Common use of Landlord's Rights and Remedies Clause in Contracts

Landlord's Rights and Remedies. In the event of any default, Landlord may at any time thereafter, with thirty (30) day written notice or demand and without limiting Landlord in the exercise of any right or remedy which Landlord may have by reason of default: (1) Terminate this Lease. (2) Without terminating this Lease, terminate Xxxxxx's right to possession of the Leased Premises, enter upon and take possession of the Leased Premises and rent the Leased Premises for a reasonable rental for the account of Tenant, and after paying from rents collected the reasonable costs of such entry, reletting and collection and the costs of any necessary repairs made by Landlord which Tenant is obligated to make hereunder, apply the remainder of the rent collected to the amounts due and to become due from Tenant hereunder; (3) Pursue any other remedy now or hereafter available to Landlord under this Lease or under the laws of the state of North Carolina. All rights and remedies of Landlord pursuant to this Section shall be cumulative, and may be exercised singly, successively or, if appropriate, concurrently. In the event Landlord terminates this Lease or terminates Tenant's right to possession of the Leased Premises, then Tenant shall surrender possession of the Premises to Landlord, and Landlord shall have the full and free right to enter into and upon the Rented Space with or without process of law, to repossess the Rented Space, to expel or remove the Tenant and any others who may be occupying or be within the Rented Space, to remove any and all property from the Rented Space and to the [sic] change the locks on the Rented Space, without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer. In any event of default by Xxxxxx, Landlord shall be entitled to recover from Tenant all damage incurred by Landlord by reason of Tenant's default, including but not limited to: any unpaid rent; the cost of recovering possession of the Premises, including reasonable attorney's fees; expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney's fees, and any real estate commission actually paid; any loss of future rental; and a pro rata portion of any leasing commission paid by Landlord based on the number of days of any period for which a commission was paid that remain after the date of Tenant's default. Any rent unpaid when due, including additional rent not paid upon demand, shall bear interest from the date due at the rate of twelve percent (12.00%) per annum.

Landlord's Rights and Remedies. In If a Default occurs, Landlord shall have the event rights and remedies hereinafter set forth, which shall be distinct, separate and cumulative and shall not operate to exclude or deprive Landlord of any default, Landlord may at any time thereafter, with thirty (30) day written notice or demand and without limiting Landlord in the exercise of any other right or remedy which Landlord may have by reason of defaultallowed it at law or in equity: (1i) Terminate Landlord may terminate this Lease., in which event the Term of this Lease shall end, and all right, title and interest of Tenant hereunder shall expire; (2ii) Without Landlord may terminate the right of Tenant to possession of the Premises without terminating this Lease, terminate Xxxxxx's whereupon the right of Tenant to possession of the Leased Premises, enter upon Premises or any part thereof shall cease; and (iii) Landlord may enforce the provisions of this Lease and take possession may enforce and protect the rights of the Leased Premises and rent the Leased Premises for Landlord hereunder by a reasonable rental suit or suits in equity or at law for the account specific performance of Tenantany covenant or agreement contained herein, and after paying from rents collected for the reasonable costs of such entry, reletting and collection and the costs enforcement of any necessary repairs made by Landlord which Tenant is obligated to make hereunderother appropriate legal or equitable remedy, apply the remainder including without limitation distraint for rent, injunctive relief, recovery of the rent collected to the amounts all money due and or to become due from Tenant hereunder; (3) Pursue under any other remedy now or hereafter available to Landlord under of the provisions of this Lease or under the laws and recovery of the state of North Carolina. All rights and remedies of Landlord pursuant to this Section shall be cumulative, and may be exercised singly, successively or, if appropriate, concurrently. In the event Landlord terminates this Lease or terminates Tenant's right to possession of the Leased Premises, then Tenant shall surrender possession of the Premises to Landlord, and Landlord shall have the full and free right to enter into and upon the Rented Space with or without process of law, to repossess the Rented Space, to expel or remove the Tenant and any others who may be occupying or be within the Rented Space, to remove any and all property from the Rented Space and to the [sic] change the locks on the Rented Space, without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer. In any event of default by Xxxxxx, Landlord shall be entitled to recover from Tenant all damage damages incurred by Landlord by reason of Tenant's defaultthe Default. (iv) Landlord may cure or correct such Default or take steps to perform any covenant, including but not limited to: any unpaid rent; the cost agreement, condition or provisions of recovering possession of the Premisesthis Lease, and all costs and expenses incurred by Landlord in so doing (including reasonable attorney's attorneys’ fees; expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney's fees, and any real estate commission actually paid; any loss of future rental; and a pro rata portion of any leasing commission ) shall be paid by Tenant to Landlord based on as additional rent upon demand plus interest at the number of days of any period for which a commission was paid that remain after Default Rate (defined in Section 28(i)) from the date of expenditure. Landlord’s proceeding under the rights reserved to Landlord under this Section 19(b)(iv) shall not in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of that or any other Default. Notwithstanding anything to the contrary herein contained, Landlord shall not be required to serve Tenant with any notices or demands as a prerequisite to its exercise of any of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. Tenant expressly waives the service of any statutory demand or notice which is a prerequisite to Landlord’s commencement of eviction proceedings against Tenant's default. Any rent unpaid when due, including additional rent not paid upon demand, shall bear interest from the date due at the rate of twelve percent (12.00%) per annumdemands and notices specified in 735 ILCS §§5/9-209 and 5/9-210.

Landlord's Rights and Remedies. X. Xx the event of a default by TENANT in addition to any other remedies available to LANDLORD at law or in equity, including injunction, at LANDLORD’S option, without further notice or demand of any kind to TENANT or any other person (i) LANDLORD may declare the LEASE TERM hereof ended and reenter the UNIT and take possession thereof and remove all persons there from, and TENANT shall have no further claim thereon or hereunder; or (ii) LANDLORD has the remedy described in California Civil Code Section 1951.4 (LANDLORD may continue the LEASE in effect after TENANT’S breach and abandonment and recover rent as it becomes due, if TENANT has the right to sublet or assign, subject only to reasonable limitations); or (iii) Even though LANDLORD may have reentered the UNIT, LANDLORD may thereafter elect to terminate this LEASE and all of the rights of TENANT in or to the UNIT. B. Should LANDLORD have reentered the UNIT under the provisions of this Section 37, LANDLORD shall not be deemed to have terminated this LEASE or the liability of TENANT to pay any rent or other charges thereafter accruing, or to have terminated TENANT’S liability for damages under any of the provisions hereof, by any such reentry or by any action, in unlawful detainer or otherwise, to obtain possession of the UNIT, unless LANDLORD shall have notified TENANT in writing that it has so elected to terminate this LEASE, and TENANT further covenants that the service by LANDLORD of any notice pursuant to the unlawful detainer statutes of the State of California and the surrender of possession pursuant to such notice shall not (unless LANDLORD elects to the contrary at the time of or at any time subsequent to the serving of such notice and such election is evidenced by a written notice to TENANT) be deemed to be a termination of this LEASE. In the event of any default, Landlord may at any time thereafter, with thirty (30) day written notice entry or demand and without limiting Landlord in the exercise of any right or remedy which Landlord may have by reason of default: (1) Terminate this Lease. (2) Without terminating this Lease, terminate Xxxxxx's right to taking possession of the Leased PremisesUNIT as aforesaid, enter upon and take possession of the Leased Premises and rent the Leased Premises for a reasonable rental for the account of Tenant, and after paying from rents collected the reasonable costs of such entry, reletting and collection and the costs of any necessary repairs made by Landlord which Tenant is obligated to make hereunder, apply the remainder of the rent collected to the amounts due and to become due from Tenant hereunder; (3) Pursue any other remedy now or hereafter available to Landlord under this Lease or under the laws of the state of North Carolina. All rights and remedies of Landlord pursuant to this Section shall be cumulative, and may be exercised singly, successively or, if appropriate, concurrently. In the event Landlord terminates this Lease or terminates Tenant's right to possession of the Leased Premises, then Tenant shall surrender possession of the Premises to Landlord, and Landlord LANDLORD shall have the full and free right time to enter into and upon the Rented Space with or without process of law, to repossess the Rented Space, to expel or remove the Tenant and any others who may be occupying or be within the Rented Space, to remove any and all property from the Rented Space and to the [sic] change the locks on the Rented Space, without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer. In any event of default time by Xxxxxx, Landlord shall be entitled to recover from Tenant all damage incurred by Landlord by reason of Tenant's default, including but not limited to: any unpaid rent; the cost of recovering possession of the Premises, including reasonable attorney's fees; expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney's fees, and any real estate commission actually paid; any loss of future rental; and a pro rata portion of any leasing commission paid by Landlord based on the number of days of any period for which a commission was paid that remain after the date of Tenant's default. Any rent unpaid when due, including additional rent not paid upon demand, shall bear interest from the date due at the rate of twelve percent (12.00%) per annumapplicable California Law.

Landlord's Rights and Remedies. In (a) Upon the event occurrence of any defaultone or more events as described in Section 22.01(b), Landlord may treat the same as a breach of this Lease and thereupon at any time thereafterits option, with thirty (30) day written without further notice or demand and without limiting Landlord in the exercise of any right kind to Tenant or remedy which any other person, in addition to all other legal or equitable remedies, exercise the following described remedies: (i) Landlord may have elect to terminate this Lease and the Term created hereby, in which event Landlord forthwith may repossess the Demised Premises and Tenant shall pay at once to Landlord as liquidated damages a sum of money equal to the Rent to be paid by Tenant to Landlord for the balance of the Term less the fair rental value of the Demised Premises for said period. In the computation of such damages the difference between any installment of Rent becoming due hereunder after the date of termination and the fair and reasonable rental value of the Demised Premises for the period for which such installment was payable shall be discounted to the date of termination at the rate of six percent (6%) per annum. If Demised Premises or any part thereof be re-let by Landlord for the unexpired Term, or any part thereof, before presentation of proof of such liquidated damages to any court, commission or tribunal, the amount of Rent reserved upon such reletting shall be deemed prima facie to be the fair and reasonable rental value for the part or the whole of the Demised Premises so relet during the term of the reletting. Nothing herein contained shall limit or prejudice the right of Landlord to prove for and obtain as liquidated damages by reason of default: (1) Terminate this Leasesuch termination, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved, whether or not such amount be greater, equal to, or less than the amount of the difference referred to above. (2ii) Without terminating Landlord may elect to terminate Tenaxx'x xight of possession without termination of this Lease, terminate Xxxxxx's right in which event Tenaxx agrees to possession of the Leased Premises, enter upon and take possession of the Leased Premises and rent the Leased Premises for a reasonable rental for the account of Tenant, and after paying from rents collected the reasonable costs of such entry, reletting and collection and the costs of any necessary repairs made by Landlord which Tenant is obligated to make hereunder, apply the remainder of the rent collected to the amounts due and to become due from Tenant hereunder; (3) Pursue any other remedy now or hereafter available to Landlord under this Lease or under the laws of the state of North Carolina. All rights and remedies of Landlord pursuant to this Section shall be cumulative, and may be exercised singly, successively or, if appropriate, concurrently. In the event Landlord terminates this Lease or terminates Tenant's right to possession of the Leased Premises, then Tenant shall surrender possession of and vacate the Demised Premises immediately and deliver possession thereof to Landlord, and Tenant hereby grants to Landlord shall have the full and free right license without notice to enter into and upon the Rented Space Demised Premises, in whole or in part, with or without process of law, law by force or otherwise and to repossess the Rented Space, Demised Premises or any part thereof and to expel or remove the Tenant and any others other person, firm or corporation who may be occupying or be within the Rented Space, to Demised Premises or any part thereof and remove any and all property therefrom without terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay Rent and perform any of the Rented Space covenants, conditions and agreements to the [sic] change the locks on the Rented Space, be performed by Tenaxx xx provided in this Lease and without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer. In , and without relinquishing Landlord's right to Rent or any event other right of default Landlord in this Lease or by Xxxxxxoperation of law. (b) Upon and after entry into possession without terminating this Lease, Landlord may, but shall not be entitled obligated to, relet all or any part of the Demised Premises for the account of Tenant for such rent and upon such terms and to recover from such person, firm or corporation and for such period or periods as Landlord in Landlord's sole discretion shall determine, and Landlord shall not be required to accept any tenant offered by Tenaxx, xx observe any instruction given by Tenant all damage incurred about such reletting or to do any act or exercise any care or diligence with respect to such reletting. For the purpose of such reletting, Landlord may decorate or make repairs, changes, alterations or additions in or to the Demised Premises to the extent deemed by Landlord desirable or convenient. If the consideration collected by reason Landlord upon any such reletting for Tenaxx'x xccount is not sufficient to pay the Rent reserved in this Lease together with an amount equal to five percent (5%) of Tenant's defaultthe Rent provided for in any new lease, including but not limited to: any unpaid rent; as liquidated damages, and the cost of recovering repairs, alterations, additions, redecorating and Landxxxx'x xther expenses, Tenaxx xxxees to pay to Landlord the deficiency upon demand. (c) The service of demand for possession, a notice that the tenancy hereby created will be terminated on the date therein named, institution of an action of forcible detainer or ejectment or the entering of a judgment for possession in such action, or any other act or acts resulting in the termination of Tenaxx'x xight to possession of the Premises, including reasonable attorneyDemised Premises shall not relieve Tenant from Tenant's fees; expenses of reletting, including necessary renovation and alteration obligation to pay the Rent hereunder during the balance of the PremisesTerm or any extension thereof, reasonable attorney's feesexcept as herein expressly provided. Landlord may collect and receive any Rent due from Tenant, and the payment thereof shall not constitute a waiver of or affect any real estate commission actually paid; any loss notice or demand given, suit instituted or judgment obtained by Landlord, or be held to waive, affect, change, modify or alter the rights or remedies which Landlord has in equity or at law or by virtue of future rental; and a pro rata portion of any leasing commission paid by Landlord based on the number of days of any period for which a commission was paid that remain after the date of Tenant's default. Any rent unpaid when due, including additional rent not paid upon demand, shall bear interest from the date due at the rate of twelve percent (12.00%) per annumthis Lease.

Landlord's Rights and Remedies. In Should Tenant fail to cure within the event time periods specified in Section 16.2 any default specified in subparagraph (a), (b) or (c) of Section 16.1, or fail to quit the Premises in accordance with subparagraph (d) of Section 16.2 with respect to any defaultdefault specified in subparagraph (d) of Section 16.1, Landlord may at exercise any time thereafter, with thirty (30) day written of the following rights without further notice or demand and without limiting Landlord in the exercise of any right kind to Tenant or remedy which Landlord may have any other person, except as required by reason of defaultapplicable state law: (1a) Terminate this Lease. (2) Without terminating this Lease, terminate Xxxxxx's The right to possession of the Leased Premises, enter upon and take possession of the Leased Premises and rent the Leased Premises for a reasonable rental for the account of Tenant, and after paying from rents collected the reasonable costs of such entry, reletting and collection and the costs of any necessary repairs made by Landlord which Tenant is obligated to make hereunder, apply the remainder of the rent collected to the amounts due and to become due from Tenant hereunder; (3) Pursue any other remedy now or hereafter available to Landlord under this Lease or under the laws of the state of North Carolina. All rights and remedies of Landlord pursuant to this Section shall be cumulative, terminate the Lease and may be exercised singly, successively or, if appropriate, concurrently. In the event Landlord terminates this Lease or terminates Tenant's right to possession of the Leased Premises and to reenter the Premises, then take possession thereof and remove all persons therefrom, following which Tenant shall surrender possession have no further claim thereon or hereunder; (b) The right of the Premises to Landlord, without terminating the Lease and Landlord shall have the full and free Tenant's right to enter into and upon the Rented Space with or without process of law, to repossess the Rented Space, to expel or remove the Tenant and any others who may be occupying or be within the Rented Space, to remove any and all property from the Rented Space and to the [sic] change the locks on the Rented Space, without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer. In any event of default by Xxxxxx, Landlord shall be entitled to recover from Tenant all damage incurred by Landlord by reason of Tenant's default, including but not limited to: any unpaid rent; the cost of recovering possession of the Premises, including reasonable attorneyto reenter the Premises and occupy the whole or any part thereof for and on account of Tenant and to collect any unpaid Rent which have become payable, or which may thereafter become payable; or (c) The right of Landlord, even though it may have reentered the Premises, in accordance with subparagraph (b) of this Section, to elect thereafter to terminate the Lease and Tenant's fees; expenses of reletting, including necessary renovation and alteration right to possession of the Premises. Should Landlord have reentered the Premises under the provisions of subparagraph (b) of this Section, reasonable attorneyLandlord shall not be deemed to have terminated the Lease or have accepted a surrender thereof by any such reentry, unless Landlord shall have notified Tenant in writing that it has so elected to terminate the Lease and Tenant's fees, and any real estate commission actually paid; any loss of future rental; and a pro rata portion right to possession. Tenant further covenants that the service by Landlord of any leasing commission paid notice pursuant to the unlawful detainer or eviction statutes of the state where the Shopping Center is located and the surrender of possession pursuant to such notice shall not (unless Landlord elects to the contrary at the time of, or at any time subsequent to, the serving of such notice and such election is evidenced by Landlord based on a written notice to Tenant) be deemed to be a termination of the number of days Lease. In the event of any period for reentry or taking possession of the Premises as aforesaid, Landlord shall have the right, but not the obligation, to remove therefrom all or any part of the merchandise, Improvements or Personal Property located therein and to place the same in storage at a public warehouse at the expense and risk of Tenant. The rights and remedies given to Landlord in this Section shall be additional and supplemental to all other rights or remedies which a commission was paid Landlord may have under laws in force when the default occurs. Landlord agrees that remain after in the date event Tenant defaults under the Lease and thereafter vacates the Premises, Landlord shall use its reasonable efforts to re-lease the Premises and mitigate monetary damages arising out of Tenant's defaultdefault or breach of this Lease. Any rent unpaid when dueNothing herein, including additional rent not paid upon demandhowever, shall bear interest prohibit Landlord from leasing any other vacant premises before leasing the date due at Premises hereunder, or from using its business judgment respecting the rate leasing of twelve percent (12.00%) per annumthe Premises hereunder.

Landlord's Rights and Remedies. In Should Tenant fail to cure within the event time periods specified in Section 14.2 any default specified in subparagraph (a), (b) or (c) of Section 14.1, or fail to quit the Premises in accordance with subparagraph (c) of Section 14.2 with respect to any defaultdefault specified in subparagraph (d) of Section 14.1, Landlord may at exercise any time thereafter, with thirty (30) day written of the following rights without further notice or demand and without limiting Landlord in the exercise of any right kind to Tenant or remedy which Landlord may have any other person, except as required by reason of defaultapplicable State law: (1a) Terminate this Lease. (2) Without terminating this Lease, The right of Landlord to terminate Xxxxxx's right to possession of the Leased Premises, enter upon and take possession of the Leased Premises and rent the Leased Premises for a reasonable rental for the account of Tenant, and after paying from rents collected the reasonable costs of such entry, reletting and collection and the costs of any necessary repairs made by Landlord which Tenant is obligated to make hereunder, apply the remainder of the rent collected to the amounts due and to become due from Tenant hereunder; (3) Pursue any other remedy now or hereafter available to Landlord under this Lease or under the laws of the state of North Carolina. All rights and remedies of Landlord pursuant to this Section shall be cumulative, and may be exercised singly, successively or, if appropriate, concurrently. In the event Landlord terminates this Lease or terminates Tenant's right to possession of the Leased Premises and to reenter the Premises, then take possession thereof and remove all persons therefrom, following which Tenant shall surrender possession have no further claim thereon or hereunder; (b) The right of the Premises to Landlord, without terminating this Lease and Landlord shall have the full and free Tenant's right to enter into and upon the Rented Space with or without process of law, to repossess the Rented Space, to expel or remove the Tenant and any others who may be occupying or be within the Rented Space, to remove any and all property from the Rented Space and to the [sic] change the locks on the Rented Space, without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer. In any event of default by Xxxxxx, Landlord shall be entitled to recover from Tenant all damage incurred by Landlord by reason of Tenant's default, including but not limited to: any unpaid rent; the cost of recovering possession of the Premises, including reasonable attorneyto reenter the Premises and occupy the whole or any part thereof for and on account of Tenant and to collect any unpaid rentals and other charges, which have become payable, or which may thereafter become payable; or (c) The right of Landlord, even though it may have reentered the Premises, in accordance with subparagraph (b) of this Section 14.3, to elect thereafter to terminate this Lease and Tenant's fees; expenses right to possession of relettingthe Premises. Should Landlord have reentered the Premises under the provisions of subparagraph (b) of this Section 14.3, including necessary renovation and alteration Landlord shall not be deemed to have terminated this Lease, the liability of Tenant to pay rental or other charges thereafter accruing, or Tenant's liability for damages under any of the provisions hereof, by any such reentry or by any action, in unlawful detainer or otherwise, to obtain possession of the Premises, reasonable attorneyunless Landlord shall have notified Tenant in writing that it has so elected to terminate this Lease and Tenant's fees, and any real estate commission actually paid; any loss of future rental; and a pro rata portion right to possession. Tenant further covenants that the service by Landlord of any leasing commission paid notice pursuant to the unlawful detainer statutes of the State where the Property is located and the surrender of possession pursuant to such notice shall not (unless Landlord elects to the contrary at the time of, or at any time subsequent to, the serving of such notice and such election is evidenced by Landlord based on a written notice to Tenant) be deemed to be a termination of this Lease. In the number of days event of any period for which reentry or taking possession of the Premises as aforesaid, Landlord shall have the right, but not the obligation, to remove therefrom all or any part of the merchandise, Fixtures or Personal Property located therein and to place the same in storage at a commission was paid that remain after public warehouse at the date expense and risk of Tenant's default. Any rent unpaid The rights and remedies given to Landlord in this Section 14.3 shall be additional and supplemental to all other rights or remedies which Landlord may have under laws in force when due, including additional rent not paid upon demand, shall bear interest from the date due at the rate of twelve percent (12.00%) per annumdefault occurs.

Landlord's Rights and Remedies. In Should Tenant fail to cure within the event time periods specified in Section 14.2 any default specified in subparagraph (a), (b) or (c) of Section 14.1, or fail to quit the Premises in accordance with subparagraph (c) of Section 14.2 with respect to any defaultdefault specified in subparagraph (d) of Section 14.1, Landlord may at exercise any time thereafter, with thirty (30) day written of the following rights without further notice or demand and without limiting Landlord in the exercise of any right kind to Tenant or remedy which Landlord may have any other person, except as required by reason of defaultapplicable State law: (1a) Terminate this Lease. (2) Without terminating this Lease, The right of Landlord to terminate Xxxxxx's right to possession of the Leased Premises, enter upon and take possession of the Leased Premises and rent the Leased Premises for a reasonable rental for the account of Tenant, and after paying from rents collected the reasonable costs of such entry, reletting and collection and the costs of any necessary repairs made by Landlord which Tenant is obligated to make hereunder, apply the remainder of the rent collected to the amounts due and to become due from Tenant hereunder; (3) Pursue any other remedy now or hereafter available to Landlord under this Lease or under the laws of the state of North Carolina. All rights and remedies of Landlord pursuant to this Section shall be cumulative, and may be exercised singly, successively or, if appropriate, concurrently. In the event Landlord terminates this Lease or terminates Tenant's right to possession of the Leased Premises and to reenter the Premises, then take possession thereof and remove all persons therefrom, following which Tenant shall surrender possession have no further claim thereon or hereunder; (b) The right of the Premises to Landlord, without terminating this Lease and Landlord shall have the full and free Tenant's right to enter into and upon the Rented Space with or without process of law, to repossess the Rented Space, to expel or remove the Tenant and any others who may be occupying or be within the Rented Space, to remove any and all property from the Rented Space and to the [sic] change the locks on the Rented Space, without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer. In any event of default by Xxxxxx, Landlord shall be entitled to recover from Tenant all damage incurred by Landlord by reason of Tenant's default, including but not limited to: any unpaid rent; the cost of recovering possession of the Premises, including reasonable attorneyto reenter the Premises and occupy the whole or any part thereof for and on account of Tenant and to collect any unpaid rentals and other charges, which have become payable, or which may thereafter become payable; or (c) The right of Landlord, even though it may have reentered the Premises, in accordance with subparagraph (b) of this Section 14.3, to elect thereafter to terminate this Lease and Tenant's fees; expenses right to possession of relettingthe Premises. Should Landlord have reentered the Premises under the provisions of subparagraph (b) of this Section 14.3, including necessary renovation and alteration Landlord shall not be deemed to have terminated this Lease, the liability of Tenant to pay rental or other charges thereafter accruing, or Tenant's liability for damages under any of the provisions hereof, by any such reentry or by any action, in unlawful detainer or otherwise, to obtain possession of the Premises, reasonable attorneyunless Landlord shall have notified Tenant in writing that it has so elected to terminate this Lease and Tenant's fees, and any real estate commission actually paid; any loss of future rental; and a pro rata portion right to possession. Tenant further covenants that the service by Landlord of any leasing commission paid notice pursuant to the unlawful detainer statutes of the State where the Shopping Center is located and the surrender of possession pursuant to such notice shall not (unless Landlord elects to the contrary at the time of, or at any time subsequent to, the serving of such notice and such election is evidenced by Landlord based on a written notice to Tenant) be deemed to be a termination of this Lease. In the number of days event of any period for which reentry or taking possession of the Premises as aforesaid, Landlord shall have the right, but not the obligation, to remove therefrom all or any part of the Fixtures or Personal Property located therein and to place the same in storage at a commission was paid that remain after public warehouse at the date expense and risk of Tenant's default. Any rent unpaid The rights and remedies given to Landlord in this Section 14.3 shall be additional and supplemental to all other rights or remedies which Landlord may have under laws in force when due, including additional rent not paid upon demand, shall bear interest from the date due at the rate of twelve percent (12.00%) per annumdefault occurs.

Landlord's Rights and Remedies. In Should Tenant fail to cure within the event time periods specified in Section 16.2 any default specified in subparagraph (a), (b) or (c) of Section 16.1, or fail to quit the Premises in accordance with subparagraph (d) of Section 16.2 with respect to any defaultdefault specified in subparagraph (d) of Section 16.1, Landlord may at exercise any time thereafter, with thirty (30) day written of the following rights without further notice or demand and without limiting Landlord in the exercise of any right kind to Tenant or remedy which Landlord may have any other person, except as required by reason of defaultapplicable state law: (1a) Terminate this Lease. (2) Without terminating this Lease, The right of Landlord to terminate Xxxxxx's right to possession of the Leased Premises, enter upon and take possession of the Leased Premises and rent the Leased Premises for a reasonable rental for the account of Tenant, and after paying from rents collected the reasonable costs of such entry, reletting and collection and the costs of any necessary repairs made by Landlord which Tenant is obligated to make hereunder, apply the remainder of the rent collected to the amounts due and to become due from Tenant hereunder; (3) Pursue any other remedy now or hereafter available to Landlord under this Lease or under the laws of the state of North Carolina. All rights and remedies of Landlord pursuant to this Section shall be cumulative, and may be exercised singly, successively or, if appropriate, concurrently. In the event Landlord terminates this Lease or terminates Tenant's right to possession of the Leased Premises and to reenter the Premises, then take possession thereof and remove all persons therefrom, following which Tenant shall surrender possession have no further claim thereon or hereunder; (b) The right of the Premises to Landlord, without terminating this Lease and Landlord shall have the full and free Tenant's right to enter into and upon the Rented Space with or without process of law, to repossess the Rented Space, to expel or remove the Tenant and any others who may be occupying or be within the Rented Space, to remove any and all property from the Rented Space and to the [sic] change the locks on the Rented Space, without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer. In any event of default by Xxxxxx, Landlord shall be entitled to recover from Tenant all damage incurred by Landlord by reason of Tenant's default, including but not limited to: any unpaid rent; the cost of recovering possession of the Premises, including reasonable attorneyto reenter the Premises and occupy the whole or any part thereof for and on account of Tenant and to collect any unpaid Rent which has become payable, or which may thereafter become payable; or (c) The right of Landlord, even though it may have reentered the Premises, in accordance with subparagraph (b) of this Section, to elect thereafter to terminate this Lease and Tenant's fees; expenses of reletting, including necessary renovation and alteration right to possession of the Premises. Should Landlord have reentered the Premises under the provisions of subparagraph (b) of this Section, reasonable attorneyLandlord shall not be deemed to have terminated this Lease or have accepted a surrender thereof by any such reentry, unless Landlord shall have notified Tenant in writing that it has so elected to terminate this Lease and Tenant's fees, and any real estate commission actually paid; any loss of future rental; and a pro rata portion right to possession. Tenant further covenants that the service by Landlord of any leasing commission paid notice pursuant to the unlawful detainer or eviction statutes of the state where the Shopping Center is located and the surrender of possession pursuant to such notice shall not (unless Landlord elects to the contrary at the time of, or at any time subsequent to, the serving of such notice and such election is evidenced by Landlord based on a written notice to Tenant) be deemed to be a termination of this Lease. In the number of days event of any period for reentry or taking possession of the Premises as aforesaid, Landlord shall have the right, but not the obligation, to remove therefrom all or any part of the merchandise, Improvements or Personal Property located therein and to place the same in storage at a public warehouse at the expense and risk of Tenant. The rights and remedies given to Landlord in this Section shall be additional and supplemental to all other rights or remedies which a commission was paid Landlord may have under laws in force when the default occurs. Landlord agrees that remain after in the date event Tenant defaults under this Lease and thereafter vacates the Premises, Landlord shall use its reasonable efforts to re-lease the Premises and mitigate monetary damages arising out of Tenant's defaultdefault or breach of this Lease. Any rent unpaid when dueNothing herein, including additional rent not paid upon demandhowever, shall bear interest prohibit Landlord from leasing any other vacant premises before leasing the date due at Premises hereunder, or from using its business judgment respecting the rate leasing of twelve percent (12.00%) per annumthe Premises hereunder.

Landlord's Rights and Remedies. In If a Default occurs, Landlord shall have the event rights and remedies hereinafter set forth, which shall be distinct, separate and cumulative and shall not operate to exclude or deprive Landlord of any default, Landlord may at any time thereafter, with thirty (30) day written notice or demand and without limiting Landlord in the exercise of any other right or remedy which Landlord may have by reason of defaultallowed it at law or in equity: (1i) Terminate Landlord may terminate this Lease.lease, in which event the Term of this lease shall end, and all right, title and interest of Tenant hereunder shall expire, on the date stated in such notice; (2ii) Without terminating this Lease, Landlord may terminate Xxxxxx's the right of Tenant to possession of the Leased PremisesPremises without terminating this lease, enter upon and take whereupon the right of Tenant to possession of the Leased Premises or any part thereof shall cease on the date stated in such notice; and (iii) Landlord may enforce the provisions of this lease and rent may enforce and protect the Leased Premises for rights of Landlord hereunder by a reasonable rental suit or suits in equity or at law for the account of Tenant, and after paying from rents collected the reasonable costs of such entry, reletting and collection and the costs specific performance of any necessary repairs made by Landlord which Tenant is obligated to make hereundercovenant or agreement contained herein, apply and, except as specifically hereinafter provided, for the remainder enforcement of the rent collected to the amounts any other appropriate legal or equitable remedy, including without limitation injunctive relief, recovery of all money due and or to become due from Tenant hereunder; (3) Pursue under any other remedy now or hereafter available to Landlord under this Lease or under the laws of the state provisions of North Carolina. All rights this lease and remedies recovery of Landlord pursuant to this Section shall be cumulative, and may be exercised singly, successively or, if appropriate, concurrently. In the event Landlord terminates this Lease or terminates Tenant's right to possession of the Leased Premises, then Tenant shall surrender possession of the Premises to Landlord, and Landlord shall have the full and free right to enter into and upon the Rented Space with or without process of law, to repossess the Rented Space, to expel or remove the Tenant and any others who may be occupying or be within the Rented Space, to remove any and all property from the Rented Space and to the [sic] change the locks on the Rented Space, without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer. In any event of default by Xxxxxx, Landlord shall be entitled to recover from Tenant all damage damages incurred by Landlord by reason of Tenant's default, including but not limited to: the Default. Notwithstanding any unpaid rent; the cost of recovering possession of the foregoing or anything else to the contrary in this lease, Landlord waives all rights to distrain for rent against Tenant’s property in the Premises. (iv) Landlord may cure or correct such Default or take steps to perform any covenant, agreement, condition or provisions of this lease, and all costs and expenses incurred by Landlord in so doing (including reasonable attorney's attorneys’ fees; expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney's fees, and any real estate commission actually paid; any loss of future rental; and a pro rata portion of any leasing commission ) shall be paid by Tenant to Landlord based on as additional rent upon demand plus interest at the number of days of any period for which a commission was paid that remain after Default Rate (defined in Section 28(i)) from the date of Tenant's defaultexpenditure. Any rent unpaid when due, including additional rent Landlord’s proceeding under the rights reserved to Landlord under this Section 19(b)(iv) shall not paid upon demand, shall bear interest from the date due at the rate in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of twelve percent (12.00%) per annumthat or any other Default.

Landlord's Rights and Remedies. In (a) If an Event of Default should occur as provided above, subject to the event provisions of any defaultArticle 8 and Section 12.26 of this Lease, Landlord may at any time thereafterwill have the option of proceeding for all past due Rent and direct damages caused by the default and, with thirty or without such a proceeding, exercising any or all of the following rights or remedies: (30i) day Landlord may retain this Lease in effect, reserve its right to proceed for enforcement of Lease obligations coming due in the future, and, at Landlord's option, proceed for specific performance or injunctive relief; or (ii) Landlord may cancel and terminate this Lease, and this cancellation will be effective upon five (5) days' written notice or demand and without limiting to Tenant. Landlord in the exercise of any right or remedy which Landlord may have by reason of default: (1) Terminate this Leaseshall not be entitled to accelerate Rents. (2b) Without terminating If Landlord elects option (a)(ii) and terminates this Lease, terminate Xxxxxx's right to possession of the Leased Premises, enter upon and take possession of the Leased Premises and rent then Landlord may re-lease the Leased Premises for a such price and on such terms as may be reasonably obtainable, and Tenant will be and remain liable, not only for all Rent due and other obligations incurred up to the date of termination, but also for stipulated or liquidated damages for its nonperformance equal to the sum of (i) all reasonable rental for expenses that Landlord may incur in re-entering and re-possessing the account of Premises, curing any default by Tenant, putting the Premises in proper repair and after paying from rents collected making such reasonable, non-structural modifications thereto as shall be required for any new tenants, protecting and preserving the reasonable costs of such entryPremises by placing watchmen and caretakers therein, reletting and collection and the costs of any necessary repairs made by Landlord which Tenant is obligated to make hereunder, apply the remainder of the rent collected to the amounts due and to become due from Tenant hereunder; (3) Pursue any other remedy now or hereafter available to Landlord under this Lease or under the laws of the state of North Carolina. All rights and remedies of Landlord pursuant to this Section shall be cumulative, and may be exercised singly, successively or, if appropriate, concurrently. In the event Landlord terminates this Lease or terminates Tenant's right to possession of the Leased Premises, then Tenant shall surrender possession of the Premises to Landlord, and Landlord shall have the full and free right to enter into and upon the Rented Space with or without process of law, to repossess the Rented Space, to expel or remove the Tenant and any others who may be occupying or be within the Rented Space, to remove any and all property from the Rented Space and to the [sic] change the locks on the Rented Space, without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer. In any event of default by Xxxxxx, Landlord shall be entitled to recover from Tenant all damage incurred by Landlord by reason of Tenant's default, including but not limited to: any unpaid rent; the cost of recovering possession of the Premises, including reasonable attorney's fees and disbursements, sheriff's fees; expenses , and brokerage fees in doing so, plus (ii) the greater of reletting(a) an amount equal to the Rent payable by Tenant to Landlord during the last full Lease Year prior to the Event of Default (provided that if fewer than twelve (12) months remain in the Term, including necessary renovation then this amount will be calculated for the number of months that remain in the Term) or (b) the discounted present value (determined using a per annum rate equal to the "Prime Rate" as published on the date this Lease is terminated by The Wall Street Journal in its listing of "Money Rates" or by a similar newspaper with national circulation) of the amount by which the aggregate of all Rent that would have been paid hereunder had this Lease remained in effect until the stipulated end of the Term (calculated as the average Base Amount and alteration Additional Rent due by Tenant in the last three full Lease Years prior to the Event of Default) multiplied by the number of years that would have remained in the Term had this Lease not terminated), exceeds the fair rental value of the Premises during this period. For purposes of the calculation set out in (b) above, the fair rental value of the Premises during any period prior to the time at which Landlord could reasonably be expected to obtain a new tenant for the Premises will be zero (unless Landlord obtains a new tenant within that period), and if Landlord has leased the Premises to a new tenant on commercially reasonable terms, then the rental payable by the new tenant will be deemed to be the fair rental value of the Premises, and if Landlord has used commercially reasonable attorneyefforts to lease the Premises to a new tenant, the period between the termination of this Lease and the commencement of the new lease will be deemed to be the time within which Landlord could reasonably be expected to obtain a new tenant for the Premises. In any case, Landlord may remove or cause to be removed, at Tenant's expense, all property of Tenant from the Premises and store the same in Landlord's or Tenant's name, but at the cost, expense, and risk of Tenant, without liability to Tenant for loss or injury to such property. In addition, upon the occurrence of an Event of Default on the part of Tenant, Landlord is hereby irrevocably authorized, to the extent legally permitted, to sell, at public or private sale, with or without legal proceedings, and with or without notice, demand, advertisement, appraisement, or any other formality, any and all of the contents of the Premises owned by Tenant, and Landlord may purchase these contents at private sale or for the highest bid at public sale, and the proceeds of this sale, after deducting all costs, charges, attorneys' fees, and expenses of the sale, will be applied to the payment of Rent. (c) In addition to, and not in lieu of the foregoing remedies, if Tenant fails to perform any real estate commission actually paid; any loss of future rental; its obligations under this Lease before the expiration of the applicable notice and a pro rata portion of any leasing commission paid cure period, then Landlord will have the right, but not the obligation, to pay all sums and take all actions that are reasonably necessary or desirable to perform Tenant's obligation, and Tenant will reimburse Landlord for such sums and other costs incurred by Landlord based on the number as additional rent within ten (10) days after demand. The performance by Landlord of days of any period for which a commission was paid that remain after the date one of Tenant's defaultobligations will not be construed as a modification or waiver of any provision of this Lease, and such obligation will remain the obligation of Tenant. Any rent unpaid when dueIn addition, including additional rent Landlord's failure to perform such obligation shall not paid upon demandpreclude Landlord from exercising any of its other rights or remedies set out in this section by reason of an Event of Default, except to the extent that Landlord now or hereafter has a duty under applicable law to mitigate its damages resulting from an Event of Default, and the failure to perform such obligation constitutes a breach of such duty. (d) All rights and remedies of Landlord under this Lease will be cumulative, and none will exclude any other rights or remedies granted in this Lease. The failure to assert any remedy or the granting of any waiver (as provided in Section 12.12 hereof) of any Event of Default shall bear interest not be deemed to be a waiver of such remedy or any subsequent Event of Default. (e) Nothing in this Section 9.2 shall limit or diminish any duty that Landlord may now or hereafter have under applicable law to mitigate its damages resulting from an Event of Default. (f) Such rights and remedies as are given Landlord hereunder shall also extend to the date due at Trustee, and the rate Trustee and the holders of twelve percent (12.00%) per annumthe Notes issued under the Indenture shall be deemed third party beneficiaries of all covenants and agreements contained herein.

Landlord's Rights and Remedies. In If a Default occurs, Landlord shall have the event following rights and remedies, which shall be distinct, separate and cumulative, and which may be exercised by Landlord concurrently or consecutively in any combination and which shall not operate to exclude or deprive Landlord of any default, Landlord may at any time thereafter, with thirty (30) day written notice or demand and without limiting Landlord in the exercise of any other right or remedy which allowed it hereunder or by operation of law: A. Landlord may have terminate this Lease by reason giving to Tenant notice of default: (1) Terminate Landlord's intention so to do, in which event the Lease Term shall end, and all right, title and interest of Tenant hereunder shall expire, on the date stated in such notice, and the Landlord may accelerate and declare immediately due and payable, the whole or any part of the Rent and other charges, payments, costs, and expenses herein agreed to be paid by Tenant for the entire unexpired balance of the term of this Lease.; (2) Without terminating this Lease, B. Landlord may terminate Xxxxxx's the right of Tenant to possession of the Leased PremisesPremises without terminating this Lease by giving notice to Tenant that Tenant's right of possession shall end on the date stated in such notice, enter upon and take whereupon the right of Tenant to possession of the Leased Premises or any part thereof shall cease on the date stated in such notice, but Tenant's obligations under this Lease shall continue in full force and rent effect. Any funds from rerental of the Leased Premises for will be credited against Tenant's obligations under the Lease. C. Landlord may enforce the provisions of this Lease and may enforce and protect the rights of Landlord hereunder by a reasonable rental suit or suits in equity or at law for the account of Tenant, and after paying from rents collected the reasonable costs of such entry, reletting and collection and the costs specific performance of any necessary repairs made by Landlord which Tenant is obligated to make hereundercovenant or agreement contained herein, apply or for the remainder enforcement of the rent collected to the amounts any other appropriate legal or equitable remedy, including injunctive relief and recovery of all monies due and or to become due from Tenant hereunder; (3) Pursue under any other remedy now or hereafter available to Landlord under this Lease or under the laws of the state provisions of North Carolina. All rights and remedies of Landlord pursuant to this Section shall be cumulative, and may be exercised singly, successively or, if appropriate, concurrently. In the event Landlord terminates this Lease or terminates Tenant's right to possession of the Leased Premises, then Tenant shall surrender possession of the Premises to Landlord, and Landlord shall have the full and free right to enter into and upon the Rented Space with or without process of law, to repossess the Rented Space, to expel or remove the Tenant and any others who may be occupying or be within the Rented Space, to remove any and all property from the Rented Space and to the [sic] change the locks on the Rented Space, without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer. In any event of default by Xxxxxx, Landlord shall be entitled to recover from Tenant all damage incurred by Landlord by reason of Tenant's default, including but not limited to: any unpaid rent; the cost of recovering possession of the Premises, including reasonable attorney's fees; expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney's fees, and any real estate commission actually paid; any loss of future rental; and a pro rata portion of any leasing commission paid by Landlord based on the number of days of any period for which a commission was paid that remain after the date of Tenant's default. Any rent unpaid when due, including additional rent not paid upon demand, shall bear interest from the date due at the rate of twelve percent (12.00%) per annumLease.

Landlord's Rights and Remedies. A. In the event case of such default or defaults described in Section 15.1 above, then Landlord, besides other rights or remedies Landlord may have, shall have the immediate rights of re-entry onto the property to remove all persons and property from the Premises; and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of, Tenant. B. Should Landlord elect to re-enter, as herein provided, or should Landlord take possession pursuant to legal proceedings or pursuant to any defaultnotice provided for by law, Landlord may at any either terminate this Lease or may from time thereafterto time, with thirty (30) day written notice or demand and without limiting Landlord in the exercise of any right or remedy which Landlord may have by reason of default: (1) Terminate this Lease. (2) Without terminating this Lease, terminate Xxxxxx's re-let the Premises or any part thereof for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rent or rents and upon such other terms and conditions as Landlord in its sole discretion may deem advisable, with the right to possession of the Leased make alterations and repairs to said Premises, enter upon and take possession of the Leased Premises and rent the Leased Premises for a reasonable rental for the account of Tenant, and after paying from rents collected the reasonable costs of . C. Upon such entry, reletting and collection and the costs of any necessary repairs made by Landlord which Tenant is obligated to make hereunder, apply the remainder of the rent collected to the amounts due and to become due from Tenant hereunder;re-letting: (3I) Pursue any other remedy now or hereafter available to Landlord under this Lease or under the laws of the state of North Carolina. All rights and remedies of Landlord pursuant to this Section Tenant shall be cumulative, and may be exercised singly, successively or, if appropriate, concurrently. In the event Landlord terminates this Lease or terminates Tenant's right immediately liable to possession of the Leased Premises, then Tenant shall surrender possession of the Premises pay to Landlord, in addition to any indebtedness other than rent due hereunder, the cost and expenses of such re-letting and of such alteration and repair, incurred by Xxxxxxxx, and the amount, if any, by which the rent reserved in this Lease for the period of such re-letting (up to but not beyond the Term of this Lease) exceeds the amount agreed to be paid as rent for the Premises for such period of such re-letting; or (II) At the option of Landlord, rents received by Landlord from such re-letting shall have the full and free right to enter into and upon the Rented Space with or without process of lawbe applied as follows: first, to repossess the Rented Spacepayment of any indebtedness, other than rent, due hereunder from Tenant to Landlord; second, to expel or remove the Tenant payment of any costs and any others who may be occupying or be within the Rented Spaceexpenses of such re-letting and of such alterations and repairs; third, to remove any the payment of rent due and all property from unpaid hereunder and the Rented Space and to the [sic] change the locks on the Rented Spaceresidue, without being deemed in any manner guilty of trespassif any, eviction or forcible entry or detainer. In any event of default by Xxxxxx, Landlord shall be entitled held by Xxxxxxxx and applied in payment of future rent as the same may become due and payable hereunder. If Xxxxxx has been credited with any rent to recover from Tenant all damage incurred be received by such re-letting and such rent shall not be promptly paid to Landlord by reason of Tenant's defaultthe new tenant, including but not limited to: or if such rents received from re-letting during any unpaid rent; month shall be less than that to be paid during the cost of recovering possession of the Premisesmonth by Tenant hereunder, including reasonable attorney's fees; expenses of reletting, including necessary renovation Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and alteration of the Premises, reasonable attorney's fees, and any real estate commission actually paid; any loss of future rental; and a pro rata portion of any leasing commission paid by Landlord based on the number of days of any period for which a commission was paid that remain after the date of Tenant's default. Any rent unpaid when due, including additional rent not paid upon demand, shall bear interest from the date due at the rate of twelve percent (12.00%) per annummonthly.

Landlord's Rights and Remedies. In Upon any default and a failure by Tenant to cure same within the event of any defaulttime period in the preceding section, Landlord may Landlord, at any time thereafterits option, with thirty (30) day written notice or demand and without limiting Landlord further demand or notice, shall have the following rights and remedies in the exercise addition to any rights provided by law, all of any right or remedy which Landlord may have by reason of defaultshall be cumulative: (1) Terminate this LeasePerform any covenant or obligation of Tenant and charge the cost of the cure to the next installment or installments of base rental due. (2) Without terminating Allow Tenant to remain in possession, declare the total rental under this Lease, terminate Xxxxxx's right to possession of the Leased Premises, enter upon and take possession of the Leased Premises and rent the Leased Premises for a reasonable rental for the account of Tenant, and after paying from rents collected the reasonable costs of such entry, reletting and collection and the costs of any necessary repairs made by Landlord which Tenant is obligated to make hereunder, apply the remainder of the rent collected to the amounts lease immediately due and to become due from Tenant hereunder;payable and institute collection proceedings. (3) Pursue Retake possession of the leased premises and any leased equipment and relet the leased premises or any part thereof to a third party. If the Landlord relets the premises (either for a term greater than less than or equal to the unexpired portion of the term then in effect under the terms of this lease) for an aggregate rent during the portion of such new lease which is less than the rent and other remedy charges which Tenant would pay hereunder for such period, Landlord may immediately upon the making of such new lease, xxx for and recover the difference between the aggregate rental provided for in said new lease for the portion of the term coextensive with the term then in effect under this lease, and the rent which Tenant would pay hereunder for such period (discounted to present value at a factor of 8% per annum), together with any expense to which Landlord may be put for brokerage commission, placing the demised premises in tenantable condition, charges accrued prior to the new lease or otherwise. If such new lease or tenancy is made for a shorter term than the balance of the term of this lease, any such action brought by Landlord to collect the deficit for that period shall not bar Landlord from thereafter suing for any loss accruing during the balance of the unexpired term of this lease. (4) Operate the facility on Tenant's behalf (and subject to applicable Kentucky statutes and regulations) until any default by Tenant under this lease has been cured. Any such summary action by Landlord shall not be construed as an election or act constituting retaking of possession unless expressly so stated in writing by Landlord to Tenant. Tenant knowingly and voluntarily waives demand for performance, notice to quit and any and all rights of redemption which Tenant may now have or hereafter available acquire pursuant to statute or court decision, except for notice as provided in this Article. Landlord shall have the right to cure any default by Tenant without giving notice to Tenant in the event of an emergency. Landlord's failure to insist on the strict performance of and compliance with each condition in this lease shall neither constitute nor be construed as constituting a waiver by Landlord of Landlord's rights under this Lease Article or under the laws by law, nor constitute nor be construed as consisting of a waiver by Landlord of a second or subsequent default by Tenant of the state same condition. Acceptance of North Carolina. All rights and remedies past due rent or other sums due shall in no way act as a waiver of Tenant's default nor prevent Landlord pursuant to this Section shall be cumulative, and may be exercised singly, successively or, if appropriate, concurrentlyfrom proceeding as above stated. In the event litigation is commenced, it shall not be necessary for Landlord terminates this Lease or terminates Tenant's right to possession notify Tenant of the Leased Premises, then Tenant shall surrender possession of the Premises to Landlord, and Landlord shall have the full and free right to enter into and upon the Rented Space with or without process of law, to repossess the Rented Space, to expel or remove the Tenant and any others who may be occupying or be within the Rented Space, to remove any and all property from the Rented Space and to the [sic] change the locks on the Rented Space, without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer. In any event additional occurrences of default by Xxxxxx, Landlord shall be entitled prior to recover from Tenant all damage incurred by Landlord by reason of Tenant's default, including but not limited to: any unpaid rent; the cost of recovering possession of the Premises, including reasonable attorney's fees; expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney's fees, and any real estate commission actually paid; any loss of future rental; and a pro rata portion of any leasing commission paid by Landlord based on the number of days of any period for which a commission was paid that remain after the date of Tenant's default. Any rent unpaid when due, including additional rent not paid upon demand, shall bear interest from the date due at the rate of twelve percent (12.00%) per annumproceeding as permitted.

Landlord's Rights and Remedies. In Upon the event happening of any defaultEvent of Default and during the continuance thereof, Landlord, at its option, and without further demand or notice, shall have the following rights and remedies in addition to any rights provided by law, all of which shall be cumulative: (a) Perform any covenant or obligation of Tenant and charge the reasonable cost of the cure to the next installment or installments of Annual Rent due. (b) Retake possession of the Demised Premises without terminating this Lease and relet the Demised Premises or any part thereof to a third party. If Landlord relets the Demised Premises (either for a term greater than, less than or equal to the unexpired portion of the Lease Term) for an aggregate rent during the portion of such new lease which is less than Annual Rent and other charges which Tenant would pay hereunder for such period, Landlord may at immediately upon the making of such new lease, xxx for and recover the difference between the aggregate rental provided for in said new lease for the balance of the term coextensive with the Lease Term, and the Annual Rent which Tenant would pay hereunder for such period, together with any time thereafter, with thirty (30) day written notice or demand and without limiting Landlord in the exercise of any right or remedy reasonable expenses to which Landlord may have by reason of default: (1) Terminate this Lease. (2) Without terminating this Leasebe put for brokerage commissions, terminate Xxxxxx's right to possession of placing the Leased Premises, enter upon and take possession of the Leased Demised Premises and rent the Leased Premises for a reasonable rental for the account of Tenantin tenantable condition, and after paying from rents collected the reasonable costs of such entry, reletting and collection and the costs of any necessary repairs made by Landlord which Tenant is obligated to make hereunder, apply the remainder of the rent collected other related charges or expenses accrued prior to the amounts due and to become due from Tenant hereunder; (3) Pursue any other remedy now new lease or hereafter available to Landlord under this Lease or under the laws of the state of North Carolina. All rights and remedies of Landlord pursuant to this Section shall be cumulative, and may be exercised singly, successively or, if appropriate, concurrentlyotherwise. In the event Landlord terminates this Lease or terminates Tenant's right to possession does not collect the entire amount of the Leased Premisesaggregate rental provided for in such new lease, then Landlord may xxx for and recover the difference between the amount of such aggregate rental actually collected and the Annual Rent which Tenant shall surrender possession would pay hereunder. If such new lease or tenancy is made for a shorter term than the balance of the Premises to LandlordLease Term, and Landlord shall have the full and free right to enter into and upon the Rented Space with or without process of lawfor a greater rental, to repossess the Rented Space, to expel or remove the Tenant and any others who may be occupying or be within the Rented Space, to remove any and all property from the Rented Space and to the [sic] change the locks on the Rented Space, without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer. In any event of default by Xxxxxx, Landlord shall be entitled to recover from Tenant all damage incurred such action brought by Landlord by reason of Tenant's default, including but to collect the deficit for that period shall not limited to: bar Landlord from thereafter suing for any unpaid rent; loss accruing during the cost of recovering possession balance of the Premises, including reasonable attorney's fees; expenses of reletting, including necessary renovation and alteration unexpired Lease Term whether or not due to expiration or termination of the Premises, reasonable attorney's fees, and any real estate commission actually paid; any loss of future rental; and a pro rata portion of any leasing commission paid by Landlord based on the number of days of any period for which a commission was paid that remain after the date of Tenant's default. Any rent unpaid when due, including additional rent not paid upon demand, shall bear interest from the date due at the rate of twelve percent (12.00%) per annumnew lease.

Landlord's Rights and Remedies. In Upon the event happening and continuance of any defaultEvent of Default, beyond applicable notice or cure periods, Landlord, at its option, shall have the following rights and remedies in addition to any rights provided by applicable law, all of which shall be cumulative: (a) Perform any covenant or obligation of Tenant and charge the reasonable cost of the cure as Additional Rent due and payable with the next installment or installments of the Base Rent due. (b) Retake possession of the Demised Premises through summary dispossess proceedings or such other means as permitted by law and relet the Demised Premises or any part thereof to a third party. If the Landlord relets the Demised Premises (either for a term greater than, less than or equal to the unexpired portion of the ten-current Term) for an aggregate rent during the portion of such new lease which is less than the Base Rent and other charges which Tenant would pay hereunder for such period, Landlord may at immediately upon the making of such new lease, xxx for and recover the difference between the aggregate rental provided for in said new lease for the balance of the term coextensive with the current term of this Lease, and the Base Rent which Tenant would pay hereunder for such period, together with any time thereafterreasonable, with thirty (30) day written notice or demand actual out-of-pocket costs and without limiting Landlord in the exercise of any right or remedy expenses to which Landlord may have by reason of default: (1) Terminate this Lease. (2) Without terminating this Leasebe put for brokerage commissions, terminate Xxxxxx's right to possession of placing the Leased Premises, enter upon and take possession of the Leased Demised Premises and rent the Leased Premises for a reasonable rental for the account of Tenantin tenantable condition, and after paying from rents collected the reasonable costs of such entry, reletting and collection and the costs of any necessary repairs made by Landlord which Tenant is obligated to make hereunder, apply the remainder of the rent collected other related charges or expenses accrued prior to the amounts due and to become due from Tenant hereunder; (3) Pursue any other remedy now new lease or hereafter available to Landlord under this Lease or under the laws of the state of North Carolina. All rights and remedies of Landlord pursuant to this Section shall be cumulative, and may be exercised singly, successively or, if appropriate, concurrentlyotherwise. In the event Landlord terminates does not collect the entire amount of the aggregate rental provided for in such new lease, Landlord may xxx for and recover the difference between the amount of such aggregate rental actually collected and the Base Rent which Tenant would pay hereunder. If such new lease or tenancy is made for a shorter term than the balance of the current Term of this Lease or terminates Tenant's right for a greater rental, any such action brought by Landlord to possession collect the deficit for that period shall not bar Landlord from thereafter suing for any loss accruing during the balance of the Leased Premises, then Tenant shall surrender possession unexpired term whether or not due to expiration or termination of the new lease. (c) Give a notice of termination of this Lease for any material non-monetary default (regardless of whether Landlord prior to the giving of such notice shall have accepted rent or any other payment, however designated, for the use and occupancy of the Demised Premises from or on behalf of Tenant or from any other person) to LandlordTenant specifying such Event or Events of Default and stating that this Lease and the Lease Term shall expire and terminate on the date specified in such notice, and Landlord which date shall be at least forty-five (45) days after the giving of such notice during which time Tenant shall have the full and free right to enter into cure or, if the default cannot be reasonably cured during such period, to commence the curative process and to diligently pursue such cure thereafter. Subject to the foregoing, in the event such notice is given and cure is not commenced, this Lease and the Lease Term and all rights of Tenant under this Lease shall expire and terminate upon the Rented Space date specified in such notice with the same effects as if the date specified in such notice were the date originally set forth in this Lease for the expiration of the Term, but Tenant shall remain liable as provided in this Section 20.2. (d) Landlord's failure to insist on the strict performance of and compliance with each condition in this Lease shall neither constitute nor be construed as constituting a waiver by Landlord of Landlord's rights under this Article 20 or without process of under applicable law, to repossess the Rented Space, to expel nor constitute nor be construed as consisting of a waiver by Landlord of a second or remove the Tenant and any others who may be occupying or be within the Rented Space, to remove any and all property from the Rented Space and to the [sic] change the locks on the Rented Space, without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer. In any event of subsequent default by XxxxxxTenant of the same condition. Acceptance of past due Base Rent, Landlord Additional Rent or other sums due shall be entitled to recover from Tenant all damage incurred by Landlord by reason in no way act as a waiver of Tenant's defaultdefault nor prevent Landlord from proceeding as above stated. In the event litigation is commenced, including but it shall not limited to: be necessary for Landlord to notify Tenant of any unpaid rent; additional occurrences of default prior to proceeding as permitted. (e) No such expiration or termination of this Lease shall relieve Tenant of its liability and obligation to pay the cost of recovering possession of the Premises, including reasonable attorney's fees; expenses of reletting, including necessary renovation Base Rent and alteration of the Premises, reasonable attorney's feesAdditional Rent theretofore accrued or thereafter accruing, and such liability and obligation shall survive any real estate commission actually paid; any loss of future rental; and a pro rata portion of any leasing commission paid by Landlord based on the number of days of any period for which a commission was paid that remain after the date of Tenant's default. Any rent unpaid when due, including additional rent not paid upon demand, shall bear interest from the date due at the rate of twelve percent (12.00%) per annumsuch expiration or termination.

Landlord's Rights and Remedies. In If a Default occurs, Landlord shall ------------------------------ have the event rights and remedies hereinafter set forth, which shall be distinct, separate and cumulative and shall not operate to exclude or deprive Landlord of any default, Landlord may at any time thereafter, with thirty (30) day written notice or demand and without limiting Landlord in the exercise of any other right or remedy which Landlord may have by reason of defaultallowed it at law or in equity: (1i) Terminate Landlord may terminate this Lease.lease, in which event the Term of this lease shall end, and all right, title and interest of Tenant hereunder shall expire, on the date stated in such notice; (2ii) Without terminating this Lease, Landlord may terminate Xxxxxx's the right of Tenant to possession of the Leased PremisesPremises without terminating this lease, enter upon and take Whereupon the right of Tenant to possession of the Leased Premises or any part: thereof shall cease on the date stated in such notice; and (iii) Landlord may enforce the provisions of this lease and rent may enforce and protect the Leased Premises for rights of Landlord hereunder by a reasonable rental suit or suits in equity or at law for the account specific performance of Tenantany covenant or agreement contained herein, and after paying from rents collected for the reasonable costs of such entry, reletting and collection and the costs enforcement of any necessary repairs made by Landlord which Tenant is obligated to make hereunderother appropriate legal or equitable remedy, apply the remainder including without limitation distraint for rent, injunctive relief, recovery of the rent collected to the amounts all money due and or to become due from Tenant hereunder; (3) Pursue under any other remedy now or hereafter available to Landlord under this Lease or under the laws of the state provisions of North Carolina. All rights this lease and remedies recovery, of Landlord pursuant to this Section shall be cumulative, and may be exercised singly, successively or, if appropriate, concurrently. In the event Landlord terminates this Lease or terminates Tenant's right to possession of the Leased Premises, then Tenant shall surrender possession of the Premises to Landlord, and Landlord shall have the full and free right to enter into and upon the Rented Space with or without process of law, to repossess the Rented Space, to expel or remove the Tenant and any others who may be occupying or be within the Rented Space, to remove any and all property from the Rented Space and to the [sic] change the locks on the Rented Space, without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer. In any event of default by Xxxxxx, Landlord shall be entitled to recover from Tenant all damage damages incurred by Landlord by reason of Tenant's defaultthe Default. (iv) Landlord may cure or correct such Default or take steps to perform any covenant, including but not limited to: any unpaid rent; the cost agreement, condition or provisions of recovering possession of the Premisesthis lease, and all costs and expenses incurred by Landlord in so doing (including reasonable attorney's attorneys' fees; expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney's fees, and any real estate commission actually paid; any loss of future rental; and a pro rata portion of any leasing commission ) shall be paid by Tenant to Landlord based on as additional rent upon demand plus interest at the number of days of any period for which a commission was paid that remain after Default Rate (defined in Section 28(i)) from the date of Tenantexpenditure. Landlord's default. Any rent unpaid when due, including additional rent proceeding under the rights reserved to Landlord under this Section 19(b)(iv) shall not paid upon demand, shall bear interest from the date due at the rate in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of twelve percent (12.00%) per annumthat or any other Default.

Landlord's Rights and Remedies. In Should Tenant fail to cure within the event time periods specified in Section 16.2 any default specified in subparagraph (a), (b) or (c) of Section 16.1, or fail to quit the Premises in accordance with subparagraph (d) of Section 16.2 with respect to any defaultdefault specified in subparagraph (d) of Section 16.1, Landlord may at exercise any time thereafter, with thirty (30) day written of the following rights without further notice or demand and without limiting Landlord in the exercise of any right kind to Tenant or remedy which Landlord may have any other person, except as required by reason of defaultapplicable state law: (1a) Terminate The right of Landlord to terminate this Lease. (2) Without terminating this Lease, terminate Lease and Xxxxxx's right to possession of the Leased Premises and to reenter the Premises, enter upon and take possession of the Leased Premises thereof and rent the Leased Premises for a reasonable rental for the account of Tenantremove all persons therefrom, and after paying from rents collected the reasonable costs of such entry, reletting and collection and the costs of any necessary repairs made by Landlord following which Tenant is obligated to make hereunder, apply the remainder of the rent collected to the amounts due and to become due from Tenant shall have no further claim thereon or hereunder; (3b) Pursue any other remedy now or hereafter available to Landlord under The right of Landlord, without terminating this Lease or under the laws of the state of North Carolina. All rights and remedies of Landlord pursuant to this Section shall be cumulative, and may be exercised singly, successively or, if appropriate, concurrently. In the event Landlord terminates this Lease or terminates TenantXxxxxx's right to possession of the Leased Premises, then to reenter the Premises and occupy the whole or any part thereof for and on account of Tenant and to collect any unpaid Rent which has become payable, or which may thereafter become payable; or (c) The right of Landlord, even though it may have reentered the Premises, in accordance with subparagraph (b) of this Section, to elect thereafter to terminate this Lease and Xxxxxx's right to possession of the Premises. Should Landlord have reentered the Premises under the provisions of subparagraph (b) of this Section, Landlord shall not be deemed to have terminated this Lease or have accepted a surrender thereof by any such reentry, unless Landlord shall have notified Tenant in writing that it has so elected to terminate this Lease and Xxxxxx's right to possession. Tenant further covenants that the service by Landlord of any notice pursuant to the unlawful detainer or eviction statutes of the state where the Shopping Center is located and the surrender of possession pursuant to such notice shall not (unless Landlord elects to the contrary at the time of, or at any time subsequent to, the serving of such notice and such election is evidenced by a written notice to Tenant) be deemed to be a termination of this Lease. In the event of any reentry or taking possession of the Premises to Landlordas aforesaid, and Landlord shall have the full and free right to enter into and upon right, but not the Rented Space with or without process of law, to repossess the Rented Space, to expel or remove the Tenant and any others who may be occupying or be within the Rented Spaceobligation, to remove therefrom all or any and all property from part of the Rented Space merchandise, Improvements or Personal Property located therein and to place the [sic] change same in storage at a public warehouse at the locks on expense and risk of Tenant. The rights and remedies given to Landlord in this Section shall be additional and supplemental to all other rights or remedies which Landlord may have under laws in force when the Rented Space, without being deemed default occurs. Landlord agrees that in any manner guilty of trespass, eviction or forcible entry or detainer. In any the event of default by XxxxxxTenant defaults under this Lease and thereafter vacates the Premises, Landlord shall be entitled use its reasonable efforts to recover from Tenant all damage incurred by Landlord by reason re-lease the Premises and mitigate monetary damages arising out of Tenant's defaultdefault or breach of this Lease. Nothing herein, including but not limited to: however, shall prohibit Landlord from leasing any unpaid rent; other vacant premises before leasing the cost of recovering possession Premises hereunder, or from using its business judgment respecting the leasing of the Premises, including reasonable attorney's fees; expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney's fees, and any real estate commission actually paid; any loss of future rental; and a pro rata portion of any leasing commission paid by Landlord based on the number of days of any period for which a commission was paid that remain after the date of Tenant's default. Any rent unpaid when due, including additional rent not paid upon demand, shall bear interest from the date due at the rate of twelve percent (12.00%) per annumPremises hereunder.

Landlord's Rights and Remedies. In If a Default occurs, Landlord shall have the event rights and remedies hereinafter set forth, which shall be distinct, separate and cumulative and shall not operate to exclude or deprive Landlord of any defaultother right or remedy allowed it at law or in equity: (i) By written notice to Tenant, Landlord may at any time thereafterterminate this Lease, with thirty in which event the Term of this Lease shall end, and all right, title and interest of Tenant hereunder shall expire, on the date stated in such notice; (30ii) day By written notice or demand and without limiting Landlord in the exercise of any right or remedy which to Tenant, Landlord may have by reason terminate the right of default: (1) Terminate this Lease. (2) Without Tenant to possession of the Premises without terminating this Lease, terminate Xxxxxx's whereupon the right of Tenant to possession of the Leased Premises, enter upon Premises or any part thereof shall cease on the date stated in such notice; (iii) Landlord may enforce the provisions of this Lease and take possession may enforce and protect the rights of the Leased Premises and rent the Leased Premises for Landlord hereunder by a reasonable rental suit or suits in equity or at law for the account specific performance of Tenantany covenant or agreement contained herein, and after paying from rents collected for the reasonable costs of such entry, reletting and collection and the costs enforcement of any necessary repairs made by Landlord which Tenant is obligated to make hereunderother appropriate legal or equitable remedy, apply the remainder including without limitation distraint for rent, injunctive relief, recovery of the rent collected to the amounts all money due and or to become due from Tenant hereunder; (3) Pursue under any other remedy now or hereafter available to Landlord under of the provisions of this Lease or under the laws and recovery of the state of North Carolina. All rights and remedies of Landlord pursuant to this Section shall be cumulative, and may be exercised singly, successively or, if appropriate, concurrently. In the event Landlord terminates this Lease or terminates Tenant's right to possession of the Leased Premises, then Tenant shall surrender possession of the Premises to Landlord, and Landlord shall have the full and free right to enter into and upon the Rented Space with or without process of law, to repossess the Rented Space, to expel or remove the Tenant and any others who may be occupying or be within the Rented Space, to remove any and all property from the Rented Space and to the [sic] change the locks on the Rented Space, without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer. In any event of default by Xxxxxx, Landlord shall be entitled to recover from Tenant all damage damages incurred by Landlord by reason of Tenant's defaultthe Default; and (iv) Landlord may cure or correct such Default or take steps to perform any covenant, agreement, condition or provisions of this lease, and all costs and expenses reasonably incurred by Landlord in so doing (including but reasonable attorneys’ fees) shall be paid by Tenant to Landlord as additional rent upon demand plus interest at the Default Rate (defined in Section 28(i)) from the date of expenditure. Landlord’s proceeding under the rights reserved to Landlord under this Section 19(b)(iv) shall not limited to: in any unpaid rentway prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of that or any other Default. Upon any Default of Tenant under this Section 19, to the extent Landlord is seeking damages against Tenant as a result thereof, then Landlord shall be required to use reasonable efforts to mitigate its damages generally, as and to the extent required by applicable Law; provided, however, Landlord shall not be deemed to have failed to mitigate if Landlord leases any other premises in the cost of recovering possession Project before reletting all or any portion of the Premises, including . Any failure by Landlord to mitigate with respect to any period of time shall only reduce Rent and any other amount to which Landlord is entitled under this Lease by the reasonable attorney's fees; expenses of reletting, including necessary renovation and alteration value of the Premises, reasonable attorney's fees, and any real estate commission actually paid; any loss of future rental; and a pro rata portion of any leasing commission paid by Landlord based on the number of days of any period for which a commission was paid that remain after the date of Tenant's default. Any rent unpaid when due, including additional rent not paid upon demand, shall bear interest from the date due at the rate of twelve percent (12.00%) per annumPremises during such period.

Landlord's Rights and Remedies. In If a Default occurs, Landlord shall have the event rights and remedies hereinafter set forth, which shall be distinct, separate and cumulative and shall not operate to exclude or deprive Landlord of any default, Landlord may at any time thereafter, with thirty (30) day written notice or demand and without limiting Landlord in the exercise of any other right or remedy which Landlord may have by reason of defaultallowed it at law or in equity: (1i) Terminate Landlord may terminate this Lease.lease, in which event the Term of this lease shall end, and all right, title and interest of Tenant hereunder shall expire, on the date stated in such notice; (2ii) Without terminating this Lease, Landlord may terminate Xxxxxx's the right of Tenant to possession of the Leased PremisesPremises without terminating this lease, enter upon and take whereupon the right of Tenant to possession of the Leased Premises or any part thereof shall cease on the date stated in such notice; and (iii) Landlord may enforce the provisions of this lease and rent may enforce and protect the Leased Premises for rights of Landlord hereunder by a reasonable rental suit or suits in equity or at law for the account specific performance of Tenantany covenant or agreement contained herein, and after paying from rents collected for the reasonable costs of such entry, reletting and collection and the costs enforcement of any necessary repairs made by Landlord which Tenant is obligated to make hereunderother appropriate legal or equitable remedy, apply the remainder including without limitation distraint for rent, injunctive relief, recovery of the rent collected to the amounts all money due and or to become due from Tenant hereunder; (3) Pursue under any other remedy now or hereafter available to Landlord under this Lease or under the laws of the state provisions of North Carolina. All rights this lease and remedies recovery of Landlord pursuant to this Section shall be cumulative, and may be exercised singly, successively or, if appropriate, concurrently. In the event Landlord terminates this Lease or terminates Tenant's right to possession of the Leased Premises, then Tenant shall surrender possession of the Premises to Landlord, and Landlord shall have the full and free right to enter into and upon the Rented Space with or without process of law, to repossess the Rented Space, to expel or remove the Tenant and any others who may be occupying or be within the Rented Space, to remove any and all property from the Rented Space and to the [sic] change the locks on the Rented Space, without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer. In any event of default by Xxxxxx, Landlord shall be entitled to recover from Tenant all damage damages incurred by Landlord by reason of Tenant's defaultthe Default. (iv) Landlord may cure or correct such Default or take steps to perform any covenant, including but not limited to: any unpaid rent; the cost agreement, condition or provisions of recovering possession of the Premisesthis lease, and all costs and expenses incurred by Landlord in so doing (including reasonable attorney's attorneys' fees; expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney's fees, and any real estate commission actually paid; any loss of future rental; and a pro rata portion of any leasing commission ) shall be paid by Tenant to Landlord based on as additional rent upon demand plus interest at the number of days of any period for which a commission was paid that remain after Default Rate (defined in Section 28(i)) from the date of Tenantexpenditure. Landlord's default. Any rent unpaid when due, including additional rent proceeding under the rights reserved to Landlord under this Section 19(b)(iv) shall not paid upon demand, shall bear interest from the date due at the rate in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of twelve percent (12.00%) per annumthat or any other Default.

Landlord's Rights and Remedies. In If a Default occurs, Landlord shall have the event rights and remedies hereinafter set forth, which shall be distinct, separate and cumulative and shall not operate to exclude or deprive Landlord of any default, Landlord may at any time thereafter, with thirty (30) day written notice or demand and without limiting Landlord in the exercise of any other right or remedy which Landlord may have by reason of defaultallowed it at law or in equity: (1i) Terminate Landlord may terminate this Lease., in which event the Term of this Lease shall end, and all right, title and interest of Tenant hereunder shall expire, on the date stated in such notice; (2ii) Without Landlord may terminate the right of Tenant to possession of the Premises without terminating this Lease, terminate Xxxxxx's whereupon the right of Tenant to possession of the Leased Premises or any part thereof shall cease on the date stated in such notice; (iii) Landlord may terminate and/or remove any Tenant signage installed, or rights of Tenant to signage at the Premises, enter upon Building and/or Project without terminating this Lease, whereupon the right(s) of Tenant to signage at the Premises, Building and/or Project or any part thereof shall cease on the date stated in such notice and take possession Landlord may remove any Tenant signage installed; (iv) Landlord may enforce the provisions of this Lease and may enforce and protect the Leased Premises and rent the Leased Premises for rights of Landlord hereunder by a reasonable rental suit or suits in equity or at law for the account specific performance of Tenantany covenant or agreement contained herein, and after paying from rents collected for the reasonable costs of such entry, reletting and collection and the costs enforcement of any necessary repairs made by Landlord which Tenant is obligated to make hereunderother appropriate legal or equitable remedy, apply the remainder including, without limitation, distraint for Rent, injunctive relief, recovery of the rent collected to the amounts all money due and or to become due from Tenant hereunder; (3) Pursue under any other remedy now or hereafter available to Landlord under of the provisions of this Lease or under the laws and recovery of the state of North Carolina. All rights and remedies of Landlord pursuant to this Section shall be cumulative, and may be exercised singly, successively or, if appropriate, concurrently. In the event Landlord terminates this Lease or terminates Tenant's right to possession of the Leased Premises, then Tenant shall surrender possession of the Premises to Landlord, and Landlord shall have the full and free right to enter into and upon the Rented Space with or without process of law, to repossess the Rented Space, to expel or remove the Tenant and any others who may be occupying or be within the Rented Space, to remove any and all property from the Rented Space and to the [sic] change the locks on the Rented Space, without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer. In any event of default by Xxxxxx, Landlord shall be entitled to recover from Tenant all damage damages incurred by Landlord by reason of Tenant's defaultthe Default; and (v) Landlord may cure or correct such Default (or cause such cure or correction to occur) or take steps to perform (or cause to be performed) any covenant, including but not limited to: any unpaid rent; the cost agreement, condition or provisions of recovering possession of the Premisesthis Lease, and all costs and expenses incurred by Landlord, or Landlord’s property manager or other designated representative, in so doing (including reasonable attorney's attorneys’ fees; expenses of reletting), including necessary renovation and alteration of the Premises, reasonable attorney's fees, and any real estate commission actually paid; any loss of future rental; and a pro rata portion of any leasing commission shall be paid by Landlord based on Tenant to such party upon written demand plus interest at the number of days of any period for which a commission was paid that remain after Default Rate from the date of Tenant's defaultexpenditure. Any rent unpaid when due, including additional rent Xxxxxxxx’s proceeding under the rights reserved to Landlord under this Section 19(b)(v) shall not paid upon demand, shall bear interest from the date due at the rate in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of twelve percent (12.00%) per annumthat or any other Default.

Landlord's Rights and Remedies. In the event of any defaultIf a Default occurs, Landlord shall have the rights and remedies provided by Indiana law and those hereinafter set forth. Landlord may at any time thereafter, with thirty (30) day terminate this Lease by giving to Tenant written notice of Landlord's election to do so, in which event the Term of this Lease (but not any other provision of this Lease) shall end, or demand and without limiting Landlord in the exercise of any right or remedy which Landlord may have by reason terminate the right of default: (1) Terminate this Lease. (2) Without terminating this Lease, terminate Xxxxxx's right Tenant to possession of the Leased Premises, enter upon and take possession of the Leased Premises and rent the Leased Premises for a reasonable rental for the account of Tenant, and after paying from rents collected the reasonable costs of such entry, reletting and collection and the costs of any necessary repairs made by Landlord which Tenant is obligated to make hereunder, apply the remainder of the rent collected to the amounts due and to become due from Tenant hereunder; (3) Pursue any other remedy now or hereafter available to Landlord under Property without terminating this Lease or under by giving written notice to Tenant. Landlord may enforce the laws provisions of the state of North Carolina. All rights and remedies of Landlord pursuant to this Section shall be cumulative, and may be exercised singly, successively or, if appropriate, concurrently. In the event Landlord terminates this Lease in equity or terminates Tenant's right to possession of the Leased Premises, then Tenant shall surrender possession of the Premises to Landlord, at law; and Landlord shall have the full and free right to enter into and upon the Rented Space with or without process of law, to repossess the Rented Space, to expel or remove the Tenant and any others who may be occupying or be within the Rented Space, to remove any and all property from the Rented Space and to the [sic] change the locks on the Rented Space, without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer. In any event of default by Xxxxxx, Landlord shall be entitled to recover from Tenant all damage the Rent for the Term, as well as all other additional sums payable by Tenant, or for which Tenant is liable or in respect of which Tenant has agreed to indemnify Landlord under any of the provisions of this Lease, and all costs and expenses, including without limitation court costs and reasonable attorneys' fees and expenses incurred by Landlord by reason in the enforcement of Tenant's defaultits rights and remedies hereunder, without relief from valuation and appraisement laws, including but not limited to: any such sums thereafter accruing. Solely at the option of Landlord, Landlord may declare the entire Rent for the Term immediately due and payable by acceleration thereof, and as liquidated damages Tenant shall be obligated to pay and Landlord shall be entitled to recover an amount equal to the aggregate unpaid rent; Base Rent, for the cost of recovering possession balance of the PremisesTerm. Landlord may, including reasonable attorneybut shall be under no obligation (except as may be required by law), to relet the Property or any part thereof for such rent, for such time (which may be for a term less than or extending beyond the Term of this Lease) and upon such terms as Landlord in Landlord's fees; sole discretion shall determine, and Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant relative to such reletting. Also, in any such case, Landlord may make repairs, alterations and additions in or to the Property and redecorate the same to the extent deemed by Landlord reasonably necessary or desirable. Landlord may collect the rents from any such reletting and shall apply the same first to the payment of the expenses of relettingreentry, including necessary renovation redecoration, repair, alterations and alteration reletting and second to the payment of the Premises, reasonable attorney's feesRent herein provided to be paid by Tenant, and any real estate commission actually paid; any loss excess or residue shall operate only as an offsetting credit against the amount of future rental; Rent, if any, due and a pro rata portion of any leasing commission paid by Landlord based on owing or as the number of days of any period for which a commission was paid that remain after the date of Tenant's default. Any rent unpaid when due, including additional rent not paid upon demand, shall bear interest from the date same thereafter becomes due at the rate of twelve percent (12.00%) per annumand payable hereunder.