Common use of Lessor’s Remedies Clause in Contracts

Lessor’s Remedies. (a) Lessor shall have the right, at Lessor’s option at any time that a default or breach under Section 9.1(a) or 9.1(b) remains uncured, to invoke the dispute resolution procedures set forth in Section 11.23. Except as otherwise set forth in this Section 9.2, Lessor’s right to invoke the dispute resolution provisions set forth in Section 11.23 shall be Lessor’s sole and exclusive remedy under this Lease with respect to a default or breach under Section 9.1(a) or 9.1(b). (b) Lessor shall have the right, at Lessor’s option at any time that a default or breach under Section 9.1(c), 9.1(d) or 9.1(e) remains uncured, to terminate this Lease and Lessee’s right to possession of the Leased Premises, without further notice or demand, and to forthwith repossess the Leased Premises by any lawful means in which event Lessee shall immediately surrender possession of the Leased Premises to Lessor; and any such action on the part of Lessor shall be in addition to any other remedy that may be available to Lessor for breach of contract, or otherwise, including the right of setoff. (c) If, by the terms of this Lease, Lessee is required to do or perform any act or to pay any sum to a third party, and fails or refuses to do so, Lessor, after 30 days written notice to Lessee, without waiving any other right or remedy hereunder for such default, may do or perform such act, at Lessee’s expense, or pay such sum for and on behalf of Lessee, and the amounts so expended by Lessor shall be repayable on demand, and bear interest from the date expended by Lessor until paid at a rate equal to the lesser of (i) an interest rate equal to the “Prime Rate” as published in The Wall Street Journal, Southwest Edition, in its listing of “Money Rates” plus five percent (5%) or (ii) the maximum non-usurious rate of interest permitted under applicable Law (the “Default Rate”).

Lessor’s Remedies. (a) Upon the occurrence of any default or Event of Default under this Lease which has not been cured as permitted pursuant to Section 13.1, Lessor shall have the right, at Lessor’s option at right (without an election of remedies and without in any time that a way limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such default or breach under Event of Default) to do any one or more of the following: exercise all remedies available at law or equity including, without limitation, the bringing of an action for damages or an injunction on account of such default or Event of Default or for specific performance of this Lease, or: (1) With or without terminating this Lease, may take any reasonable action to remedy any failure of Lessee to comply with or perform this Lease, and may enter the Premises as necessary notwithstanding the foregoing notice requirement described in Section 9.1(a) or 9.1(b) remains uncured13.1, in the event of an emergency, to invoke provide Lessee with such notice as is reasonable thereof. Lessee shall reimburse Lessor on written demand for all costs so incurred, plus a reasonable charge to compensate Lessor for the dispute resolution procedures set forth in Section 11.23. Except as otherwise set forth in this Section 9.2, Lessor’s right to invoke the dispute resolution provisions set forth in Section 11.23 shall be Lessor’s sole and exclusive remedy under this Lease with respect to a default or breach under Section 9.1(a) or 9.1(b).additional administrative burden; (b2) Lessor shall have the rightTerminate this Lease, at Lessor’s option at any time that a default or breach under Section 9.1(c), 9.1(d) or 9.1(e) remains uncured, to terminate this Lease and Lessee’s right to possession of the Leased Premises, without further notice or demand, and to forthwith repossess the Leased Premises by any lawful means in which event Lessee shall immediately surrender possession of the Leased Premises to Lessor; , and any such action on the part of if Lessee fails to do so, Lessor shall be in addition may, without prejudice to any other remedy that which it may have for possession or arrearages in rent, enter upon (as applicable) and take possession of the Premises and expel or remove Lessee and any other person who may be available occupying the Premises or any part thereof, by force if necessary (and Lessee hereby waives any claim for loss or damage by reason of such reentry, repossession, or removal), in which event Lessee shall pay to Lessor upon demand the sum of (A) all Rent and other amounts accrued hereunder to the date of termination; (B) all amounts due under Section 13.2(b) below; and (C) damages in an amount equal to the total Rent that Lessee would have been required to pay for breach the remainder of contractthe Term discounted to present value at a discount rate reasonably designated by Lessor diminished by any net sums thereafter received by Lessor through reletting the Premises during said period; or (3) Terminate Lessee’s right of possession (but not this Lease), enter and repossess the Premises without further demand or notice of any kind to Lessee and without terminating this Lease, and remove all persons or property therefrom using such lawful force as may be necessary (and Lessee hereby waives any claim for loss or damage by reason of such reentry, repossession, or otherwiseremoval), in which event Lessee shall pay to Lessor upon demand (A) all Rent and other amounts accrued hereunder to the date of termination of possession; (B) all amounts due from time to time under Section 13.2(b) below; and (C) all Rent and other sums required hereunder to be paid by Lessee during the remainder of the Term as they become due, diminished by any net sums thereafter received by Lessor through reletting the Premises during said period. Reentry by Lessor in the Premises will not affect the obligations of Lessee hereunder for the unexpired Term. Lessor may bring action against Lessee to collect amounts due by Lessee on one or more occasions, without the necessity of Lessor's waiting until expiration of the Term. Notwithstanding any such reletting without termination, Lessor may at any time thereafter elect in writing to terminate this Lease for such previous breach. (b) Upon any Event of Default (after the expiration of any applicable notice and cure period), Lessee shall also pay to Lessor all necessary and reasonable costs and expenses incurred by Lessor, including court costs and reasonable attorneys' fees, in (i) retaking or otherwise obtaining possession of the right Premises; (ii) removing and storing Lessee's or any other occupant's property; (iii) repairing, restoring, altering, remodeling or otherwise returning the Premises into its original condition (normal wear and tear and casualty excepted); (iv) reletting all or any part of setoffthe Premises; (v) paying or performing the underlying obligation which Lessee failed to pay or perform; and (vi) enforcing any of Lessor 's rights or remedies arising as a consequence of the Event of Default. (c) IfAny self-help option granted to Lessor hereunder shall not release Lessee from its obligation to perform the terms, by the terms of provisions, covenants and conditions set forth in this Lease, Lessee is Lease and required to do be performed by Lessee hereunder. (d) The rights, remedies and recourses hereunder upon an Event of Default shall be cumulative and no right, remedy or perform recourse, whether or not exercised, shall be deemed to be in exclusion of any act other right, remedy, or recourse. (e) As described in Section 4.2 hereof, if Lessee fails to pay any sum to a third partyamount due hereunder, as and fails or refuses to do sowhen due, Lessor, after 30 days written notice to Lessee, without waiving any other right or remedy hereunder for such default, may do or perform such act, at Lessee’s expense, or pay such sum for the amount due and on behalf of Lessee, and the amounts so expended by Lessor unpaid shall be repayable on demand, and bear interest at the Interest Rate from the date expended by Lessor due until paid at a rate equal to the lesser of (i) an interest rate equal to the “Prime Rate” as published in The Wall Street Journal, Southwest Edition, in its listing of “Money Rates” plus five percent (5%) or (ii) the maximum non-usurious rate of interest permitted under applicable Law (the “Default Rate”)paid.

Lessor’s Remedies. (a) Lessor shall have In case of the rightnon-payment of the rent reserved hereby, at Lessor’s option at or any time that a default part thereof, or of the breach under Section 9.1(a) or 9.1(b) remains uncured, to invoke the dispute resolution procedures set forth in Section 11.23. Except as otherwise set forth of any covenant in this Section 9.2Lease contained, Lessor’s LESSEE'S right to invoke the dispute resolution provisions set forth in Section 11.23 shall be Lessor’s sole and exclusive remedy under this Lease with respect to a default or breach under Section 9.1(a) or 9.1(b). (b) Lessor shall have the right, at Lessor’s option at any time that a default or breach under Section 9.1(c), 9.1(d) or 9.1(e) remains uncured, to terminate this Lease and Lessee’s right to possession of the Leased Premises, without further notice or demandPremises thereupon shall terminate, and to forthwith repossess the mere retention of possession thereafter by LESSEE shall constitute a forcible detainer of the Leased Premises by any lawful means in which event Lessee Premises; and if the LESSOR so elects, but not otherwise, this Lease shall immediately thereupon terminate and upon the termination of LESSEE'S right of possession, as aforesaid, LESSEE shall surrender possession of the Leased Premises immediately, and LESSEE hereby grants to Lessor; LESSOR full free license to enter into and upon the Leased Premises or any part thereof, to take possession thereof and to expel and to remove LESSEE or any other person who may be occupying the Leased Premises or any part thereof and LESSOR may re-possess itself of the Leased Premises but such action on entry of the part Leased Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of Lessor shall rents due by virtue hereof, nor a waiver of any covenant, agreement or promise in this Lease contained to be performed by LESSEE. The acceptance of rent, whether in addition a single instance or repeatedly, after it falls due or after knowledge of any breach hereof by LESSEE or the giving or making of any notice or demand, whether according to any other remedy that may be available to Lessor for breach of contractstatutory provision or not, or otherwiseany act or series of acts except an express written waiver, including shall not be construed as a waiver of any right hereby given LESSOR or as an election not to proceed under the right of setoff. (c) If, by the terms provisions of this Lease. For the purpose of this paragraph, Lessee is required no default shall be deemed to do have occurred until said violation or perform any act or to pay any sum to a third party, breach has existed for ten (10) days and fails or refuses to do so, Lessor, LESSEE shall have fifteen (15) days after 30 days receipt of written notice from LESSOR of the violation or breach within which to Lessee, without waiving cure or correct the same. In the event LESSEE so cures any other right or remedy hereunder for such default, may do or perform such act, at Lessee’s expense, or pay such sum for default within said period this Lease shall remain in full force and on behalf of Lessee, and the amounts so expended by Lessor shall be repayable on demand, and bear interest from the date expended by Lessor until paid at a rate equal to the lesser of (i) an interest rate equal to the “Prime Rate” as published in The Wall Street Journal, Southwest Edition, in its listing of “Money Rates” plus five percent (5%) or (ii) the maximum non-usurious rate of interest permitted under applicable Law (the “Default Rate”)effect.

Lessor’s Remedies. In the event of default by Lessee hereunder which shall remain uncured after ten (10) days notice of the default, or five (5) days in the case of nonpayment of rent or any other sum due hereunder, with or without notice of default from Lessor, Lessor may at once thereafter or at any time subsequently during the existence of such breach or default: (1) enter into and upon the premises or any part thereof and repossess the same, expelling and removing therefrom all persons and property (which property may be removed and stored at the cost of, and for the account of Lessee), and (2) either (a) Lessor shall have the rightterminate this Lease, at Lessor’s option at any time that a default holding Lessee for damages for its breach or breach under Section 9.1(a) or 9.1(b) remains uncured, to invoke the dispute resolution procedures set forth in Section 11.23. Except as otherwise set forth in this Section 9.2, Lessor’s right to invoke the dispute resolution provisions set forth in Section 11.23 shall be Lessor’s sole and exclusive remedy under this Lease with respect to a default or breach under Section 9.1(a) or 9.1(b). (b) without terminating this Lease, re-let the premises or any part thereof upon such terms and conditions as shall appear advisable to Lessor. If Lessor shall have proceed in accordance with the right, at Lessor’s option at any time that a default or breach under Section 9.1(clast-mentioned alternative (b), 9.1(d) or 9.1(e) remains uncured, to terminate this Lease and Lessee’s right to possession the amounts received from re-letting of the Leased Premises, without further notice premises during any month or demand, and to forthwith repossess the Leased Premises by any lawful means in which event Lessee shall immediately surrender possession of the Leased Premises to Lessor; and any such action on the part of Lessor thereof shall be in addition to any other remedy that may be available to Lessor for breach of contract, less than the rent due and owing from Lessee during such month or otherwise, including the right of setoff. (c) If, by part thereof under the terms of this Lease, Lessee is required shall pay such deficiency to do or perform Lessor immediately upon calculation thereof. Notwithstanding the foregoing, any act or default (except failure to pay any sum to a third party, and fails rent or refuses to do so, Lessor, after 30 days written notice to Lessee, without waiving any other right or remedy hereunder for such default, may do or perform such act, at amount due hereunder) the curing of which shall actually require more than ten (10) days because of any cause beyond Lessee’s expensecontrol, or pay such sum for and on behalf of Lessee, and the amounts so expended by Lessor shall be repayable on demand, deemed cured by Lessee if Lessee shall have commenced to cure said default within the ten (10) day period and bear interest from shall thereafter have successfully prosecuted the date expended by Lessor until paid at a rate equal to the lesser curation of (i) an interest rate equal to the “Prime Rate” as published in The Wall Street Journal, Southwest Edition, in its listing of “Money Rates” plus five percent (5%) or (ii) the maximum non-usurious rate of interest permitted under applicable Law (the “Default Rate”)said default with all due diligence.

Lessor’s Remedies. (a) In the event of any such material default under or material breach of the terms of this Lease by any Lessee, Lessor shall have the rightmay, at Lessor’s option option, at any time thereafter that a such default or breach under Section 9.1(a) or 9.1(b) remains uncured, to invoke the dispute resolution procedures set forth in Section 11.23. Except as otherwise set forth in this Section 9.2, Lessor’s right to invoke the dispute resolution provisions set forth in Section 11.23 shall be Lessor’s sole and exclusive remedy under this Lease with respect to a default or breach under Section 9.1(a) or 9.1(b). (b) Lessor shall have the right, at Lessor’s option at any time that a default or breach under Section 9.1(c), 9.1(d) or 9.1(e) remains uncured, to terminate this Lease and Lessee’s right to possession of the Leased Premises, without further notice or demand, terminate this Lease and Lessees’ right to possession of the Premises and forthwith repossess the Leased Premises by any lawful means in which event Lessee Lessees shall immediately surrender possession of the Leased Premises to Lessor; and any such action on the part of Lessor shall be in addition to any other remedy that may be available to Lessor for arrears of Rent or breach of contract, or otherwise, including the right of setoff. (cb) If, by the terms of this Lease, any Lessee is required to do or perform any act or to pay any sum to a third party, and fails or refuses to do so, Lessor, after 30 days written notice to such Lessee, without waiving any other right or remedy hereunder for such default, may do or perform such act, at such Lessee’s expense, or pay such sum for and on behalf of such Lessee, and the amounts so expended by Lessor shall be repayable on demand, and bear interest from the date expended by Lessor until paid at a rate equal to the lesser of (i) an interest rate equal to the “Prime Rate” as published in The Wall Street Journal, Southwest Edition, in its listing of “Money Rates” plus five two percent (52%) or (ii) the maximum non-usurious rate of interest permitted to be charged such Lessee under applicable Law (the “Default Post-Maturity Rate”). Past due Rent and any other past due payments required hereunder shall bear interest from maturity until paid at the Post-Maturity Rate.

Lessor’s Remedies. (a) In the event of any such material default under or material breach of the terms of this Lease by Lessee, Lessor shall have the rightmay, at Lessor’s option option, at any time thereafter that a such default or breach under Section 9.1(a) or 9.1(b) remains uncured, to invoke the dispute resolution procedures set forth in Section 11.23. Except as otherwise set forth in this Section 9.2without further notice or demand, Lessor’s right to invoke the dispute resolution provisions set forth in Section 11.23 shall be Lessor’s sole and exclusive remedy under this Lease with respect to a default or breach under Section 9.1(a) or 9.1(b). (b) Lessor shall have the right, at Lessor’s option at any time that a default or breach under Section 9.1(c), 9.1(d) or 9.1(e) remains uncured, to terminate this Lease and Lessee’s right to possession of the Leased Premises, without further notice or demand, Premises and to forthwith repossess the Leased Premises by any lawful means in which event Lessee shall immediately surrender possession of the Leased Premises to Lessor; and any such action on the part of Lessor shall be in addition to any other remedy that may be available to Lessor for arrears of Rent or breach of contract, or otherwise, including the right of setoff. (cb) If, by the terms of this Lease, Lessee is required to do or perform any act or to pay any sum to a third partyThird Party, and fails or refuses to do so, Lessor, after 30 days written notice to Lessee, without waiving any other right or remedy hereunder for such default, may do or perform such act, at Lessee’s expense, or pay such sum for and on behalf of Lessee, and the amounts so expended by Lessor shall be repayable on demand, and bear interest from the date expended by Lessor until paid at a rate equal to the lesser of (i) an interest rate equal to the “Prime Rate” as published in The Wall Street Journal, Southwest Edition, in its listing of “Money Rates” plus five two percent (52%) or (ii) the maximum non-usurious rate of interest permitted to be charged Lessee under applicable Law (the “Default Post-Maturity Rate”). Past due Rent and any other past due payments required hereunder shall bear interest from maturity until paid at the Post-Maturity Rate.

Lessor’s Remedies. (a) In the event of any such material default under or material breach of the terms of this Lease by Lessee, Lessor shall have the rightmay, at Lessor’s option option, at any time thereafter that a such default or breach under Section 9.1(a) or 9.1(b) remains uncured, to invoke the dispute resolution procedures set forth in Section 11.23. Except as otherwise set forth in this Section 9.2without further notice or demand, Lessor’s right to invoke the dispute resolution provisions set forth in Section 11.23 shall be Lessor’s sole and exclusive remedy under this Lease with respect to a default or breach under Section 9.1(a) or 9.1(b). (b) Lessor shall have the right, at Lessor’s option at any time that a default or breach under Section 9.1(c), 9.1(d) or 9.1(e) remains uncured, to terminate this Lease and Lessee’s right to possession of the Leased Premises, without further notice or demand, Premises and to forthwith repossess the Leased Premises by any lawful means in which event Lessee shall immediately surrender possession of the Leased Premises to Lessor; and any such action on the part of Lessor shall be in addition to any other remedy that may be available to Lessor for arrears of Rent or breach of contract, or otherwise, including the right of setoff. (cb) If, by the terms of this Lease, Lessee is required to do or perform any act or to pay any sum to a third partyа Third Party, and fails or refuses to do so, Lessor, after 30 days written notice to Lessee, without waiving any other right or remedy hereunder for such default, may may, but shall not be obligated to, do or perform such act, at Lessee’s expense, or pay such sum for and on behalf of Lessee, and the amounts so expended by Lessor shall be repayable on demand, and bear interest from the date expended by Lessor until paid at a а rate equal to the lesser of (i) an interest rate equal to the “Prime Rate” as published in The Wall Street Journal, Southwest Edition, in its listing of “Money Rates” Rate plus five percent (5%) 2% or (ii) the maximum non-usurious rate of interest permitted to be charged Lessee under applicable Applicable Law (the “Default Post-Maturity Rate”). Past due Rent and any other past due payments required hereunder shall bear interest from the date of delinquency until paid at the Post-Maturity Rate.

Lessor’s Remedies. Upon the occurrence of an Event of Default, the Lessor shall have the following non-exclusive rights: (a) Lessor, at its option, shall have the right to: (i) cancel and terminate this Lease, as well as all of the rights, title and interest of Lessee hereunder by giving to Lessee and Lender written notice of such cancellation and termination, and upon the giving of such notice, this Lease and the Lease Term, as well as all of the right, title and interest of Lessee hereunder shall expire in the same manner and with the same force and effect, except as to Lessee's liability, as if the date upon which such notice is given was the last day of the Lease Term, or (ii) terminate Lessee's right to possession by giving to Lessee written notice thereof, upon the receipt of which Lessee shall peaceably and promptly vacate the Premises. (b) Lessor, at its option, may, but shall not be obligated to, make any payment required of Lessee herein or comply with any agreement, term, covenant or condition, required hereby to be performed by Lessee and the amount so paid, together with interest thereon at the Default Rate, from the date of such payment by Lessor, shall be deemed to be additional rent hereunder payable by Lessee and collectible as such by Lessor with the next succeeding monthly installment of rent. (c) Lessor shall have the right, at Lessor’s option at right to enter the Premises for the purpose of correcting or remedying any time that a such default but neither any such expenditure nor any such performance by Lessor shall be deemed to waive or release Lessee's default or breach under Section 9.1(a) or 9.1(b) remains uncured, the right of Lessor to invoke take such action as may be otherwise permissible hereunder in the dispute resolution procedures set forth in Section 11.23. Except as otherwise set forth in this Section 9.2, Lessor’s right to invoke the dispute resolution provisions set forth in Section 11.23 shall be Lessor’s sole and exclusive remedy under this Lease with respect to a default or breach under Section 9.1(a) or 9.1(b)case of such default. (bd) Lessor shall have the right, at Lessor’s option at any time that a default or breach under Section 9.1(c), 9.1(d) or 9.1(e) remains uncured, to terminate this Lease all rights and Lessee’s right to possession of the Leased Premises, without further notice or demand, and to forthwith repossess the Leased Premises by any lawful means in which event Lessee shall immediately surrender possession of the Leased Premises to Lessor; and any such action on the part of Lessor shall be in addition to any other remedy that may be remedies available to a Lessor for breach of contract, or otherwise, including the right of setoff. (c) If, by the terms of this Lease, Lessee is required to do or perform any act or to pay any sum to a third party, and fails or refuses to do so, Lessor, after 30 days written notice to Lessee, without waiving any other right or remedy hereunder for such default, may do or perform such act, at Lessee’s expense, or pay such sum for and on behalf of Lessee, and the amounts so expended by Lessor shall be repayable on demand, and bear interest from the date expended by Lessor until paid at a rate equal to the lesser of (i) an interest rate equal to the “Prime Rate” as published in The Wall Street Journal, Southwest Editionlaw, in its listing of “Money Rates” plus five percent (5%) or (ii) equity and under the maximum non-usurious rate of interest permitted under applicable Law (the “Default Rate”)Uniform Commercial Code.

Lessor’s Remedies. In the event that: a. Lessee shall on three or more occasions be in default in the payment of rent or other charges herein required to be paid by Lessee (default herein being defined as payment received by Lessor fifteen or more days subsequent to the due date), regardless of whether or not such default has occurred on consecutive or non-consecutive months; or b. Lessee has caused a lien to be filed against the Lessor's property and said lien is not removed within thirty (30) days of recordation thereof; or c. Lessee shall default in the observance or performance of any of the covenants and agreements required to be performed and observed by Lessee hereunder for a period of thirty (30) days after notice to Lessee in writing of such default (or if such default shall reasonably take more than thirty (30) days to cure, Lessee shall not have commenced the same within the thirty (30) days and diligently prosecuted the same to completion); or d. Sixty (60) days have elapsed after the commencement of any proceeding by or against Lessee, whether by the filing of a petition or otherwise, seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present or future Federal Bankruptcy Act or any other present or future applicable federal, state or other statute or law, whereby such proceeding shall not have been dismissed (provided, however, that the non-dismissal of any such proceeding shall not be a default hereunder so long as all of Lessee's covenants and obligations hereunder are being performed by or on behalf of Lessee); then Lessor shall be entitled to its election (unless Lessee shall cure such default prior to such election), to exercise concurrently or successively, any one or more of the following rights: i.. Terminate this Lease by giving Lessee notice of termination, in which event this Lease shall expire and terminate on the date specified in such notice of termination, with the same force and effect as though the date so specified were the date herein originally fixed as the termination date of the term of this Lease, and all rights of Lessee under this Lease and in and to the Premises shall expire and terminate, and Lessee shall remain liable for all obligations under this Lease arising up to the date of such termination, and Lessee shall surrender the Premises to Lessor on the date specified in such notice; or ii. Terminate this Lease as provided herein and recover from Lessee all damages Lessor may incur by reason of Lessee's default, including, without limitation, a sum which, at the date of such termination, represents the then value of the excess, if any, of (a) the Minimum Rent, Percentage Rent, Taxes and all other sums which would have been payable hereunder by Lessee for the period commencing with the day following the date of such termination and ending with the date herein before set for the expiration of the full term hereby granted, over (b) the aggregate reasonable rental value of the Premises for the same period, all of which excess sum shall be deemed immediately due and payable; or iii. Without terminating this Lease, declare immediately due and payable all Minimum Rent, Taxes, and other rents and amounts due and coming due under this Lease for the entire remaining term hereof, together with all other amounts previously due, at once; provided, however, that such payment shall not be deemed a penalty or liquidated damages but shall merely constitute payment in advance of rent for the remainder of said term. Upon making such payment, Lessee shall be entitled to receive from Lessor all rents received by Lessor from other assignees, Lessees, and subLessees on account of said Premises during the term of this Lease, provided that the monies to which Lessee shall have so become entitled shall in no event exceed the rightentire amount actually paid by Lessee to Lessor pursuant to the preceding sentence less all costs, expenses and attorney's fees of Lessor incurred in connection with the re-letting of the Premises; or iv. Without terminating this Lease, and with or without notice to Lessee, Lessor may in its own name but as agent for Lessee enter into and upon and take possession of the Premises or any part thereof, and, at Lessor’s option 's option, remove persons and property therefrom, and such property, if any, may be removed and stored in a warehouse or elsewhere at the cost of, and for the account of Lessee, all without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby, and Lessor may rent the Premises or any portion thereof as the agent of Lessee with or without advertisement, and by private negotiations and for any term upon such terms and conditions as Lessor may deem necessary or desirable in order to re-let the Premises. Lessor shall in no way be responsible or liable for any rental concessions or any failure to rent the Premises or any part thereof, or for any failure to collect any rent due upon such re-letting. Upon such re-letting, all rentals received by Lessor from such re-letting shall be applied: first, to the payment of any indebtedness (other than any rent due hereunder) from Lessee to Lessor; second, to the payment of any costs and expenses of such re- letting, including, without limitation, brokerage fees and attorney's fees and costs of alterations and repairs; third, to the payment of rent and other charges then due and unpaid hereunder; and the residue, if any shall be held by Lessor to the extent of and for application in payment of future rent as the same may become due and payable hereunder. In re-letting the Premises as aforesaid, Lessor may grant rent concessions and Lessee shall not be credited therefore. If such rentals received from such re-letting shall at any time that a default or breach under Section 9.1(a) or 9.1(b) remains uncuredfrom time to time be less than sufficient to pay to Lessor the entire sums then due from Lessee hereunder, Lessee shall pay any such deficiency to invoke the dispute resolution procedures set forth in Section 11.23Lessor. Except as otherwise set forth in this Section 9.2, Lessor’s right to invoke the dispute resolution provisions set forth in Section 11.23 shall be Lessor’s sole and exclusive remedy under this Lease with respect to a default or breach under Section 9.1(a) or 9.1(b). (b) Lessor shall have the rightSuch deficiency shall, at Lessor’s option at any time that a default or breach under Section 9.1(c)'s option, 9.1(d) or 9.1(e) remains uncured, be calculated and paid monthly. No such re-letting shall be construed as an election by Lessor to terminate this Lease unless a written notice of such election has been given to Lessee by Lessor. Notwithstanding any such re-letting without termination, Lessor may at any time thereafter elect to terminate this Lease for any such previous default provided same has not been cured; or v. Without liability to Lessee or any other party and Lessee’s right without constituting a constructive or actual eviction, suspend or discontinue furnishing or rendering to Lessee any property, material, labor, Utilities or other service, whether Lessor is obligated to furnish or render the same, so long as Lessee is in default under this Lease; or vi. Allow the Premises to remain unoccupied and collect rent from Lessee as it comes due; or vii. Foreclose the security interest described herein, including the immediate taking of possession of all property on or in the Leased Premises; or viii. Pursue such other remedies as are available at law or equity. x. Xxxxxx'x pursuit of any remedy of remedies, including without further notice limitation, any one or demand, and to forthwith repossess the Leased Premises by any lawful means in which event Lessee shall immediately surrender possession more of the Leased Premises to Lessor; and any such action on the part remedies stated herein shall not (1) constitute an election of Lessor shall be in addition to remedies or preclude pursuit of any other remedy that may be available to Lessor for breach of contractor remedies provided in this Lease or any other remedy or remedies provided by law or in equity, separately or concurrently or in any combination, or otherwise(2) sever as the basis for any claim of constructive eviction, including the right of setoff. (c) If, by the terms of or allow Lessee to withhold any payments under this Lease, Lessee is required to do or perform any act or to pay any sum to a third party, and fails or refuses to do so, Lessor, after 30 days written notice to Lessee, without waiving any other right or remedy hereunder for such default, may do or perform such act, at Lessee’s expense, or pay such sum for and on behalf of Lessee, and the amounts so expended by Lessor shall be repayable on demand, and bear interest from the date expended by Lessor until paid at a rate equal to the lesser of (i) an interest rate equal to the “Prime Rate” as published in The Wall Street Journal, Southwest Edition, in its listing of “Money Rates” plus five percent (5%) or (ii) the maximum non-usurious rate of interest permitted under applicable Law (the “Default Rate”).

Lessor’s Remedies. (a) Lessor shall have Upon default hereunder by Xxxxxx, Xxxxxx has the right, at Lessor’s option at any time that a default or breach under Section 9.1(a) or 9.1(b) remains uncured, to invoke the dispute resolution procedures set forth in Section 11.23. Except as otherwise set forth in this Section 9.2, Lessor’s right to invoke the dispute resolution provisions set forth in Section 11.23 shall be Lessor’s sole and exclusive remedy under this Lease with respect to a default or breach under Section 9.1(a) or 9.1(b). (b) Lessor shall have the right, at Lessor’s option at any time that a default or breach under Section 9.1(c), 9.1(d) or 9.1(e) remains uncured, to terminate this Lease and Lessee’s right to possession of the Leased Premises, without further notice or demand, and to forthwith repossess the Leased Premises by any lawful means in which event Lessee shall immediately surrender possession of the Leased Premises to Lessor; and any such action on the part of Lessor shall be following remedies in addition to any all other remedy that may be available to Lessor for breach of contract, rights and remedies provided by law or otherwise, including the right of setoff. (c) If, by the terms equity or under other provisions of this Lease, to which Lessor may resort cumulatively or in the alternative: Lessor may, at Lessor's election, terminate this Lease by giving Xxxxxx notice of termination. On the giving of the notice, all of Xxxxxx's rights in the Premises and in all Improvements shall terminate. Promptly after notice of termination, Xxxxxx shall surrender and vacate the Premises and all Improvements and Lessor may reenter and take possession of the Premises and all Improvements and eject all parties in possession or eject some and not others or eject none. Termination under this Section 17.02.a. shall not relieve Lessee is required to do or perform any act or to pay from the payment of any sum then due to a third partyLessor or from any claim for damages previously accrued or then accruing against Lessee. Lessor may, at Lessor's election, reenter the Premises, and, without terminating this Lease, at any time and from time to time relet the Premises and Improvements or any part or parts of them for the account and in the name of Lessee or otherwise. Lessor may, at Lessor's election, eject all persons or eject some and not others or eject none. Lessor shall apply all rents from reletting, if any, first to the reasonable costs and expenses incurred by Lessor in reletting the Premises, then to the reasonable costs and expenses incurred by Lessor in operating and maintaining the Improvements, and fails or refuses then to do so, rents and other sums payable by Lessee to Lessor, after 30 days written notice with the balance being paid to Lessee. Any reletting may be for the remainder of the Term or for a longer or shorter period. Lessor may execute any leases made under this provision either in Lessor's name or in Xxxxxx's name and shall be entitled to all rents from the use, without waiving any other right operation or remedy hereunder for such default, may do occupancy of the Premises or perform such act, at Lessee’s expense, Improvements or pay such sum for and both. No act by or on behalf of Lessee, and the amounts so expended by Lessor under this provision shall constitute a termination of this Lease unless Xxxxxx gives notice of termination. Nothing contained herein shall be repayable deemed to place any obligation on demand, and bear interest from Lessor to relet the date expended by Lessor until paid at a rate equal to the lesser of (i) an interest rate equal to the “Prime Rate” as published in The Wall Street Journal, Southwest Edition, in its listing of “Money Rates” plus five percent (5%) or (ii) the maximum non-usurious rate of interest permitted under applicable Law (the “Default Rate”)Premises.

Lessor’s Remedies. (a) Upon the occurrence of any of the events described in Section 10.1, (i) Lessor shall have the rightmay, at Lessor’s option option, at any time thereafter that a such default or breach under Section 9.1(a) or 9.1(b) remains uncured, to invoke the dispute resolution procedures set forth in Section 11.23. Except as otherwise set forth in this Section 9.2without further notice or demand, Lessor’s right to invoke the dispute resolution provisions set forth in Section 11.23 shall be Lessor’s sole and exclusive remedy under this Lease with respect to a default or breach under Section 9.1(a) or 9.1(b). (b) Lessor shall have the right, at Lessor’s option at any time that a default or breach under Section 9.1(c), 9.1(d) or 9.1(e) remains uncured, to terminate this Asset Lease and Lessee’s right to possession of the Leased Premises, without further notice or demand, RDU Assets and to any Additional Improvements and forthwith repossess the Leased Premises Premises, RDU Assets and any Additional Improvements by any lawful means in which event Lessee shall immediately surrender possession of the Leased Premises Premises, RDU Assets and any Additional Improvements to Lessor; Lessor and (ii) if Lessor terminates this Asset Lease as provided in foregoing clause (i) during the Initial Term, all Lease Payments for the balance of the Initial Term shall immediately become due and payable, and (iii) any such action in foregoing clause (i) or (ii) on the part of Lessor shall be in addition to any other remedy that may be available to Lessor for arrears of Lease Payments, or breach of contract, or otherwise, including the right of setoff. (cb) If, by the terms of this Asset Lease, Lessee is required to do or perform any act or to pay any sum to a third party, and fails or refuses to do so, Lessor, after 30 thirty (30) days written notice to Lessee, without waiving any other right or remedy hereunder for such default, may do or perform such act, at Lessee’s expense, or pay such sum for and on behalf of Lessee, and the amounts so expended by Lessor shall be repayable on demand, and bear interest from the date expended by Lessor until paid at a rate equal to the lesser of (i) an interest rate equal to the “Prime Rate” as published in The Wall Street Journal, Southwest Edition, in its listing of “Money Rates” plus five two percent (52%) or (ii) the maximum non-usurious rate of interest permitted under applicable Law (the “Default Rate”). Past due Lease Payments and any other past due payments required hereunder shall bear interest from maturity until paid at the Default Rate.

Lessor’s Remedies. In the event of (ai) a default under this Lease by Lessee pursuant to Section 9.1(c) or 9.1(d), (ii) if Lessor shall have makes the rightLD Payment, or (iii) if Lessee has not operated the Refinery for six consecutive months for any reason other than due to Force Majeure or during periods of reconstruction due to casualty or condemnation which is being performed in compliance with this Agreement, Lessor may, at Lessor’s option option, at any time thereafter that a such default or breach under Section 9.1(a) or 9.1(b) remains uncured, to invoke the dispute resolution procedures set forth in Section 11.23. Except as otherwise set forth in this Section 9.2without further notice or demand, Lessor’s right to invoke the dispute resolution provisions set forth in Section 11.23 shall be Lessor’s sole and exclusive remedy under this Lease with respect to a default or breach under Section 9.1(a) or 9.1(b). (b) Lessor shall have the right, at Lessor’s option at any time that a default or breach under Section 9.1(c), 9.1(d) or 9.1(e) remains uncured, to terminate this Lease and Lessee’s right to possession of the Leased Premises, without further notice or demand, Premises and to forthwith repossess the Leased Premises by any lawful means in which event Lessee shall immediately surrender possession of the Leased Premises to LessorLessor (but only in the case of Section 9.1(c) or 9.1(d) or if Lessor makes the LD Payment, or if Lessee has not operated the Refinery for six consecutive months for any reason other than due to Force Majeure or during periods of reconstruction due to casualty or condemnation which is being performed in compliance with this Agreement). Lessor specifically waiving its right to terminate this Lease or Lessee’s right to possession hereunder otherwise); and any such action on the part of Lessor shall be in addition to any other remedy that may be available to Lessor for arrears of rentals or breach of contract, contract or otherwise, otherwise including the right of setoff. . The written declaration by Lessor of a default under or breach of the terms of this Lease by Lessee under Sections 9.1(a) or (cb) shall also constitute a written notice pursuant to Section 12.9(b) invoking the dispute resolution procedures. In connection with a default or breach by Lessee under Sections 9.1(a) or (b), pending the completion of the dispute resolution procedures set forth in Section 12.9, (a) Lessor shall not exercise any remedies, except as otherwise set forth in this Section 9.2 or in Section 12.9, and (b) neither Party may terminate this Lease. Each Party shall have an obligation to use commercially reasonable efforts to mitigate damages arising out of breach by the other Party of this Lease. If, by the terms of this Lease, Lessee is required to do or perform any act or to pay any sum to a third party, and fails or refuses to do so, Lessor, after 30 10 days written notice to Lessee, without waiving any other right or remedy hereunder for such default, may do or perform such act, at Lessee’s expense, or pay such sum for and on behalf of Lessee, and the amounts so expended by Lessor shall be repayable on demand, and bear interest from the date expended by Lessor until paid at a rate equal to the lesser of (ia) an interest the prime rate equal to the “Prime Rate” as published in by The Wall Street Journal, Southwest Edition, Journal from time to time in its listing of “Money Rates” plus five percent (5%) effect or (iib) the maximum non-usurious rate of interest permitted to be charged Lessee under applicable Law (the “Default Post-Maturity Rate”). Past due rentals and any other past due payments required hereunder shall bear interest from maturity until paid at the Post-Maturity Rate.

Lessor’s Remedies. All rights and remedies of the Lessor herein enumerated shall be cumulative, and none shall exclude any other right or remedy allowed by law or in equity. In addition to the other remedies provided in this Lease, the Lessor shall be entitled to the restraint by injunction without bond of the violation or attempted violation of any of the covenants, agreements or conditions of this Lease. (a) If the Lessee shall: (i) apply for a consent to the appointment of a receiver or trustee of the Lessee or of all or a substantial part of its assets; (ii) file a voluntary petition in bankruptcy or admit in writing its inability to pay its debts as they come due; (iii) make a general assignment for the benefit of creditors; (iv) file a petition or an answer seeking reorganization or arrangement with creditors or to take advantage of an insolvency law; or (v) file an answer admitting the material allegations of a petition filed against the Lessee in any bankruptcy, reorganization or insolvency proceeding, or if an order, judgment or decree shall be entered by any court of competent jurisdiction adjudicating the Lessee a bankrupt or insolvent or approving a petition seeking reorganization of the Lessee or appointing a receiver or trustee of the Lessee or of all or a substantial part of its assets, then in any of such events, the Lessor shall have may give to the Lessee a notice of intention to end the term of this Lease specifying a day not earlier than ten (10) days thereafter, and upon the giving of such notice the term of this Lease and all right, at Lessor’s option at any time title and interest of the Lessee hereunder shall expire as fully and completely on the day so specified as if that a default or breach under Section 9.1(a) or 9.1(b) remains uncured, to invoke day were the dispute resolution procedures set forth in Section 11.23. Except as otherwise set forth in this Section 9.2, Lessor’s right to invoke date herein specifically fixed for the dispute resolution provisions set forth in Section 11.23 shall be Lessor’s sole and exclusive remedy under this Lease with respect to a default or breach under Section 9.1(a) or 9.1(b)expiration of the term. (b) If Lessee fails to pay any installment of Base Rent or Additional Rent within five days after the same is due, Lessee shall pay Lessor shall have the right, at a charge of Two Hundred Fifty and 00/100 Dollars ($250.00) to defer Lessor’s option additional administrative costs associated with the same. Lessee shall pay in addition to the Two Hundred Fifty and 00/100 Dollars ($250.00) charge described in the immediately preceding sentence, interest on the unpaid installment(s) of Base Rent and/or Additional Rent at any time that Four Percent (4%) over the Prime Rate of Interest as described within the Wall Street Journal or the maximum amount allowed by law (if such a default or breach under Section 9.1(climitation does so exist), 9.1(dwhichever is greater, from the date such installment(s) was due. If Lessee fails to pay Base Rent or 9.1(eAdditional Rent within thirty (30) remains uncureddays of the date the same is due, or in the event Lessee fails to cure any other default in this Lease within thirty (30) days after receipt of notice to cure the same (or if such default cannot be so cured in thirty (30) days, Lessee fails to commence to cure the same and prosecute such cure continuously to completion), then Lessor may terminate this Lease and or terminate Lessee’s right possession under the Lease without terminating the Lease and endeavor to possession relet the same. Nothing herein shall relieve Lessee of the Leased Premises, without further notice its obligation to pay Base Rent or demand, and to forthwith repossess the Leased Premises by any lawful means in which event Lessee shall immediately surrender possession of the Leased Premises to Lessor; and any such action on the part of Lessor shall be in addition to any other remedy that may be available to Lessor for breach of contract, or otherwise, including the right of setoffAdditional Rent. (c) If, by the terms Upon termination of this Lease, Lessee is required shall surrender the Premises and deliver possession thereof to do Lessor. If Lessee fails to vacate the Premises, Lessor may obtain possession of the Premises in the manner provided or perform any act allowed by law. (d) If the Lessor elects, without terminating the Lease, to endeavor to relet the Premises, the Lessor may, at the Lessor’s option, enter into the Premises, remove the Lessee’s signs and other evidence of tenancy, and take and hold possession thereof as provided in Paragraph (c) of this Section provided, without such entry and possession terminating the Lease or releasing the Lessee in whole or in part, from the Lessee’s obligation to pay any sum to a third party, the Base Rent and fails or refuses to do so, Lessor, after 30 days written notice to Lessee, without waiving any other right or remedy Additional Rent hereunder for the full term as hereinafter provided. Upon and after entry into possession without termination of the Lease, the Lessor may relet the Premises or any part thereof for the account of the Lessee at the fair market rents for which there shall exist for the purpose of establishing the same a rebuttable presumption that the rents as agreed to by Lessor upon such defaultre-rental of the Premises are, may do or perform in fact, fair market rents (it being the intent of the later portion of this sentence to place the burden on the defaulting Lessee to establish that the rents as agreed to by the non-defaulting Lessor are not fair market rentals, rather than placing the burden on the non-defaulting Lessor to establish that the same fair market rents). If the rents collected by Lessor upon such actreletting are not sufficient to pay monthly the full amount of the Base Rent and Additional Rent due hereunder plus the costs of reletting the same, at Lessee’s expenseincluding advertising, or pay such sum for and on behalf of Lesseeleasing commissions, attorney fees and the amounts so expended by costs of retrofitting the tenant improvements, Lessee shall pay to Lessor the amount of the deficiency in full on demand. (e) If the Lessor elects to terminate the Lease, the Lessor shall be repayable on demand, entitled to immediately accelerate and bear interest forthwith recover as damages the aggregate Base Rent and Additional Rent provided for in the Lease. (f) Any property of Lessee not removed from the date expended Premises within thirty (30) days after the Premises are vacated by Lessee shall be deemed abandoned by Lessee and may be retained by Lessor until paid as its property or disposed of in such manner as Lessor may see fit. Any and all property removed by Lessor by authority of this Lease or law which belongs to Lessee shall be removed and/or stored at a rate equal to the lesser risk and expense of (i) an interest rate equal to the “Prime Rate” as published in The Wall Street Journal, Southwest Edition, in its listing of “Money Rates” plus five percent (5%) or (ii) the maximum non-usurious rate of interest permitted under applicable Law (the “Default Rate”)Lessee.

Lessor’s Remedies. If default shall be made in the payment of the rent or any installment thereof, or in the payment of any other sum required to be paid by Lessee under the lease, or any other agreement between Lessor and Lessee, and such default shall continue for one (1) day, or if default shall be made in the performance of any of the other covenants or conditions which Lessee is required to observe and perform hereunder and such default shaH continue for ten (10) days after written notice thereof to Lessee, ( except in the case of unpaid rent, where no notice is required) or if the interest of the Lessee in this lease shall be levied on under execution of other legal process, or if any petition shall be filed by or against Lessee to declare Lessee bankrupt, or to delay, reduce or modify Lessee's debts or obligations or if any petition shall be filed or other actions taken to reorganize or modify Lessee's capital structure, or if any assignment of Lessee's property shall be made for the benefit of creditors, or if a receiver or trustee is appointed for Lessee or his property, or if Lessee shall abandon or vacate premises during the term of this lease, then Lessors may treat the occurrence of any or more of the foregoing events as a breach of this lease, and thereupon at his option may, without notice or demand of any kind to Lessee or another person, have anyone or more of the following described remedies, in addition to all other rights and remedies provided at law or equity. (a) Lessor shall have Lessors may re-enter the rightpremises with or without process or law, at Lessor’s option change the locks on the premises, and take possession of the same and of all equipment, fixtures and property of Lessee therein and expel or remove Lessee and all other parties occupying the premises, using such force as may be reasonably necessary to do so, without being liable to any prosecution for such re-entry or for the use of such force and without terminating this lease, and may at any time that a default and from time to time re-rent the premises or breach under Section 9.1(a) or 9.1(b) remains uncuredany part thereof for the account of the Lessee, to invoke the dispute resolution procedures set forth in Section 11.23. Except for such term, upon such conditions and at such rental rate as otherwise set forth in this Section 9.2, Lessor’s right to invoke the dispute resolution provisions set forth in Section 11.23 shall be Lessor’s sole and exclusive remedy under this Lease with respect to a default or breach under Section 9.1(a) or 9.1(b)Lessors may deem proper. (b) Lessor shall have the right, at Lessors may give written notice to Lessee of Lessor’s option at any time that a default or breach under Section 9.1(c), 9.1(d) or 9.1(e) remains uncured, 's election to terminate this Lease lease, re-enter the premises with or without process of law, change the locks and Lessee’s right to take possession of the Leased Premisessame, using such force as may be reasonable necessary to do so, without further notice being held liable for such re-entry or demandfor the use of such force. In such an event, and Lessors shall thereupon be entitled to forthwith repossess recover from Lessee, the Leased Premises by any lawful means in which event Lessee shall immediately surrender possession worth at the time of such termination, of the Leased Premises excess, if any, of the rent and other charges required to Lessor; and any such action on be paid by Lessee hereunder for the part balance of Lessor shall be in addition to any other remedy that may be available to Lessor the term hereof (if this lease has not been so terminated) over the then reasonable rental value of the premises for breach of contract, or otherwise, including the right of setoffsame period. (c) If, by Lessor may re-enter the terms of this Lease, Lessee is required to do or perform any act or to pay any sum to a third partypremises, and fails or refuses take possession of the same and of all equipment, fixtures and property of Lessee therein and remove Lessee and all other parties occupying the premises, using such force as may be reasonably necessary to do so, Lessorwithout being liable to any prosecution for such re-entry or for use of such force and without terminating this lease, after 30 days written notice and may at any time and from time to time re-Iet the premises or any part thereof for the account of the Lessee, without waiving any other right or remedy hereunder for such defaultterm, upon such conditions and at such rental rate as Lessor may do or perform deem proper. In such actevent, Lessor may, at Lessee’s expensehis option, or pay elect to declare the entire rent payable during the term of this lease immediately due and payable, less any sums previously paid by lessee, in which case lessor shall be entitled to judgment in any court of competent jurisdiction and for such sum amount, provided, however, that lessor from any re renting and promptly reimburse lessee for and on behalf of Lesseesuch amounts if lessee has paid in full the amount due lessor hereunder, and the if payment has not been made, credit lessee on its judgment for such amounts so expended received by Lessor shall be repayable on demand, and bear interest from the date expended by Lessor until paid at a rate equal to the lesser of (i) an interest rate equal to the “Prime Rate” as published in The Wall Street Journal, Southwest Edition, in its listing of “Money Rates” plus five percent (5%) or (ii) the maximum non-usurious rate of interest permitted under applicable Law (the “Default Rate”)lessor.

Lessor’s Remedies. All rights and remedies of the Lessor herein enumerated shall be cumulative, and none shall exclude any other right or remedy allowed by law. (a) If any voluntary or involuntary petition or similar pleading under any section or sections of any bankruptcy act shall be filed by or against the Lessee, or any voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare the Lessee insolvent or unable to pay the Lessee's debts, and in the case of an involuntary petition or proceeding, the petition or proceeding is not dismissed within thirty days from the date it is filed, the Lessor may elect, but is not required, and with or without notice of such election, and with or without entry or other action by the Lessor, to forthwith terminate this Lease, and, notwithstanding any other provision of this Lease, the Lessor shall have forthwith upon such termination be entitled to recover damages in an amount equal to the right, at Lessor’s option at any time that a default or breach under Section 9.1(a) or 9.1(b) remains uncured, to invoke then present value of the dispute resolution procedures set forth rent specified in Section 11.23. Except as otherwise set forth in this Section 9.2, Lessor’s right to invoke the dispute resolution provisions set forth in Section 11.23 shall be Lessor’s sole and exclusive remedy under Paragraph 1 of this Lease with respect to a default or breach under Section 9.1(a) or 9.1(b)for the residue of the stated Term hereof, less the fair rental value of the Premises for the residue of the stated Term. (b) If the Lessee defaults in the payment of rent, and the Lessee does not cure the default within five (5) days after written demand for payment of such rent, or if the Lessee defaults in the prompt and full performance of any other provision of this Lease, and the Lessee does not cure the default within twenty days (forthwith if the default involves a hazardous condition) after written demand by the Lessor that the default be cured unless the default involves a hazardous condition, which shall have be cured forthwith upon the rightLessor's demand, at Lessor’s option at or if the leasehold interest of the Lessee be levied upon under execution or be attached by process of law, or if the Lessee makes an assignment for the benefit of creditors, or if a receiver be appointed for any time that a default property of the Lessee, or breach under Section 9.1(c)if the Lessee abandons the Premises, 9.1(d) then and in any such event the Lessor may, if the Lessor so elects but not otherwise, and with or 9.1(e) remains uncuredwithout notice of such election and with or without any demand whatsoever, to either forthwith terminate this Lease and the Lessee’s 's right to possession of the Leased PremisesPremises or, without further notice or demandterminating this Lease, and forthwith terminate the Lessee's right to forthwith repossess the Leased Premises by any lawful means in which event Lessee shall immediately surrender possession of the Leased Premises to Lessor; and any such action on the part of Lessor shall be in addition to any other remedy that may be available to Lessor for breach of contract, or otherwise, including the right of setoffPremises. (c) If, by the terms Upon any termination of this Lease, whether by lapse of time or otherwise, or upon termination of the Lessee's right to possession without termination of the Lease, the Lessee is required to do or perform any act or to pay any sum to a third partyshall surrender possession and vacate the Premises immediately, and fails or refuses deliver possession thereof to do so, the Lessor, after 30 days written notice and hereby grants to Lesseethe Lessor and its beneficiaries full and free license to enter into and upon the Premises in such event with or without process of law and to repossess the Lessor of the Premises as of the Lessor's former estate and to expel or remove the Lessee and any others who may be occupying or within the Premises and to remove any and all property therefrom, using such force as may be necessary, without waiving being deemed in any manner guilty of trespass, eviction or forcible entry or detainer and without relinquishing the Lessor's rights to rent or any other right given to the Lessor hereunder or remedy by operation of law. (d) If the Lessee abandons the Premises or otherwise entitles the Lessor so to elect, and the Lessor elects to terminate the Lessee's right to possession only, without terminating the Lease, the Lessor may, at the Lessor's option enter into the Premises, remove the Lessee's signs and other evidences of tenancy, and take and hold possession thereof as in this Paragraph 15 provided, without such entry and possession terminating the Lease or releasing the Lessee, in whole or in part, from the Lessee's obligation to pay the rent hereunder for the full Term, and in any such defaultcase the Lessee shall pay forthwith to the Lessor, if the Lessor so elects, a sum equal to the entire amount of the rent specified in Paragraph 1 of this Lease for the residue of the stated Term plus any other sums then due hereunder. Upon and after entry into possession without termination of the Lease, the Lessor may, but need not, relet the Premises or any part thereof for the account of the Lessee to any person, firm or corporation other than the Lessee for such rent, for such time and upon such terms as the Lessor in the Lessor's sole discretion shall determine, and the Lessor shall not be required to accept any tenant offered by the Lessee or to observe any instructions given by the Lessee about such reletting. In any such case, the Lessor may make repairs, alterations and additions in or to the Premises, and redecorate the same to the extent deemed by the Lessor necessary or desirable, and the Lessee shall, upon demand, pay the cost thereof, together with the Lessor's expenses of the reletting. If the consideration collected by the Lessor upon any such reletting for the Lessee's account is not sufficient to pay monthly the full amount of the rent reserved in this Lease, together with the costs of repairs, alterations, additions, redecorating and the Lessor's expenses, the Lessee shall pay to the Lessor the amount of each monthly deficiency upon demand; and if the consideration so collected from any such reletting is more than sufficient to pa the full amount of the rent reserved herein, together with the costs and expenses of the Lessor, the Lessor, at the end of the stated Term of the Lease, shall account for the surplus to the Lessee. (e) Deleted in its entirety. (f) Any and all property which may be removed from the Premises by the Lessor pursuant to the authority of the Lease or of law, to which the Lessee is or may be entitled, may do be handled, removed or perform such actstored by the Lessor at the risk, at Lessee’s expense, or pay such sum for cost and on behalf expense of the Lessee, and the amounts Lessor and its beneficiaries shall in no event be responsible for the value, preservation or safekeeping thereof. The Lessee shall pay to the Lessor, upon demand, any and all expenses incurred in such removal and all storage charges against such property so expended by Lessor long as the same shall be repayable on demand, and bear interest in the Lessor's possession or under the Lessor's control. Any such property of the Lessee not removed from the date expended Premises or retaken from storage by Lessor until paid at a rate equal the Lessee within thirty days after the end of the Term, however terminated, shall be presumed to have been conveyed by the Lessee to the lesser Lessor under this Lease as a xxxx of (i) an interest rate equal sale without further payment or credit by the Lessor to the “Prime Rate” as published Lessee. (g) The Lessee shall pay upon demand all the Lessor's costs, reasonable charges and expenses, including the fees of counsel, agents and others retained by the Lessor, incurred in The Wall Street Journalenforcing the Lessee's obligations hereunder or incurred by the Lessor in any litigation, Southwest Editionnegotiation or transaction in which the Lessee causes the Lessor, in its listing of “Money Rates” plus five percent (5%) without the Lessor's fault, to become involved or (ii) the maximum non-usurious rate of interest permitted under applicable Law (the “Default Rate”)concerned.

Lessor’s Remedies. Section 26.01 Upon the occurrence of any one or more of the events of default, as defined in the preceding article, and at any time during the continuance of such event of default, Lessor shall serve a written ten (a10) day notice of cancellation and termination of this Lease, and, if the default is not cured, upon the expiration of said ten (10) days, this Lease and the term hereunder shall end and expire as fully and completely as if the date of expiration of such ten (10) day period were the day herein definitely fixed for the end and expiration of this Lease and the Demised Term, and Lessee shall then quit and surrender to Lessor the Demised Premises and the buildings and improvements on or above the Demised Premises and each and every part thereof, and Lessor may enter into or possess the Demised Premises and such buildings and improvements and each and every part thereof in accordance with applicable law. In the event this Lease is terminated pursuant to the foregoing, all of the right, title and estate and interest of the Lessee in and to the Demised Premises shall automatically pass to, vest in and belong to the Lessor, upon compliance with applicable law and without cost or charge to Lessor, free of any claim thereto by Lessee. Section 26.02 Upon the occurrence of any one or more of the events of default as defined in the preceding article, and at any time during the continuance of such events of default, Lessor may, but shall not be obligated to, upon a written five (5) day notice to Lessee, or without notice if in Lessor's opinion an emergency exists, and without terminating this Lease, do and perform such acts and make such payments as may be necessary to cure such default, all for the account and at the expense of Lessee. If Lessor shall incur any expense, including reasonable attorneys' fees, in instituting, prosecuting, or defending any action or proceeding instituted by reason of any default by Lessee, Lessee shall reimburse Lessor for the amount of such expense. Should Lessee, pursuant to this Lease, become obligated to reimburse or otherwise pay Lessor one or more sums of money in addition to the specific rent, the amount thereof shall be deemed further additional rental and may, at the option of the Lessor, be added to any subsequent installment of the specific rent due and payable under this Lease, in which event Lessor shall have the rightadditional remedies for default in the payment thereof provided by this article. The provisions of this section shall survive the termination of this Lease. Section 26.03 Upon the occurrence of any one or more of the events of default, at Lessor’s option as defined in the preceding article, and at any time that a default or breach under Section 9.1(a) or 9.1(b) remains uncuredduring the continuance of such events of default, to invoke the dispute resolution procedures set forth in Section 11.23. Except as otherwise set forth in this Section 9.2and upon compliance with all applicable laws, Lessor’s right to invoke the dispute resolution provisions set forth in Section 11.23 shall be Lessor’s sole and exclusive remedy under this Lease with respect to a default or breach under Section 9.1(a) or 9.1(b). (b) Lessor shall have the rightright of injunction to restrain the same and the right to invoke any remedy allowed by law or in equity, as if specific remedies, indemnity or reimbursement were not herein provided. Section 26.04 In the event of any termination of this Lease, whether by expiration, forfeiture, cancellation, surrender or by operation of law or by issuance of a final court order, and upon full compliance with applicable law, Lessor may re-enter the Demised Premises and enter the buildings and improvements on or above the Demised Premises and remove therefrom Lessee, its agents, employees, licensees and any sublessees, persons, firms or corporations and all of their respective property, using such force for that purpose as may be necessary without being liable for prosecution or damages therefor, and thereupon Lessor shall be entitled to retain possession of the Demised Premises and the buildings and improvements on or above the Demised Premises with all additions, alterations and improvements thereon, fixtures and appurtenances thereto, free from any estate or interest of Lessee therein. Section 26.05 No receipt of moneys by Lessor from Lessee after the termination hereof in any lawful manner shall reinstate, continue or extend the term, or affect any notice theretofore given to Lessee, or operate as a waiver of the right of Lessor to enforce the payment of any rent and additional rent then due or thereafter falling due, or operate as a waiver of the right of Lessor to recover possession of the Demised Premises by proper suit, action, proceedings or other remedy; it being agreed that after the service of notice of termination as herein provided and the expiration of the time therein specified, after the commencement of any suit, action, proceedings or other remedy, or after a final order or judgment for possession of the Demised Premises, Lessor may demand, receive and collect any moneys due, or thereafter falling due, without in any manner affecting such notice, suit, action, proceedings, order or judgment; and any and all such moneys so collected shall be deemed to be payments on account of the use and occupation of the Demised Premises, or, at the election of Lessor, on account of Lessee's liability hereunder. Section 26.06 In case of any such termination, re-entry, or dispossession by summary proceedings or otherwise, the rent, and all other charges required to be paid by Lessee hereunder, shall thereupon become due and payable up to the time of such termination, reentry or dispossession and Lessee shall also pay to Lessor all expenses which Lessor may then or thereafter incur for legal expenses, reasonable attorneys' fees, brokerage commissions, and all other costs paid or incurred by Lessor for restoring the Demised Premises and the buildings, structures and improvements thereon to good order and condition and for altering and otherwise preparing the same for reletting. Lessor may, at any time and from time to time, relet the Demised Premises, in whole or in part, either in its own name or as agent of Lessee, for a term or terms which, at Lessor’s option at 's option, may be for the remainder of the then current term of this Lease, or for any time that a default longer or breach shorter period, and (unless the statute or rule of law which governs or shall govern the proceeding in which such damages are to be proved, limits or shall limit the amount of such claim capable of being so proved and allowed, in which case Lessor shall be entitled to prove as and for liquidated damages and have allowed an amount equal to the maximum allowed by or under Section 9.1(cany such statute or rule of law), 9.1(d) or 9.1(e) remains uncuredand Lessee shall be obligated to and shall pay to Lessor as damages, to terminate this Lease and Lessee’s right to possession of the Leased Premises, without further notice or upon demand, and to forthwith repossess the Leased Premises by any lawful means in which event Lessee shall immediately surrender possession of the Leased Premises to Lessor; and any such action on the part of Lessor shall be entitled to recover of and from Lessee, at the election of Lessor, either: A. Damages in addition an amount which, at the time of such termination, reentry or dispossession by Lessor, as the case may be, is equal to any other remedy that may be available to Lessor the excess, if any, of the then present value of the installments of rent, reserved hereunder, for breach the period which would otherwise have constituted the unexpired portion of contractthe Demised Term, or otherwise, including over the right then present value of setoffthe net rental value of the Demised Premises for such unexpired portion of the Demised Term. B. Damages (cpayable in monthly installments, in advance, on the first day of each calendar month following such termination, reentry or dispossession, and continuing until the date originally fixed herein for the expiration of the Demised Term) Ifin an amount or amounts equal to the excess, if any, of the sum of the aggregate expenses paid by Lessor during the month immediately preceding such calendar month for all such items as by the terms of this Lease are required to be paid by Lessee, plus an amount equal to the amount of the installments of rent which would have been payable by Lessee hereunder in respect of such calendar month, had this Lease and the Demised Term not been so terminated, or had Lessor not so reentered, in excess of the rents, if any, collected by or accruing to Lessor in respect of such calendar month pursuant to either such reletting or from any existing subleases; and any suit or action brought to collect the amount of the deficiency for any calendar month shall not prejudice in any way the rights of Lessor to collect the deficiency for any subsequent month by a similar proceeding. Section 26.07 In the event of any termination of this Lease, Lessee is required to do whether by expiration, forfeiture, cancellation, surrender, or perform by operation of law or any act or to pay any sum to issuance of a third party, and fails or refuses to do sofinal court order, Lessor, after 30 days written notice to Lessee, without waiving any other right or remedy hereunder for such defaultat its option, may do or perform make such actalterations, at Lessee’s expense, or pay such sum for repairs and/or decorations in the Demised Premises as in its reasonable judgment Lessor considers advisable and on behalf of Lesseenecessary, and the amounts so expended making of such alterations, repairs and/or decorations shall not operate or be construed to release Lessee from liability hereunder. Costs for reletting and remodeling shall be deemed to be an expense of reletting and shall be charged to Lessee. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Lessor from time to time at its election, and nothing herein contained shall be repayable on demanddeemed to require Lessor to postpone suit until the date when the term of this Lease would have expired if it had not been terminated under the provisions of this Lease, or under any provision of law, or had Lessor not reentered into or upon the Demised Premises. Section 26.08 The rights and remedies given to Lessor in this Lease are distinct, separate and cumulative, and bear interest from no one of them, whether or not exercised by Lessor, shall be deemed to be in exclusion of any of the date expended others herein or by law or in equity; provided, and nothing herein contained shall, however, limit or prejudice the right of Lessor until paid at a rate to prove for and obtain as liquidated damages by reason of such termination, an amount equal to the lesser maximum allowed by any other statute or rule of (i) an interest rate 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 “Prime Rate” as published in The Wall Street Journal, Southwest Edition, in its listing amount of “Money Rates” plus five percent (5%) or (ii) the maximum non-usurious rate of interest permitted under applicable Law (the “Default Rate”)difference referred to above.

Lessor’s Remedies. (a) In the event of any such material default under or material breach of the terms of this Lease by Lessee, Lessor shall have the rightmay, at Lessor’s option option, at any time thereafter that a such default or breach under Section 9.1(a) or 9.1(b) remains uncured, to invoke the dispute resolution procedures set forth in Section 11.23. Except as otherwise set forth in this Section 9.2without further notice or demand, Lessor’s right to invoke the dispute resolution provisions set forth in Section 11.23 shall be Lessor’s sole and exclusive remedy under this Lease with respect to a default or breach under Section 9.1(a) or 9.1(b). (b) Lessor shall have the right, at Lessor’s option at any time that a default or breach under Section 9.1(c), 9.1(d) or 9.1(e) remains uncured, to terminate this Lease and Lessee’s right to possession of the Leased Premises, without further notice or demand, Premises and to forthwith repossess the Leased Premises by any lawful means in which event Lessee shall immediately surrender possession of the Leased Premises to Lessor; and any such action on the part of Lessor shall be in addition to any other remedy that may be available to Lessor for arrears of Rent or breach of contract, or otherwise, including the right of setoff. (cb) If, by the terms of this Lease, Lessee is required to do or perform any act or to pay any sum to a third party, and fails or refuses to do so, Lessor, after 30 days written notice to Lessee, without waiving any other right or remedy hereunder for such default, may do or perform such act, at Lessee’s expense, or pay such sum for and on behalf of Lessee, and the amounts so expended by Lessor shall be repayable on demand, and bear interest from the date expended by Lessor until paid at a rate equal to the lesser of (i) an interest rate equal to the “Prime Rate” as published in The Wall Street Journal, Southwest Edition, in its listing of “Money Rates” plus five two percent (52%) or (ii) the maximum non-usurious rate of interest permitted to be charged Lessee under applicable Law (the “Default Post-Maturity Rate”). Past due Rent and any other past due payments required hereunder shall bear interest from maturity until paid at the Post-Maturity Rate.

Lessor’s Remedies. All rights and remedies of the Lessor herein enumerated shall be cumulative, and none shall exclude any other right or remedy allowed by law. (a) If any voluntary or involuntary petition or similar pleading under any section or sections of any bankruptcy act shall be filed by or against the Lessee, or any voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare the Lessee insolvent or unable to pay the Lessee's debts, and in the case of an involuntary petition or proceeding, the petition or proceeding is not dismissed within thirty days from the date it is filed, the Lessor may elect, but is not required, and with or without notice of such election, and with or without entry or other action by the Lessor, to forthwith terminate this Lease, and, notwithstanding any other provision of this Lease, the Lessor shall have forthwith upon such termination be entitled to recover damages in an amount equal to the right, at Lessor’s option at any time that a default or breach under Section 9.1(a) or 9.1(b) remains uncured, to invoke then present value of the dispute resolution procedures set forth rent specified in Section 11.23. Except as otherwise set forth in this Section 9.2, Lessor’s right to invoke the dispute resolution provisions set forth in Section 11.23 shall be Lessor’s sole and exclusive remedy under Paragraph 1 of this Lease with respect to a default or breach under Section 9.1(a) or 9.1(b)for the residue of the stated Term hereof, less the fair rental value of the Premises for the residue of the stated Term. (b) If the Lessee defaults in the payment of rent, and the Lessee does not cure the default within five (5) days after written demand for payment of such rent, or if the Lessee defaults in the prompt and full performance of any other provision of this Lease, and the Lessee does not cure the default within twenty days (forthwith if the default involves a hazardous condition) after written demand by the Lessor that the default be cured unless the default involves a hazardous condition, which shall have be cured forthwith upon the rightLessor's demand, at Lessor’s option at or if the leasehold interest of the Lessee be levied upon under execution or be attached by process of law, or if the Lessee makes an assignment for the benefit of creditors, or if a receiver be appointed for any time that a default property of the Lessee, or breach under Section 9.1(c)if the Lessee abandons the Premises, 9.1(d) then and in any such event the Lessor may, if the Lessor so elects but not otherwise, and with or 9.1(e) remains uncuredwithout notice of such election and with or without any demand whatsoever, to either forthwith terminate this Lease and the Lessee’s 's right to possession of the Leased PremisesPremises or, without further notice or demandterminating this Lease, and forthwith terminate the Lessee's right to forthwith repossess the Leased Premises by any lawful means in which event Lessee shall immediately surrender possession of the Leased Premises to Lessor; and any such action on the part of Lessor shall be in addition to any other remedy that may be available to Lessor for breach of contract, or otherwise, including the right of setoffPremises. (c) If, by the terms Upon any termination of this Lease, whether by lapse of time or otherwise, or upon termination of the Lessee's right to possession without termination of the Lease, the Lessee is required to do or perform any act or to pay any sum to a third partyshall surrender possession and vacate the Premises immediately, and fails or refuses deliver possession thereof to do so, the Lessor, after 30 days written notice and hereby grants to Lesseethe Lessor and its beneficiaries full and free license to enter into and upon the Premises in such event with or without process of law and to repossess the Lessor of the Premises as of the Lessor's former estate and to expel or remove the Lessee and any others who may be occupying or within the Premises and to remove any and all property therefrom, using such force as may be necessary, without waiving being deemed in any manner guilty of trespass, eviction or forcible entry or detainer and without relinquishing the Lessor's rights to rent or any other right given to the Lessor hereunder or remedy by operation of law. (d) If the Lessee abandons the Premises or otherwise entitles the Lessor so to elect, and the Lessor elects to terminate the Lessee's right to possession only, without terminating the Lease, the Lessor may, at the Lessor's option enter into the Premises, remove the Lessee's signs and other evidences of tenancy, and take and hold possession thereof as in this Paragraph 15 provided, without such entry and possession terminating the Lease or releasing the Lessee, in whole or in part, from the Lessee's obligation to pay the rent hereunder for the full Term, and in any such defaultcase the Lessee shall pay to the Lessor, the rent and other financial obligations hereunder as they come due. Upon and after entry into possession without termination of the Lease, the Lessor may, but need not, relet the Premises or any part thereof for the account of the Lessee to any person, firm or corporation other than the Lessee for such rent, for such time and upon such terms as the Lessor in the Lessor's sole discretion shall determine, and the Lessor shall not be required to accept any tenant offered by the Lessee or to observe any instructions given by the Lessee about such reletting. In any such case, the Lessor may make repairs, alterations and additions in or to the Premises, and redecorate the same to the extent deemed by the Lessor necessary or desirable, and the Lessee shall, upon demand, pay the cost thereof, together with the Lessor's expenses of the reletting. If the consideration collected by the Lessor upon any such reletting for the Lessee's account is not sufficient to pay monthly the full amount of the rent reserved in this Lease, together with the costs of repairs, alterations, additions, redecorating and the Lessor's expenses, the Lessee shall pay to the Lessor the amount of each monthly deficiency upon demand; and if the consideration so collected from any such reletting is more than sufficient to pay the full amount of the rent reserved herein, together with the costs and expenses of the Lessor, the Lessor, at the end of the stated Term of the Lease, shall account for the surplus to the Lessee. (e) Deleted in its entirety. (f) Any and all property which may be removed from the Premises by the Lessor pursuant to the authority of the Lease or of law, to which the Lessee is or may be entitled, may do be handled, removed or perform such actstored by the Lessor at the risk, at Lessee’s expense, or pay such sum for cost and on behalf expense of the Lessee, and the amounts Lessor and its beneficiaries shall in no event be responsible for the value, preservation or safekeeping thereof. The Lessee shall pay to the Lessor, upon demand, any and all expenses incurred in such removal and all storage charges against such property so expended by Lessor long as the same shall be repayable on demand, and bear interest in the Lessor's possession or under the Lessor's control. Any such property of the Lessee not removed from the date expended Premises or retaken from storage by Lessor until paid at a rate equal the Lessee within thirty days after the end of the Term, however terminated, shall be presumed to have been conveyed by the Lessee to the lesser Lessor under this Lease as a xxxx of (i) an interest rate equal sale without further payment or credit by the Lessor to the “Prime Rate” as published Lessee. (g) The Lessee shall pay upon demand all the Lessor's costs, reasonable charges and expenses, including the fees of counsel, agents and others retained by the Lessor, incurred in The Wall Street Journalenforcing the Lessee's obligations hereunder or incurred by the Lessor in any litigation, Southwest Editionnegotiation or transaction in which the Lessee causes the Lessor, in its listing of “Money Rates” plus five percent (5%) without the Lessor's fault, to become involved or (ii) the maximum non-usurious rate of interest permitted under applicable Law (the “Default Rate”)concerned.

Lessor’s Remedies. If any Event of Default occurs, Lessor, at its option, without notice to or demand upon Lessee except as otherwise provided in this Section 10.2, may: (a) Lessor shall have the right, at Lessor’s option at any time that a default or breach under Section 9.1(a) or 9.1(b) remains uncured, to invoke the dispute resolution procedures set forth in Section 11.23. Except as otherwise set forth in this Section 9.2, Lessor’s right to invoke the dispute resolution provisions set forth in Section 11.23 shall be Lessor’s sole and exclusive remedy under Terminate this Lease with respect to a default and/or Lessee's rights of possession and use of all or breach any portion of the Units under Section 9.1(a) or 9.1(b).the Lease; (b) Lessor shall have the right, at Lessor’s option at any time that a default or breach under Section 9.1(c), 9.1(d) or 9.1(e) remains uncured, to terminate this Lease and Lessee’s right to Take possession of the Leased Premises, without further notice all or demand, and to forthwith repossess the Leased Premises by any lawful means in which event Lessee shall immediately surrender possession portion of the Leased Premises to Lessor; and any such action on the part of Lessor shall be in addition to any other remedy that may be available to Lessor for breach of contractUnits, wherever located, or otherwise, including render the right of setoff.same unusable; (c) IfRequire the Lessee to assemble and return all or any portion of the Units to Lessor (as more fully specified in Section 11 hereof); (d) Retain, hold, sell, lease or otherwise dispose of all or any portion of the Units, in a public or private transaction, without demand upon or notice to Lessee, and any such sale, lease or other disposition shall be free and clear of any rights of Lessee; (e) Recover other and further damages, which shall include but not be limited to payment by Lessee immediately upon demand of the following, each bearing interest until paid in full at the Default Rate (as defined in the Appendix) from the earlier of (A) the date such demand is made or (B) the date otherwise due and payable: (i) all accrued and unpaid rent payments payable under all or any of the Leases and all other costs, charges, fees and amounts payable thereunder or hereunder, (ii) exercised by Lessor in any order or manner, as to the Lease and Units or only a portion thereof, all as Lessor shall determine in its sole discretion. No exercise of any remedy available to Lessor shall constitute any election foreclosing Lessor from the subsequent exercise of any other remedy. In furtherance of its remedies, Lessor may and is hereby irrevocably authorized by Lessee (and Lessee, at its sole cost and expense, shall cause Lessor to be duly authorized by all necessary parties) to enter without trespass or liability upon any premises on which the Units or any portion thereof may be located. In the event that Lessor, at its option, shall give Lessee notice of any proposed sale or other disposition of the Units or any part thereof, Lessee hereby agrees that written notice given to Lessee in accordance with the terms of this Lease, Lessee is required Lease at least ten (10) days prior to do any such sale or perform any act or to pay any sum to a third party, and fails or refuses to do so, Lessor, after 30 days written notice to Lessee, without waiving any other right or remedy hereunder for such default, may do or perform such act, at Lessee’s expense, or pay such sum for and on behalf of Lessee, and the amounts so expended by Lessor disposition shall be repayable on demand, and bear interest from the date expended by Lessor until paid at a rate equal be deemed to the lesser of (i) an interest rate equal to the “Prime Rate” as published in The Wall Street Journal, Southwest Edition, in its listing of “Money Rates” plus five percent (5%) or (ii) the maximum non-usurious rate of interest permitted under applicable Law (the “Default Rate”)be commercially reasonable notice.

Lessor’s Remedies. (a) Lessor shall have the right, at Lessor’s option If at any time that a default prior to the Commencement Date any voluntary or breach involuntary petition or similar pleading under Section 9.1(aany section or sections of any bankruptcy act shall be filed by or against Lessee, or any voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare Lessee insolvent or unable to pay Lessee's debts, and the same is not dismissed within sixty (60) days, or 9.1(b) remains uncuredif Lessee makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, this Lease shall ipso facto be cancelled and terminated and in such event neither Lessee nor any person claiming through or under the Lease or by virtue of any statute or of an order of any court, shall be entitled to invoke possession of the dispute resolution procedures set forth Demised Premises and Lessor in Section 11.23. Except as otherwise set forth addition to the other rights and remedies given herein or elsewhere in this Section 9.2Lease contained, Lessor’s right to invoke or by virtue of any statute or rule of law, may retain as liquidated damages, any Rent, security, deposit or monies received by Lessor from Lessee or others in behalf of Lessee upon the dispute resolution provisions set forth in Section 11.23 execution hereof. If on the Commencement Date or if at any time during the Term any voluntary or involuntary petition or similar pleading under any section or sections of any bankruptcy act shall be filed by or against Lessee, or any voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare Lessee insolvent or unable to pay Lessee's debts, and in the case of an involuntary petition the same is not dismissed within sixty (60) days, then and in any such event Lessor may, if Lessor so elects but not otherwise, and with notice of such election, and with or without entry or other action by Lessor’s sole , forthwith terminate this Lease, and, notwithstanding any other provisions of this Lease, Lessor shall forthwith upon such termination be entitled to recover as damages an amount equal to the difference between the Rent reserved hereunder for the unexpired portion of the Term and exclusive remedy under the then fair and reasonable rental value of the Demised Premises for the same 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 four percent (4%) per annum. If the Demised Premises or any part thereof be relet by Lessor for the unexpired term of this Lease with respect Lease, or any part thereof, before presentation of proof of such liquidated damages to a default any court, commission or breach under Section 9.1(a) 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 9.1(b)the whole of the Demised Premises so relet during the term of the reletting. Nothing herein contained shall limit or prejudice the right of Lessor to prove for and obtain as liquidated damages by reason of such 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. (b) If Lessee defaults in the payment of Rent, and does not cure said default within ten (10) days after written notice thereof, or in the prompt and full performance of any covenant, condition or other provision of this Lease, and does not cure or commence the process of curing, said default within thirty (30) days after written notice thereof, or if the leasehold interest of Lessee be levied upon under execution or be attached by process of law which levy, execution or attachment is not vacated within sixty (60) days thereof, or if Lessee makes an assignment for the benefit of creditors, or if a receiver be appointed for any property of Lessee, which appointment or assignment is not vacated within sixty (60) days thereof, or if any default occurs under the Existing Lease (as such term is hereinafter defined) and such default is not cured prior to the expiration of any applicable grace or cure period set forth in the Existing Lease, then and in any such event Lessor shall have may, if Lessor so elects but not otherwise, upon serving an additional five (5) days written notice upon Lessee specifying the rightnature of said default and upon the expiration of said five (5) days if Lessee has not cured such default, at Lessor’s option at any time that a default or breach under Section 9.1(c), 9.1(d) or 9.1(e) remains uncured, to either forthwith terminate this Lease and Lessee’s 's right to possession of the Leased PremisesDemised Premises or, without further notice terminating this Lease, forthwith terminate Lessee's right to possession of the Demised Premises. (c) Upon any termination of this Lease, whether by lapse of time or demandotherwise, and or upon any termination of Lessee's right to forthwith repossess possession without termination of the Leased Premises by any lawful means in which event Lease, Lessee shall immediately surrender possession to Lessor and vacate the Demised Premises. Lessee hereby grants to Lessor the full and free license to enter into and upon the Demised Premises in such event with process of law and to repossess Lessor of the Leased Demised Premises and to Lessor; expel or remove Lessee and any others who may be occupying the Demised Premises and to remove any and all property therefrom, using such action on the part lawful force as may be necessary, without being deemed in any manner guilty of Lessor shall be in addition trespass, eviction or forcible entry or detainer, and without relinquishing Lessor's rights to rent or any other remedy that may be available right given to Lessor for breach hereunder or by operation of contract, or otherwise, including the right of setofflaw. (cd) IfIf Lessor is entitled and so elects to terminate Lessee's right to possession only, by without terminating this Lease, Lessor may, at Lessor's option, under due process of law, enter into the terms Demised Premises, remove Lessee's signs and other evidences of tenancy, and take and hold possession thereof as in provided in Section 19(c) hereof, without such entry and possession terminating the Lease or releasing Lessee, in whole or in part, from Lessee's obligation to pay the rent hereunder for the full term. Upon and after entry into possession without termination of this Lease, Lessor may, but need not so long as there is other vacant office space in the Building, relet the Demised Premises or any part thereof for the account of Lessee is to any person, firm or corporation other than Lessee for such rent with such concessions or free rent, for such time and upon such terms as Lessor shall determine, and Lessor shall not be required to do accept any tenant offered by Lessee or to observe any instructions given by Lessee about such reletting. In any such case, Lessor may make repairs, alterations and additions in or to the Demised Premises, and redecorate the same to the extent deemed by Lessor necessary or desirable, and Lessee shall, upon demand, pay the cost thereof, together with Lessor's expenses of the reletting. If the consideration collected by Lessor upon any such reletting for Lessee's account is not sufficient to pay monthly the full amount of the rent reserved in this Lease, together with the costs of repairs, alterations, additions, redecorating and Lessor's expenses, Lessee shall pay to Lessor the amount of each monthly deficiency upon demand. (e) Lessor may but shall not be obligated to perform any act obligation of Lessee under this Lease; and, if Lessor so elects, all costs and expenses paid by Lessor in performing such obligation, together with interest at the Default Rate, shall be reimbursed by Lessee to Lessor on demand. The exercise of any remedy by Lessor shall not be deemed an election of remedies or preclude Lessor from exercising any other remedies in the future. (f) If Lessee becomes bankrupt, the bankruptcy trustee shall not have the right to pay any sum to a third partyassume or assign this Lease unless the trustee complies with all requirements of the United States Bankruptcy Code; and Lessor expressly reserves all of its rights, claims, and fails or refuses remedies thereunder. (g) In any proceeding to do soenforce the other party's obligations under this Lease, Lessorthe losing party shall pay to the prevailing party upon demand all of the prevailing party's reasonable costs, after 30 days written notice to Lesseefees and expenses (including the reasonable fees and expenses of counsel, without waiving agents and others retained by the prevailing party). (h) All rights and remedies of Lessor herein enumerated shall be cumulative, and none shall exclude any other right or remedy hereunder for such default, may do or perform such act, at Lessee’s expense, or pay such sum for and on behalf allowed by law. The exercise of Lessee, and the amounts so expended any remedy by Lessor shall not be repayable on demand, and bear interest deemed an election of remedies or preclude Lessor from exercising any other remedies in the date expended by Lessor until paid at a rate equal to the lesser of (i) an interest rate equal to the “Prime Rate” as published in The Wall Street Journal, Southwest Edition, in its listing of “Money Rates” plus five percent (5%) or (ii) the maximum non-usurious rate of interest permitted under applicable Law (the “Default Rate”)future.

Lessor’s Remedies. (a) In the event of any such material default under or material breach of the terms of this Lease by Lessee, Lessor shall have the rightmay, at Lessor’s option option, at any time thereafter that a such default or breach under Section 9.1(a) or 9.1(b) remains uncured, to invoke the dispute resolution procedures set forth in Section 11.23. Except as otherwise set forth in this Section 9.2without further notice or demand, Lessor’s right to invoke the dispute resolution provisions set forth in Section 11.23 shall be Lessor’s sole and exclusive remedy under this Lease with respect to a default or breach under Section 9.1(a) or 9.1(b). (b) Lessor shall have the right, at Lessor’s option at any time that a default or breach under Section 9.1(c), 9.1(d) or 9.1(e) remains uncured, to terminate this Lease and Lessee’s right to possession of the Leased Premises, without further notice or demand, Premises and to forthwith repossess the Leased Premises by any lawful means in which event Lessee shall immediately surrender possession of the Leased Premises to Lessor; and any such action on the part of Lessor shall be in addition to any other remedy that may be available to Lessor for arrears of Rent or breach of contract, or otherwise, including the right of setoff. (cb) If, by the terms of this Lease, Lessee is required to do or perform any act or to pay any sum to a third partyThird Party, and fails or refuses to do so, Lessor, after 30 days written notice to Lessee, without waiving any other right or remedy hereunder for such default, may may, but shall not be obligated to, do or perform such act, at Lessee’s expense, or pay such sum for and on behalf of Lessee, and the amounts so expended by Lessor shall be repayable on demand, and bear interest from the date expended by Lessor until paid at a rate equal to the lesser of (i) an interest rate equal to the “Prime Rate” as published in The Wall Street Journal, Southwest Edition, in its listing of “Money Rates” Rate plus five percent (5%) 2% or (ii) the maximum non-usurious rate of interest permitted to be charged Lessee under applicable Applicable Law (the “Default Post-Maturity Rate”). Past due Rent and any other past due payments required hereunder shall bear interest from the date of delinquency until paid at the Post-Maturity Rate.