Common use of Lessor’s Remedies Clause in Contracts

Lessor’s Remedies. 25.1 In case that any default occurs and the Lessee fails to eliminate such circumstance within 60 days after occurrence, the Lessor might choose to: (1) request the lessee continuing fully performing its obligations hereunder; and/or (2) suspend Lessee’s use of the Property, its part or any facility; and/or (3) terminate this Contract or any part leased hereunder and promptly recover the Property or the corresponding part. Besides, the Lessor shall have the right to seek other remedies in law. 25.2 The Lessee agrees that, where this Contract or any part of the Property is terminated by the Lessor as per Article 25, the Lessor shall have the right to reoccupy the Property and the corresponding part in any way it deems as proper, to remove the Lessee and all the persons and their properties, and it has the right to use and keep in original conditions all the furniture, devices and equipments in the Property, or to remove and store such articles, and request the Lessee to indemnify the Lessor for: (i)the due, unpaid and accumulated rental, Property & facility management fees and other payables hereunder through such date of termination; and (ii) the expenses incurred due to the otherwise lease of the Property or its part (including but not limited to the intermediary agent charges and/or commission paid by the Lessor); and (iii) costs incurred due to removal and storage of the properties of the Lessee and any other persons; (iv) costs for the recovery of the Property to the original conditions; and (v) all the reasonable expenses incurred to the Lessor for seeking the remedies (including the reasonable attorney’s fee and the expenses related to the arbitration and/or court). 25.3 Where the Lessor terminates this Contract for any default as per Article 25.1, in additional to the compensation stipulated in Article 25.2, the Lessee shall pay the liquidated damages to the Lessor at the amount equal to the rental and Property & facility management fees for 6 months in the year of termination. 25.4 The Lessor’s failure to demand its rights hereunder at any time shall not be interpreted as its waiver or change of such rights or creation of such customary practice. Unless otherwise confirmed by the Lessor in writing, the Lessor’s failure to exercise the rights shall not be deemed as its waiver of any provision herein. The Lessee and the Lessor further agree that, the Lessor’s deferral or waiver of exercise of its rights hereunder shall not be deemed as its waiver of recourse against the Lessee’s default in future. Where the Lessor knows the Lessee’s default when accepting the rental, Property & facility management fees and other payment, such acceptance shall not be deemed as the Lessor’s waiver of prosecution against such default.

Lessor’s Remedies. 25.1 In case that any default occurs and the If Lessee fails to eliminate make any payment of any such circumstance within 60 sum due under this lease for ten (10) days after occurrencenotice from Lessor or fails to perform any other term, the Lessor might choose to: covenant, or condition hereof for twenty (120) request the lessee continuing fully performing its obligations hereunder; and/or (2) suspend days after notice from Lessor, or if Lessee’s use of the Property's interest herein, its part or any facility; and/or (3) terminate this Contract or any part leased hereunder and promptly recover the Property thereof, is assigned or the corresponding part. Besidestransferred, either voluntarily or by operation of law (except as expressly permitted by other provisions of this lease) including, without limitation, the filing of a petition by or against Lessee, or any member of Lessee if Lessee is a partnership or joint venture, under any insolvency or bankruptcy laws, or if Lessee makes a general or any assignment for the benefit of its creditors, then, in any such events, Lessor shall have the right right, at its option, in addition to seek and not exclusive of any other remedies remedy Lessor may have by operation of law, without any further demand or notice, to re-enter the premises and eject all persons therefrom, using all necessary forces to do so, and either: (1) Declare this lease at an end, in law.which event Lessee shall immediately pay to Lessor a sum of money equal to the amount, if any, by which the then cash value of the rent reserved hereunder, for the balance of the term of this lease exceeds the then cash reasonable rental value of the premises for the balance of the term; or 25.2 The Lessee agrees that(2) Without terminating this lease, where this Contract or relet the premises, of any part thereof, as the agent and for the account of Lessee upon such terms and conditions as Lessor may deem advisable, in which event to no rents received on such reletting shall be applied ___ to the expense of such reletting and collection, including necessary renovation and alterations of the Property is terminated by the Lessor as per Article 25premises, the Lessor shall have the right to reoccupy the Property and the corresponding part in reasonable attorney's fees, any way it deems as proper, to remove the Lessee and all the persons and their propertiesreal estate commissions paid, and it has the right to use and keep in original conditions thereafter toward payment of all the furniture, devices and equipments in the Property, sums due or to remove and store such articlesbecome due hereunder, and request the Lessee if a sufficient sum is not thus realized to indemnify the Lessor for: (i)the due, unpaid and accumulated rental, Property & facility management fees pay such sums and other payables hereunder through such date of termination; and (ii) the expenses incurred due to the otherwise lease of the Property or its part (including but not limited to the intermediary agent charges and/or commission paid by the Lessor); and (iii) costs incurred due to removal and storage of the properties of the Lessee and any other persons; (iv) costs for the recovery of the Property to the original conditions; and (v) all the reasonable expenses incurred to the Lessor for seeking the remedies (including the reasonable attorney’s fee and the expenses related to the arbitration and/or court). 25.3 Where the Lessor terminates this Contract for any default as per Article 25.1charges, in additional to the compensation stipulated in Article 25.2, the Lessee shall pay Lessor any deficiency monthly, notwithstanding Lessor may have received rent in excess of the liquidated rent stipulated in this lease in previous or subsequent months, and Lessor may bring an action therefor as such monthly deficiency shall arise. Any such re-entry shall be allowed by Lessee without let or hindrance, and Lessor shall not be liable in damages for any such re- entry, or guilty of trespass or forcible entry. No re-entry and taking of possession of the premises by Lessor shall be construed as an election on Lessor's part to terminate this lease, regardless of the extent of renovations and alteration by Lessor, unless a written notice of such intention is given to Lessee by Lessor. Notwithstanding any reletting without termination, Lessor at the amount equal to the rental and Property & facility management fees for 6 months in the year of termination. 25.4 The Lessor’s failure to demand its rights hereunder may at any time shall not be interpreted as its waiver or change of thereafter terminate this lease for such rights or creation of such customary practice. Unless otherwise confirmed by the Lessor in writing, the Lessor’s failure to exercise the rights shall not be deemed as its waiver of any provision herein. The Lessee and the Lessor further agree that, the Lessor’s deferral or waiver of exercise of its rights hereunder shall not be deemed as its waiver of recourse against the Lessee’s default in future. Where the Lessor knows the Lessee’s default when accepting the rental, Property & facility management fees and other payment, such acceptance shall not be deemed as the Lessor’s waiver of prosecution against such defaultprevious breach.

Lessor’s Remedies. 25.1 In case that any default occurs and a. If the Lessee fails to eliminate such circumstance within 60 days after occurrencedefaults in the payment of the rent, the Lessor might choose to: may give the Lessee five (15) request days notice of termination of this agreement. If the lessee continuing fully performing its obligations hereunder; and/or (2) suspend Lessee’s use Lessee has not paid all the money due, including reasonable late fee and interest charges, by the end of the Property, its part or any facility; and/or five (35) terminate this Contract or any part leased hereunder and promptly recover the Property or the corresponding part. Besidesdays, the Lessor shall have the right to seek other remedies in lawmay begin eviction proceedings. 25.2 The b. If the Lessee agrees that, where this Contract or violates any part of the Property is terminated by conditions of this lease other than those pertaining to the Lessor as per Article 25payment of the rent, the Lessor shall have may give the right to reoccupy Lessee five (5) days notice that a violation has occurred. If the Property default has not been cured or the objectionable behavior has not stopped, the Lessor may give the Lessee five (5) days notice of termination of the agreement. At the conclusion of the five (5) days, the Lessor may begin eviction proceedings. c. If the Lessee defaults in making any payment required by this lease, and the corresponding part in Lessor has obtained the services of any way it deems as properattorney with respect to the collection thereof, to remove the Lessee and all the persons and their properties, and it has the right agrees to use and keep in original conditions all the furniture, devices and equipments in the Property, or to remove and store such articles, and request the Lessee to indemnify the Lessor for: (i)the due, unpaid and accumulated rental, Property & facility management fees and other payables hereunder through such date of termination; and (ii) the expenses incurred due to the otherwise lease of the Property or its part (including but not limited to the intermediary agent charges and/or commission paid by the Lessor); and (iii) costs incurred due to removal and storage of the properties of the Lessee and any other persons; (iv) costs for the recovery of the Property to the original conditions; and (v) all the reasonable expenses incurred pay to the Lessor for seeking the remedies (any costs or fees involved including the reasonable attorney’s fee 's fees, whether or not a suit has yet been instituted, and the expenses related to the arbitration and/or court). 25.3 Where the Lessor terminates this Contract for any default as per Article 25.1, in additional to the compensation stipulated in Article 25.2if a suit is instituted, the Lessee shall also pay the liquidated damages to costs of the suit. d. Each Lessee who signs this lease may be sued individually and held responsible for any Lessee liability, or all Lessees signing this lease may be held responsible collectively, at the option of the Lessor. e. The Lessor may apply the security deposit towards any unmet obligation of the Lessee's. f. In the application of remedies, the Lessor has a duty at the amount equal all times to the rental and Property & facility management fees for 6 months in the year of terminationmitigate damages. 25.4 g. The Lessor’s failure to demand its rights hereunder at any time shall not be interpreted as its waiver or change of such rights or creation of such customary practice. Unless otherwise confirmed by lease is considered terminated if the Lessor wins an eviction judgment in writing, the Lessor’s failure to exercise the rights shall not be deemed as its waiver of any provision herein. The Lessee and the Lessor further agree that, the Lessor’s deferral or waiver of exercise of its rights hereunder shall not be deemed as its waiver of recourse against the Lessee’s default in future. Where the Lessor knows the Lessee’s default when accepting the rental, Property & facility management fees and other payment, such acceptance shall not be deemed as the Lessor’s waiver of prosecution against such defaultPhiladelphia court.

Lessor’s Remedies. 25.1 In case that any default occurs and the Lessee fails to eliminate such circumstance within 60 days after occurrence, the Lessor might choose to: (1) request In the lessee continuing fully performing event of such default described above, Lessor shall have no further obligation to lease vehicles to Lessee and, at the option of Lessor, all rights of Lessee hereunder and in and to the Vehicles shall forthwith terminate. Upon such termination Lessee agrees that Lessor may, without notice to Lessee, either take possession of any or all Vehicles (with or without legal process) or require Lessee to return all Vehicles forthwith to Lessor at such location as Lessor shall designate. Lessee authorizes Lessor and Lessor's agents to enter any premises where the Vehicles may be found for the purpose of repossessing the same. If Lessor retakes possession of any of the Vehicles and at the time of such retaking there shall be in, upon, or attached to the Vehicles any property, goods, or things of value belonging to Lessee or in the custody or control of Lessee, Lessor is hereby authorized to take possession of such property, goods, and things of value and hold the same for Lessee or to place such property, goods, or things of value in public storage for the account of, and the expense of, Lessee. Lessor may at its option (i) sell any or all of the Vehicles which are returned or repossessed pursuant to this Section and hold Lessee liable for Adjusted Rental as provided in Section 9, or (ii) lease any or all of the Vehicles to a person other than Lessee for such term and such rental as Lessor may elect in its sole discretion, and apply the proceeds of such lease, after first deducting all costs and expenses relating to the termination of this Lease and the retaking of the Vehicles, to Lessee's obligations hereunder; and/or provided, however, that Lessee shall pay to Lessor immediately upon demand, as liquidated damages for loss of bargain and not as a penalty, a sum with respect to each such Vehicle which represents the excess of the present value at the time of termination of all Monthly Rentals which would otherwise have accrued hereunder to the end of the Maximum Term for such Vehicle over the present value of the aggregate of the rentals to be paid for such Vehicle by such third party for such period (such present values to be computed in each case on the basis of a discount factor equal to the Prime Rate in effect on the date this Lease is terminated by Lessor, from the respective dates upon which such Monthly Rentals would have been payable hereunder had this Lease not been terminated). In addition to the other remedies set forth herein, if any Vehicle is not returned to Lessor, or if Lessor is prevented from taking possession thereof, Lessee shall pay to Lessor immediately upon demand Adjusted Rental as provided in Section 9, as if such Vehicle had been sold on the date this Lease was terminated, and the amount of net sale proceeds therefor were zero. As used herein, the Prime Rate shall mean the Prime Rate as published from time to time in the Money Rates section of The Wall Street Journal as the base rate on corporate loans. If more that one Prime Rate or a range of rates is published, the Prime Rate will be the highest of the published rates. In the event the Prime Rate as published in The Wall Street Journal ceases to exist or The Wall Street Journal ceases publishing a Prime Rate, CITICAPITAL will substitute a comparable index which is outside the control of CITICAPITAL. In the event of an error by The Wall Street Journal, the Prime Rate will be based upon the Prime Rate as corrected. Lessor may sell any Vehicle without giving any warranties as to the Vehicle. Lessor may disclaim any warranties of title, possession, quiet enjoyment, or the like. This procedure will not be considered to adversely affect the commercial reasonableness of any sale of the Vehicle. (2) suspend Lessee’s use of Whether or not the PropertyVehicles are returned to, its part sold or any facility; and/or (3) terminate this Contract or any part leased hereunder and promptly recover the Property or the corresponding part. Besidesby Lessor, the Lessor shall have also recover from Lessee all unpaid Monthly Rentals, Additional Rents and Adjusted Rents then due or owing together with all costs and expenses, including attorneys' fees, incurred by Lessor in the right enforcement of its rights and remedies under this Lease. In addition, Lessor may retain as liquidated damages all Monthly Rentals and Additional Rents and sale proceeds received, including any refunds and other sums which otherwise would be payable to seek other remedies in law. 25.2 The Lessee agrees that, where this Contract or any part of the Property is terminated by the Lessor as per Article 25, the Lessor shall have the right to reoccupy the Property and the corresponding part in any way it deems as proper, to remove the Lessee and all the persons and their propertiesLessee, and it has a sum equal to the right to use and keep in original conditions aggregate of all the furniture, devices and equipments in the Property, or to remove and store such articles, and request the Lessee to indemnify the Lessor for: (i)the due, unpaid and accumulated rental, Property & facility management fees Monthly Rentals and other payables hereunder through such date of termination; and (ii) the expenses incurred due to the otherwise lease of the Property or its part (amounts, including but not limited to any early termination fee customarily charged by Lessor, (the intermediary agent charges and/or commission paid by due dates of which Rentals and other amounts Lessor may accelerate at its option) which would have been due during the Lessor); and period ending, for each Vehicle, on the earliest date on which Lessee could have effectively terminated this Lease as to such Vehicle pursuant to Section 3 if Lessee had not defaulted. ORIGINAL FOR CITICAPITAL (iii3) costs incurred due to removal and storage of the properties of the Lessee and any other persons; (iv) costs for the recovery of the Property In addition to the original conditions; foregoing remedies, in the event of a default hereunder, Lessor may also declare all other debts then owing by Lessee to Lessor or any affiliate (including, without limitation, any direct or indirect parent, subsidiary or sister entity), successor or assignee of Lessor to be immediately due and (v) all the reasonable expenses incurred to the Lessor for seeking the remedies (including the reasonable attorney’s fee and the expenses related to the arbitration and/or court)payable. 25.3 Where the (4) The remedies in this Lease provided in favor of Lessor terminates this Contract for any default as per Article 25.1, in additional to the compensation stipulated in Article 25.2, the Lessee shall pay the liquidated damages to the Lessor at the amount equal to the rental and Property & facility management fees for 6 months in the year of termination. 25.4 The Lessor’s failure to demand its rights hereunder at any time shall not be interpreted as its waiver or change of such rights or creation of such customary practice. Unless otherwise confirmed by the Lessor in writing, the Lessor’s failure to exercise the rights shall not be deemed exclusive or alternative, but shall be cumulative and shall be in addition to all other remedies in its favor existing at law or in equity. Lessee hereby waives any right to trial by jury in any action relating to this Lease, as its well as any requirements of law, now or hereafter in effect, which might limit or modify any of the remedies herein provided, to the extent that such waiver is permitted by law. The failure of Lessor to exercise any of the rights granted it hereunder shall not constitute a waiver of any provision herein. The Lessee and the Lessor further agree that, the Lessor’s deferral such right or waiver establish a custom or course of exercise of its rights hereunder shall not be deemed as its waiver of recourse against the Lessee’s default in future. Where the Lessor knows the Lessee’s default when accepting the rental, Property & facility management fees and other payment, such acceptance shall not be deemed as the Lessor’s waiver of prosecution against such defaultdealing.

Lessor’s Remedies. 25.1 In case that the event of any default occurs by Lessee under Section 11.1 hereof, Lessor may at once thereafter or at any time subsequently during the existence of such breach or default, (i) enter into and upon the Lessee fails to eliminate such circumstance within 60 days after occurrence, the Lessor might choose to: (1) request the lessee continuing fully performing its obligations hereunder; and/or (2) suspend Lessee’s use of the Property, its part or any facility; and/or (3) terminate this Contract Demised Premises or any part leased hereunder thereof and promptly recover repossess the Property or the corresponding part. Besidessame, the Lessor shall have the right to seek other remedies in law. 25.2 The Lessee agrees that, where this Contract or any part of the Property is terminated by the Lessor as per Article 25, the Lessor shall have the right to reoccupy the Property expelling and the corresponding part in any way it deems as proper, to remove the Lessee and removing therefrom all the persons and their propertiesproperty (which property may be removed and stored at the cost of, and it has for the right to use and keep in original conditions all the furnitureaccount of Lessee), devices and equipments in the Property, or to remove and store such articles, and request the Lessee to indemnify the Lessor for: (i)the due, unpaid and accumulated rental, Property & facility management fees and other payables hereunder through such date of termination; and (ii) either (a) terminate this Lease, holding Lessee for damages for Lessee’s breach (after Lessor exercises commercially reasonable efforts to mitigate its damages) or (b) without terminating this Lease, re-let the expenses incurred due Demised Premises or any part hereof upon such terms and conditions as shall appear advisable to Lessor. If Lessor elects to re-let the otherwise lease Demised Premises, and the amounts received from re-letting of the Property Demised Premises during any month or its part (including but not limited to thereof be less than the intermediary agent charges and/or commission paid by rent due and owing from Lessee during such month or part thereof under the Lessor); and (iii) costs incurred due to removal and storage terms of the properties of the Lessee and any other persons; (iv) costs for the recovery of the Property to the original conditions; and (v) all the reasonable expenses incurred to the Lessor for seeking the remedies (including the reasonable attorney’s fee and the expenses related to the arbitration and/or court). 25.3 Where the Lessor terminates this Contract for any default as per Article 25.1Lease, in additional to the compensation stipulated in Article 25.2, the Lessee shall pay such deficiency to Lessor immediately upon calculation thereof. Notwithstanding the liquidated damages to the Lessor at the amount equal to the rental and Property & facility management fees for 6 months in the year of termination. 25.4 The Lessor’s foregoing, any default (except failure to demand its rights hereunder at pay rent or any time other amount due hereunder) the curing of which shall not be interpreted as its waiver or change actually require more than thirty (30) days because of such rights or creation of such customary practice. Unless otherwise confirmed by the Lessor in writingany cause beyond Lessee’s control, the Lessor’s failure to exercise the rights shall not be deemed as its waiver cured by Lessee if Lessee shall have commenced to cure said default within the thirty (30) day period and shall thereafter have successfully prosecuted the curation of any provision herein. The Lessee and the Lessor further agree that, the Lessor’s deferral or waiver of exercise of its rights hereunder shall not be deemed as its waiver of recourse against the Lessee’s said default in future. Where the Lessor knows the Lessee’s default when accepting the rental, Property & facility management fees and other payment, such acceptance shall not be deemed as the Lessor’s waiver of prosecution against such defaultwith all due diligence.

Lessor’s Remedies. 25.1 In case that (a) Upon the occurrence of any default occurs and the Lessee fails or Event of Default under this Lease which has not been cured as permitted pursuant to eliminate such circumstance within 60 days after occurrenceSection 13.1, the Lessor might choose to: (1) request the lessee continuing fully performing its obligations hereunder; and/or (2) suspend Lessee’s use of the Property, its part or any facility; and/or (3) terminate this Contract or any part leased hereunder and promptly recover the Property or the corresponding part. Besides, the Lessor shall have the right (without an election of remedies and without in any way limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such default or Event of Default) to seek other 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 lawSection 13.1, in the event of an emergency, to 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 additional administrative burden. 25.2 The (2) Terminate this Lease, in which event Lessee agrees thatshall immediately surrender the Premises to Lessor, where and if Lessee fails to do so, Lessor may, without prejudice to any other remedy 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 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 (i) all Rent and other amounts accrued hereunder to the date of termination, (ii) all amounts due under Section 13.2(b) below and (iii) damages in an amount equal to the total Rent that Lessee would have been required to pay for the remainder of the Term discounted to present value at a discount rate reasonably designated by Lessor; or (3) Terminate Lessee’s right of possession (but not this Contract 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 removal), in which event Lessee shall pay to Lessor upon demand (i) all Rent and other amounts accrued hereunder to the date of termination of possession, (ii) all amounts due from time to time under Section 13.2(b) below, and (iii) all Rent and other sums required hereunder to be paid by Lessee during the remainder of the Term, diminished by any net sums thereafter received by Lessor through reletting the Leased Premises during said period. Reentry by Lessor in the Leased 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 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 the Property is terminated by the Lessor as per Article 25Premises, the Lessor shall have the right to reoccupy the Property and the corresponding part in any way it deems as proper, to remove the Lessee and all the persons and their properties, and it has the right to use and keep in original conditions all the furniture, devices and equipments in the Property, or to remove and store such articles, and request the Lessee to indemnify the Lessor for: (i)the due, unpaid and accumulated rental, Property & facility management fees and other payables hereunder through such date of termination; and (ii) the expenses incurred due to the otherwise lease of the Property or its part (including but not limited to the intermediary agent charges and/or commission paid by the Lessor); and (iii) costs incurred due to removal and storage of the properties of the Lessee and any other persons; (iv) costs for the recovery of the Property to the original conditions; and (v) all paying or performing the reasonable expenses incurred 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 Lessor for seeking the remedies (including the reasonable attorney’s fee and the expenses related to the arbitration and/or court)Event of Default. 25.3 Where the (c) Any self-help option granted to Lessor terminates this Contract for any default as per Article 25.1, in additional to the compensation stipulated in Article 25.2, the Lessee shall pay the liquidated damages to the Lessor at the amount equal to the rental and Property & facility management fees for 6 months in the year of termination. 25.4 The Lessor’s failure to demand its rights hereunder at any time shall not be interpreted as its waiver or change of such rights or creation of such customary practice. Unless otherwise confirmed by the Lessor in writing, the Lessor’s failure to exercise the rights shall not be deemed as its waiver of any provision herein. The Lessee and the Lessor further agree that, the Lessor’s deferral or waiver of exercise of its rights hereunder shall not release Lessee from its obligation to perform the terms, provisions, covenants and conditions set forth in this Lease and required to 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 recourse, whether or not exercised, shall be deemed to be in exclusion of any other right, remedy, or recourse. (e) As described in Section 4.3 hereof, if Lessee fails to pay any amount due hereunder, as its waiver of recourse against and when due, the Lessee’s default in future. Where amount due and unpaid shall bear interest at the Lessor knows Interest Rate from the Lessee’s default when accepting the rental, Property & facility management fees and other payment, such acceptance shall not be deemed as the Lessor’s waiver of prosecution against such defaultdate due until paid.

Lessor’s Remedies. 25.1 In case that (a) Upon the occurrence of any default occurs and the Lessee fails or Event of Default under this Lease which has not been cured as permitted pursuant to eliminate such circumstance within 60 days after occurrenceSection 13.1, the Lessor might choose to: (1) request the lessee continuing fully performing its obligations hereunder; and/or (2) suspend Lessee’s use of the Property, its part or any facility; and/or (3) terminate this Contract or any part leased hereunder and promptly recover the Property or the corresponding part. Besides, the Lessor shall have the right (without an election of remedies and without in any way limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such default or Event of Default) to seek other 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 lawSection 13.1, in the event of an emergency, to 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 additional administrative burden. 25.2 The (2) Terminate this Lease, in which event Lessee agrees thatshall immediately surrender the Premises to Lessor, where and if Lessee fails to do so, Lessor may, without prejudice to any other remedy 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 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 (i) all Rent and other amounts accrued hereunder to the date of termination, (ii) all amounts due under Section 13.2(b) below and (iii) damages in an amount equal to the total Rent that Lessee would have been required to pay for the remainder of the Term discounted to present value at a discount rate reasonably designated by Lessor; or (3) Terminate Lessee’s right of possession (but not this Contract 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 removal), in which event Lessee shall pay to Lessor upon demand (i) all Rent and other amounts accrued hereunder to the date of termination of possession, (ii) all amounts due from time to time under Section 13.2(b) below, and (iii) all Rent and other sums required hereunder to be paid by Lessee during the remainder of the Term, diminished by any net sums thereafter received by Lessor through reletting the Leased Premises during said period. Reentry by Lessor in the Leased 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 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 the Property is terminated by the Lessor as per Article 25Premises, the Lessor shall have the right to reoccupy the Property and the corresponding part in any way it deems as proper, to remove the Lessee and all the persons and their properties, and it has the right to use and keep in original conditions all the furniture, devices and equipments in the Property, or to remove and store such articles, and request the Lessee to indemnify the Lessor for: (i)the due, unpaid and accumulated rental, Property & facility management fees and other payables hereunder through such date of termination; and (ii) the expenses incurred due to the otherwise lease of the Property or its part (including but not limited to the intermediary agent charges and/or commission paid by the Lessor); and (iii) costs incurred due to removal and storage of the properties of the Lessee and any other persons; (iv) costs for the recovery of the Property to the original conditions; and (v) all paying or performing the reasonable expenses incurred 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 Lessor for seeking the remedies (including the reasonable attorney’s fee and the expenses related to the arbitration and/or court)Event of Default. 25.3 Where the (c) Any self-help option granted to Lessor terminates this Contract for any default as per Article 25.1, in additional to the compensation stipulated in Article 25.2, the Lessee shall pay the liquidated damages to the Lessor at the amount equal to the rental and Property & facility management fees for 6 months in the year of termination. 25.4 The Lessor’s failure to demand its rights hereunder at any time shall not be interpreted as its waiver or change of such rights or creation of such customary practice. Unless otherwise confirmed by the Lessor in writing, the Lessor’s failure to exercise the rights shall not be deemed as its waiver of any provision herein. The Lessee and the Lessor further agree that, the Lessor’s deferral or waiver of exercise of its rights hereunder shall not release Lessee from its obligation to perform the terms, provisions, covenants and conditions set forth in this Lease and required to 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 recourse, whether or not exercised, shall be deemed to be in exclusion of any other right, remedy, or recourse. (e) As described in Section 4.3 hereof, if Lessee fails to pay any amount due hereunder, as its waiver of recourse against and when due, the Lessee’s default in future. Where amount due and unpaid shall bear interest at the Lessor knows Interest Rate from the Lessee’s default when accepting the rental, Property & facility management fees and other payment, such acceptance shall not be deemed as the Lessor’s waiver of prosecution against such defaultdate due until paid.