Common use of NON-PAYMENT OF RENT, DEFAULTS Clause in Contracts

NON-PAYMENT OF RENT, DEFAULTS. If any one or more of the following occurs: (1) a rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than ten (10) days after same is due and payable; (2) Tenant shall violate or default on any of the other covenants, agreements, stipulations or conditions herein, or in any parking agreement(s) or other agreements between Landlord and Tenant relating to the Premises, and such violation or default shall continue for a period of thirty (30) days after written notice from Landlord of such violation or default or within such reasonable period of time thereafter as may be necessary to cure such default where such default is of such a character as to reasonably require more than thirty (30) days to cure, but no more than ninety (90) days total; (3) if Tenant shall commence or have commenced against Tenant proceedings under a bankruptcy, receivership, insolvency or similar type of action and not discharge or dismiss the same within ninety (90) days thereafter; then it shall be optional for Landlord, without further notice or demand, to cure such default or to declare this Lease Agreement forfeited and the said Term ended, or to terminate only Tenant’s right to possession of the Premises, and to re-enter the Premises, with or without process of law, using such force as may be necessary to remove all persons or chattels therefrom, and Landlord shall not be liable for damages by reason of such re-entry or forfeiture; but notwithstanding re-entry by Landlord or termination only of Tenant’s right to possession of the Premises, the liability of Tenant for the rent and all other sums provided herein shall not be relinquished or extinguished for the balance of the Term of this Lease Agreement and Landlord shall be entitled to periodically xxx Tenant for all sums due under this Lease Agreement or which become due prior to judgment, but such suit shall not bar subsequent suits for any further sums coming due thereafter. Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, reletting (including related cost of removal or modification of tenant improvements) or cure as well as reasonable attorney’s fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises, or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the payment of a late charge in the amount of five percent (5%) of the rental installment or other sum due Landlord hereunder if said payment has not been received within ten (10) days from the date said payment becomes due and payable, or cleared by Landlord’s bank within three (3) business days after deposit. Tenant agrees to pay interest at the rate of twelve percent (12%) per annum or the maximum permissible rate under the applicable usury statutes, whichever is less, on all rentals and other sums due Landlord hereunder not paid within ten (10) days from the date same become due and payable. Each right or remedy of Landlord provided for in this Lease Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwise. Any other provision in this Lease to the contrary notwithstanding, Tenant shall remain entitled to any and all rights and remedies that may be available to it pursuant to Minnesota unlawful detainer, eviction, ejectment and similar laws.

NON-PAYMENT OF RENT, DEFAULTS. If any one or more of the following occurs: (1) a rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than ten (10) days after same is due and payable; (2) Tenant shall violate or default on any of the other covenants, agreements, stipulations or conditions herein, or in any parking agreement(s) or other agreements between Landlord and Tenant relating to the Premises, and such violation or default shall continue for a period of thirty ten (3010) days after written notice from Landlord of such violation or default or within such reasonable period of time thereafter as may be necessary to cure such default where such default is of such a character as to reasonably require more than thirty (30) days to cure, but no more than ninety (90) days totaldefault; (3) if Tenant shall commence or have commenced against Tenant proceedings under a bankruptcy, receivership, insolvency or similar type of action and not discharge action; or dismiss (4) if Tenant shall vacate any substantial portion of the same within ninety (90) days thereafterPremises for a period of more than 15 days; then it shall be optional for Landlord, without further notice or demand, to cure such default or to declare this Lease Agreement forfeited and the said Term ended, or to terminate only Tenant’s 's right to possession of the Premises, and to re-enter the Premises, with or without process of law, using such force as may be necessary to remove all persons or chattels therefrom, and Landlord shall not be liable for damages by reason of such re-entry or forfeiture; but notwithstanding re-entry by Landlord or termination only of Tenant’s 's right to possession of the Premises, the liability of Tenant for the rent and all other sums provided herein shall not be relinquished or extinguished for the balance of the Term of this Lease Agreement and Landlord shall be entitled to periodically xxx Tenant for all sums due under this Lease Agreement or which become due prior to judgment, but such suit shall not bar subsequent suits for any further sums coming due thereafter. Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, reletting (including related cost of removal or modification of tenant improvements) or cure as well as reasonable attorney’s 's fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises, or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the payment of a late charge in the amount of five percent (5%) 10% of the rental installment or other sum due Landlord hereunder if said payment has not been received within ten (10) days from the date said payment becomes due and payable, or cleared by Landlord’s 's bank within three (3) business days after deposit. Tenant agrees to pay interest at the highest permissible rate of twelve percent (12%) per annum or the maximum permissible rate interest allowed under the applicable usury statutesstatutes of the State of Minnesota, whichever or in case no such maximum rate of interest is lessprovided, at the rate of 12% per annum, on all rentals and other sums due Landlord hereunder not paid within ten (10) days from the date same become due and payable. Each right or remedy of Landlord provided for in this Lease Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwise. Any other provision in this Lease to the contrary notwithstanding, Tenant shall remain entitled to any and all rights and remedies that may be available to it pursuant to Minnesota unlawful detainer, eviction, ejectment and similar laws.

NON-PAYMENT OF RENT, DEFAULTS. If any one or more of the following occurs: (1) a rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than ten (10) days after same is due and payable; (2) Tenant shall violate or default on any of the other covenants, agreements, stipulations or conditions herein, or in any parking agreement(s) or other agreements between Landlord and Tenant relating to the Premises, and such violation or default shall continue for a period of thirty ten (3010) days after written notice from Landlord of such violation or default or within such reasonable period of time thereafter as may be necessary to cure such default where such default is of such a character as to reasonably require more than thirty (30) days to cure, but no more than ninety (90) days totaldefault; (3) if Tenant shall commence or have commenced against Tenant proceedings under a bankruptcy, receivership, insolvency or similar type of action and not discharge action; or dismiss (4) if Tenant shall vacate any substantial portion of the same within ninety (90) days thereafterPremises for a period of more than 15 days; then it shall be optional for Landlord, without further notice or demand, to cure such default or to declare this Lease Agreement forfeited and the said Term ended, or to terminate only Tenant’s right to possession of the Premises, and to re-enter re‑enter the Premises, with or without process of law, using such force as may be necessary to remove all persons or chattels therefrom, and Landlord shall not be liable for damages by reason of such re-entry re‑entry or forfeiture; but notwithstanding re-entry re‑entry by Landlord or termination only of Tenant’s right to possession of the Premises, the liability of Tenant for the rent and all other sums provided herein shall not be relinquished or extinguished for the balance of the Term of this Lease Agreement and Landlord shall be entitled to periodically xxx sxx Tenant for all sums due under this Lease Agreement or which become due prior to judgment, but such suit shall not bar subsequent suits for any further sums coming due thereafter. Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, reletting (including related cost of removal or modification of tenant improvements) or cure as well as reasonable attorney’s fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises, or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the payment of a late charge in the amount of five percent (5%) 10% of the rental installment or other sum due Landlord hereunder if said payment has not been received within ten (10) days from the date said payment becomes due and payable, or cleared by Landlord’s bank within three (3) business days after deposit. Tenant agrees to pay interest at the highest permissible rate of twelve percent (12%) per annum or the maximum permissible rate interest allowed under the applicable usury statutesstatutes of the State of Minnesota, whichever or in case no such maximum rate of interest is lessprovided, at the rate of 12% per annum, on all rentals and other sums due Landlord hereunder not paid within ten (10) days from the date same become due and payable. Each right or remedy of Landlord provided for in this Lease Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwise. Any other provision in this Lease to the contrary notwithstanding, Tenant shall remain entitled to any and all rights and remedies that may be available to it pursuant to Minnesota unlawful detainer, eviction, ejectment and similar laws.

NON-PAYMENT OF RENT, DEFAULTS. If any one or more of the following occurs: (1) a rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than ten (10) days after following written notice by Landlord to Tenant of non-payment, except that if Landlord has given one (1) or more of such notices within the preceding twelve (12) month period, no such prior notice need be given by Landlord and Tenant shall be in default under this Lease Agreement if the payment is not made by Tenant within ten (10) days of the date the same is due and payable; (2) Tenant shall violate or default on any of the other covenants, agreements, stipulations or conditions herein, or in any parking agreement(s) or other agreements between Landlord and Tenant relating to the Premises, and such violation or default shall continue for a period of thirty (30) days (or such longer period of time, not to exceed an additional sixty (60) days, as is reasonable under the circumstances if the violation or default is of the type that cannot reasonably be cured within thirty (30) days and Tenant promptly commences such cure and at all time diligently pursues same) after written notice from Landlord of such violation or default default; or within such reasonable period of time thereafter as may be necessary to cure such default where such default is of such a character as to reasonably require more than thirty (30) days to cure, but no more than ninety (90) days total; (3) if Tenant shall commence or have commenced against Tenant proceedings under a bankruptcy, receivership, insolvency or similar type of action and not discharge or dismiss action, provided, however, in the same within ninety case of any involuntary proceedings, Tenant shall have a period of sixty (9060) days thereafterto have such proceedings dismissed; then it shall be optional for Landlord, without further notice or demand, to cure such default or to declare this Lease Agreement forfeited and the said Term ended, or to terminate only Tenant’s right to possession of the Premises, and to re-enter the Premises, with or without process of law, using such force as may be necessary to remove all persons or chattels therefrom, and Landlord shall not be liable for damages by reason of such re-entry or forfeiture; but notwithstanding re-entry by Landlord or termination only of Tenant’s right to possession of the Premises, the liability of Tenant for the rent and all other sums provided herein shall not be relinquished or extinguished for the balance of the Term of this Lease Agreement and Landlord shall be entitled to periodically xxx Tenant for all sums due under this Lease Agreement or which become due prior to judgment, but such suit shall not bar subsequent suits for any further sums coming due thereafter. Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, reletting (including related cost of removal or modification of tenant improvementsimprovements consistent with office use) or cure as well as reasonable attorney’s fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises, or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the payment of a late charge in the amount of five ten percent (510%) of the rental installment or other sum due Landlord hereunder if said payment has not been received within ten (10) days from the date said payment becomes due and payable, or cleared by Landlord’s bank within three (3) business days after deposit. Tenant agrees to pay interest at the rate of twelve percent (12%) per annum or the maximum permissible rate under the applicable usury statutes, whichever is less, on all rentals and other sums due Landlord hereunder not paid within ten (10) days from the date same become due and payable. Each right or remedy of Landlord provided for in this Lease Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwise. Any other provision in this Lease to the contrary notwithstanding, Tenant shall remain entitled to any and all rights and remedies that may be available to it pursuant to Minnesota unlawful detainer, eviction, ejectment and similar laws.

NON-PAYMENT OF RENT, DEFAULTS. If any one or more of the following occurs: ; (1) a rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than ten (10) days after same is due and payable; (2) Tenant shall violate or default on any of the other covenants, agreements, stipulations or conditions herein, or in any parking agreement(s) or other agreements between Landlord and Tenant relating to the Premises, and such violation or default shall continue for a period of thirty (30) days after written notice from Landlord of such violation or default default; or within such reasonable period of time thereafter as may be necessary to cure such default where such default is of such a character as to reasonably require more than thirty (30) days to cure, but no more than ninety (90) days total; (3) if Tenant shall commence or have commenced against Tenant proceedings under a bankruptcy, receivership, insolvency or similar type of action and not discharge or dismiss the same within ninety (90) days thereafteraction; then it shall be optional for Landlord, without further notice or demand, to cure such default or to declare this Lease Agreement forfeited and the said Term ended, or to terminate only Tenant’s 's right to possession of the Premises, and to re-enter the Premises, with or without process of law, using such force as may be necessary to remove all persons or chattels therefrom, and Landlord shall not be liable for damages by reason of such re-entry or forfeiture; but notwithstanding re-entry by Landlord landlord or termination only of Tenant’s 's right to possession of the Premises, the liability of Tenant for the rent and all other sums provided herein shall not be relinquished or extinguished for the balance of the Term of this Lease Agreement and Landlord shall be entitled to periodically xxx Tenant sue Xxxant for all sums due under this Lease Agreement or which become due prior to judgment, but such suit shall not bar subsequent suits for any further sums coming due thereafter. Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, reletting (including related cost of removal or modification of tenant improvements) or cure as well as reasonable attorney’s 's fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises, or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the payment of a late charge in the amount of five percent (5%) of the rental installment or other $500.00 if any sum due Landlord hereunder if said payment has not been received within ten (10) days from the date said payment becomes due and payable, or cleared by Landlord’s 's bank within three (3) business days after deposit. Tenant agrees to pay interest at the highest permissible rate of twelve percent (12%) per annum or the maximum permissible rate interest allowed under the applicable usury statutesstatutes of the State of Minnesota, whichever or in case no such maximum rate of interest is lessprovided, at the rate of 12% per annum, on all rentals and other sums due Landlord hereunder not paid within ten (10) days from the date same become due and payable. Each right or remedy of Landlord provided for in this Lease Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwise. Any other provision in this Lease to the contrary notwithstanding, Tenant shall remain entitled to any and all rights and remedies that may be available to it pursuant to Minnesota unlawful detainer, eviction, ejectment and similar laws.

NON-PAYMENT OF RENT, DEFAULTS. If any one or more of the following occurs: (1) a rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than ten (10) days after following written notice by Landlord to Tenant of non-payment, except that if Landlord has given one (1) or more of such notices within the preceding twelve (12) month period, no such prior notice need be given by Landlord and Tenant shall be in default under this Lease Agreement if the payment is not made by Tenant within ten (10) days of the date the same is due and payable; (2) Tenant shall violate or default on any of the other covenants, agreements, stipulations or conditions herein, or in any parking agreement(s) or other agreements between Landlord and Tenant relating to the Premises, and such violation or default shall continue for a period of thirty (30) days (or such additional period of time, not to exceed an additional sixty (60) days, as is reasonable under the circumstances if the violation or default is of the type that cannot reasonably be cured within thirty (30) days and Tenant promptly commences such cure and at all times diligently pursues same) after written notice from Landlord of such violation or default default; or within such reasonable period of time thereafter as may be necessary to cure such default where such default is of such a character as to reasonably require more than thirty (30) days to cure, but no more than ninety (90) days total; (3) if Tenant shall commence or have commenced against Tenant proceedings under a bankruptcy, receivership, insolvency or similar type of action and not discharge or dismiss action, provided, however, in the same within ninety case of any such involuntary proceedings, Tenant shall have a period of sixty (9060) days thereafterto have such proceedings dismissed; then it shall be optional for Landlord, without further notice or demand, to cure such default or to declare this Lease Agreement forfeited and the said Term ended, or to terminate only Tenant’s right to possession of the Premises, and to re-–enter the Premises, with or without process of law, using such force as may be necessary to remove all persons or chattels therefrom, and Landlord shall not be liable for damages by reason of such re-–entry or forfeiture; but notwithstanding re-–entry by Landlord or termination only of Tenant’s right to possession of the Premises, the liability of Tenant for the rent and all other sums provided herein shall not be relinquished or extinguished for the balance of the Term of this Lease Agreement and Landlord shall be entitled to periodically xxx sxx Tenant for all sums due under this Lease Agreement or which become due prior to judgment, but such suit shall not bar subsequent suits for any further sums coming due thereafter. Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, reletting (including related cost of removal or modification of tenant improvementsimprovements consistent with office use) or cure as well as reasonable attorney’s fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises, or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the payment of a late charge in the amount of five percent (5%) 10% of the rental installment or other sum due Landlord hereunder if said payment has not been received within ten (10) days from the date said payment becomes due and payable, or cleared by Landlord’s bank within three (3) business days after deposit. Tenant agrees to pay interest at the highest permissible rate of twelve percent (12%) per annum or the maximum permissible rate interest allowed under the applicable usury statutesstatutes of the State of Minnesota, whichever or in case no such maximum rate of interest is lessprovided, at the rate of 12% per annum, on all rentals and other sums due Landlord hereunder not paid within ten (10) days from the date same become due and payable. Each right or remedy of Landlord provided for in this Lease Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwise. Any other provision in this Lease to the contrary notwithstanding, Tenant shall remain entitled to any and all rights and remedies that may be available to it pursuant to Minnesota unlawful detainer, eviction, ejectment and similar laws.

NON-PAYMENT OF RENT, DEFAULTS. If any one or more of the following occurs: (1) a rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than ten (10) days after the same is due and payable; (2) Tenant shall violate or default on any of the other covenants, agreements, stipulations or conditions herein, or in any parking agreement(s) or other agreements between Landlord and Tenant relating to the Premises, and such violation or default shall continue for a period of thirty ten (3010) days after written notice from Landlord of such violation or default or within such reasonable period of time thereafter as may be necessary to cure such default where such default is of such a character as to reasonably require more than thirty (30) days to cure, but no more than ninety (90) days totaldefault; (3) if Tenant vacates or abandons the Leased Premises; or (4) if Tenant shall commence or have commenced against Tenant proceedings under a bankruptcy, receivership, insolvency or similar type of action and not discharge or dismiss the same within ninety (90) days thereafter; action, then it shall be optional for Landlord, without further notice or demand, to cure such default or Landlord to declare this Lease Agreement forfeited terminated and the said Term ended, or to terminate only Tenant’s right to possession of the Premises, and to re-enter the Leased Premises, with or without process of law, using such force as may be necessary to remove all persons or chattels therefrom, (which after ten (10) days shall be deemed to be abandoned). Landlord may store any such abandoned chattel, at Tenant's expense, or may sell or dispose of the same at public or private sale and use the proceeds to pay costs of removal and storage and to compensate Landlord for losses suffered by Landlord as a result of Tenant's default. Landlord shall not be liable for damages by reason of such re-entry or forfeituretermination; but notwithstanding re-entry by Landlord or termination only of Tenant’s right to possession of the Premises, this Lease the liability of Tenant for the rent and all other sums provided for herein shall not be relinquished or extinguished for the balance of the Term of stated Term. At Landlord's option, Landlord may elect not to terminate this Lease Agreement and may relet the Leased Premises for the benefit of Tenant, applying the net proceeds of such reletting, after deducting all costs and expenses of reletting, including but not limited to leasing commissions and the cost of tenant improvements, against Tenant's continuing obligation for the payment of rentals hereunder. In addition, Landlord shall be entitled may accelerate and declare due and payable in full all Base Rental reserved hereunder for the remainder of the stated Term, which right of acceleration is granted in lieu of payment by Tenant of all Base Rental in advance at the commencement of the Term. Finally, at Landlord's option, Landlord may elect to periodically xxx Tenant for all sums due under this Lease Agreement or which become due prior to judgment, but itself cure any such suit shall not bar subsequent suits for any further sums coming due thereafterdefault at the cost and expense of Tenant. Tenant shall be responsible for, in addition to the rentals and rental other sums agreed to be paid hereunder, the cost of such additional sums as any necessary maintenance, repair, restoration, reletting (including related cost of removal or modification of tenant improvements) or cure as well court may adjudicate as reasonable attorney’s attorney fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the PremisesLease, or the collection of to collect the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the payment of a late charge in interest at the amount highest permissible rate of five percent (5%) interest allowed under the usury statutes of the rental installment or other sum due Landlord hereunder if said payment has not been received within ten (10) days from the date said payment becomes due and payableState of Tennessee, or cleared by Landlord’s bank within three (3) business days after deposit. Tenant agrees to pay or, in case no such maximum rate of interest is provided, at the rate of twelve 12 percent (12%) per annum or the maximum permissible rate under the applicable usury statutes, whichever is lessannum, on all rentals and other sums due Landlord hereunder not paid within ten (10) days from the date same become due and payable. Each right To compensate Landlord for the time and expense involved in collecting delinquent rents, if Tenant fails to pay any Base Rental or remedy of Landlord provided for in this Lease Agreement shall be cumulative additional rent as and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwise. Any other provision in this Lease to the contrary notwithstandingwhen due hereunder, Tenant shall remain entitled forthwith pay to any and all rights and remedies that may be available to it pursuant to Minnesota unlawful detainer, eviction, ejectment and similar lawsLandlord a late charge of 10% of the rent.

NON-PAYMENT OF RENT, DEFAULTS. If any one or more of the following occurs: (1) a rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than ten (10) days after same is due and payableLandlord’s written notice of non-payment to Tenant; (2) Tenant shall violate or default on any of the other covenants, agreements, stipulations or conditions herein, or in any parking agreement(s) or other agreements between Landlord and Tenant relating to the Premisesthis Lease, and such violation or default shall continue for a period of thirty (30) days after written notice from Landlord of such violation or default default; provided, however, if Tenant’s failure or breach is of a nature such that it cannot reasonably be cured within such reasonable period of time thereafter as may be necessary to cure such default where such default is of such a character as to reasonably require more than thirty (30) days day period, Tenant shall not be deemed to cure, but no more than ninety be in default of this Lease if Tenant commences to cure such failure or breach within such thirty (9030) days totalday period and thereafter diligently prosecutes such cure to completion; or (3) if Tenant shall commence or have commenced against Tenant proceedings under a bankruptcy, receivership, insolvency or similar type of action action, and such proceedings are not discharge or dismiss the same resolved within ninety (90) days thereafterdays; then it shall be optional for Landlord, without further notice or demand, to cure such default or to declare this Lease Agreement forfeited and the said Term ended, or to terminate only Tenant’s 's right to possession of the Premises, and to re-enter the Premises, with or without process of law, using such force as may be necessary to remove all persons or chattels therefrom, and Landlord shall not be liable for damages by reason of such re-entry or forfeiture; but notwithstanding re-entry by Landlord or termination only of Tenant’s 's right to possession of the Premises, the liability of Tenant for the rent and all other sums provided herein shall not be relinquished or extinguished for the balance of the Term of this Lease Agreement and Landlord shall be entitled to periodically xxx sue Tenant for all sums due under this Lease Agreement or which become due prior to judgment, but such suit shall not bar subsequent suits for any further sums coming due thereafter. Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, reletting (including related reasonable cost of removal or modification of tenant improvements) or cure as well as reasonable attorney’s 's fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises, or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the payment of a late charge in the amount of five percent (5%) of the rental installment or other sum due Landlord hereunder if said payment has not been received within ten (10) days from the date that said payment becomes due and payable, or cleared by Landlord’s bank . Lxxxxxxx agrees to waive any late fee for the first late payment in any calendar year if the amount due is paid within three (3) business days after depositthe cure period described above. Tenant Txxxxx agrees to pay interest at the rate of twelve percent (12%) per annum or the maximum permissible rate under the applicable usury statutes, whichever is less, on all rentals and other sums due Landlord hereunder not paid within ten (10) days from the date same become due and payable. Each right or remedy of Landlord provided for in this Lease Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwise. Any other provision in this Lease to the contrary notwithstanding, Tenant shall remain entitled to any and all rights and remedies that may be available to it pursuant to Minnesota unlawful detainer, eviction, ejectment and similar laws.or

NON-PAYMENT OF RENT, DEFAULTS. If any one or more of the following occurs: (1) a rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than ten (10) days after written notice from Landlord that the same is due and payable; (2) Tenant shall violate or default on any of the other covenants, agreements, stipulations or conditions herein, or in any parking agreement(s) or other agreements between Landlord and Tenant relating to the Premises, and such violation or default shall continue for a period of thirty (30) days after written notice from Landlord of such violation or default or within if such reasonable period of time thereafter as may be necessary to cure such violation or default where such default is of such a character as to shall reasonably require more longer than thirty (30) days to cure, but no more than ninety if Tenant shall fail to commence the cure of such default or violation within thirty (9030) days totalafter receipt of notice thereof and/or fail to prosecute a cure to completion with due diligence; or (3) if Tenant shall commence or have commenced against Tenant proceedings under a bankruptcy, receivership, insolvency or similar type of action and not discharge or dismiss the same shall not be dismissed or vacated within ninety (90) days thereafterdays; then the same shall be deemed a default under this Lease Agreement and it shall be optional for Landlord, without further notice or demand, to cure such default or to declare this Lease Agreement forfeited and the said Term ended, or to terminate only Tenant’s 's right to possession of the Premises, and to re-enter the Premises, with or without process of law, using such force as may be necessary to remove all persons or chattels therefrom, and Landlord shall not be liable for damages by reason of such re-re- entry or forfeiture; but notwithstanding re-entry by Landlord or termination only of Tenant’s 's right to possession of the Premises, the liability of Tenant for the rent and all other sums provided herein shall not be relinquished or extinguished for the balance of the Term of this Lease Agreement and Landlord shall be entitled to periodically xxx Tenant for all sums due under this Lease Agreement or which become due prior to judgment, but such suit shall not bar subsequent suits for any further sums coming due thereafter. Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, reletting (including related cost of removal or modification of tenant improvements) or cure as well as reasonable attorney’s 's fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises, or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the payment of a late charge in the amount of five percent (5%) % of the rental installment or other sum due Landlord hereunder if said payment has not been received within ten (10) days from the date said payment becomes due and payable, or cleared by Landlord’s bank within three (3) business days after depositif any check is dishonored due to insufficient funds. Tenant agrees to pay interest at the highest permissible rate of twelve percent (12%) per annum or the maximum permissible rate interest allowed under the applicable usury statutesstatutes of the State of Minnesota or 12% per annum, whichever is less, on all rentals and other sums due Landlord hereunder not paid within ten (10) days from the date same become due and payable. Each right or remedy of Landlord provided for in this Lease Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwise. Any other provision in In no event shall Landlord be entitled to withhold utility services under this Lease Agreement as a remedy for Tenant's default or to enter the contrary notwithstanding, Tenant shall remain entitled to any Premises and all rights and remedies that may be available to it pursuant to Minnesota unlawful detainer, eviction, ejectment and similar lawsremove or interfere with Tenant's property or the property of Tenant's customers without judicial process.

NON-PAYMENT OF RENT, DEFAULTS. If any one or more of the following occurs: (1) a rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than ten (10) days after same is due and payable; (2) Tenant shall violate or default on any of the other covenants, agreements, stipulations or conditions herein, or in any parking agreement(s) or other agreements between Landlord and Tenant relating to the Premises, and such violation or default shall continue for a period of of) thirty (30) days after written notice from Landlord of such violation or default or within such reasonable period of time thereafter as may be necessary to cure such default where such default is of such a character as to reasonably require more than thirty (30) days to cure, but no more than ninety (90) days totaldefault; (3) if Tenant shall commence or have commenced against Tenant proceedings under a bankruptcy, receivership, insolvency or similar type of action and not discharge action; or dismiss (4) if Tenant shall vacate any substantial portion of the same within ninety (90) days thereafterPremises for a period of more than 15 days; then it shall be optional for Landlord, without further notice or demand, to cure such default or to declare this Lease Agreement forfeited and the said Term ended, or to terminate only Tenant’s 's right to possession of the Premises, and to re-enter the Premises, with or without process of law, using such force as may be necessary to remove all persons or chattels therefrom, and Landlord shall not be liable for damages by reason of such re-entry or forfeiture; but notwithstanding re-entry by Landlord or termination only of Tenant’s 's right to possession of the Premises, the liability of Tenant for the rent and all other sums provided herein shall not be relinquished or extinguished for the balance of the Term of this Lease Agreement and Landlord shall be entitled to periodically xxx Tenant for all sums due under this Lease Agreement or which become due prior to judgment, but such suit shall not bar subsequent suits for any further sums coming due thereafter. Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, reletting (including related cost of removal or modification of tenant improvements) or cure as well as reasonable attorney’s 's fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises, or the collection of the rentals due Landlord hereunder. , Tenant shall also be liable to Landlord for the payment of a late charge in the amount of five percent (5%) % of the rental installment or other sum due Landlord hereunder if said payment has not been received within ten (10) days from the date said payment becomes due and payable, or cleared by Landlord’s bank within three (3) business days after deposit. Tenant agrees to pay interest at the highest permissible rate of twelve percent (12%) per annum or the maximum permissible rate interest allowed under the applicable usury statutesstatutes of the State of Minnesota, whichever or in case no such maximum rate of interest is lessprovided, at the rate of 12% per annum, on all rentals and other sums due Landlord hereunder not paid within ten (10) days from the date same become due and payable. Each right or remedy of Landlord provided for in this Lease Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwise. Any other provision in this Lease to the contrary notwithstanding, Tenant shall remain entitled to any and all rights and remedies that may be available to it pursuant to Minnesota unlawful detainer, eviction, ejectment and similar laws.

NON-PAYMENT OF RENT, DEFAULTS. If any one or more of the following occurs: (1) a rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than ten (10) days after same is due and payableLandlord’s written notice of non-payment to Tenant; (2) Tenant shall violate or default on any of the other covenants, agreements, stipulations or conditions herein, or in any parking agreement(s) or other agreements between Landlord and Tenant relating to the Premisesthis Lease, and such violation or default shall continue for a period of thirty (30) days after written notice from Landlord of such violation or default default; provided, however, if Tenant’s failure or breach is of a nature such that it cannot reasonably be cured within such reasonable period of time thereafter as may be necessary to cure such default where such default is of such a character as to reasonably require more than thirty (30) days day period, Tenant shall not be deemed to cure, but no more than ninety be in default of this Lease if Tenant commences to cure such failure or breach within such thirty (9030) days totalday period and thereafter diligently prosecutes such cure to completion; or (3) if Tenant shall commence or have commenced against Tenant proceedings under a bankruptcy, receivership, insolvency or similar type of action action, and such proceedings are not discharge or dismiss the same resolved within ninety (90) days thereafterdays; then it shall be optional for Landlord, without further notice or demand, to cure such default or to declare this Lease Agreement forfeited and the said Term ended, or to terminate only Tenant’s 's right to possession of the Premises, and to re-enter the Premises, with or without process of law, using such force as may be necessary to remove all persons or chattels therefrom, and Landlord shall not be liable for damages by reason of such re-entry or forfeiture; but notwithstanding re-entry by Landlord or termination only of Tenant’s 's right to possession of the Premises, the liability of Tenant for the rent and all other sums provided herein shall not be relinquished or extinguished for the balance of the Term of this Lease Agreement and Landlord shall be entitled to periodically xxx sue Tenant for all sums due under this Lease Agreement or which become due prior to judgment, but such suit shall not bar subsequent suits for any further sums coming due thereafter. Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, reletting (including related reasonable cost of removal or modification of tenant improvements) or cure as well as reasonable attorney’s 's fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises, or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the payment of a late charge in the amount of five percent (5%) of the rental installment or other sum due Landlord hereunder if said payment has not been received within ten (10) days from the date that said payment becomes due and payable, or cleared by Landlord’s bank . Xxxxxxxx agrees to waive any late fee for the first late payment in any calendar year if the amount due is paid within three (3) business days after depositthe cure period described above. Tenant Xxxxxx agrees to pay interest at the rate of twelve percent (12%) per annum or the maximum permissible rate under the applicable usury statutes, whichever is less, on all rentals and other sums due Landlord hereunder not paid within ten (10) days from the date same become due and payable. Each right or remedy of Landlord provided for in this Lease Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwise. Any other provision in this Lease to the contrary notwithstanding, Tenant shall remain entitled to any and all rights and remedies that may be available to it pursuant to Minnesota unlawful detainer, eviction, ejectment and similar laws.or

NON-PAYMENT OF RENT, DEFAULTS. If any one or more of the following occurs: (1) a rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than ten (10) days after Tenant’s receives written notice that the same is due and payablepast due; (2) Tenant shall violate or default on any of the other covenants, agreements, stipulations or conditions herein, or in any parking agreement(s) or other agreements between Landlord and Tenant relating to the Premises, and such violation or default shall continue for a period of thirty (30) days after written notice from Landlord of such violation or default or within such reasonable period default, provided, if the nature of time thereafter as may be necessary to cure such default where such default is of such a character as to reasonably require requires more than thirty (30) days days, Tenant shall have such additional time as is reasonably necessary to cure, but no more than ninety cure the default provided Tenant commences the cure within such thirty (9030) days totalday period and thereafter diligently pursues completion of the same; (3) if Tenant shall commence or have commenced against Tenant proceedings under a bankruptcy, receivership, insolvency or similar type of action and not discharge or dismiss the same is not discharged within ninety sixty (9060) days; or (4) if Tenant shall vacate the Premises for a period of more than 60 consecutive days thereafterfor a reason other than for remodeling, alterations, casualty or force majeure events; then it shall be optional for Landlord, without further notice or demand, to cure such default or to declare this Lease Agreement forfeited and the said Term ended, or to terminate only Tenant’s right to possession of the Premises, and to re-enter the Premises, with or without process of law, using such force as may be necessary legal means to remove all persons or chattels therefrom, and Landlord shall not be liable for damages by reason of such re-entry or forfeiture; but notwithstanding re-entry by Landlord or termination only of Tenant’s right to possession of the Premises, the liability of Tenant for the rent and all other sums provided herein shall not be relinquished or extinguished for the balance of the Term of this Lease Agreement and Landlord shall be entitled to periodically xxx Tenant for all sums due under this Lease Agreement or which become due prior to judgment, but such suit shall not bar subsequent suits for any further sums coming due thereafter. Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, repair or restoration, reletting (including related cost of removal or modification of tenant improvements) or cure as well as reasonable attorney’s fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises, or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the payment of a late charge in the amount of five percent (5%) 10% of the rental installment or other sum due Landlord hereunder if said payment has not been received within ten (10) days from the date said payment becomes due and payable, or cleared by Landlord’s bank within three (3) business days after deposit. Tenant agrees to pay interest at the lesser of the highest permissible rate of twelve percent (12%) per annum or the maximum permissible rate interest allowed under the applicable usury statutesstatutes of the State of Wisconsin, whichever is lessor 12% per annum, on all rentals and other sums due Landlord hereunder not paid within ten (10) days from the date same become due and payable. Each right or remedy of Landlord provided for in this Lease Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwise. Any other provision in this Lease Notwithstanding anything herein to the contrary notwithstandingcontrary, Landlord agrees to use commercially efforts to mitigate damages following a Tenant shall remain entitled to any and all rights and remedies that may be available to it pursuant to Minnesota unlawful detainer, eviction, ejectment and similar lawsdefault.

NON-PAYMENT OF RENT, DEFAULTS. If any one or more of the following occurs: (1) a rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than ten (10) days after same is due and payable; (2) Tenant shall violate or default on any of the other covenants, agreements, stipulations or conditions herein, or in any parking agreement(s) or other agreements between Landlord and Tenant relating to the Premises, and such violation or default shall continue for a period of thirty (30) days after written notice from Landlord of such violation or default or within if such reasonable period of time thereafter as may be necessary to cure such violation or default where such default is of such a character as to shall reasonably require more longer than thirty (30) days to cure, but no more than ninety if Tenant shall fail to commence the cure of such default or violation within thirty (9030) days totalafter receipt of notice thereof and/or fail to prosecute a cure to completion with due diligence; (3) if Tenant shall commence or have commenced against Tenant proceedings under a bankruptcy, receivership, insolvency or similar type of action and not discharge action; or dismiss (4) if Tenant shall abandon the same within ninety (90) days thereafterPremises; then it shall be optional for Landlord, without further notice or demand, to cure such default or to declare this Lease Agreement forfeited and the said Term ended, or to terminate only Tenant’s 's right to possession of the Premises, and to re-enter the Premises, with or without process of law, using such force as may be necessary to remove all persons or chattels therefrom, and Landlord shall not be liable for damages by reason of such re-entry or forfeiture; but notwithstanding re-entry by Landlord or termination only of Tenant’s 's right to possession of the Premises, the liability of Tenant for the rent and all other sums provided herein shall not be relinquished or extinguished for the balance of the Term of this Lease Agreement and Landlord shall be entitled to periodically xxx Tenant for all sums due under this Lease Agreement or which become due prior to judgment, but such suit shall not bar subsequent suits for any further sums coming due thereafter. Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the The cost of any necessary maintenance, repair, restoration, reletting (including related cost of removal or modification of tenant improvements) or cure as well as reasonable attorney’s 's fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises, or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the payment of a late charge in the amount of five percent (5%) % of the rental installment or other sum due Landlord hereunder if said payment has not been received within ten (10) days from the date said payment becomes due and payable, or cleared by Landlord’s 's bank within three (3) business days after deposit. Tenant agrees to pay interest at the highest permissible rate of twelve percent (12%) per annum or the maximum permissible rate interest allowed under the applicable usury statutesstatutes of the State of Minnesota, whichever or in case no such maximum rate of interest is lessprovided, at the rate of 12% per annum, on all rentals and other sums due Landlord hereunder not paid within ten (10) days from the date same become due and payable. Each right or remedy of Landlord provided for in this Lease Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwise. Any other provision in this Lease to the contrary notwithstanding, Tenant shall remain entitled to any and all rights and remedies that may be available to it pursuant to Minnesota unlawful detainer, eviction, ejectment and similar laws.

NON-PAYMENT OF RENT, DEFAULTS. If any one or more of the following occurs: (1) a rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than ten (10) days after same is due and payable; (2) Tenant shall violate or default on any of the other covenants, agreements, stipulations or conditions herein, or in any parking agreement(s) or other agreements between Landlord and Tenant relating to the Premises, and such violation or default shall continue for a period of thirty ten (3010) days after written notice from Landlord of such violation or default or within such reasonable period of time thereafter as may be necessary to cure such default where such default is of such a character as to reasonably require more than thirty (30) days to cure, but no more than ninety (90) days totaldefault; (3) if Tenant shall commence or have commenced against Tenant proceedings under a bankruptcy, receivership, insolvency or similar type of action and not discharge action; or dismiss (4) if Tenant shall vacate any substantial portion of the same within ninety (90) days thereafterPremises for a period of more than 15 days; then it shall be optional for Landlord, without further notice or demand, to cure such default or to declare this Lease Agreement forfeited and the said Term ended, or to terminate only Tenant’s 's right to possession of the Premises, and to re-enter the Premises, with or without process of law, using such force as may be necessary to remove all persons or chattels therefrom, and Landlord shall not be liable for damages by reason of such re-entry or forfeiture; but notwithstanding re-entry by Landlord or termination only of Tenant’s 's right to possession of the Premises, the liability of Tenant for the rent and all other sums provided herein shall not be relinquished or extinguished for the balance of the Term of this Lease Agreement and Landlord shall be entitled to periodically xxx sue Tenant for all sums due xxe under this Lease Agreement or which become due prior to judgment, but such suit shall not bar subsequent suits for any further sums coming due thereafter. Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, reletting (including related cost of removal or modification of tenant improvements) or cure as well as reasonable attorney’s 's fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises, or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the payment of a late charge in the amount of five percent (5%) 10% of the rental installment or other sum due Landlord hereunder if said payment has not been received within ten (10) days from the date said payment becomes due and payable, or cleared by Landlord’s 's bank within three (3) business days after deposit. Tenant agrees to pay interest at the highest permissible rate of twelve percent (12%) per annum or the maximum permissible rate interest allowed under the applicable usury statutesstatutes of the State of Minnesota, whichever or in case no such maximum rate of interest is lessprovided, at the rate of 12% per annum, on all rentals and other sums due Landlord hereunder not paid within ten (10) days from the date same become due and payable. Each right or remedy of Landlord provided for in this Lease Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwise. Any other provision in this Lease to the contrary notwithstanding, Tenant shall remain entitled to any and all rights and remedies that may be available to it pursuant to Minnesota unlawful detainer, eviction, ejectment and similar laws.

NON-PAYMENT OF RENT, DEFAULTS. If any one or more of the following occurs: (1) a rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than ten (10) days after same is due and payable; (2) Tenant shall violate or default on any of the other covenants, agreements, stipulations or conditions herein, or in any parking agreement(s) or other agreements between Landlord and Tenant relating to the Premises, and such violation or default shall continue for a period of thirty ten (3010) days after written notice from Landlord of such violation or default or within such reasonable period of time thereafter as may be necessary to cure such default where such default is of such a character as to reasonably require more than thirty (30) days to cure, but no more than ninety (90) days totaldefault; (3) if Tenant shall commence or have commenced against Tenant proceedings under a bankruptcy, receivership, insolvency or similar type of action and not discharge action; or dismiss (4) if Tenant shall vacate any substantial portion of the same within ninety Premises for a period of more than fifteen (9015) days thereafterdays; then it shall be optional for Landlord, without further notice or demand, to cure such default or to declare this Lease Agreement forfeited and the said Term ended, or to terminate only Tenant’s right to possession of the Premises, and to re-enter the Premises, with or without process of law, using such force as may be necessary to remove all persons or chattels therefrom, and Landlord shall not be liable for damages by reason of such re-entry or forfeiture; but notwithstanding re-entry by Landlord or termination only of Tenant’s right to possession of the Premises, the liability of Tenant for the rent and all other sums provided herein shall not be relinquished or extinguished for the balance of the Term of this Lease Agreement and Landlord shall be entitled to periodically xxx sxx Tenant for all sums due under this Lease Agreement or which become due prior to judgment, but such suit shall not bar subsequent suits for any further sums coming due thereafter. Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, reletting (including related cost of removal or modification of tenant improvements) or cure as well as reasonable attorney’s fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises, or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the payment of a late charge in the amount of five ten percent (510%) of the rental installment or other sum due Landlord hereunder if said payment has not been received within ten (10) days from the date said payment becomes due and payable, or cleared by Landlord’s bank within three (3) business days after deposit. Tenant agrees to pay interest at the rate of twelve percent (12%) per annum or the maximum permissible rate under the applicable usury statutes, whichever is less, on all rentals and other sums due Landlord hereunder not paid within ten (10) days from the date same become due and payable. Each right or remedy of Landlord provided for in this Lease Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwise. Any other provision in this Lease to the contrary notwithstanding, Tenant shall remain entitled to any and all rights and remedies that may be available to it pursuant to Minnesota unlawful detainer, eviction, ejectment and similar laws.

NON-PAYMENT OF RENT, DEFAULTS. If any one or more of the following occurs: (1) a rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than ten (10) days after written notice that the same is due and payable; (2) Tenant shall violate or default on any of the other covenants, agreements, stipulations or conditions herein, or in any parking agreement(s) or other agreements between Landlord and Tenant relating to the Premises, and such violation or default shall continue for a period of thirty (30) days after written notice from Landlord of such violation or default (or within such longer reasonable period of time thereafter as may be necessary if such violation necessarily requires a longer period in which to cure and Tenant has commenced such default where such default is of such a character as to reasonably require more than cure within said thirty (30) days to cure, but no more than ninety (90day period and continuously and diligently prosecutes such cure activities until finally cured) days total; or (3) if Tenant shall commence or have commenced against Tenant proceedings under a bankruptcy, receivership, insolvency or similar type of action and not discharge or dismiss the same within ninety (90) days thereafteraction; then it shall be optional for Landlord, without further notice or demand, to cure such default or to declare this Lease Agreement forfeited and the said Term ended, or to terminate only Tenant’s 's right to ot possession of the Premises, and to re-enter the Premises, with or without process of law, using such force as may be necessary to remove all persons or chattels therefrom, and Landlord shall not be liable for damages by reason of such re-entry or forfeiture; but notwithstanding re-entry by Landlord or termination only of Tenant’s 's right to possession of the Premises, the liability of Tenant for the rent and all other sums provided herein shall not be relinquished or extinguished for the balance of the Term of this Lease Agreement and Landlord shall be entitled to periodically xxx Tenant for all sums due under this Lease Agreement or which become due prior to judgmentjudgement, subject to credit for rents actually received from reletting the Premises, but such suit shall not bar subsequent suits for any further sums coming due thereafter. Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, reletting (including related cost costs of removal or modification of tenant improvements) or cure as well as reasonable attorney’s 's fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises, or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the payment of a late charge in the amount of five percent (5%) % of the rental installment or other sum due Landlord hereunder if said payment has not been received within ten (10) days from the date written notice that said payment becomes was due and payable, or cleared by Landlord’s bank within three (3) business days after deposit. Tenant agrees to pay interest at the highest permissible rate of twelve percent (12%) per annum or the maximum permissible rate interest allowed under the applicable usury statutesstatutes of the State of Minnesota, whichever or in case no such maximum rate of interest is lessprovided, at the rate of 12% per annum, on all rentals and other sums due Landlord hereunder not paid within ten (10) days from the date same become due and payable. Each right or remedy of Landlord provided for in this Lease Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or of in equity or by statute or otherwise. Any other provision in this Lease to the contrary notwithstanding, Tenant shall remain entitled to any and all rights and remedies that may be available to it pursuant to Minnesota unlawful detainer, eviction, ejectment and similar laws.

NON-PAYMENT OF RENT, DEFAULTS. If any one or more of the following occurs: (1) a rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than ten (10) days after same is due and payable; (2) Tenant shall violate or default on any of the other covenants, agreements, stipulations or conditions herein, or in any parking agreement(s) or other agreements between Landlord and Tenant relating to the Premises, and such violation or default shall continue for a period of thirty (30) days after written notice from Landlord of such violation or default or within if such reasonable period of time thereafter as may be necessary to cure such violation or default where such default is of such a character as to shall reasonably require more longer than thirty (30) days to cure, but no more than ninety if Tenant shall fail to commence the cure of such default or violation within thirty (9030) days totalafter receipt of notice thereof and/or fail to prosecute a cure to completion with due diligence; (3) if Tenant shall commence or have commenced against Tenant proceedings under a bankruptcy, receivership, insolvency or similar type of action and not discharge action; or dismiss (4) if Tenant shall abandon the same within ninety (90) days thereafterPremises; then it shall be optional for Landlord, without further notice or demand, to cure such default or to declare this Lease Agreement forfeited and the said Term ended, or to terminate only Tenant’s right to possession of the Premises, and to re-enter the Premises, with or without process of law, using such force as may be necessary to remove all persons or chattels therefrom, and Landlord shall not be liable for damages by reason of such re-entry or forfeiture; but notwithstanding re-entry by Landlord or termination only of Tenant’s right to possession of the Premises, the liability of Tenant for the rent and all other sums provided herein shall not be relinquished or extinguished for the balance of the Term of this Lease Agreement and Landlord shall be entitled to periodically xxx Tenant for all sums due under this Lease Agreement or which become due prior to judgment, but such suit shall not bar subsequent suits for any further sums coming due thereafter. Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, reletting (including related cost of removal or modification of tenant improvements) or cure as well as reasonable attorney’s fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises, or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the payment of a late charge in the amount of five percent (5%) % of the rental installment or other sum due Landlord hereunder if said payment has not been received within ten (10) days from the date said payment becomes due and payable, or cleared by Landlord’s bank within three (3) business days after deposit. Tenant agrees to pay interest at the highest permissible rate of twelve percent (12%) per annum or the maximum permissible rate interest allowed under the applicable usury statutesstatutes of the State of Minnesota, whichever or in case no such maximum rate of interest is lessprovided, at the rate of 12% per annum, on all rentals and other sums due Landlord hereunder not paid within ten (10) days from the date same become due and payable. Each right or remedy of Landlord provided for in this Lease Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwise. Any other provision in this Lease to the contrary notwithstanding, Tenant shall remain entitled to any and all rights and remedies that may be available to it pursuant to Minnesota unlawful detainer, eviction, ejectment and similar laws.