such Event of Defaultdefault, may perform such obligation for the account and at the expense of Tenant: (ia) immediately or at any time thereafter, thereafter and without notice. , in the case of emergency or in the case the matter giving rise to such Event of Default default (Ai) materially interferes with the use by any other tenant of any space in the BuildingsBuilding, (Bii) materially interferes with the efficient operation of the BuildingsBuilding, (Ciii) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (Eiv) will result in a cancellation of any insurance policy maintained by Landlord, or (v) will result in a breach of or default under any Superior Lease or Mortgage, and (iib) in any other case if such Event of Default default continues after 10 days Business Days from the date Landlord gives notice of Landlord’s 's intention so to perform the defaulted obligation if Tenant does not cure within such 10 Business Day period. Notwithstanding the foregoing, Landlord shall use its reasonable efforts to notify Tenant of Landlord's intent to perform any Tenant obligation, provided, however, that a failure of Landlord to provide such notice shall not prevent Landlord from collecting its costs from Tenant nor of calling a default with respect to such Tenant obligation. All actual costs and expenses incurred by Landlord in connection with any such performance by it for the account of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premises, shall be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all out-of-pocket costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms of the bills rendered by Landlord to Tenant.

Landlord’s Right to Cure. If an Event Tenant defaults in the performance of Default has occurred and is continuingany of its obligations under this Lease, Landlord, without thereby waiving such Event of Defaultdefault, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafter, and without notice. , in the case of emergency or in case the matter giving rise to such Event of Default default (A) materially interferes with the use by any other tenant of any space in the BuildingsBuilding, (B) materially interferes with the efficient operation of the BuildingsBuilding, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, and (ii) in any other case if such Event of Default default continues after more than 10 days from the date Landlord gives notice of Landlord’s 's intention so to perform the defaulted obligation. All costs and expenses incurred by Landlord in connection with any such performance by it for the account of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premises, shall be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms of the bills rendered by Landlord to Tenant.

Landlord’s Right to Cure. If an Event of Default has occurred and is continuing, Landlord, without thereby waiving such Event of Default, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafter, and without notice. in the case of emergency or in case the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses incurred by Landlord in connection with any such performance by it for the account of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premises, shall be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by LandlordXxxxxxxx. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms of the bills rendered by Landlord to Tenant.

Landlord’s Right to Cure. If an Event Tenant shall fail to perform any obligation under this Lease, including any Repairs, Tenant Removable Obligations or obligations regarding insurance, Mechanics Liens or Hazardous Materials, Landlord may, but shall not be obligated to, make any such payment or perform any such act on Tenant’s part without waiving its rights based upon any default of Default has occurred Tenant and is continuingwithout releasing Tenant from any obligations hereunder, Landlord, without thereby waiving such Event of Default, may perform such obligation for the account and at the expense of Tenant: (ia) immediately or at any time thereafterimmediately, and without notice. , in the case of emergency or in case if the matter giving rise to such Event of Default default (Ai) materially interferes with the use by any other tenant of any space in the BuildingsBuilding, (Bii) materially interferes with the efficient operation of the BuildingsBuilding, (Ciii) will result results in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Leaseapplicable Requirements, or (Eiv) results or will result in a cancellation of any insurance policy maintained by Landlord, and (iib) in any other case if such Event of Default default continues for ten (10) days after 10 days from the date Landlord gives notice Notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses incurred by Landlord in connection with any such performance by it for the account of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premises, shall be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly may be specifically provided to the contrary in this Lease, Tenant shall pay to Landlord, upon delivery by Landlord to Tenant of statements therefor: (i) all reasonable costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by perform Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, ’s obligations pursuant to the provisions of Article 19 plus Landlord’s Administrative Charge; (ii) all Landlord Losses referred to in Article 10 of this Lease; and (iii) sums equal to all expenditures made and obligations incurred by Landlord in collecting or attempting to collect the Rent or in enforcing or attempting to enforce any rights of Landlord under this Lease or at pursuant to law, including, without limitation, all reasonable legal fees and other amounts so expended. Tenant’s obligations under this Article 19 shall survive the request and for the account of Tenant, are provided, furnished expiration or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms sooner termination of the bills rendered by Landlord to TenantTerm.

Landlord’s Right to Cure. In the event of any noncompliance hereunder by LANDLORD, TENANT shall, before exercising any right or remedy available to it, give LANDLORD written notice of such noncompliance. If prior to its giving such notice TENANT has been notified in writing (by way of Notice of Assignment of Rents and Leases, or otherwise) of the address of a Lender which has furnished any of the financing referred to in Section 17 hereof, concurrently with giving the aforesaid notice to LANDLORD, TENANT shall, by registered or certified mail postage prepaid, transmit a copy thereof to such Lender. For the thirty (30) days following the giving of the notice(s) required by the foregoing portion of this Section 16 (or such longer period of time as may be reasonably required to cure a matter which, due to its nature, cannot reasonably be rectified within thirty (30) days), LANDLORD shall have the right to cure the noncompliance involved. If LANDLORD has failed to effect such cure within such period, any such Lender shall have an Event of Default additional thirty (30) days within which to cure the same or, if such default cannot be cured within that period, such additional time as may be necessary, if within such thirty (30) day period said Lender has occurred commenced and is continuingdiligently pursuing the actions or remedies necessary to cure the noncompliance involved (including, Landlordbut not limited to, without thereby waiving commencement and prosecution of proceedings to foreclose or otherwise exercise its rights under its mortgage or other security instrument, if necessary to effect such Event of Defaultcure), may perform in which event this Lease shall not be terminated by TENANT so long as such obligation actions or remedies are being diligently pursued by said Lender. LANDLORD shall not be liable to TENANT for the account and at the expense of Tenant: (i) immediately or at any time thereafter, and without notice. in the case of emergency or in case the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses incurred by Landlord in connection with any such performance by it for the account of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right which occurs after the sale of Landlord in or the Building by LANDLORD, and TENANT agrees that its rights with respect to the Premisesany such default, if asserted, shall be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary asserted against LANDLORD'S successor in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenantinterest, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms of the bills rendered by Landlord to Tenantnot against LANDLORD.

Landlord’s Right to Cure. If All obligations to be performed by City under any of the terms of this Lease shall be at City's sole cost and expense. Without regard to whether or not such failure does or does not at such time constitute an Event event of Default has occurred and is continuingdefault, Landlordif City (a) shall fail to pay any sum of money, other than Rent, required to be paid by it hereunder or (b) shall fail, for any reason other than unavoidable delays, to perform any other act on its part to be performed hereunder within the time frame for such performance required under the Lease, upon seven (7) days written notice thereof by Landlord (except in cases of emergency when Landlord may proceed to cure without thereby waiving such Event of Defaultprior notice to City) Landlord may, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafterbut shall not be obligated so to do, and without noticewaiving or releasing city from any obligations of City, make any such payment or perform any such other act on City's part to be made or performed as in this Lease provided. All sums so paid by Xxxxxxxx and all necessary incidental costs, including costs of settlements, defense, court costs and attorneys' fees which Landlord may incur in the case of emergency or in case the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant course of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses incurred by Landlord in connection with any such performance by it for the account of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premisescure, shall be paid by Tenant payable to Landlord on demand, with interest thereon at and Landlord shall have (in addition to any ether right or remedy of Landlord) the Interest Rate from same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of rent. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE, LANDLORD ACKNOWLEDGES AND AGREES THAT NO OFFICER OR EMPLOYEE OF CITY HAS AUTHORITY TO COMMIT CITY HERETO UNLESS AND UNTIL CITY’S BOARD OF SUPERVISORS SHALL HAVE DULY ADOPTED A RESOLUTION APPROVING THIS LEASE AND AUTHORIZING CONSUMMATION OF THE TRANSACTION CONTEMPLATED HEREBY. THEREFORE, ANY OBLIGATIONS OR LIABILITIES OF CITY HEREUNDER ARE CONTINGENT UPON ADOPTION OF SUCH A RESOLUTION, AND THIS LEASE SHALL BE NULL AND VOID UNLESS CITY’S MAYOR AND BOARD OF SUPERVISORS APPROVE THIS LEASE, IN THEIR RESPECTIVE SOLE AND ABSOLUTE DISCRETION, AND IN ACCORDANCE WITH ALL APPLICABLE LAWS. APPROVAL OF THIS LEASE BY ANY DEPARTMENT, COMMISSION OR AGENCY OF CITY SHALL NOT BE DEEMED TO IMPLY THAT SUCH RESOLUTION WILL BE ADOPTED NOR WILL ANY SUCH APPROVAL CREATE ANY BINDING OBLIGATIONS ON CITY Landlord and City have executed this Lease as of the date first written above. LANDLORD: By: Xxxxxxx X. Xxxxxxxxx, as trustee for the Xxxxxxx and Xxxxx Xxxxxxxxx 1998 Revocable Trust (68% ownership) By: Xxxxx X. Xxxxxxxxx, as trustee for the Xxxxxxx and Xxxxx Xxxxxxxxx 1998 Revocable Trust (68% ownership) By: Xxxxxx X. Xxxxxxxxx (16%) as an individual held as his sole and separate property By: Xxxxx X. Xxxxxxxxx (16%) as an individual held as her sole and separate property CITY: CITY AND COUNTY OF SAN FRANCISCO,a municipal corporation By: XXXX XXXXXX Director of Property RECOMMENDED: Assessor - Recorder APPROVED AS TO FORM: XXXXXX X. XXXXXXX, City Attorney By: Deputy City Attorney CONSISTING OF PAGE(S) [Date] Mr. Xxxx Xxxxxx Director of Property Real Estate Division City and County of San Francisco 00 Xxx Xxxx Xxxxxx, Suite 400 San Francisco, California 94102 RE: Acknowledgement of Commencement Date, Lease Between (Landlord), and the CITY AND COUNTY OF SAN FRANCISCO (Tenant), for premises known as located at Dear Xx. Xxxxxx: This letter will confirm that for all purposes of the Lease, the Commencement Date (as defined in Section 3.2 of the Lease) is , 20 . Please acknowledge your acceptance of this letter by signing and returning a copy of this letter. Accepted and Agreed: By: Xxxx Xxxxxx Director of Property Dated: By:_ Title: 1 $104,687.50 $1,256,250.00 2 $107,828.12 $1,293,937.40 3 $111,062.95 $1,332,755.40 4 $114,394.83 $1,372,737.90 5 $117,826.66 $1,413,919.90 6 $121,361.44 $1,456,337.20 7 $125,002.27 $1,500,027.20 8 $128,752.32 $1,545,027.80 9 $132,614.87 $1,591,378.40 10 $136,593.30 $1,639,119.60 11 $140,691.09 $1,688,293.00 12 $144,911.81 $1,738,941.80 1. Costs of capital repairs, capital improvements and equipment, except for those Allowed Capital Costs as set forth in Section 4.7 of the Lease; 2. Rentals and other related expenses for items (except when needed in connection with normal repairs and maintenance of permanent systems) which if purchased rather than rented, would constitute a capital improvement which is specifically excluded in item 1 above (excluding, however, equipment not affixed to the Building which is used in providing janitorial or similar services); 3. Costs incurred by Landlord for the repair of damage to the Building, to the extent that Landlord is reimbursed by insurance proceeds (excluding any deductible not to exceed Ten Thousand Dollars ($10,000) which shall be paid by Tenant); 4. Depreciation, amortization and interest payments, except to the extent provided herein pursuant to items 1(i) and 1(ii) above and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party’s services, all as determined in accordance with generally accepted accounting principles, consistently applied (as applied to commercial real estate), and when depreciation or amortization is permitted or required, the item shall be amortized over its reasonably anticipated useful life (as reasonably determined by Landlord); 5. Leasing commissions, attorneys’ and other professionals’ fees, space planning costs and all other costs and expenses in connection with negotiations with present or prospective tenants or any present or future ground lessors or holders of any mortgages or other encumbrances affecting any of the Building or the defense of Landlord’s title to the Building or the real property on which it is located; 6. Costs incurred by Landlord due to violation by Landlord of applicable laws, rules or regulations, the terms and conditions of any lease, ground lease, mortgage or deed of trust, or other covenants, conditions or restrictions encumbering the Building or the real property on which it is located; 7. Overhead and profit increments paid to Landlord or to subsidiaries or affiliates of Landlord, for management, or other services, supplies or materials, to the extent the same exceed the costs of such goods and/or services rendered by unaffiliated third parties on a competitive, arms-length basis; 8. Any ground lease rental or rental under any other underlying leases; 9. Except as expressly provided specifically permitted as an Allowed Capital Cost under Section 4.7, no costs for capital repairs, capital improvements or capital equipment, interest, principal, points and fees on debts or amortization on any mortgage, deed of trust or any other debt instrument encumbering any of the Building or the real property on which it is located; 10. All items and services for which City separately reimburses Landlord 11. Advertising or promotional expenditures, and the costs of acquiring and installing signs in or on any of the Building identifying the owner of the Building;; 12. Tax penalties incurred as a result of Landlord’s negligence, inability or unwillingness to make payments when due; 13. Costs arising from the contrary presence of Hazardous Material in this Leaseor about the Building including, all without limitation, groundwater or soil conditions, except if such Hazardous Material is brought onto the Building by City or during the Term of the Lease by any third party other than a Landlord Agent; 14. Landlord’s charitable or political contributions; 15. To the extent the following costs arise during any applicable warranty periods, costs as a result of repairs of latent defects in the Building core and expenses whichshell or improvements installed by Landlord or in the Building Systems, pursuant to this Lease (including the Rules and Regulations) are any costs incurred by Landlord and payable to Landlord in the event any portion of the Building is made untenantable by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility fire or other services which, casualty required to be insured against pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms of the bills rendered Lease; 16. Capital costs for sculpture, paintings or other objects of art; 17. Costs (including, without limitation, all attorneys’ fees and costs of settlement, judgments and payments in lieu thereof) arising from claims, disputes or potential disputes, including, without limitation, tax disputes (except where the tenant of the Building would receive benefits if Landlord prevails) in connection with potential or actual claims, litigation or arbitrations pertaining to Landlord or the Building; 18. All direct cost of refinancing, selling, exchanging or otherwise transferring ownership of the Building or the real property on which it is located or any interest therein or portion thereof, including broker commissions, attorney’s fees and closing costs; 19. Reserves for bad debts, rent loss, capital items or further Operating Costs; and 20. Xxxxxxxx’s general corporate overhead and general and administrative ex. 1. No advertisement, picture or sign of any sort shall be displayed on or outside the Premises or the Building without the prior written consent of Landlord, which shall not be unreasonably withheld. Landlord shall have the right to remove any such unapproved item without notice and at City’s sole expense. 2. City shall not use any method of heating or air conditioning other than that supplied by Landlord without the prior written consent of Landlord. 3. All window coverings installed by City and visible from the outside of the Building require the prior written approval of Landlord, which shall not be unreasonably withheld. 4. City shall not use, keep or permit to Tenantbe used or kept any foul or noxious gas or substance or any flammable or combustible materials on or around the Premises or the Building. 5. City shall not alter any lock or install any new locks or bolts on any door at the Premises without providing a “key” to Landlord and for non-key high security areas without the prior consent of Landlord which shall not be unreasonably withheld. 6. City is responsible for the storage and removal of all trash and refuse. All such trash and refuse shall be contained in suitable receptacles stored inside the Premises, except as otherwise designated by Landlord. 7. Plumbing fixtures and appliances shall be used only for the purposes for which designed and no sweepings, rubbish, rags or other unsuitable material shall be thrown or placed in the fixtures or appliances. Damage resulting to fixtures or appliances by City, its agents, employees or invitees shall be paid for by City and Landlord shall not be responsible for the damage. 8. City shall not use, or permit any part of the Premises to be used for lodging, sleeping or for any illegal purpose. 9. Neither City nor its agents, employees, contractors, guests or invitees shall smoke or permit smoking anywhere within the Premises, Common Areas or any other part of the Building or Property. 10. Without the written consent of Landlord, which may be given or withheld in Landlord’s sole discretion, no animals, except those assisting disabled persons, shall be brought into the Building or kept in or about the Premises.

Landlord’s Right to Cure. If an Event of Default has occurred Tenant shall fail or neglect to do or perform any covenant or condition required under this Lease and is continuingsuch failure shall not be cured within any applicable grace period, LandlordLandlord may, without thereby waiving on five (5) days notice to Tenant, but shall not be required to, make any payment payable by Tenant hereunder, discharge any lien, take out, pay for and maintain any insurance required hereunder, or do or perform or cause to be done or performed any such Event of Defaultother act or thing (entering upon the Premises for such purposes, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafterif Landlord shall so elect), and without notice. Landlord shall not be or be held liable or in any way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to Tenant on account thereof except to the extent caused by Landlord's negligence or willful misconduct in the case of emergency or in case the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant performance of any space in act associated with such cure (not including any type of financial performance). Tenant shall repay to Landlord within thirty (30) days after demand the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, entire out-of-pocket cost and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses expense incurred by Landlord in connection with any such performance by it for the account cure, including, without limitation, compensation to the agents, consultants and contractors of Tenant Landlord and all costs reasonable attorneys' fees and expenses, including . Landlord may act upon shorter notice or no notice at all if necessary in Landlord's reasonable counsel fees and disbursements, incurred by Landlord in any action judgment to meet an emergency situation or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in governmental or municipal time limitation or to protect Landlord's interest in the Premises, . Landlord shall not be required to inquire into the correctness of the amount of validity or any tax or lien that may be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable Landlord shall be duly protected in paying the amount of any such tax or lien claimed and in such event Landlord also shall have the full authority, in Landlord's sole judgment and discretion and without prior notice to Landlord or approval by Tenant, and all charges, amounts and sums payable to settle or compromise any such lien or tax. Any act or thing done by Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to the provisions of this Lease Section shall not be or at the request and for the account be construed as a waiver of any such failure by Tenant, are providedor as a waiver of any term, furnished covenant, agreement or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms condition herein contained or of the bills rendered by Landlord to Tenantperformance thereof.

Landlord’s Right to Cure. (A) If an Event of Default has occurred and is continuing, Landlord shall fail to perform any term or provision under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after written notice thereof by Tenant; provided, if the nature of Landlord's failure is such that more than thirty (30) days are reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure such failure within such thirty (30) day period, and thereafter reasonably seeks to cure such failure to completion. The aforementioned periods of time permitted for Landlord to cure shall be extended for any period of time during which Landlord is delayed in, or prevented from, curing due to fire or other casualty, strikes, lock-outs or other labor troubles or shortages, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions by Tenant or other Persons, and other causes beyond Landlord's reasonable control. If Landlord shall fail to cure within the times permitted for cure herein, Landlord shall be subject to such remedies as may be available to Tenant (subject to the other provisions of this Lease); provided, in recognition that Landlord must receive timely payments of Rent and operate the Property, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off or abatx Xxxt. (B) All agreements and provisions to be performed by Tenant under any of the terms of this Lease shall be at its sole cost and expense and without thereby waiving any abatement of Rent. If Tenant shall fail to pay any sum of money, other than Rent, required to be paid by it hereunder, or shall fail to perform any other act on its part to be performed hereunder and such Event of Defaultfailure shall continue for ten (10) days after notice thereof by Landlord, or a shorter period if additional damage may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafterresult, Landlord may, to protect its interests, but shall not be obligated to do so, and without noticewaiving or releasing Tenant from any of its obligations, make any such payment or perform any such other act on Tenant's part to be made or performed as provided herein. All sums so paid by Landlord and all necessary incidental costs shall be deemed additional Rent hereunder and shall be payable with interest from the date Landlord makes such payments until paid by Tenant, at the Default Rate, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of emergency or in case the matter giving rise to such Event of Default (A) materially interferes with the use default by any other tenant of any space Tenant in the Buildings, (B) materially interferes with the efficient operation payment of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses incurred by Landlord in connection with any such performance by it for the account of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premises, shall be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms of the bills rendered by Landlord to TenantRent.

Landlord’s Right to Cure. If an Event Tenant shall default in the performance or observance of Default has occurred and is continuingany agreement or condition in the Lease contained on its part to be performed or observed, other than in the payment of any minimum monthly rent, additional rent, or other charges, Landlord, without thereby waiving such Event after written notice by Landlord to Tenant specifying the nature of Defaultthe default and upon the expiration of thirty (30) days after the delivery of said notice unless the default cannot reasonably be cured within said thirty (30) days due to causes beyond Tenant's control, may perform such obligation for then upon failure of Tenant to commence to cure said default within a reasonable time after the account and at the expense delivery of Tenant: (i) immediately or at any time thereaftersaid notice, and prosecute the curing of said default to completion with due diligence may, at its option, but without notice. in the case of emergency or in case the matter giving rise obligation to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildingsdo so, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses incurred by Landlord in connection with cure any such performance by it default for the account of Tenant and all costs any amount and expenses, including reasonable counsel fees and disbursements, incurred any expense paid by Landlord in so doing with interest thereon at the rate per annum of four percent above the "prime rate" of Eastern Bank (or any action or proceeding (including any summary dispossess proceedingsuccessor thereto) brought shall be charged by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or as additional rent and added to the Premises, shall be paid by installment or installments of rent thereafter accruing and Tenant agrees to pay such additional rent to Landlord on demand, with interest thereon at and for recovery of which Landlord shall have the Interest Rate from remedies provided in this Lease for nonpayment of minimum rent. Notwithstanding the date incurred by Landlord. Except as expressly provided foregoing, Landlord may cure any such default prior to the contrary expiration of the waiting period after such notice to Tenant, if the curing of such default is reasonably necessary to protect the demised premises or Landlord's interest therein or to prevent injury or damage to persons or property. All of the rights and remedies given to Landlord in this Lease or by law or equity shall be cumulative and concurrent. The failure of Landlord to insist in anyone or more cases upon the strict performance of any of the covenants of this Lease, all costs and expenses whichor to exercise any option herein contained, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility shall not be construed as a waiver or other services which, pursuant to this Lease or at the request and relinquishment for the account future of Tenant, are provided, furnished such covenant or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms of the bills rendered by Landlord to Tenantoption.

Landlord’s Right to Cure. If an Event of Default has occurred Tenant shall fail or neglect to do or perform any covenant or condition required under this Lease and is continuingsuch failure shall not be cured within any applicable grace period, LandlordLandlord may, without thereby waiving on five (5) days notice to Tenant, but shall not be required to, make any payment payable by Tenant hereunder, discharge any lien, take out, pay for and maintain any insurance required hereunder, or do or perform or cause to be done or performed any such Event of Defaultother act or thing (entering upon the Premises for such purposes, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafterif Landlord shall so elect), and without notice. in the case of emergency Landlord shall not be or be held liable or in case any way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to Tenant on account thereof. Tenant shall repay to Landlord within twenty (20) days after demand the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, entire out-of- pocket cost and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses expense incurred by Landlord in connection with any such performance by it for the account cure, including, without limitation, compensation to the agents, consultants and contractors of Tenant Landlord and all costs reasonable attorneys’ fees and expenses, including . Landlord may act upon shorter notice or no notice at all if necessary in Landlord’s reasonable counsel fees and disbursements, incurred by Landlord in any action judgment to meet an emergency situation or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in governmental or municipal time limitation or to protect Landlord’s interest in the Premises, . Landlord shall not be required to inquire into the correctness of the amount of validity or any tax or lien that may be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable Landlord shall be duly protected in paying the amount of any such tax or lien claimed and in such event Landlord also shall have the full authority, in Landlord’s sole judgment and discretion and without prior notice to Landlord or approval by Tenant, and all charges, amounts and sums payable to settle or compromise any such lien or tax. Any act or thing done by Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to the provisions of this Lease Section shall not be or at the request and for the account be construed as a waiver of any such failure by Tenant, are providedor as a waiver of any term, furnished covenant, agreement or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms condition herein contained or of the bills rendered by Landlord to Tenantperformance thereof.

Landlord’s Right to Cure. If an Event Tenant defaults in the performance of Default has occurred and is continuingits obligations under this Lease, Landlord, without thereby waiving such Event of Defaultdefault, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafter, and without notice. , in the case of emergency or in case the matter giving rise to such Event of Default default (A) materially interferes with the use by any other tenant of any space in the BuildingsBuilding, (B) materially interferes with the efficient operation of the BuildingsBuilding, (C) will result has resulted in a violation of any RequirementRequirements, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, and (ii) in any other case if such Event of Default default continues after 10 ten (10) days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All out-of-pocket costs and expenses incurred by Landlord in connection with any such performance by it for the account of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premises, shall be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms of the bills rendered by Landlord to Tenant.

Landlord’s Right to Cure. If an Event Tenant shall default in the observance or performance of Default has occurred and is continuingany term or covenant on Tenant’s part to be observed or performed under, Landlordor by virtue of, any of the terms or provisions of this Lease, Landlord may, without thereby waiving such Event of Defaultdefault, may perform such obligation for the account account, and at the expense sole cost and expense, of Tenant: (ia) immediately or at any time thereafter, and without notice. thereafter in the case of an emergency or in case the matter giving rise to if such Event of Default default shall or reasonably threatens to: (Ai) materially interferes interfere with the use by any other tenant of any other space in the BuildingsBuilding, (Bii) materially interferes interfere with the efficient operation of the BuildingsBuilding, (Ciii) will result in a violation of any Legal Requirement, (Div) will result in a default under any Mortgage or Superior LeaseInterest, or (Ev) will result in a cancellation of any insurance policy maintained by Landlord, and (iib) in any other case if such Event default continues beyond the expiration of Default continues after 10 days from the date Landlord gives any notice of Landlord’s intention so to perform the defaulted obligationand grace period applicable thereto, if any. All actual out- of-pocket costs and expenses incurred by Landlord or its agent in connection with any such performance by it for the account of Tenant hereunder, and all reasonable out-of-pocket costs and expenses, including including, but not limited to, reasonable counsel attorneys’ fees and disbursementsexpenses, incurred by Landlord or its agent in connection with any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Demised Premises, shall be paid by Tenant to Landlord on demandLandlord, together with interest thereon at the Interest Rate from the date incurred by Landlord, within ten (10) days of rendition of any xxxx or statement to Tenant therefor. Except as expressly provided to If the contrary in this LeaseTerm hereof shall have expired or terminated at the time of Landlord’s making such expenditures or incurring such obligations, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred such sums shall be recoverable by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms of the bills rendered by Landlord to Tenantas damages.

Landlord’s Right to Cure. If an Event of Default has occurred and is continuing, Landlord, without thereby waiving such Event of Default, may Landlord shall fail to perform such obligation for the account and at the expense of Tenant: (i) immediately any term or at any time thereafter, and without notice. in the case of emergency or in case the matter giving rise provision under this Lease required to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained be performed by Landlord, and Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (ii30) in any other case days after written notice thereof by Tenant, provided, if such Event of Default continues after 10 days from the date Landlord gives notice nature of Landlord’s intention so 's failure is such that more than thirty (30) days are reasonably required in order to perform cure, Landlord shall not be in default if Landlord commences to cure such failure within such thirty (30) day period, and thereafter reasonably seeks to cure such failure to completion (unless the defaulted obligationdefault involves a condition dangerous to person or property, or which will become worse if no immediate action is taken to cure such default, in which event such default shall be cured forthwith upon Tenant's demand). All costs and expenses incurred by Landlord in connection with any such performance by it The aforementioned periods of time permitted for the account of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce cure shall be extended for any obligation period of time during which Landlord is delayed in, or prevented from, curing due to fire or other casualty, strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions by Tenant under or other Persons, and other causes beyond Landlord's reasonable control. If Landlord shall fail to cure within the times permitted for cure herein, Landlord shall be subject to such remedies as may be available to Tenant at law and in equity (subject to the other provisions of this Lease and/or right Lease), as well as an abatement of Rent due hereunder until such time as such default of Landlord in or to the Premises, shall be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlordis cured. Except as expressly provided Anything to the contrary contained in this Lease notwithstanding, in the event Tenant shall offset any moneys (claimed to be owed to Tenant by Landlord) against the Rent payable by Tenant hereunder pursuant to the provisions of this Lease, all costs and expenses whichLandlord shall dispute Tenant's right to such offset or the amount thereof, pursuant Tenant shall not be deemed to be in default of this Lease (including the Rules by reason of such offset until such dispute is resolved and Regulations) are incurred by Landlord and payable Tenant shall fail to Landlord by Tenant, and all charges, amounts and pay any sums payable determined to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and be payable by Tenant to Landlord in accordance with the terms resolution of such dispute after the bills rendered expiration of ten (10) days following such determination (whether by Landlord to Tenantarbitration or otherwise).

Landlord’s Right to Cure. If an Event of Default has occurred and is continuing, Landlord, without thereby waiving such Event of Default, may perform such obligation for the account and at the expense of Tenant: (i) immediately or Tenant shall at any time thereafterdefault in the ------------------------ performance of any obligation under this Lease and such default is not remedied for a period of fifteen (15) days following receipt of written notice thereof (provided, that in the event a default or breach is not susceptible of being remedied within such fifteen (15) day period the time permitted Tenant to remedy the default or breach shall be extended for as long as shall be reasonably necessary to remedy same if Tenant commences promptly and proceeds diligently until successful to remedy such default or breach, except that the period for remedying a default or breach shall not be so extended if the extension in Landlord's reasonable judgment may jeopardize the value of the Lot or Building or the interest of the Landlord in the Lot or Building or may subject Landlord to civil or criminal liabilities), Landlord shall have the right, but shall not be obligated, to enter upon the Premises and to perform such obligation, notwithstanding the fact that no specific provision for such substituted performance by Landlord is made in this Lease with respect to such default . In performing such obligation, Landlord may make any payment of money or perform any other act. All sums so paid by Landlord (together with interest at the maximum rate set by statute), and without notice. in the case of emergency or in case the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All all necessary incidental costs and expenses incurred by Landlord in connection with the performance of any such performance by it for the account of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premises, shall be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered act by Landlord, shall become due be deemed to be Additional Rent under this Lease and shall be payable by Tenant to Landlord in accordance with immediately on demand. Landlord may exercise the terms foregoing rights without waiving any other of the bills rendered by Landlord to Tenantits rights or releasing Tenant from any of its obligations under this Lease.

Landlord’s Right to Cure. If an Event In the event of Default has occurred and is continuingbreach, Landlord, without thereby waiving such Event of Default, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafter, and without notice. in the case of emergency or in case the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Leasedefault, or (E) will result in a cancellation of any insurance policy maintained ------------------------ noncompliance hereunder by Landlord, Tenant shall, before exercising any right or remedy available to it, give Landlord written notice of the claimed breach, default, or noncompliance. If prior to its giving such notice Tenant has been notified in writing (by way of Notice of Assignment of Rents and Leases, or otherwise) of the address of a lender which has furnished any of the financing referred to in Article XXI hereof, concurrently with giving the aforesaid notice to Landlord, Tenant shall, by registered mail, transmit a copy thereof to such lender. For the thirty (ii30) in days following the giving of the notice(s) required by the foregoing portion of this paragraph (or such longer period of time as may be reasonably required to cure a matter which, due to its nature, cannot reasonably be rectified within thirty (30) days, Landlord shall have the right to cure the breach, default, or noncompliance involved. If Landlord has failed to cure a default within said period, any other case such lender shall have an additional thirty (30) days within which to cure the same or, if such Event default cannot be cured within that period, such additional time as may be necessary if within such thirty (30) day period lender has commenced and is diligently pursing the actions or remedies necessary to cure the breach, default, or noncompliance involved (including, but not omitted to, commencement and prosecution of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so proceedings to perform the defaulted obligation. All costs and expenses incurred by Landlord foreclose or otherwise exercise its rights under its mortgage or other security instrument, if necessary to effect such cure), in connection with any such performance by it for the account of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under which event this Lease and/or right shall not be terminated by Tenant so long as such actions or remedies are being diligently pursued by said lender and provided the breach, default or noncompliance does not unreasonably interfere with Tenant's use of Landlord in or to the Premises, shall be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms of the bills rendered by Landlord to Tenant.

Landlord’s Right to Cure. If an Event Tenant shall default in the performance or observance of Default has occurred and is continuingany agreement or condition in the Lease contained on its part to be performed or observed, other than in the payment of any minimum monthly rent, additional rent, or other charges, Landlord, without thereby waiving such Event after written notice by Landlord to Tenant specifying the nature of Defaultthe default and upon the expiration of thirty (30) days after the delivery of said notice unless the default cannot reasonably be cured within said thirty (30) days due to causes beyond Tenant's control, may perform such obligation for then upon failure of Tenant to commence to cure said default within a reasonable time after the account and at the expense delivery of Tenant: (i) immediately or at any time thereaftersaid notice, and prosecute the curing of said default to completion with due diligence may, at its option, but without notice. in the case of emergency or in case the matter giving rise obligation to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildingsdo so, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses incurred by Landlord in connection with cure any such performance by it default for the account of Tenant and all costs any amount and expenses, including reasonable counsel fees and disbursements, incurred any expense paid by Landlord in so doing with interest thereon at the rate per annum of four percent above the "prime rate" of Eastern Bank (or any action or proceeding (including any summary dispossess proceedingsuccessor thereto) brought shall be charged by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or as additional rent and added to the Premises, shall be paid by installment or installments of rent thereafter accruing and Tenant agrees to pay such additional rent to Landlord on demand, with interest thereon at and for recovery of which Landlord shall have the Interest Rate from remedies provided in this Lease for nonpayment of minimum rent. Notwithstanding the date incurred by Landlord. Except as expressly provided foregoing, Landlord may cure any such default prior to the contrary expiration of the waiting period after such notice to Tenant, if the curing of such default is reasonably necessary to protect the demised premises or Landlord's interest therein or to prevent injury or damage to persons or property. All of the rights and remedies given to Landlord in this Lease or by law or equity shall be cumulative and concurrent. The failure of Landlord to insist in any one or more cases upon the strict performance of any of the covenants of this Lease, all costs and expenses whichor to exercise any option herein contained, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility shall not be construed as a waiver or other services which, pursuant to this Lease or at the request and relinquishment for the account future of Tenant, are provided, furnished such covenant or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms of the bills rendered by Landlord to Tenant.option. SECTION SEVENTEEN