Common use of LESSOR'S RIGHTS UPON DEFAULT Clause in Contracts

LESSOR'S RIGHTS UPON DEFAULT. a. If Lessee shall fail to remedy any default within the notice period, if any, as provided for in paragraph 12 hereof, then this Lease may be terminated at Lessor's written option; b. Upon default of the Lessee, the Lessee shall peacefully surrender the premises to the Lessor and the Lessor upon or at any time after such default may, without further notice, re-enter the premises and repossess it by any and all lawful means and may dispossess the Lessee and remove the Lessee and all other persons and property from the premises and may have, hold and enjoy the premises and the right to receive all rental income therefrom. Lessor's obtaining possession of the premises shall not be a termination of the lease unless Lessor gives written notice of election to terminate the lease; c. At any time after either the default of Lessee (and notice thereof is given to Lessee if required by paragraph 12 hereof) or at any time after a termination of this Lease, the Lessor may re-let the premises or any part thereof, in the name of Lessor or otherwise, for such term which may be greater or less than the period which would otherwise have constituted the balance of the term of this Lease and on such conditions which may include concession, free rent, or less rent than Lessee is required to pay, as the Lessor, in its sole discretion, may determine, and may collect and receive the rent therefrom; d. The Lessor shall in no way be responsible or liable for any failure to re-let the leased property or any part thereof, or for any failure to collect any rent due upon such re-letting; e. No entry, possession or reletting of the premises shall be deemed a termination of this Lease nor shall it be considered a release, of any of Lessee's liability under the lease; f. No termination of this Lease resulting from Lessee's default shall relieve the Lessee of its liability and obligations under this Lease (whether those obligations arise or become due before the date of termination or afterward), and such liability and obligations shall survive any such termination. g. In the event of default by Lessee, (whether or not the lease has been terminated and whether or not the leased property or any part thereof shall have been re-let) the Lessee shall pay to the Lessor the Rent, Additional Rent, common area expenses, and all other charges required to be paid by the Lessee up to the time of such termination, and thereafter the Lessee, until the end of what would have been the term of this Lease shall be liable to the Lessor for, and shall pay to the Lessor, as and for agreed "current damages" for the Lessee's default: 1. The equivalent of the amount of the Rent and Additional Rent which would be payable under this Lease by the Lessee if this lease were still in effect, less 2. The net proceeds of any re-letting of the premises effected after deducting all the Lessor's expenses in connection with such re-letting, including, without limitation, all repossession costs, brokerage commissions, legal expenses and reasonable attorney's fees; h. The Lessee shall pay such "current damages", herein called deficiency, to the Lessor monthly on the days on which the rent and additional rent would have been payable under this lease if this lease were still in effect, and as such deficiency shall arise; i. Lessor shall have the right to recover from Lessee any and all of the following: 1. The worth at the time of award of the unpaid rent which had been earned at the time of termination; 2. The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Lessee proves could have been reasonably avoided; 3. The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss that Lessee proves could be reasonably avoided; and 4. Any other amount necessary to compensate Lessor for all the detriment proximately caused by Lessee's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, any attorneys' fees, broker's commissions or finder's fees (not only in connection with the reletting of the Premises, but also that portion of any leasing commission paid by Lessor in connection with this Lease which is applicable to that portion of the Term which is unexpired as of the date on which this Lease is terminated); the then unamortized cost of any Lessee improvements constructed for or on behalf of Lessee by or at the expense of Lessor or of any moving allowance or other concession made available to Lessee and/or paid by Lessor pursuant to this Lease; any costs for repairs, clean-up, refurbishing, removal (including the repair of any damage caused by such removal) and storage (or disposal) of Lessee's personal property, equipment, fixtures, and anything else that Lessee is required (under this Lease) to remove but does not remove; any costs for alterations, additions and renovations; and any other costs and expenses, including reasonable attorneys' fees and costs incurred by Lessor in regaining possession of and reletting (or attempting to relet) the Premises.

LESSOR'S RIGHTS UPON DEFAULT. a. If Lessee the Tenant shall fail make default: A. In the payment of the rental reserved herein and such default shall continue for ten (10) days after notice in writing in the manner hereinafter provided, or B. In the observance and performance of any of the other terms, covenants and conditions of this lease, and such default shall continue for thirty (30) days after such notice, or the Tenant shall have failed to remedy any commence the rectification of such default within thirty (30) days after such notice and to diligently prosecute the notice periodsame where the same cannot be completed within thirty (30) days, if anyor C. If a petition to recognize the Tenant or for an arrangement of its unsecured debts shall be filed, as provided for in paragraph 12 hereofor D. If the Tenant shall be adjudicated a bankrupt, then this Lease may be terminated at Lessor's written option;or b. Upon default E. If a receiver or trustee of the LesseeTenant’s property be appointed by any Court, or F. If the Lessee Tenant shall peacefully surrender make a general assignment for the benefit of creditors, or G. If all interest of the Tenant in its property shall be taken by garnishment, attachment, execution or other process of law, or H. If the leased premises to shall be deserted or vacated. Then and in any such events it shall be lawful for the Lessor and the Lessor upon Lessor: A. Immediately, or at any time after such default maythereafter, without further noticenotice to Tenant, to re-enter the premises and repossess it by any and all lawful means and may dispossess the Lessee and remove the Lessee and all other persons and property from the premises and may have, hold and enjoy the premises and the right to receive all rental income therefrom. Lessor's obtaining possession of the premises shall not be a termination of the lease unless Lessor gives written notice of election to terminate the lease; c. At any time after either the default of Lessee (and notice thereof is given to Lessee if required by paragraph 12 hereof) into or at any time after a termination of this Lease, the Lessor may re-let the upon said premises or any part thereof, in the name of Lessor or otherwise, for such term which may be greater or less than the period which would otherwise have constituted the balance thereof and take possession of the same fully and absolutely without such re-entry working a forfeiture of the rents or other charges to be paid and of the covenants, terms, and conditions to be performed by the Tenant for the full term of this Lease and on such conditions which may include concession, free rent, or less rent than Lessee is required to pay, as the Lessor, in its sole discretion, may determinelease, and may collect and receive in the rent therefrom; d. The Lessor shall in no way be responsible or liable for any failure to re-let the leased property or any part thereof, or for any failure to collect any rent due upon event of such re-letting; e. No entry, possession or reletting entry the Lessor may proceed for the collection of the premises shall be deemed a termination of this Lease nor shall it be considered a release, of any of Lessee's liability under the lease; f. No termination of this Lease resulting from Lessee's default shall relieve the Lessee of its liability and obligations under this Lease (whether those obligations arise rents or become due before the date of termination or afterward), and such liability and obligations shall survive any such termination. g. In the event of default by Lessee, (whether or not the lease has been terminated and whether or not the leased property or any part thereof shall have been re-let) the Lessee shall pay to the Lessor the Rent, Additional Rent, common area expenses, and all other charges required to be paid under this lease or for the properly measured damages and for the collection of its reasonable attorney’s fees; or X. Xxxxxx may at its election terminate this lease upon written notice in the manner hereinafter provided and re-enter said premises as of its former estate therein and the Tenant covenants in case of such termination to indemnify the Lessor against all loss of rents and expense which the Lessor has suffered or paid by the Lessee up to the time reason of such termination, during the residue of the term; or C. The Lessor shall further have all other rights and thereafter remedies including injunctive relief, ejectment or summary proceedings in the Lesseeunlawful detainer, until the end of what would have been the term of this Lease and any or all legal remedies, actions and proceedings and all such shall be liable to the Lessor for, cumulative and shall pay to the Lessor, as and for agreed "current damages" for the Lessee's default: 1. The equivalent of the amount of the Rent and Additional Rent which would be payable under this Lease by the Lessee if this lease were still in effect, less 2. The net proceeds of any re-letting of the premises effected after deducting all the Lessor's expenses in connection with such re-letting, including, without limitation, all repossession costs, brokerage commissions, legal expenses and reasonable attorney's fees; h. The Lessee shall pay such "current damages", herein called deficiency, to the Lessor monthly on the days on which the rent and additional rent would have been payable under this lease if this lease were still in effect, and as such deficiency shall arise; i. provided further that Lessor shall have the right be entitled to recover from Lessee any and all of the following: 1. The worth at the time of award of the unpaid rent which had been earned at the time of termination; 2. The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Lessee proves could have been reasonably avoided; 3. The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss that Lessee proves could be reasonably avoided; and 4. Any other amount necessary to compensate Lessor for all the detriment proximately caused by Lessee's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, any attorneys' fees, broker's commissions or finder's reasonable attorneys fees (not only incurred in connection with the reletting of the Premises, but also that portion institution of any leasing commission paid by Lessor in connection with this Lease which is applicable to that portion of the Term which is unexpired as of the date on which this Lease is terminated); the then unamortized cost of any Lessee improvements constructed for or on behalf of Lessee by or at the expense of Lessor or of any moving allowance or other concession made available to Lessee and/or paid by Lessor pursuant to this Lease; any costs for repairs, clean-up, refurbishing, removal (including the repair of any damage caused by such removal) and storage (or disposal) of Lessee's personal property, equipment, fixtures, and anything else that Lessee is required (under this Lease) to remove but does not remove; any costs for alterations, additions and renovations; and any other costs and expenses, including reasonable attorneys' fees and costs incurred by Lessor in regaining possession of and reletting (or attempting to relet) the Premisesproceedings.

LESSOR'S RIGHTS UPON DEFAULT. a. If Lessee the Tenant shall fail make default: A. In the payment of the rental reserved herein and such default shall continue for ten (10) days after notice in writing in the manner hereinafter provided, or B. In the observance and performance of any of the other terms, covenants and conditions of this lease, and such default shall continue for thirty (30) days after such notice, or the Tenant shall have failed to remedy any commence the rectification of such default within thirty (30) days after such notice and to diligently prosecute the notice periodsame where the same cannot be completed within thirty (30) days, if anyor C. If a petition to recognize the Tenant or for an arrangement of its unsecured debts shall be filed, as provided for in paragraph 12 hereofor D. If the Tenant shall be adjudicated a bankrupt, then this Lease may be terminated at Lessor's written option;or b. Upon default E. If a receiver or trustee of the LesseeTenant’s property be appointed by any Court, or F. If the Lessee Tenant shall peacefully surrender make a general assignment for the benefit of creditors, or G. If all interest of the Tenant in its property shall be taken by garnishment, attachment, execution or other process of law, or H. If the leased premises to shall be deserted or vacated. Then and in any such events it shall be lawful for the Lessor and the Lessor upon Lessor: A. Immediately, or at any time after such default maythereafter, without further noticenotice to Tenant, to re-enter the premises and repossess it by any and all lawful means and may dispossess the Lessee and remove the Lessee and all other persons and property from the premises and may have, hold and enjoy the premises and the right to receive all rental income therefrom. Lessor's obtaining possession of the premises shall not be a termination of the lease unless Lessor gives written notice of election to terminate the lease; c. At any time after either the default of Lessee (and notice thereof is given to Lessee if required by paragraph 12 hereof) into or at any time after a termination of this Lease, the Lessor may re-let the upon said premises or any part thereof, in the name of Lessor or otherwise, for such term which may be greater or less than the period which would otherwise have constituted the balance thereof and take possession of the same fully and absolutely without such re-entry working a forfeiture of the rents or other charges to be paid and of the covenants, terms, and conditions to be performed by the Tenant for the full term of this Lease and on such conditions which may include concession, free rent, or less rent than Lessee is required to pay, as the Lessor, in its sole discretion, may determinelease, and may collect and receive in the rent therefrom; d. The Lessor shall in no way be responsible or liable for any failure to re-let the leased property or any part thereof, or for any failure to collect any rent due upon event of such re-letting; e. No entry, possession or reletting entry the Lessor may proceed for the collection of the premises shall be deemed a termination of this Lease nor shall it be considered a release, of any of Lessee's liability under the lease; f. No termination of this Lease resulting from Lessee's default shall relieve the Lessee of its liability and obligations under this Lease (whether those obligations arise rents or become due before the date of termination or afterward), and such liability and obligations shall survive any such termination. g. In the event of default by Lessee, (whether or not the lease has been terminated and whether or not the leased property or any part thereof shall have been re-let) the Lessee shall pay to the Lessor the Rent, Additional Rent, common area expenses, and all other charges required to be paid under this lease or for the properly measured damages and for the collection of its reasonable attorneys fees; or X. Xxxxxx may at its election terminate this lease upon written notice in the manner hereinafter provided and re-enter said premises as of its former estate therein and the Tenant covenants in case of such termination to indemnify the Lessor against all loss of rents and expense which the Lessor has suffered or paid by the Lessee up to the time reason of such termination, during the residue of the term; or C. The Lessor shall further have all other rights and thereafter remedies including injunctive relief, ejectment or summary proceedings in the Lesseeunlawful detainer, until the end of what would have been the term of this Lease and any or all legal remedies, actions and proceedings and all such shall be liable to the Lessor for, cumulative and shall pay to the Lessor, as and for agreed "current damages" for the Lessee's default: 1. The equivalent of the amount of the Rent and Additional Rent which would be payable under this Lease by the Lessee if this lease were still in effect, less 2. The net proceeds of any re-letting of the premises effected after deducting all the Lessor's expenses in connection with such re-letting, including, without limitation, all repossession costs, brokerage commissions, legal expenses and reasonable attorney's fees; h. The Lessee shall pay such "current damages", herein called deficiency, to the Lessor monthly on the days on which the rent and additional rent would have been payable under this lease if this lease were still in effect, and as such deficiency shall arise; i. provided further that Lessor shall have the right be entitled to recover from Lessee any and all of the following: 1. The worth at the time of award of the unpaid rent which had been earned at the time of termination; 2. The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Lessee proves could have been reasonably avoided; 3. The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss that Lessee proves could be reasonably avoided; and 4. Any other amount necessary to compensate Lessor for all the detriment proximately caused by Lessee's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, any attorneys' fees, broker's commissions or finder's reasonable attorneys fees (not only incurred in connection with the reletting of the Premises, but also that portion institution of any leasing commission paid by Lessor in connection with this Lease which is applicable to that portion of the Term which is unexpired as of the date on which this Lease is terminated); the then unamortized cost of any Lessee improvements constructed for or on behalf of Lessee by or at the expense of Lessor or of any moving allowance or other concession made available to Lessee and/or paid by Lessor pursuant to this Lease; any costs for repairs, clean-up, refurbishing, removal (including the repair of any damage caused by such removal) and storage (or disposal) of Lessee's personal property, equipment, fixtures, and anything else that Lessee is required (under this Lease) to remove but does not remove; any costs for alterations, additions and renovations; and any other costs and expenses, including reasonable attorneys' fees and costs incurred by Lessor in regaining possession of and reletting (or attempting to relet) the Premisesproceedings.

LESSOR'S RIGHTS UPON DEFAULT. a. (a) If Lessee shall fail to remedy any default of Lessee within the notice cure period, if any, as provided for in paragraph Section 12 hereof, then this Lease may be terminated at Lessor's option by written optionnotice to Lessee; b. (b) Upon default of Lessee that is not cured within the Lesseeapplicable cure period, the Lessee shall peacefully surrender the premises to the Lessor and the Lessor upon or at any time after such default may, without further notice, re-enter the premises and repossess it by any and all lawful means and may dispossess the Lessee and remove the Lessee and all other persons and property from the premises and may have, hold and enjoy the premises and the right to receive all rental income therefrom. Lessor's obtaining possession of the premises shall not be a termination of the lease Lease unless Lessor gives written notice to Lessee of its election to terminate the leasethis Lease; c. (c) At any time after either the default of Lessee (and notice thereof that is given to Lessee if required by paragraph 12 hereof) or at any time after a termination of this Leasenot cured within the applicable cure period, the Lessor may re-let the premises or any part thereof, in the name of Lessor or otherwiseLessor, for such term which may be greater or less than the period which would otherwise have constituted the balance of the term of this Lease Term and on such conditions which may include concession, free rent, or less rent than Lessee is required to pay, as the Lessor, in its sole reasonable discretion, may determine, and may collect and receive the rent therefrom; d. The (d) Lessor shall in no way be responsible or liable for any failure to re-let the leased property premises or any part thereof, or for any failure to collect any rent due upon such re-re- letting; e. (e) No entry, possession or reletting relenting of the premises shall be deemed a termination of this Lease nor shall it be considered a release, release of any of Lessee's liability under the lease; f. (f) No termination of this Lease resulting from Lessee's default shall relieve the Lessee of its liability and obligations under this Lease (whether those obligations arise or become due before the date of termination or afterward), and such liability and obligations shall survive any such termination.; g. (g) In the event of default by Lessee, Lessee (whether or not the lease this Lease has been terminated and whether or not the leased property premises or any part thereof shall have been re-let) the ), Lessee shall pay to the Lessor the Rentrent, Additional Rent, common area expensesadditional rent, and all other charges required to be paid by the Lessee up to the time of such termination, and thereafter the Lessee, until the end of what would have been the term of this Lease Term shall be liable to the Lessor for, and shall pay to the Lessor, as and for agreed "current damages" for the Lessee's default: 1. The equivalent of the amount of the Rent rent and Additional Rent additional rent which would be payable under this Lease by the Lessee if this lease Lease were still in effect, less 2. The net proceeds of any re-letting of the premises effected after deducting all the Lessor's reasonable expenses in connection with such re-letting, including, without limitation, all repossession costs, brokerage commissions, legal expenses and reasonable attorney's fees; h. The (h) Lessee shall pay such "current damages", herein called deficiency, to the Lessor monthly on the days on which the rent and additional rent would have been payable under this lease Lease if this lease Lease were still in effect, and as such deficiency shall arise; i. (i) Alternatively to paragraph (g), Lessor shall have the right to recover from Lessee any and all of the following: 1. The worth at the time of award of the unpaid rent which had been earned at the time of termination; 2. The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Lessee proves could have been reasonably avoided; 3. The worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of rental loss that Lessee proves could be reasonably avoided; and 4. Any (j) The Lessor shall have the right to recover from Lessee any and all of the following: Airy other amount necessary to compensate Lessor for all the detriment proximately caused by Lessee's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, any attorneys' fees, broker's commissions or finder's fees (not only in connection with the reletting of the Premises, but also that portion of any leasing commission paid by Lessor in connection with this Lease which is applicable to that portion of the Term which is unexpired as of the date on which this Lease is terminated); the then unamortized cost of any Lessee improvements constructed for or on behalf of Lessee by or at the expense of Lessor or of any moving allowance or other concession made available to Lessee and/or paid by Lessor pursuant to this Lease; any costs for repairs, clean-up, refurbishing, removal (including the repair of any damage caused by such removal) and storage (or disposal) of Lessee's personal property, equipment, fixtures, and anything else that Lessee is required (under this Lease) to remove but does not remove; any costs for alterations, additions and renovations; and any other costs and expenses, including reasonable attorneys' fees and costs incurred by Lessor in regaining possession of and reletting (or attempting to relet) the Premises. (k) Nothing herein contained shall limit or prejudice the right of the Lessor to prove for and obtain as damages by reason of such termination an amount equal to the maximum allowed by law, whether or not such amount be greater, equal to, or less than the amount of the difference referred to above; (1) If the net proceeds of any reletting of the premises after deductions exceeds the amount due under this Lease, any excess shall belong to Lessor and Lessee shall have no claim to the same; (m) The remedies of the Lessor are, at Lessor's option, cumulative and not in the alternative. The remedies set forth herein shall not limit any other remedies to which the Lessor may be entitled. (n) Nothing in this Lease shall be construed as relieving Lessor of any duty which it may have tinder laws to mitigate its damages in connection with any default or breach on the part of Lessee or as allowing Lessor to recover any damages which could have been reasonably mitigated. In exercising its rights and remedies under this Lease in response to a default or breach on the part of Lessee, Lessor shall, in every instance, be required to act reasonably and in accordance with prudent business practices.

LESSOR'S RIGHTS UPON DEFAULT. a. If Lessee That if the Tenant shall fail default in any manner including the below: A. In the payment of the rental reserved herein and such default shall continue for ten (10) days after notice in writing in the manner hereinafter provided, or B. In the observance and performance of any of the other terms, covenants and conditions of this lease, and such default shall continue for thirty (30) days after such notice, or the Tenant shall have failed to remedy any commence the rectification of such default within thirty (30) days after such notice and to diligently prosecute the notice periodsame where the same cannot be completed within thirty (30) days, if anyor C. If a petition to recognize the Tenant or for an arrangement of its unsecured debts shall be filed, as provided or D. If the Tenant shall be adjudicated a bankrupt, or E. If a receiver of Trustee of the Tenant's Property be appointed by a Court, or F. If the Tenant shall make a general assignment for the benefit of creditors, or G. If all interest of the Tenant in paragraph 12 hereofits property shall be taken by garnishment, attachment, execution or other process of law, or H. If the leased premises shall be abandoned, then this Lease may and in any such events, it shall be terminated at Lessor's written option; b. Upon default of the Lessee, the Lessee shall peacefully surrender the premises to lawful for the Lessor and the Lessor upon to: 1. Immediately, or at any time after such default maythereafter, without further noticenotice to Tenant, re-to re- enter the premises and repossess it by any and all lawful means and may dispossess the Lessee and remove the Lessee and all other persons and property from the premises and may have, hold and enjoy the premises and the right to receive all rental income therefrom. Lessor's obtaining possession of the premises shall not be a termination of the lease unless Lessor gives written notice of election to terminate the lease; c. At any time after either the default of Lessee (and notice thereof is given to Lessee if required by paragraph 12 hereof) into or at any time after a termination of this Lease, the Lessor may re-let the upon said premises or any part thereof, in the name of Lessor or otherwise, for such term which may be greater or less than the period which would otherwise have constituted the balance thereof and take possession of the same fully and absolutely without such re-entry working a forfeiture of the rents or other charges to be paid and of the covenants, terms and conditions to be performed by the Tenant for the full term of this Lease and on such conditions which may include concession, free rent, or less rent than Lessee is required to pay, as the Lessor, in its sole discretion, may determinelease, and may collect and receive in the rent therefrom; d. The Lessor shall in no way be responsible or liable for any failure to re-let the leased property or any part thereof, or for any failure to collect any rent due upon event of such re-letting; e. No entry, possession or reletting entry the lessor may proceed for the collection of the premises shall be deemed a termination of this Lease nor shall it be considered a release, of any of Lessee's liability under the lease; f. No termination of this Lease resulting from Lessee's default shall relieve the Lessee of its liability and obligations under this Lease (whether those obligations arise rents or become due before the date of termination or afterward), and such liability and obligations shall survive any such termination. g. In the event of default by Lessee, (whether or not the lease has been terminated and whether or not the leased property or any part thereof shall have been re-let) the Lessee shall pay to the Lessor the Rent, Additional Rent, common area expenses, and all other charges required to be paid under this lease or for the properly measured damages and for the collection of its reasonable attorneys' fees; or 2. Lessor may at its election terminate this lease upon written notice in the manner hereinafter provided and re-enter said premises as of its former estate therein and the Tenant covenants in case of such termination to indemnify the lessor against all loss of rents and expense which the Lessor has suffered or paid by the Lessee up to the time reason of such termination, and thereafter during the Lessee, until the end of what would have been the term of this Lease shall be liable to the Lessor for, and shall pay to the Lessor, as and for agreed "current damages" for the Lessee's default: 1. The equivalent residue of the amount of the Rent and Additional Rent which would be payable under this Lease by the Lessee if this lease were still in effect, less 2. The net proceeds of any re-letting of the premises effected after deducting all the Lessor's expenses in connection with such re-letting, including, without limitation, all repossession costs, brokerage commissions, legal expenses and reasonable attorney's fees; h. The Lessee shall pay such "current damages", herein called deficiency, to the Lessor monthly on the days on which the rent and additional rent would have been payable under this lease if this lease were still in effect, and as such deficiency shall arise; i. Lessor shall have the right to recover from Lessee any and all of the following: 1. The worth at the time of award of the unpaid rent which had been earned at the time of termination; 2. The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Lessee proves could have been reasonably avoided;term; or 3. The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss that Lessee proves could be reasonably avoided; and 4. Any Lessor shall further have all other amount necessary to compensate Lessor for all the detriment proximately caused by Lessee's failure to perform its obligations under this Lease rights and remedies including injunctive relief, ejectment or which summary proceedings in the ordinary course of things would unlawful detainer, and any or all legal remedies, actions and proceedings and all such shall be likely cumulative and provided further that Lessor shall be entitled to result therefrom, including, but not limited to, any its reasonable attorneys' fees, broker's commissions or finder's fees (not only incurred in connection with the reletting of the Premises, but also that portion institution of any leasing commission paid by Lessor in connection with this Lease which is applicable to that portion of the Term which is unexpired as of the date on which this Lease is terminated); the then unamortized cost of any Lessee improvements constructed for or on behalf of Lessee by or at the expense of Lessor or of any moving allowance or other concession made available to Lessee and/or paid by Lessor pursuant to this Lease; any costs for repairs, clean-up, refurbishing, removal (including the repair of any damage caused by such removal) and storage (or disposal) of Lessee's personal property, equipment, fixtures, and anything else that Lessee is required (under this Lease) to remove but does not remove; any costs for alterations, additions and renovations; and any other costs and expenses, including reasonable attorneys' fees and costs incurred by Lessor in regaining possession of and reletting (or attempting to relet) the Premisesproceedings.

LESSOR'S RIGHTS UPON DEFAULT. a. (a) If Lessee shall fail to remedy any default of Lessee within the notice cure period, if any, as provided for in paragraph Section 12 hereof, then this Lease may be terminated at Lessor's option by ,written option;notice to Lessee: b. (b) Upon default of Lessee that is not cured within the Lesseeapplicable cure period, the Lessee shall peacefully surrender the premises to the Lessor and the Lessor upon or at any time after such default may, without further notice, re-enter the premises and repossess it by any and all lawful means and may dispossess the Lessee and remove the Lessee and all other persons and property from the premises and may have, hold and enjoy the premises and the right to receive all rental income therefrom. Lessor's obtaining possession of the premises shall not be a termination of the lease Lease unless Lessor lessor gives written notice to Lessee of its election to terminate the lease;this Lease. c. (c) At any time after either the default of Lessee (and notice thereof that is given to Lessee if required by paragraph 12 hereof) or at any time after a termination of this Lease, not cured within the applicable cure period Lessor may re-let the premises or any part thereof, in the name of Lessor or otherwiseLessor, for such term which may be greater or less than the period which would otherwise have constituted the balance of the term of this Lease Term and on such conditions which may include concession, free rent, _ or less rent than Lessee is required to pay, as the Lessor, in its sole reasonable discretion, may determine, and may collect and receive the rent therefrom; d. The (d) Lessor shall in no way be responsible or liable for any failure to re-let the leased property premises or any part thereof, or for any failure to collect any rent due upon such re-re- letting; e. (e) No entry, possession or reletting relenting of the premises shall be deemed a termination of this Lease nor shall it be considered a release, release of any of Lessee's liability under the lease; f. (f) No termination of this Lease resulting from Lessee's Xxx'x default shall relieve the Lessee of its liability and obligations under this Lease (whether those obligations arise or become due before the date of termination or afterward), and such liability and obligations shall survive any such termination.termination : g. (g) In the event of default by Lessee, Lessee (whether or not the lease this Lease has been terminated and whether or not the leased property premises or any part thereof shall have been re-let) the ). Lessee shall pay to lessor the Lessor the Rentrent, Additional Rent, common area expensesadditional rent, and all other charges required to be paid by the Lessee up to the time of such termination, and thereafter the Lessee, until the end of what would have been the term of this Lease Term shall be liable to the Lessor for, and shall pay to the Lessor, as and for agreed "current damages" for the Lessee's default: 1. The equivalent of the amount of the Rent rent and Additional Rent additional rent which would be payable under this Lease by the Lessee if this lease Lease were still in effect, less 2. The net proceeds of any re-letting of the premises effected after deducting all the Lessor's reasonable expenses in connection with such re-letting, letting including, without limitation, all repossession costs, brokerage commissions, legal expenses and reasonable attorney's fees; h. The (h) Lessee shall pay such "current damages", herein called deficiency, to the Lessor monthly on the days on which the rent and additional rent would have been payable under this lease Lease if this lease Lease were still in effect, . and as such deficiency shall arise;: i. (i) Alternatively to paragraph (g), Lessor shall have the right to recover from Lessee any and all of the following: 1. The worth at the time of award of the unpaid rent which had been earned at the time of termination; 2. The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Lessee proves could have been reasonably avoided; 3. The worth at the time of award of the amount by which the unpaid rent for the balance of the term Term after the time of award exceeds the amount of rental loss that Lessee proves could be reasonably avoided; , and 4(j) The Lessor shall have the right to recover from Lessee any and all of the following. Any other amount necessary to compensate Lessor for all the detriment proximately caused by Lessee's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, any attorneys' fees, . broker's commissions or finder's fees (not only in connection with the reletting of the Premises, but also that portion of any leasing commission paid by Lessor in connection with this Lease which is applicable to that portion of the Term which is unexpired as of the date on which this Lease is terminated); the then unamortized cost of any Lessee improvements impravements constructed for or on behalf of Lessee by or at the expense of Lessor or of any moving allowance or other concession made available to Lessee and/or paid by Lessor pursuant to this Lease; any costs for repairs, clean-up, refurbishing, removal (including the repair of any damage caused by such removal) and storage (or disposal) of Lessee's personal property, equipment, fixtures, and anything else that Lessee is required (under this Lease) to remove but does not remove; , any costs for alterations, additions and renovations; and any other costs and expenses, including reasonable attorneys' fees and costs incurred by Lessor in regaining possession of and reletting (or attempting to relet) the Premises. (k) Nothing herein contained shall limit or prejudice the right of the Lessor to prove for and obtain as damages by reason of such termination an amount equal to the maximum allowed by law, whether or not such amount be greater, equal to, or less than the amount of the difference referred to above; (l) If the net pros of any reletting of the premises after deductions exceeds the amount due under this Lease, any excess shall belong to Lessor and Lessee shall have no claim to the same; (m) The remedies of the Lessor are, at Lessor's option, cumulative and not in the alternative. The remedies set forth herein shall not limit anv other remedies to which the Lessor may be entitled (n) Nothing in this Lease shall be construed as relieving Lessor of any duty which it may have under laws to mitigate its damages in connection with any default or breach on the part of Lessee or as allowing Lessor to recover any damages which could have been reasonably mitigated. In exercising its rights and remedies under this Lease in response to a default or breach on the part of Lessee, Lessor shall, in every instance, be required to act reasonably and in accordance with prudent business practices.

LESSOR'S RIGHTS UPON DEFAULT. a. If the Premises shall be deserted or vacated for more than seven (7) consecutive days (which in any event Lessee covenants that the insurance herein provided shall fail to remedy be maintained in full force and effect) or if bankruptcy or insolvency proceedings are commenced against or by Lessee in any default within court, or if proceedings are commenced for the notice periodappointment of a Trustee or Receiver of Lessee's property, or if any, as provided for in paragraph 12 hereof, then this Lease may be terminated at Lessor's written option; b. Upon default of the Lessee, the Lessee there shall peacefully surrender the premises to the Lessor and the Lessor upon or at any time after such default may, without further notice, re-enter the premises and repossess it by any and all lawful means and may dispossess the Lessee and remove the Lessee and all other persons and property from the premises and may have, hold and enjoy the premises and the right to receive all rental income therefrom. Lessor's obtaining possession of the premises shall not be a termination of the lease unless Lessor gives written notice of election to terminate the lease; c. At any time after either the default of Lessee (and notice thereof is given to Lessee if required by paragraph 12 hereof) or at any time after a termination of this Lease, the Lessor may re-let the premises or any part thereof, in the name payment of Lessor or otherwise, for such term which may be greater or less than the period which would otherwise have constituted the balance of the term of this Lease and on such conditions which may include concession, free rent, or less rent than Lessee is required to pay, as the Lessor, in its sole discretion, may determine, and may collect and receive the rent therefrom; d. The Lessor shall in no way be responsible or liable for any failure to re-let the leased property or any part thereof, or other payment due hereunder, for any failure more than ten (10) days after written notice of such default is given by Lessor to collect any rent due upon such re-letting; e. No entryLessee, possession or reletting of the premises if there shall be deemed a termination of this Lease nor shall it be considered a release, default in the performance of any other covenant, agreement or condition herein contained on the part of Lessee's liability under the lease; f. No termination of this Lease resulting from Lessee's default shall relieve the Lessee of its liability and obligations under this Lease for more than thirty (whether those obligations arise or become due before the date of termination or afterward)30) days after written notice by Lessor, and such liability and obligations shall survive any such termination. g. In the event of default by Lessee, (whether or not the lease has been terminated and whether or not the leased property or any part thereof shall have been re-let) the Lessee shall pay to the Lessor the Rent, Additional Rent, common area expenses, and all other charges required to be paid by the Lessee up to the time of such termination, and thereafter the Lessee, until the end of what would have been the term of this Lease shall thereupon be liable to the Lessor forterminated at Lessor's option, and shall pay to the Lessor, as and for agreed "current damages" for the Lessee's default: 1. The equivalent of the amount of the Rent and Additional Rent which would be payable under this Lease by the Lessee if this lease were still in effect, less 2. The net proceeds of any re-letting of the premises effected after deducting all the Lessor's expenses in connection with such re-letting, including, without limitation, all repossession costs, brokerage commissions, legal expenses and reasonable attorney's fees; h. The Lessee shall pay such "current damages", herein called deficiency, to the Lessor monthly on the days on which the rent and additional rent would have been payable under this lease if this lease were still in effect, and as such deficiency shall arise; i. Lessor shall have the right to recover from re-enter or repossess the Premises and dispossess and remove therefrom Lessee, or other occupants thereof, and their effects, without being liable for any prosecution therefor. In such case, Lessor may, at Lessor's option, relet the Premises or any part thereof, as the agent of Lessee, and Lessee any shall pay the difference between the rent and all other costs and charges herein reserved and agreed to be paid by Lessee for the portion of the following: 1. The worth term remaining at the time of award of re-entry or repossession and the unpaid rent which had been earned at the time of termination; 2. The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of amount, if any, received or to be received under such rental loss that Lessee proves could have been reasonably avoided; 3. The worth at the time of award of the amount by which the unpaid rent reletting for the balance of the term after the time of award exceeds the amount of rental loss that Lessee proves could be reasonably avoided; and 4. Any other amount necessary to compensate Lessor for all the detriment proximately caused by Lessee's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, any attorneys' fees, broker's commissions or finder's fees (not only in connection with the reletting of the Premises, but also that portion of any leasing commission paid by Lessor in connection with this Lease which is applicable to that such portion of the Term which is unexpired as of the date on which term. Should this Lease is terminated); be placed in the then unamortized cost hands of an attorney for default or breach, or for the enforcement of any rights herein reserved or stipulated, Lessee improvements constructed for or on behalf of Lessee by or at the expense of Lessor or of any moving allowance or other concession made available agrees to Lessee and/or paid by Lessor pursuant to this Lease; any pay all costs for repairs, clean-up, refurbishing, removal (including the repair of any damage caused by such removal) and storage (or disposal) of Lessee's personal property, equipment, fixtures, and anything else that Lessee is required (under this Lease) to remove but does not remove; any costs for alterations, additions and renovations; and any other costs and expensesincident thereto, including reasonable attorneys' fees and costs incurred by Lessor in regaining possession of and reletting (or attempting to relet) the Premisesfees.