Common use of Re-entry Clause in Contracts

Re-entry. Proviso for re-entry by the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.

Re-entry. Proviso for Landlord or Landlord's agents and employees may immediately or at any time thereafter re-entry by enter the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for thereof, peaceably but using such term or terms (which reasonable force as may be for a term required, and without judicial process, or terms extending beyond by any suitable action or proceeding at law, and may repossess the Term Premises, and may remove any persons, fixtures or chattels therefrom, to the end that Landlord may have, hold and enjoy the Premises. In the event of this Lease) and at any such rental or rentals retaking of possession of Premises by Landlord, Tenant shall remove all personal property located thereon and upon failure to do so upon demand of Landlord, Landlord may in addition to any other remedies allowed by law, remove and store the same in any place selected by Landlord, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay all sums due hereunder together with the cost of storing any such other terms property within thirty (30) days after it has been stored, Landlord may sell any or all of such property at public or private sale and conditions as shall apply the Landlord in its sole discretion may deem advisable. Upon each proceeds of such reletting all rentals received by the Landlord from such reletting shall be applied, sale first, to the payment cost of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlordsuch sale; second, to the payment of any costs the charges and expenses of such relettingfor reentry, including brokerage fees, solicitor’s fees removal and the costs of such alterations and repairsstorage; third, to the payment of all rentals any other sums of money that may be due and unpaid hereunder, from Tenant to Landlord under the terms of this Lease; and the residuebalance, if any, shall to Tenant. Tenant hereby waives all claims for damages that may be held caused by Landlord's re-entering and taking possession of Premises or removing and storing or selling the property of Tenant as herein provided, and will indemnify, defend and save Landlord harmless from loss, costs or damages to Tenant occasioned thereby, and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No no such re-entry or taking possession of the Leased Premises by the Landlord shall be considered or construed as an election on its part to terminate this Lease unless be a written notice of such intention is given to the Tenantforcible entry. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the LandlordRE-ENTRY OR TAKING POSSESSION OF SAID PREMISES BY LANDLORD SHALL NOT BE CONSTRUED AS AN ELECTION ON ITS PART TO TERMINATE THIS LEASE UNLESS A WRITTEN NOTICE OF SUCH INTENTION IS GIVEN TO TENANT.

Re-entry. Proviso for re-entry by the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct Tenancies Act of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.

Re-entry. Proviso for re-entry by By Landlord 16. Landlord reserves and shall at all times have the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Leaseright, all with respect upon reasonable prior verbal notice to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or (except in the Commercial TenanciesAct event of Ontario to emergency or the contrary. If the Landlord elects provision of routine services, in which no such notice shall be required), to re-enterenter the Premises to inspect the same, as herein providedto supply janitor service and any other service to be provided by Landlord to Tenant hereunder, to show said Premises to prospective purchasers, mortgagees or tenants, to post notices of nonresponsibility, and to alter, improve, or if it takes possession pursuant repair the Premises and any portion of the Building of which the Premises are a part or to legal proceedings which access is conveniently made through the Premises, without abatement of rent, and may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed, provided that entrance to the Premises shall not be blocked thereby, and further provided that the business of Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages for any injury or pursuant inconvenience to or interference with Tenant's business, any notice provided for by lawloss of occupancy or quiet enjoyment of the Premises, it and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors, in, upon, and about the Premises, and Landlord shall have the right to use any and all means which Landlord may either terminate this Lease deem necessary or it may from time proper to time without terminating this Lease, make such alterations and repairs as may be necessaryopen said doors in an emergency, in order to relet obtain entry to any portion of the Leased Premises, and any entry to the Premises, or portions thereof obtained by Landlord by any part thereof for such term of said means, or terms (which may otherwise, shall not under any circumstances be for construed or deemed to be a term forcible or terms extending beyond unlawful entry into, or a detainer of, the Term Premises, or an eviction, actual or constructive, of this Lease) Tenant from the Premises or any portions thereof. Landlord shall also have the right at any time, without the same constituting an actual or constructive eviction and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, firstwithout incurring any liability to Tenant therefor, to change the payment arrangement and/or location of any indebtednessentrances or passage ways, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs doors and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunderdoorways, and the residuecorridors, if anyelevators, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunderstairs, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry toilets, or taking possession other public parts of the Leased Premises Building and to change the name, number or designation by which the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention Building is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlordcommonly known.

Re-entry. Proviso for re-entry by If Tenant shall default in the Landlord on non-payment whend ue of rent or non-performance or non-observance any installment of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Base Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct payment whend ue of Ontario any Additional Rent and such default shall continue for a period of fifteen (15) days after notice from Landlord to Tenant of such default or if this Lease and the Term shall terminate as provided in Article 21; 22.1.1 Landlord and Landlord's agents may immediately, or at any time after such default or after the date upon which this Lease and the Term shall terminate, re-enter the Premises or any part thereof, without notice, either by summary proceedings or by any other applicable action or proceeding, or by force or otherwise (without being liable to indictment, prosecution or damages therefor),and may repossess thePremises and dispossess Tenant and any other persons from the Premises and remove any or all of its or their property and effects from the Premises, without liability for damage thereto, to the contrary. If end that Landlord may have, hold and enjoy the Landlord elects to re-enterPremises; and 22.1.2 Landlord, as herein providedat the Landlord's option, may relet the whole or if it takes possession pursuant to legal proceedings any part or pursuant to any notice provided for by law, it may either terminate this Lease or it may parts of the Premises from time to time without terminating this Leasetime, make either in the name of Landlord or otherwise, to such alterations and repairs as may be necessarytenant or tenants, in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term ending before, on or terms extending beyond after the Term of this Lease) and Expiration Date, at such rental or rentals and upon such other terms conditions, which may include concessions and conditions free rent periods, as the Landlord in its sole discretion may deem advisabledetermine. Upon each such reletting all rentals received by Landlord shall have no obligation to relet the Landlord from such reletting Premises or any part thereof and shall in no event be appliedliable for refusal or failure to relet the Premises or any part thereof, firstor, to in the payment event of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage feesfor refusal or failure to collect any rent upon any such reletting, solicitor’s fees and the costs no such refusal or failure shall operate to relieve Tenant of any liability under this Lease or otherwise to affect any such alterations liability. Landlord, at Landlord's option, xxx make such repairs, improvements, alterations, additions, decorations and repairs; third, other physical changes in and to the payment of all rentals due and unpaid hereunderPremises as Landlord, and the residuein its sole discretion, if any, shall be held by the Landlord and applied considers advisable or necessary in payment of future rent as the same may become due and payable hereunder. If the rentals received from connection with any such reletting during or proposed reletting, without relieving Tenant of any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay liability under this Lease or otherwise affecting any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. liability. 22.1.3 No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an acceptance of surrender or an election on its part by Landlord to terminate termiante this Lease Lease, unless a Landlord gives written notice to Tenant of such intention is given election. In the event Landlord relets the whole or any part or parts of the Premises pursuant to the Tenant. Notwithstanding any such reletting this Article 22 without terminationterminating this Lease, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlorddefault.

Re-entry. Proviso for Upon the occurrence of an Event of Default, Landlord may immediately re-entry enter the Property by summary proceedings, or by force, or otherwise, without being liable for prosecution therefor; interrupt or cause interruption of utility services to the Landlord on non-payment Property, prevent Tenant from entering the Property, take possession of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred the Property and remove all persons therefrom; alter all locks and other security devices on the Landlord in Property without terminating this Lease, all with respect ; and may elect either to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased PremisesProperty as agent for Tenant or otherwise, and receive the Rent therefor, applying the same to Tenant’s obligations. Upon the re-entering of the Property, Landlord may remove all or any part thereof for of the personal property of Tenant remaining on the Property and store the same at Tenant’s expense. If said personal property remaining on the Property is not claimed by Tenant within ten (10) days after such term or terms (which entry, such property may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be for a term retained by Landlord as its property or terms extending beyond the Term be disposed of this Lease) by Landlord, in Landlord’s sole and absolute discretion and without accountability, at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisableTenant’s expense. Upon each such reletting all rentals received by the Landlord from such reletting Tenant shall be appliedobligated to return all keys and access devices to the Property to Landlord upon Landlord’s re-entering of the Property. No alteration of locks or other security devices and no removal or other exercise of dominion by Landlord over the property of Tenant or others at the Property shall be deemed unauthorized or constitute a conversion, firstTenant hereby consenting, after any Event of Default, to the payment aforesaid exercise of any indebtedness, other than rent due hereunder, owing by dominion over Tenant’s property within the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunderProperty. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such reALL CLAIMS FOR DAMAGES BY REASON OF SUCH RE-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the LandlordENTRY AND/OR REPOSSESSION AND/OR ALTERATIONS OF LOCKS OR OTHER SECURITY DEVICES ARE HEREBY WAIVED.

Re-entry. Proviso It is hereby agreed that when: (a) the Tenant shall be in default in the payment of any rent, for re-entry a period of seven (7) days after having received notice of default; (b) the Tenant shall be in default of any of its terms, covenants, obligations and stipulations, conditions and agreements under this Lease (other than its covenant to pay rent) and such default shall have continued for a period of ten (10) consecutive days after notice by the Landlord on non-payment to the Tenant specifying with reasonable particularity the nature of such default and requiring the same to be remedied, provided further that if the Tenant is taking steps to remedy and cannot complete within ten (10) days, such ten (10) day period shall be extended as the Landlord reasonably determines to permit the Tenant to remedy; (c) any property of the Tenant has been sold under a valid writ of execution, or the Tenant shall have made an assignment for the benefit of creditors, or have had a receiving order made against it under the Bankruptcy and Insolvency Act, R.S.C 1985, as amended, or becoming bankrupt or insolvent, or shall have made application for relief under the provisions of any statute now or hereafter in force concerning bankrupt or insolvent debtors, or any action whatever, legislative or otherwise, shall have been taken with a view to the winding up, dissolution or liquidation of the Tenant; (d) any insurance policy is cancelled or not renewed by an insurer by reason of any particular use or occupation of the Premises, or; (e) the Premises shall have been vacated or have become vacant or shall have remained unoccupied for a period of fifteen (15) consecutive days; then and in any of such cases, the then current month's rent together with the rent for the three (3) months ensuing shall immediately become due and payable, and at the option of the Landlord the Term shall become forfeited and void, and the Landlord without notice or non-performance or non-observance any form of covenants. The Landlord’s right of legal process whatsoever may forthwith re-entry hereunder or any powers conferred on enter the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding. Such forfeiture shall be wholly without prejudice to the right of the Landlord to recover arrears of rent and damages for such term or terms (which may be for a term or terms extending beyond any antecedent breach of the Term terms, covenants, obligations and stipulations, conditions and agreements of the Tenant under this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, forfeiture the Landlord may at any time thereafter elect to terminate subsequently recover from the Tenant damages for loss of rent suffered by reason of this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, having been prematurely determined and it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, with respect thereto including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.

Re-entry. Proviso for Said Lessee will quit and deliver upon the possession of said premises to the Lessor or Lxxxxx’s heirs, successors, agents or assigns, when this lease terminated by limitation or forfeiture, with all window glass replaced, if broken, and with all keys, locks, bolts, plumbing fixtures, elevator, sprinkler, boiler and heating appliances in as good order and condition as the same are now, or may hereafter be made by repair in compliance with all covenants of this lease, save only the wear thereof from reasonable and careful use. But it is hereby understood, and Lessee hereby covenants with the Lessor, that such forfeiture, annulment or voidance shall not relieve the Lessee from the obligation of the Lessee to make the monthly payments of rent hereinbefore reserved, at the times and in the manner aforesaid; and in case of any such default of the Lessee, the Lessor may re-entry by let the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on said premises as the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant agent for and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct name of Ontario to the contrary. If Lessee, at any rental readily obtainable, applying the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations proceeds and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be appliedavails thereof, first, to the payment of any indebtednesssuch expense as the Lessor may be put to in re-entering, other than rent due hereunder, owing by the Tenant to the Landlord; second, and then to the payment of any costs said rent as the same may from time to time become due, and expenses toward the fulfillment of such reletting, including brokerage fees, solicitor’s fees the other covenants and agreements of the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunderLessee herein contained, and the residuebalances, if any, shall be held by paid to the Landlord Lessee; and applied in payment the Lessee hereby covenants and agrees that if the Lessor shall recover or take possession of future said premises as aforesaid, and be unable to re-let and rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that so as to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless realize a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent sum equal to the rent reserved in this Lease hereby reserved, the Lessee shall and will pay to the Lessor any and all loss of difference of rent for the remainder residue of the stated Term over term. The Lessee hereby gives to the then reasonable rental value as determined by Lessor the Landlord right to place and maintain its usual “for rent” signs upon the demised premises, in the place that the same are usually displayed on property similar to that herein demised, for the remainder last thirty days of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlordthis lease. “No representation is made that premises are lead free or that these premises are legally habitable.”

Re-entry. Proviso for To the greatest extent allowed by applicable law, Landlord or Landlord’s agents and employees may immediately or at any time thereafter re-entry by enter the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for thereof, peaceably but using such term or terms (which reasonable force as may be for a term required, and without judicial process, or terms extending beyond by any suitable action or proceeding at law, and may repossess the Term Premises, and may remove any persons, fixtures or chattels therefrom, to the end that Landlord may have, hold and enjoy the Premises. In the event of this Lease) and at any such rental or rentals retaking of possession of Premises by Landlord, Tenant shall remove all personal property located thereon and upon failure to do so upon demand of Landlord, Landlord may in addition to any other remedies allowed by law, remove and store the same in any place selected by Landlord, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay all sums due hereunder together with the cost of storing any such other terms property within thirty (30) days after it has been stored, Landlord may sell any or all of such property at public or private sale and conditions as shall apply the Landlord in its sole discretion may deem advisable. Upon each proceeds of such reletting all rentals received by the Landlord from such reletting shall be applied, sale first, to the payment cost of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlordsuch sale; second, to the payment of any costs the charges and expenses of such relettingfor reentry, including brokerage fees, solicitor’s fees removal and the costs of such alterations and repairsstorage; third, to the payment of all rentals any other sums of money that may be due and unpaid hereunder, from Tenant to Landlord under the terms of this Lease; and the residuebalance, if any, shall to Tenant. Tenant hereby waives all claims for damages that may be held caused by Landlord’s re-entering and taking possession of the Premises or removing and storing or selling the property of Tenant as herein provided, and will indemnify, defend and save Landlord harmless from loss, costs or damages to Tenant occasioned thereby, and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No no such re-entry or taking possession of the Leased Premises by the Landlord shall be considered or construed as an election on its part to terminate this Lease unless be a written notice of such intention is given to the Tenantforcible entry. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the LandlordRE-ENTRY OR TAKING POSSESSION OF SAID PREMISES BY LANDLORD SHALL NOT BE CONSTRUED AS AN ELECTION ON ITS PART TO TERMINATE THIS LEASE UNLESS A WRITTEN NOTICE OF SUCH INTENTION IS GIVEN TO TENANT.

Re-entry. Proviso for In the event of any re-entry and/or dispossession by summary proceedings or otherwise without termination of this Lease: IX.6.1 all Rent shall become due and shall be paid up to the Landlord on non-payment time of rent or non-performance or non-observance of covenants. The Landlord’s right of such re-entry hereunder or any powers conferred on the and/or dispossession, together with such expenses, including attorneys' fees, as Landlord shall incur in this Lease, all connection with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to such re-enter, as herein provided, or if it takes possession pursuant to legal entry and/or dispossession by summary proceedings or pursuant to any notice provided for by law, it otherwise; and IX.6.2 Landlord may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, all or any part thereof for such term of the Premises, either in the name of Landlord or terms (which may be otherwise, for a term or terms extending beyond which may, at Landlord's option, be equal to, less than, or greater than the Term period which would otherwise have constituted the balance of this Lease) and at the Term. IX.6.3 In connection with such rental or rentals and upon such other terms and conditions reletting: IX.6.1.1 Tenant shall pay, as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, firstAdditional Rent, to the payment of any indebtednessLandlord, other than rent due hereunderas they are incurred by Landlord, owing by the Tenant to the Landlord; secondsuch reasonable expenses as Landlord may incur in connection with reletting, to the payment of any costs including, without limitation, legal expenses, attorneys' fees, brokerage commissions, and expenses of such relettingincurred in altering, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunderrepairing, and putting the residue, if any, shall be held by Premises in good order and condition and in preparing the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Premises for reletting; IX.6.1.2 Tenant shall pay any such deficiency to Landlord, in monthly installments on the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession due dates for Rent payments for each month of the Leased Premises by balance of the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without terminationTerm, the Landlord may at amount by which any time thereafter elect to terminate this Lease for such previous breach. Should Rent payment exceeds the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excessnet amount, if any, of the rents for such period collected on account of the reletting of the Premises; any suit brought to collect such amount for any month or months shall not prejudice in any way the rights of rent Landlord to collect the deficiency for any subsequent month or months by a similar action or proceeding; IX.6.1.3 at Landlord's option exercised at any time, Landlord shall be entitled to recover immediately from Tenant, in addition to any other proper claims, but in lieu of and charges equivalent not in addition to any amount which would thereafter become payable under the preceding subsection, a sum equal to the rent reserved in this Lease amount by which the sum of the Rent for the remainder balance of the stated Term over Lease Term, compound discounted at a reasonable rate selected by Landlord to its then-present worth, exceeds the then reasonable net rental value as determined by of the Landlord Premises, compound discounted at the same annual rate to its then-present worth, for the remainder balance of the stated Lease Term. In determining such net rental value of the Premises, all the rent realized by any reletting of which amounts the Premises, if such reletting is upon terms (other than rental amounts) generally comparable to the terms of this Lease, shall be immediately due deemed to be such net rental value; and IX.6.1.4 at Landlord's option, Landlord may make such reasonable alterations and/or decorations in or upon the Premises as Landlord, in Landlord's sole judgment, considers advisable and payable necessary for the purpose of reletting the Premises; the making of such alterations and/or decorations shall not operate or be construed to release Tenant from liability under this Section; the cost of all such reasonable alterations and/or decorations shall be paid by Tenant to the LandlordLandlord as Additional Rent.

Re-entry. Proviso for If Landlord re-entry enters the Premises as a result of abandonment or a Default by the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant: (A) Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be appliedliable for damages to Landlord for all loss sustained, firstincluding, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunderwithout limitation, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession balance of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, Rent and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease Additional Rent due for the remainder of the stated Term over Term, court costs and reasonable attorneys’ fees; (B) Xxxxxx’s personal property and the then reasonable rental value personal property of any guest, invitee, licensee or occupant may be removed from the Premises and left on the street or alley or, at Landlord’s option, it may be removed and stored or disposed of at Landlord’s sole discretion. Any expense related to storage of Tenant’s personal property is the sole responsibility of Tenant. Landlord shall not be deemed a bailee of the removed property, and Landlord shall not be held liable for either civil or criminal action as determined by a result of the removal. Tenant shall indemnify Landlord for the remainder any expense in defending against any claim by Xxxxxx or third-party and for any legal expense, cost, fine or judgment awarded to any third-party as a result of Xxxxxxxx’s actions pursuant to this Section of the stated TermLease; (C) Landlord may attempt to re-let the Premises for such rent and under such terms as Landlord believes appropriate; (D) Landlord may enter the Premises, all of which amounts clean and make repairs and charge Tenant accordingly; (E) Any money that Xxxxxxxx receives from Tenant shall be immediately due applied first to Rent, Additional Rent, and payable from other payments due; and (F) Xxxxxx will surrender all keys and peacefully surrender and deliver up possession of the Tenant to the LandlordPremises.

Re-entry. Proviso for re-entry by If an Event of Default exists, then Landlord shall also have the Landlord on non-payment of rent right and is authorized, with or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, with or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, firstwithout notice, to the payment of any indebtednessextent permitted by applicable law, to re-enter the Premises, change or pick the locks, access codes, or other than rent due hereunder, owing by the Tenant access control devices to the Landlord; second, to Premises or the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunderBuilding, and to take any self-help measures or judicial action to remove and exclude Tenant and other occupants from the residuePremises, if anywithout liability for any resulting Damages. Landlord also is entitled to use the measures in the preceding sentence to remove all property from the Premises, shall which then may be held by stored in a public warehouse or elsewhere at the Landlord cost of and applied in payment for the account of future rent as the same may become due and payable hereunderTenant. If Landlord re-enters the rentals received from such reletting during any month shall Premises or terminates this Lease pursuant to this Section 28.d, then Tenant waives all claims for Damages that may be less than caused by that to be paid during that month re-entry or termination by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such Neither the re-entry or taking possession of the Leased Premises by Landlord pursuant to this Section 28.d, nor the service by Landlord of any notice pursuant to the forcible entry and detainer statutes of the State of Texas and the surrender of the Premises pursuant to that notice, shall be construed as an election on its part to terminate this Lease unless a written notice of such Landlord's intention to terminate the Lease is given to Tenant or unless the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excessLease is decreed by a court of competent jurisdiction, if any, of the amount of rent and charges equivalent to the rent reserved Tenant's obligations shall remain in this Lease effect for the remainder of the stated Term over Term. To the then reasonable rental value as determined by extent of any inconsistency or conflict between this Lease and the Landlord for the remainder provisions of Section 93.002 of the stated TermTexas Property Code (as amended, supplemented, modified, recodified, and/or replaced on one or more occasions, the "TPC"), it is the agreement of the parties that this Lease shall supersede Section 93.002. Landlord may take these actions without being deemed in any manner guilty of trespass, eviction, or forcible entry or detainer and without inclining any liability for damage resulting from these actions, including, without limitation, any liability arising under Chapter 93 of the TPC, and without relinquishing Landlord's fight to collect Rent, or any other right given to Landlord under this Lease or by operation of law. Tenant waives any and all rights to claim Damages for Landlord's re-entry and expulsion pursuant to this Lease, including any rights granted to Tenant by Chapter 93 of which amounts shall be immediately due and payable from the Tenant to the LandlordTPC.

Re-entry. Proviso for re-entry by In the event of any Default, Landlord on non-payment of rent shall also have the right, without demand or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in notice, without terminating this Lease, to re-enter the Premises and remove all with respect persons and property from the Premises, either by summary proceedings or by action at law, without being deemed guilty of trespass and without prejudice to non-any remedies for nonpayment or late payment of Minimum any Rent or additional rent, breach of any covenant. Such property may be exercised by removed and stored in a public warehouse or elsewhere at the Landlord immediately upon default being made by cost of and for the Tenant and without any notice thereof to the account of Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enterenter the Premises, as herein providedLandlord may terminate this Lease, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time time, without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, all or any part thereof of the Premises as agent for Tenant for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by , with the Landlord from such reletting shall be applied, first, right to make alterations and repairs to the payment Premises as Landlord, in Landlord's reasonable judgment, considers advisable and necessary for the purpose of any indebtedness, other than rent due hereunder, owing by reletting the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthlyPremises. No such re-entry or taking possession of the Leased Premises by the Landlord pursuant to this Section 23.3 shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless the Tenanttermination thereof is decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, the If Landlord may at any time thereafter elect to terminate terminates this Lease for such previous breach. Should or re-enters the Landlord at any time terminate Premises pursuant to this Lease for any breachArticle 23, Tenant shall remain liable (in addition to accrued liabilities) for: (i) any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth unpaid Rent due at the time of termination, plus interest thereon from the due date at the Prime Rate; provided, however, that if such interest is limited by law to a lesser amount, Landlord shall be entitled to the maximum amount of interest permitted by law, (ii) subject to clause (v) of this paragraph, Rent until the date this Lease would have expired had such termination not occurred; (iii) any and all reasonable expenses (including all reasonable attorneys' fees, costs and brokerage fees) incurred by Landlord in re-entering and repossessing the Premises, in making good any Default by Tenant, in protecting and preserving the Premises by use of watchmen and caretakers and in reletting the Premises (subject to the provisions of the excess, if any, immediately preceding paragraph and provided that Tenant shall not be liable for any expenses incurred by Landlord with respect to alterations which are not consistent with the use of the Premises as an athletic club and/or a use(s) complementary to an athletic club); and (iv) any other amount of rent and charges equivalent reasonably necessary to compensate Landlord for any other detriment actually caused Landlord by Tenant's failure to perform its obligations under this Lease, less (v) the net proceeds received by Landlord from any reletting prior to the rent reserved date this Lease would have expired if it had not been terminated. Tenant agrees to pay to Landlord the amount so owned above for each month during the Term, at the beginning of each such month. Any suit brought by Landlord to enforce collection of such amount for any one month shall not prejudice Landlord's right to enforce the collection of any such amount for any subsequent month. In addition to the foregoing, and without regard to whether this Lease has been terminated, Tenant shall pay to Landlord all costs incurred by Landlord, including reasonable legal fees and costs, with respect to any lawsuit or action instituted or taken by Landlord to enforce the provisions of this Lease. Tenant's liability shall survive the institution of summary proceedings and the issuance of a warrant or writ thereunder. If Landlord terminates this Lease, Landlord shall have the right at any time, at its sole option, to require Tenant to pay to Landlord on demand, as liquidated and agreed final damages in lieu of Tenant's liability hereunder: (i) the then present cash value of the Rent, and all other sums which would have been payable under this Lease from the date of such demand to the date when this Lease would have expired if it had not been terminated, minus (ii) the fair market value of the Premises for the same period; provided, however, that if such damages are limited by law to a lesser amount, Landlord shall be entitled to prove as liquidated damages the maximum amount permitted by law. Landlord shall use commercially reasonable efforts to relet the Premises in the event this Lease is terminated pursuant to the provisions of this Article 23. Tenant, on its own behalf and on behalf of all persons claiming through Tenant, including, but not limited to, all creditors, does hereby waive any and all rights and privileges, so far as is permitted by law, which Tenant and all such persons might otherwise have under any present or future law: (i) to redeem the Premises; (ii) to reenter or repossess the Premises; (iii) to restore the operation of this Lease, with respect to any dispossession of Tenant by judgment, warrant or writ of any court or judge, or any re-entry by Landlord, any expiration or termination of this Lease, whether such dispossession, re-entry, expiration or termination of this Lease shall be by operation of law or pursuant to the provisions of this Lease; or (iv) to the service of any notice of intention to re-enter or notice to quit which may otherwise be required to be given. The words "disposition," "re-enter", and "re-elected" as used in this Lease for shall not be deemed to be restricted to their technical meanings. In the remainder event of any breach or threatened breach by Tenant or any persons claiming through Tenant of any of the stated Term over the then reasonable rental value as determined by the provisions contained in this Lease, Landlord for the remainder of the stated Term, all of which amounts shall be immediately due entitled to enjoin such breach or threatened breach and payable from shall have the Tenant right to the Landlordinvoke any right or remedy allowed at law, in equity, or otherwise.

Re-entry. 14.01 Proviso for re-entry by the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right . 14.02 Notwithstanding any statutory provision to the contrary, if the Tenant shall fail to comply with any of re-entry hereunder or its covenants herein contained including the covenant to pay Minimum Rent and any powers conferred on the Landlord in additional rent due pursuant to this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon may give to the Tenant not less than five (5) days written notice requiring such default being made to be remedied and if such default is not remedied by the Tenant within the aforesaid five (5) day period, then and without in any notice thereof such case, the Landlord shall be entitled to proceed against the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario Tenant pursuant to the contrary. Paragraph 14.03 herein. 14.03 If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may may, from time to time time, without terminating this Lease, make such alterations and repairs as may be necessary, necessary in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord Landlord, in its sole discretion discretion, may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s 's fees and the costs of such alterations and repairs; , third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that the month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s 's fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.

Re-entry. Proviso for re-entry by (a) If and whenever the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond any other monies payable by the Term of Tenant under this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting , shall be appliedunpaid when the same ought to have been paid, firstalthough no formal demand shall have been made therefor, to or in case of the breach or non- performance of any of the covenants or agreements (other than for the payment of any indebtedness, rent and other than rent due hereunder, owing by monies) herein contained on the part of the Tenant to or if the Landlord; secondPremises are vacated or become vacant or remain unoccupied for five (5) days or are not used for the purpose specified then, and in any of such cases, the then current month’s rent together with the rent for the next three months next ensuing shall immediately become due and payable, and it shall be lawful for the Landlord at any time thereafter without notice or any form of legal process whatever, to re-enter into and upon the payment Premises or any part thereof, in the name of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunderwhole, and the residuesame to have again, if anyrepossess and enjoy, as of the Landlord’s former estate, anything herein contained to the contrary or in any statute or law to the contrary notwithstanding, whereupon this Lease shall terminate forthwith, provided however such termination shall be held by wholly without prejudice to the right of the Landlord to recover arrears of rent and applied in payment damages for any antecedent breach of future rent as covenant on the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession part of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may subsequently recover from the Tenant all damages it has incurred or may incur losses, damages, costs (including legal fees on a solicitor and his own client basis) and expenses whatsoever suffered by reason of such breachthis Lease having been prematurely determined. (b) The Tenant further agrees with the Landlord that in any of the cases above described in Section 12.00(a), including the cost of recovering Landlord, in addition to the Leased Premisesother rights hereby reserved to it, reasonable solicitorshall have the right to enter the Premises or otherwise without being liable for any prosecution therefor and to re-lease or sublet, as the Tenant’s feesagent, the Premises or any part thereof, and including to apply the worth at the time proceeds of such termination re-leasing or sub-leasing on account of rent due or in satisfaction of the excessbreach of any covenant or agreement herein contained and the Tenant shall remain liable for the deficiency, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.

Re-entry. Proviso for If this Lease and the Term shall terminate as provided in Article 17: (a) Landlord and Landlord’s agents may at any time after the date upon which this Lease shall terminate, re-enter the Premises or any part thereof, without notice, either by summary proceeding or by any other applicable lawful action or proceeding, and may repossess the Premises and dispossess Tenant and any other persons from the Premises and remove any and all of its or their property and effects from the Premises, and in no event shall re-entry by be deemed an acceptance of surrender of this Lease; and (b) Landlord may relet the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder whole or any powers conferred on part or parts of the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may Premises from time to time without terminating this Leaseeither in the name of Landlord or otherwise, make to such alterations and repairs as may be necessarytenant or tenants, in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term ending before, on or terms extending beyond after the Term of this Lease) and Expiration Date, at such rental or rentals and upon such other terms conditions, which may include concessions and conditions free rent periods reasonably required under then existing market conditions, as the Landlord Landlord, in its sole discretion discretion, may deem advisablereasonably determine. Upon each Landlord, at its option, may make such repairs, replacements, alterations, additions, improvements, decorations and other physical changes in and to the Premises as necessary to restore the Premises to first class office space in good condition in connection with any such reletting all rentals received by the Landlord from or proposed reletting, without relieving Tenant of any liability under this Lease or otherwise affecting any such reletting liability. Tenant shall be appliedliable for the amount of all expenses reasonably incurred by Landlord in connection with such repairs, firstreplacements, alterations, additions, improvements, decorations and other physical changes made by Landlord to restore the payment of any indebtedness, other than rent due hereunder, owing by Premises to good condition first class office space and the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including without limitation reasonable brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlordlegal expenses.

Re-entry. Proviso It is hereby agreed that when: (a) the Tenant shall be in default in the payment of any rent, for re-entry a period of seven (7) days after having received notice of default; (b) the Tenant shall be in default of any of its terms, covenants, obligations and stipulations, conditions and agreements under this Lease (other than its covenant to pay rent) and such default shall have continued for a period of ten (10) consecutive days after notice by the Landlord on non-payment to the Tenant specifying with reasonable particularity the nature of such default and requiring the same to be remedied, provided further that if the Tenant is taking steps to remedy and cannot complete within ten (10) days, such ten (10) day period shall be extended as the Landlord reasonably determines to permit the Tenant to remedy; (c) any property of the Tenant has been sold under a valid writ of execution, or the Tenant shall have made an assignment for the benefit of creditors, or have had a receiving order made against it under the Bankruptcy and Insolvency Act, R.S.C 1985, as amended, or becoming bankrupt or insolvent, or shall have made application for relief under the provisions of any statute now or hereafter in force concerning bankrupt or insolvent debtors, or any action whatever, legislative or otherwise, shall have been taken with a view to the winding up, dissolution or liquidation of the Tenant; (d) any insurance policy is cancelled or not renewed by an insurer by reason of any particular use or occupation of the Premises, or; (e) the Premises shall have been vacated or have become vacant or shall have remained unoccupied for a period of fifteen (15) consecutive days: then and in any of such cases, the then current month's rent together with the rent for the three (3) months ensuing shall immediately become due and payable, and at the option of the Landlord the Term shall become forfeited and void, and the Landlord without notice or non-performance or non-observance any form of covenants. The Landlord’s right of legal process whatsoever may forthwith re-entry hereunder or any powers conferred on enter the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding. Such forfeiture shall be wholly without prejudice to the right of the Landlord to recover arrears of rent and damages for such term or terms (which may be for a term or terms extending beyond any antecedent breach of the Term terms, covenants, obligations and stipulations, conditions and agreements of the Tenant under this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, forfeiture the Landlord may at any time thereafter elect to terminate subsequently recover from the Tenant damages for loss of rent suffered by reason of this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, having been prematurely determined and it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, with respect thereto including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.

Re-entry. Proviso PROVISION FOR RE-ENTRY by the said Lessor on non-payment of net rent for a period of Seven (7) business days and for any other rent for fifteen (15) business days or non-performance of covenant for fifteen (15) days or such longer period as is reasonably required to cure such default after written notice from the Lessor. The above powers may be exercised whether legal demand for the rent has been made of not. Provided, further, that upon such re-entry by the Landlord on non-payment Lessor under the terms of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder this paragraph, or any powers conferred on other provision or provisions of this lease, the Landlord landlord may, in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant addition to any notice provided for by lawother remedies to which the Lessor my be entitled, it may either terminate this Lease or it may at its option, at any time and from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, demised premises or any part or parts thereof for such term the account of the Lessee or terms (which may be for a term or terms extending beyond otherwise and receive and collect the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as rents thereof, applying the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, same first to the payment of any indebtednesssuch expenses as the Lessor may have incurred in recovering possession of the demised premises including the legal expenses and solicitors' fees and for putting the same into good order or condition or preparing or altering the same for re-rental and all other expenses, other than rent due hereundercommissions and charges paid, owing assumed or incurred by the Tenant Lessor in or about re-letting the premises and then to the Landlord; second, to fulfilment of the payment covenants of the tenant hereunder. Any such re-letting herein provided for may be for the remainder of the term as originally granted or for a longer or shorter period. In any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereundercase, and whether or not the residue, if any, shall demised premises or any part hereof be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunderre-let, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall Lessor the rental hereby reserved and all other sums required to be calculated and paid monthly. No such re-entry by the Tenant up to the time of the termination of this lease or taking of recovery of possession of the Leased Premises demised premises by the Landlord shall be construed Lessor, as an election on its part the case may be, and thereafter the Lessee covenants and agrees, if required by the Lessor, to terminate this Lease unless a written notice of such intention is given pay to the Tenant. Notwithstanding any such reletting without terminationLessor until the end of the term of this lease, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination equivalent of the excessamount of all the rental hereby reserved and all other sums required to be paid by the Lessee hereunder, less the net avails or re-letting, if any, and the same shall be due and payable by the Lessee to the Lessor on the days herein provided for rental, that is to say upon each of the days herein provided for the payment of rental, the Lessee shall pay to the Lessor the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the deficiency then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlordexisting.

Re-entry. Proviso If Landlord re-enters the Premises as a result of abandonment or a Default by Tenant: (A) As provided by the Act, Tenant shall be liable for all actual damages incurred by Landlord for all loss sustained, including, without limitation, and Landlord will pursue any court costs and reasonable attorneys’ fees as actual damages as provided by the Act; (B) Xxxxxx’s personal property and the personal property of any guest, invitee, licensee or occupant may be removed from the Premises and left on the street or alley or, at Landlord’s option, it may be removed and stored or disposed of at Landlord’s sole discretion at any time following fourteen (14) days after re-entry following abandonment of the premises. Any expense related to storage of Tenant’s personal property is the sole responsibility of Tenant. Landlord shall have no duty to store or preserve any property items set out of the leased premises by or under the supervision of the Sheriff via the eviction process. Landlord shall not be deemed a bailee of the removed property, and Landlord shall not be held liable for either civil or criminal action as a result of the removal. Tenant shall indemnify Landlord for any expense in defending against any claim by Xxxxxx or third-party and for any legal expense, cost, fine or judgment awarded to any third-party as a result of Xxxxxxxx’s actions pursuant to this Section of the Lease; (C) Landlord may enter the Premises, clean and make repairs and charge Tenant accordingly; (D) Any money that Xxxxxxxx receives from Tenant shall be applied first to Rent, Additional Rent, and other payments due; and (E) Xxxxxx agrees to surrender all keys and peacefully surrender and deliver up possession of the Premises, or to otherwise pay all actual damages incurred by the Landlord on non-payment as a result of rent or non-performance or non-observance of covenants. The Landlordtenant’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect failure to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlorddo so.

Re-entry. Proviso for IN THE EVENT that the Tenant shall be in default of any of its covenants to pay Rent or Additional Rent, the Landlord shall give to the Tenant notice in writing stating the said default with reasonably sufficient particulars, and requiring that the said default is not remedied by the Tenant within seven (7) business days (excluding Saturdays, Sundays and Statutory holidays) after the receipt of such notice, the Landlord may at its option either enter into and upon the Leased Premises or any part thereof in the name of the whole and have again, repossess, and enjoy the same as of its former estate and the said Lease shall thereupon terminate. In the event that the Tenant shall be in default of any of its covenants hereunder, other than the covenant of the Tenant to pay Rent or Additional Rent, the Landlord shall give to the Tenant notice in writing stating the said default with reasonably sufficient particulars, and requiring that the said default be remedied and require that if such default is not remedied by the Tenant within thirty (30) days after the receipt of such notice, or such longer period as may be reasonably necessary in view of the nature of the default, the Landlord may, if the aforementioned notice and cure period has expired at its option either enter into and upon the Leased Premises or any part thereof in the name of the whole and have again, repossess, and enjoy the same as of its former estate and the said Lease shall thereupon terminate, or itself take steps and to do or cause to be done such things as may be necessary to remedy and correct such defaults. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry by the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of as hereinbefore provided for, any re-entry hereunder or any powers conferred on other action so taken shall not be deemed to relieve the Tenant of its obligation to pay Rent and other monies payable as Rent in accordance with the provisions hereof and said Rent and other monies shall continue to accrue and be payable until such time as the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects is able to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet let the Leased Premises, or otherwise deal with the same in such manner that it did not sustain any part thereof for such term loss should the Tenant then after fail to pay the Rent and other monies payable as Rent or terms (which may be for a term or terms extending beyond the Term of otherwise under this Lease) . Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Leased Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and at to receive the Rent therefore, said Rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such rental or rentals and upon lease, the Landlord may make such other terms and conditions changes in the character of the improvements of the Leased Premises as the Landlord may determine to be appropriate or helpful in its sole discretion may deem advisable. Upon each effecting such reletting all rentals received by lease; but in no event shall the Landlord from such reletting shall be applied, first, under any obligation to re­let the Leased Premises in whole or in part for any purpose which the Landlord may regard as injurious to the payment of Leased Premises, or to any indebtedness, other than rent due hereunder, owing by the Tenant to which the Landlord; second, in the exercise of reasonable discretion, shall deem to the payment of be objectionable and to apply any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals Rent due and unpaid hereunder, and the residueTenant shall remain liable to the landlord for the deficiency, if any, shall be held it being the intention hereof that nothing herein contained and no entry made by the Landlord and applied landlord hereunder shall in any way release the Tenant from the payment of future rent Rent hereby reserved during the term hereof beyond such sum as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month realized by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No landlord by such re-entry letting or taking possession by the proceeds of any distress made by the landlord against the Tenant; and provided that the landlord shall not In any event be required to pay to the Tenant any Surplus of any sums received by the landlord on a re-letting of the Leased leased Premises by in excess of the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given Rent reserved hereunder. Notwithstanding anything to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breachcontrary herein, in addition to any remedies it may have, it may recover from no event shall Tenant’s total liability hereunder exceed the Tenant all damages it has incurred or may incur by reason of such breach, total remaining Rent including the cost of recovering Operating Expenses under the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated lease Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.

Re-entry. Proviso for re-entry 6.1.1 Where there occurs a breach by the Landlord on non-Tenant of Clause 3.9 and/or following the incidence of damage to or destruction of the Property and subject to receipt of all necessary consents licences permissions and the like to apply the proceeds of the policy of the insurance or payment under the Risk Protection Arrangement received for those purposes in rebuilding and reinstating the Property (provided that this covenant should be satisfied if the Tenant provides premises not necessarily identical to the Property as the same existing prior to such damage or destruction occurring) as soon as may be reasonably practicable provided that in case it shall be impossible or impracticable to reinstate the Property in accordance with the provisions of rent this Clause Insurance within 3 years of the date of damage or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred destruction occurring either party may serve written notice on the Landlord other to terminate this Lease and upon service of such notice this Lease shall immediately cease and determine but without prejudice to the rights of either party against the other in respect of any prior breach of any obligation contained in this Lease, all with respect to non-payment Lease and any monies received under the said policy of Minimum Rent insurance or additional rent, may under the Risk Protection Arrangement whether before or after the termination of this Lease shall be exercised paid by the Tenant on receipt to the Landlord immediately upon default being made and shall as between the Landlord and the Tenant belong to the Landlord absolutely; of this Lease and the Landlord has served written notice specifying such breach and the remedial action required by the Tenant and without any notice thereof if within a reasonable period (taking account of the breach complained of) the Tenant has not taken steps to remedy such breach or the Tenant, notwithstanding anything contained herein Tenant is dissolved or in struck off or removed from the Commercial TenanciesAct Register of Ontario Companies or otherwise ceases to the contrary. If exist then it is lawful for the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received person authorised by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for afterwards to re-enter upon the Property or any breach, part of it in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.name of

Re-entry. Proviso for re-entry by In the event of any Default, Landlord on non-payment of rent shall also have the right, without demand or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in notice, without terminating this Lease, to re-enter the Premises and remove all with respect persons and property from the Premises, either by summary proceedings or by action at law, without being deemed guilty of trespass and without prejudice to non-any remedies for nonpayment or late payment of Minimum any Rent or additional rent, breach of any covenant. Such property may be exercised by removed and stored in a public warehouse or elsewhere at the Landlord immediately upon default being made by cost of and for the Tenant and without any notice thereof to the account of Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enterenter the Premises, as herein providedLandlord may terminate this Lease, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time time, without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, all or any part thereof of the Premises as agent for Tenant for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by , with the Landlord from such reletting shall be applied, first, right to make alterations and repairs to the payment Premises as Landlord, in Landlord's reasonable judgment, considers advisable and necessary for the purpose of any indebtedness, other than rent due hereunder, owing by reletting the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthlyPremises. No such re-entry or taking possession of the Leased Premises by the Landlord pursuant to this Section 23.3 shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless the Tenanttermination thereof is decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, the If Landlord may at any time thereafter elect to terminate terminates this Lease for such previous breach. Should or re-enters the Landlord at any time terminate Premises pursuant to this Lease for any breachArticle 23, Tenant shall remain liable (in addition to accrued liabilities) for: (i) any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth unpaid Rent due at the time of termination, plus interest thereon from the due date at the Prime Rate; provided, however, that if such termination interest is limited by law to a lesser amount, Landlord shall be If Landlord terminates this Lease, Landlord shall have the right at any time, at its sole option, to require Tenant to pay to Landlord on demand, as liquidated and agreed final damages in lieu of Tenant's liability hereunder: (i) the then present cash value of the excessRent, and all other sums which would have been payable under this Lease from the date of such demand to the date when this Lease would have expired if anyit had not been terminated, minus (ii) the fair market value of the Premises for the same period; provided, however, that if such damages are limited by law to a lesser amount, Landlord shall be entitled to prove as liquidated damages the maximum amount of rent and charges equivalent permitted by law. Landlord shall use commercially reasonable efforts to relet the Premises in the event this Lease is terminated pursuant to the rent reserved in provisions of this Lease for the remainder Article 23. Tenant, on its own behalf and on behalf of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Termall persons claiming through Tenant, including, but not limited to, all of creditors, does hereby waive any and all rights and privileges, so far as is permitted by law, which amounts shall be immediately due Tenant and payable from all such persons might otherwise have under any present or future law: (i) to redeem the Tenant Premises; (ii) to reenter or repossess the Landlord.Premises;

Re-entry. Proviso for re-entry by the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.

Re-entry. Proviso for If this Lease and the Term shall terminate as provided in Article 17: (a) Landlord and Landlord’s agents may at any time after the date upon which this Lease shall terminate, re-enter the Premises or any part thereof, without notice, either by summary proceeding or by any other applicable lawful action or proceeding, and may repossess the Premises and dispossess Tenant and any other persons from the Premises and remove any and all of its or their property and effects from the Premises, and in no event shall re-entry by be deemed an acceptance of surrender of this Lease; and (b) Landlord may relet the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder whole or any powers conferred on part or parts of the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may Premises from time to time without terminating this Leaseeither in the name of Landlord or otherwise, make to such alterations and repairs as may be necessarytenant or tenants, in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term ending before, on or terms extending beyond after the Term of this Lease) and Expiration Date, at such rental or rentals and upon such other terms conditions, which may include concessions and conditions free rent periods reasonably required under then existing market conditions, as the Landlord Landlord, in its sole discretion discretion, may deem advisable. Upon each reasonably determine, Landlord, at its option, may make such repairs, replacements, alterations, additions, improvements, decorations and other physical changes in and to the Premises as necessary to restore the Premises to first class office space in good condition in connection with any such reletting all rentals received by the Landlord from or proposed reletting, without relieving Tenant of any liability under this Lease or otherwise affecting any such reletting liability, Tenant shall be appliedliable for the amount of all expenses reasonably incurred by Landlord in connection with such repairs, firstreplacements, alterations, additions, improvements, decorations and other physical changes made by Landlord to restore the payment of any indebtedness, other than rent due hereunder, owing by Premises to good condition first class office space and the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including without limitation reasonable brokerage fees, solicitor’s fees (pro-rated to cover the unexpired portion of the Term) and the costs of such alterations and repairs; third, legal expenses but only to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held extent Landlord does not recoup such costs by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlordreletting.

Re-entry. Proviso for 8.1.1 The Tenant will be in default under the Lease if, during the Term: (a) the Tenant fails to pay the Gross Rent or any other sum payable under the Lease within seven (7) days after the due date (whether or not formally demanded); or (b) the Tenant fails to comply with its obligations under the Lease (other than payment of Gross Rent and any other sum payable under the Lease) and (where the breach is capable of remedy) fails to make good the default within fourteen (14) days (or any other period stipulated by the Landlord) of the Landlord’s notice ; or (c) any distress or execution is levied on the Tenant’s property and is not discharged within seven (7) days; or (d) an event of insolvency occurs or is likely to occur in relation to the Tenant. 8.1.2 In any of the above events, the Landlord may re-entry by enter and take possession of the Landlord on non-payment Premises (or any part of rent or non-performance or non-observance of covenants. The Landlord’s it) at any time (even if any previous right of re-entry hereunder or any powers conferred on has been waived) and to re­possess the Premises and the Term and the Lease shall absolutely cease and determine. 8.1.3 The exercise of the Landlord of its right of re-entry will not affect any rights of the Landlord against the Tenant (including rights in this Leaserespect of the default under which the re-entry is made). 8.1.4 The Tenant must indemnify the Landlord from and against all cost, loss, damages and expenses (including, without limitation, Gross Rent for the Rent Free Period and loss of Gross Rent which would have been payable by the Tenant if the Term had been completed and all with respect to noncosts and expenses incurred for re-payment letting or attempted re-letting of Minimum Rent or additional rentthe Premises), may be exercised suffered by the Landlord immediately upon default being made by as a result of the Tenant Landlord exercising its right of re-entry. This indemnity will not affect the other rights and without any notice thereof to remedies of the Landlord against the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.

Re-entry. Proviso In case of any such re-entry, expiration and/or dispossess by summary proceedings or otherwise, the rent shall become due thereupon and be paid up to the time of such re-entry, dispossess, and/or expiration, together with such expenses as LANDLORD may incur for brokerage and/or putting the Demised Premises in good order, or for preparing the same for re-entry by the Landlord on non-payment of rent or non-performance or non-observance of covenantsrental. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, LANDLORD may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, premises or any part thereof for such term or terms (which may be parts thereof, either in the name of LANDLORD or otherwise, for a term or terms extending beyond the Term of this Lease) and which may at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitorLANDLORD’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall option be less than that or exceed the period which may otherwise have constituted the balance of the term of this Lease and may grant reasonable concessions, or free rent; and TENANT shall also pay LANDLORD any deficiency between (1) all rent and additional charges hereby reserved and/or covenanted to be paid during that month by paid; and (2) the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excessnet amount, if any, of the amount rents collected on account of rent and charges equivalent the leasing of the Demised Premises for each month of the period which would otherwise have constituted the balance for the term of this Lease. In computing amount, there shall be added to the deficiency such expenses as LANDLORD may incur in connection with reletting, such as for brokerage, for keeping the Demised Premises in good order, and for preparing the same for reletting. Any such amount shall be paid in monthly installments by TENANT on the rent reserved days specified in this Lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of LANDLORD to collect the deficiency for any subsequent month by a similar proceeding. LANDLORD, in its discretion, may make such alterations, repairs, replacements, and/or decorations in the Demised Premises as may be necessary for the remainder purpose of reletting the Demised Premises; and the making of such alterations and/or decorations shall not operate or be construed to release TENANT from liability hereunder as aforesaid. Provided LANDLORD has used commercially reasonable efforts to mitigate its damages and has used commercially reasonable efforts to relet the Demised Premises, LANDLORD shall not be liable for failure to relet the Demised Premises. In addition to the foregoing remedies described in this and preceding paragraphs, in the event TENANT shall file a voluntary petition in bankruptcy or take the benefit of any insolvency act or be dissolved or adjudicated as bankrupt, or if a receiver shall be appointed for its business or its assets and the appointment of such receiver is not vacated within sixty (60) days after such appointment, or if TENANT shall make an assignment for the benefit of its creditors, or if TENANT’s interest herein shall be sold under execution, then and forthwith thereafter LANDLORD shall have the right, at its option and without prejudice to its rights hereunder, to terminate this Lease and to re-enter and take possession of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be Demised Premises and/or declare immediately due and payable from all of the Tenant to the Landlordamounts as described above in this Article 31, which shall constitute a debt provable in bankruptcy or receivership.

Re-entry. Proviso In case of any such re-entry, expiration and/or dispossess by summary proceedings or otherwise, the Annual Base Rent shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such expenses as Landlord may incur for brokerage, attorneys fees, and/or putting the Demised Premises in good order, or for preparing the same for re-entry by the rental. Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, Demised Premises or any part thereof for such term or terms (which may be parts thereof, either in the name of Landlord or otherwise, for a term or terms extending beyond the Term of this Lease) and which may at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall 's option be less than that or exceed the period which may otherwise have constituted the balance of the term of this Lease and may grant reasonable concessions, or free rent; and Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant's covenants herein contained, any deficiency between (i) all Annual Base Rent and additional charges hereby reserved and/or covenanted to be paid during that month by paid; and (ii) the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excessnet amount, if any, of the amount rents collected on account of rent and charges equivalent the Lease of the Demised Premises for each month of the period which would otherwise have constituted the balance of the term of this Lease. In computing such liquidated damages, there shall be added to the said deficiency such expenses as Landlord may incur in connection with reletting, such as for brokerage, attorneys' fees, advertising, for keeping the Demised Premises in good order, and for preparing the same for reletting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent reserved days specified in this Lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in its discretion, may make such alterations, divisions, repairs, replacements, and/or decorations in the Demised Premises as may be necessary for the remainder purpose of reletting the stated Term over Demised Premises, and the then reasonable rental value making of such alterations and/or decorations shall not operate or be construed to release Tenant from liability hereunder as determined by aforesaid. Landlord shall not be liable for failure to relet the Landlord for the remainder of the stated Term, all of which amounts Demised Premises. The words "re-enter" or "re-entry" as used in this Lease shall not be immediately due and payable from the Tenant restricted to the Landlordtheir technical legal meaning.

Re-entry. Proviso for To re-entry by enter the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder Premises and remove all persons and all or any powers conferred property therefrom, either by summary dispossessory proceedings, ejectment or by any suitable action or proceeding at law, without being liable to indictment, prosecution or damages therefore, except for the negligent, willful or wanton acts or omissions of the Landlord, its agents, employees, representatives, licensees or invitees, and repossess and enjoy the Premises, together with all additions, alterations and improvements. Upon recovering possession of the Premises by reason of or based upon or arising out of a material default on the Landlord in this Lease, all with respect to non-payment part of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-entermay, as herein providedat Landlord's option, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, necessary in order to relet relet, and may relet, the Leased Premises, Premises or any part thereof for such term or terms (which may be parts thereof, without notice to Tenant, for a term or terms extending beyond which may at Landlord's option be less than or exceed the period which would otherwise have instituted the balance of the Term of this Lease) Lease and at such rental rent or rentals rents and upon such other terms and conditions as the Landlord in its Landlord's sole and absolute discretion may deem advisable. Upon seem advisable but within the then fair rentable value of the Premises and to such person or persons as may in Landlord's discretion seem best; upon each such reletting all rentals rents received by the Landlord from such reletting shall be applied, : first, to the payment of any indebtedness, indebtedness other than rent due hereunder, owing by the hereunder from Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees, solicitor’s fees and the reasonable attorney's fees and all costs of such alterations and repairs; third, to the payment of all rentals rent due and unpaid hereunder, ; and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same it may become due and payable hereunder. If the such rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by or the Landlord making of alternations and/or improvements thereto or the reletting thereof shall be construed as an election on its the part of Landlord to terminate this Lease unless a written notice of such intention is be given to Tenant. Landlord shall in no event be liable in any way whatsoever for failure after diligent attempts to relet the Premises or, in the event that the Premises or any part or parts thereof are relet, for failure to collect the rent after reasonable efforts to collect such rent thereof under such reletting. Tenant, for Tenant and Tenant's successors and assigns, hereby irrevocably constitutes and appoints Landlord as Tenant's agent to collect the rents due and to become due under all subleases of the Premises or any parts thereof without in any way affecting Tenant's obligation to pay any unpaid balance of rent due or to become due hereunder. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.

Re-entry. Proviso Where there occurs a breach by the Tenant of clause 3.9 and/or 5.1.2 of this Lease and the Landlord has served written notice specifying such breach and the remedial action required by the Tenant and if within a reasonable period (taking account of the breach complained of) the Tenant has not taken steps to remedy such breach or the Tenant is dissolved or struck off or removed from the Register of Companies or otherwise ceases to exist then it is lawful for re-entry the Landlord or any person authorised by the Landlord on nonat any time afterwards to re-payment enter upon the Property or any part of rent or non-performance or non-observance it in the name of covenants. the whole and thereupon the Term absolutely determines without prejudice to any right of action of the Landlord in respect of any breach of the Tenant's obligations contained in this Lease The Landlord’s Landlord may not exercise the right of re-entry hereunder under clause 6.1.1 unless it has given prior notice to the Secretary of State of the breach in respect of which there is a claim against the Tenant and such notice is to contain sufficient detail of the circumstances of the breach to allow the Secretary of State the opportunity to remedy the breach (“the Landlord’s Notice”) The Secretary of State shall within sixty (60) days of receipt of the Landlord’s Notice serve written notice (“Acceptance Notice”) either agreeing or refusing to remedy the breaches specified in the Landlord’s Notice and (if applicable) indicating an intention for this Lease to be assigned in accordance with the terms of this Lease In the event that the Secretary of State fails to serve an Acceptance Notice within sixty (60) days of receipt of the Landlord’s Notice it will be deemed to refuse to remedy the breaches specified in the Landlord’s Notice, and the Landlord may exercise the right of re-entry under clause 6.1.1 In the event that the Secretary of State serves an Acceptance Notice the Secretary of State will be deemed to be agreeing to remedy all the breaches specified in the Landlord’s Notice or take or procure an assignment of this Lease in accordance with the terms of this Lease Following service of an Acceptance Notice the Secretary of State (as appropriate) will have a reasonable length of time (or such longer period as may be agreed between the parties acting reasonably) to: take steps to remedy the breaches specified in the Landlord’s Notice to the Landlord’s reasonable satisfaction and (if applicable); or accept or procure an assignment to the Secretary of State or his or her nominee of the residue of the term of this Lease in accordance with its terms during which time the Landlord will not be able to exercise the right of re-entry under clause 6.1.1 If the Secretary of State (as appropriate) fails to remedy the breaches to the Landlord’s reasonable satisfaction or accept or procure an assignment of this Lease in accordance with the terms of this Lease in the time period specified in clause 6.1.6 the Landlord may exercise the right of the re-entry under clause 6.1.1 Any dispute between the Landlord and the Tenant about whether the breaches specified in the Landlord’s Notice have been adequately remedied or whether an assignment has been accepted or procured in accordance with the terms of this Lease are to be dealt with pursuant to clause 12 of this Lease The Landlord's right to forfeit this Lease is not affected by any acceptance of or demand for rent or any powers conferred on the Landlord in action which would affirm this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised Lease by the Landlord immediately with knowledge of a breach of any of the Tenant's covenants contained in this Lease and the Tenant is not in any proceedings for forfeiture or otherwise entitled to rely upon default being any such acceptance demand or affirmation as aforesaid as a defence provided that this provision only applies to any acceptance of or demand for rent or affirmation of this Lease made during such period as may in all the circumstances be reasonable for enabling the Landlord to conduct negotiations with the Tenant for remedying the breach Section 196 of the Law of Property Act 1925 as amended by the Tenant Recorded Delivery Service Act 1962 applies to all notices which may require to be served under the terms of this Lease except that section 196 is deemed to be amended as follows:- the final words of section 196(4) "and without that service ………. be delivered" are deleted and there is substituted "and that service is deemed to have been made on the third working day after the registered letter has been posted" and "working day" means any day from Monday to Friday (inclusive) other than Christmas Day Good Friday and any statutory or bank holiday; any notice thereof or document is also sufficiently served if sent by telephonic facsimile transmission to the Tenant, notwithstanding anything contained herein or in party to be served and that service is deemed to be made on the Commercial TenanciesAct day of Ontario transmission if transmitted before 4.00pm on a working day but otherwise on the next following working day; if the party to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to whom any notice provided for to be served consists of more than one person the service of notice upon one of such persons constitutes service upon all of them; any notice to be given by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as a party may be necessary, in order given by that party's solicitor or agent and when addressed to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention party is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur not rendered invalid by reason of such breach, including that party having died become insolvent or changed name whether or not the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination party serving notice is aware of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.fact

Re-entry. Proviso for If Landlord re-entry enters the Premises as a result of abandonment or a Default by the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant: (A) Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be appliedliable for damages to Landlord for all loss sustained, firstincluding, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunderwithout limitation, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession balance of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, Rent and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease Additional Rent due for the remainder of the stated Term over Term, court costs and reasonable attorneys’ fees; (B) Tenant’s personal property and the then reasonable rental value personal property of any guest, invitee, licensee or occupant may be removed from the Premises and left on the street or alley or, at Landlord’s option, it may be removed and stored or disposed of at Landlord’s sole discretion. Any expense related to storage of Tenant’s personal property is the sole responsibility of Tenant. Landlord shall not be deemed a bailee of the removed property, and Landlord shall not be held liable for either civil or criminal action as determined by a result of the removal. Tenant shall indemnify Landlord for the remainder any expense in defending against any claim by Tenant or third-party and for any legal expense, cost, fine or judgment awarded to any third-party as a result of Landlord’s actions pursuant to this Section of the stated TermLease; (C) Landlord may attempt to re-let the Premises for such rent and under such terms as Landlord believes appropriate; (D) Landlord may enter the Premises, all of which amounts clean and make repairs and charge Tenant accordingly; (E) Any money that Landlord receives from Tenant shall be immediately due applied first to Rent, Additional Rent, and payable from other payments due; and (F) Tenant will surrender all keys and peacefully surrender and deliver up possession of the Tenant to the LandlordPremises.

Re-entry. Proviso for re-entry by In the Landlord on non-payment event the Lessee shall be in default of any of its covenants hereunder including the covenant of the Lessee to pay rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, whether legal demand has been made or not, the Lessor may be exercised by at its option either enter into and upon the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, Demised Premises or any part thereof for in the name of the whole and have again, repossess and enjoy the same as if its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such term or terms (which things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the lessee and claim against the Lessee for damages suffered. Provided further that I the event that the Lessor shall be entitled to, and shall elect to make a term re-entry as hereinbefore provided for, any re-entry or terms extending beyond other action so taken shall not be deemed to relieve the Term Lessee of this Lease) the obligation to pay rent and at other monies payable as rent hereunder and such rental or rentals rent and upon other monies payable as rent hereunder and such rent and other terms monies payable as rent in accordance with the provision hereof shall continue to accrue and conditions be payable until such time as the Landlord Lessor is able to re-let the premises, or otherwise deal with the same in its sole discretion such manner that it shall not sustain any loss should the Lessee thereafter fail to pay the rent and other monies payable as rent or otherwise under this lease. Provided further that in addition to all other rights hereby reserved to it, the Lessor shall have the right to re-enter the Demised Premises as the agent of the Lessee either by force or otherwise, without being liable for any prosecution therefore, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Lease and to receive the rent therefore, said rent to be any sum which it may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, firstreasonable, to any lessee which it may deem suitable and satisfactory, and for any use purpose which it may deem appropriate and in connection with any such lease, the payment Lessor may make such changes in the character of the improvements or the Demised Premises as the Lessor may determine to be appropriate or helpful in effecting such Lease; but in no event shall the Lessor be under any indebtednessobligation to re-let the Demised Premises in whole or in part for any purpose which the Lessor may regard as injurious to the Demised Premises, other than or to any lessee which the Lessor, in the exercise of reasonable discretion, shall deem objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, owing by and the Tenant lessee shall remain liable to the Landlord; second, to Lessor for the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residuedeficiency, if any, shall be held it being the intention hereof that nothing herein contained and no entry made by the Landlord and applied Lessor hereunder shall in no way release the Lessee from the payment of future the rent hereby reserved during the term hereof being such sum as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month realized by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No Lessor by such re-entry letting or taking possession by the proceeds of any distress made by the Lessor against the Lessee; and provided that the Lessor shall not in any event be required to pay to the Lessee any surplus of any sums received by the Lessor on a re-letting of the Leased Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice in excess of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlordhereunder.

Re-entry. Proviso When: (a) the Tenant shall be in default in the payment of any Rent, whether lawfully demanded or not, and such default shall continue for re-entry a period of five (5) consecutive days after notice by the Landlord on non-payment to the Tenant, (b) the Tenant shall be in default of rent any of its covenants, obligations or non-performance or non-observance agreements under this Lease (other than its covenant to pay Rent) and such default shall have continued for a period of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised ten (10) consecutive days after notice by the Landlord immediately upon default being made by to the Tenant specifying with reasonable particularity the nature of such default and without requiring the same to be remedied, (c) any notice thereof property of the Tenant has been sold under a valid writ of execution, or the Tenant shall have made an assignment for the benefit of creditors, or shall make any assignment or have had a receiving order made against it under the Bankruptcy Act, or becoming bankrupt or insolvent shall have made application for relief under the provisions of any statute now or hereafter in force concerning bankrupt or insolvent debtors, or any action whatever, legislative or otherwise, shall have been taken with a view to the winding up, dissolution or liquidation of the Tenant, notwithstanding anything contained herein , (d) any insurance policy is cancelled or in the Commercial TenanciesAct not renewed by an insurer by reason of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, any particular use or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet occupation of the Leased Premises, or, (e) the Leased Premises shall have been vacated or have become vacant or shall have remained unoccupied for a period of fifteen (15) consecutive days. then and in any of such cases, the then current month’s rent together with the Rent for the three (3) months next ensuing shall immediately become due and payable, and at the option of the Landlord the Term shall become forfeited and void, and the Landlord without notice or any form of legal process whatever may forthwith re-enter the Leased Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding. Such forfeiture shall be wholly without prejudice to the right of the Landlord to recover arrears of Rent and damages for such term any antecedent breach of the covenants, obligations or terms (which may be for a term or terms extending beyond agreements of the Term of Tenant under this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, forfeiture the Landlord may at any time thereafter elect to terminate subsequently recover from the Tenant damages for loss of Rent suffered by reason of this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, having been prematurely determined and it may recover from the Tenant all damages it has incurred or may incur by reason of such breachwith respect thereto, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease Rent, for the remainder of the stated Term over the then reasonable rental value as determined by of the Landlord Leased Premises for the remainder of the stated Term, all of which amounts Rent shall be immediately due and payable from the Tenant to the Landlord. In determining the Rent which would be payable under this Lease by the Tenant subsequent to default, the annual rent for each year of the unexpired portion of the Term shall be equal to the average of the aggregate of the Base Rent and Additional Rent paid by the Tenant from the Commencement Date to the time of default, or during the three (3) full calendar years preceding such default, whichever period is shorter.

Re-entry. Proviso for Landlord or Landlord’s agents and employees may immediately or at any time thereafter re-entry by enter the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for thereof, peaceably but using such term or terms (which reasonable force as may be for a term required, and without judicial process, or terms extending beyond by any suitable action or proceeding at law, and may repossess the Term Premises, and may remove any persons, fixtures or chattels therefrom, to the end that Landlord may have, hold and enjoy the Premises. In the event of this Lease) and at any such rental or rentals retaking of possession of Premises by Landlord, Tenant shall remove all personal property located thereon and upon failure to do so upon demand of Landlord, Landlord may in addition to any other remedies allowed by law, remove and store the same in any place selected by Landlord, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay all sums due hereunder together with the cost of storing any such other terms property within thirty (30) days after it has been stored, Landlord may sell any or all of such property at public or private sale and conditions as shall apply the Landlord in its sole discretion may deem advisable. Upon each proceeds of such reletting all rentals received by the Landlord from such reletting shall be applied, sale first, to the payment cost of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlordsuch sale; second, to the payment of any costs the charges and expenses of such relettingfor reentry, including brokerage fees, solicitor’s fees removal and the costs of such alterations and repairsstorage; third, to the payment of all rentals any other sums of money that may be due and unpaid hereunder, from Tenant to Landlord under the terms of this Lease; and the residuebalance, if any, shall to Tenant. Tenant hereby waives all claims for damages that may be held caused by Landlord’s re-entering and taking possession of Premises or removing and storing or selling the property of Tenant as herein provided, and will indemnify, defend and save Landlord harmless from loss, costs or damages to Tenant occasioned hereby, and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No no such re-entry or taking possession of the Leased Premises by the Landlord shall be considered or construed as an election on its part to terminate this Lease unless be a written notice of such intention is given to the Tenantforcible entry. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the LandlordRE-ENTRY OR TAKING POSSESSION OF SAID PREMISES BY LANDLORD SHALL NOT BE CONSTRUED AS AN ELECTION ON ITS PART TO TERMINATE THIS LEASE UNLESS A WRITTEN NOTICE OF SUCH INTENTION IS GIVEN TO TENANT.

Re-entry. Proviso for re-entry by In the Landlord on non-payment event that the Lessee shall be in default of any or its covenants hereunder including the covenant of the Lessee to pay rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, whether legal demand has been made or not, the Lessor may be exercised by at its option either enter into and upon the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, demised premises or any part thereof for in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such term or terms (which things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Lessee and claim against the Lessee for damages suffered. Provided further that in the event that the Lessor shall be entitled to, and shall elect to make a term re-entry as hereinbefore provided for, any re-entry or terms extending beyond other action so taken shall not be deemed to relieve the Term Lessee of the obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Lessor is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Lessee thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease) and at such rental or rentals and upon such . Provided further that in addition to all other terms and conditions rights hereby reserved to it, the Lessor shall have the right to re-enter the demised premises as the Landlord in its sole discretion agent of the Lessee either by force or otherwise, without being liable for any prosecution therefor, and to re-let the whole or any portion of the demised premises for any period equal to or greater or less than the remainder of the then current term of the Lessee and to receive the rent therefor, said rent to be any sum which it may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, firstreasonable, to any lessee which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the payment Lessor may make such changes in the character of the improvements or the demised premises as the Lessor may determine to be appropriate or helpful in effecting such Lease; but in no event shall the Lessor be under any indebtednessobligation to re-let the demised premises in whole or in part for any purpose which the Lessor may regard as injurious to the demised premises, other than or to any lessee which the Lessor, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the demised premises upon account of the rent due hereunder, owing by and the Tenant Lessee shall remain liable to the Landlord; second, to Lessor for the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residuedeficiency, if any, shall be held it being the intention hereof that nothing herein contained and no entry made by the Landlord and applied Lessor hereunder shall in no way release the Lessee from the payment of future the rent hereby reserved during the term hereof beyond such sum as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month realized by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No Lessor by such re-entry letting or taking possession by the proceeds of any distress made by the Lessor against the Lessee; and provided that the Lessor shall not in any event be required to pay to the Lessee any surplus of any sums received by the Lessor on a re-letting of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice demised premises in excess of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlordhereunder.

Re-entry. Proviso for To the greatest extent allowed by applicable law, Landlord or Landlord’s agents and employees may immediately or at any time thereafter re-entry by enter the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for thereof, peaceably but using such term or terms (which reasonable force as may be for a term required, and without judicial process, or terms extending beyond by any suitable action or proceeding at law, and may repossess the Term Premises, and may remove any persons, fixtures or chattels therefrom, to the end that Landlord may have, hold and enjoy the Premises. In the event of this Lease) and at any such rental or rentals retaking of possession of Premises by Landlord, Tenant shall remove all personal property located thereon and upon failure to do so upon demand of Landlord, Landlord may in addition to any other remedies allowed by law, remove and store the same in any place selected by Landlord, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay all sums due hereunder together with the cost of storing any such other terms property within thirty (30) days after it has been stored, Landlord may sell any or all of such property at public or private sale and conditions as shall apply the Landlord in its sole discretion may deem advisable. Upon each proceeds of such reletting all rentals received by the Landlord from such reletting shall be applied, sale first, to the payment cost of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlordsuch sale; second, to the payment of any costs the charges and expenses of such relettingfor reentry, including brokerage fees, solicitor’s fees removal and the costs of such alterations and repairsstorage; third, to the payment of all rentals any other sums of money that may be due and unpaid hereunder, from Tenant to Landlord under the terms of this Lease; and the residuebalance, if any, shall to Tenant. Tenant hereby waives all claims for damages that may be held caused by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such ’s re-entry or entering and taking possession of the Leased Premises by or removing and storing or selling the property of Tenant as herein provided, and will indemnity, defend and save Landlord harmless from loss, costs or damages to Tenant occasioned thereby, and no such reentry shall be considered or construed as an election on its part to terminate this Lease unless be a written notice of such intention is given to the Tenantforcible entry. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the LandlordRE-ENTRY OR TAKING POSSESSION OF SAID PREMISES BY LANDLORD SHALL NOT BE CONSTRUED AS AN ELECTION ON ITS PART TO TERMINATE THIS LEASE UNLESS A WRITTEN NOTICE OF SUCH INTENTION IS GIVEN TO TENANT.

Re-entry. Proviso for re-entry by In the event of any Default, Landlord on non-payment of rent shall also have the right, without demand or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in notice, without terminating this Lease, to re-enter the Premises and remove all with respect persons and property from the Premises, either by summary proceedings or by action at law, without being deemed guilty of trespass and without prejudice to non-any remedies for nonpayment or late payment of Minimum any Rent or additional rent, breach of any covenant. Such property may be exercised by removed and stored in a public warehouse or elsewhere at the Landlord immediately upon default being made by cost of and for the Tenant and without any notice thereof to the account of Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enterenter the Premises, as herein providedLandlord may terminate this Lease, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time time, without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, all or any part thereof of the Premises as agent for Tenant for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by , with the Landlord from such reletting shall be applied, first, right to make alterations and repairs to the payment Premises as Landlord, in Landlord's reasonable judgment, considers advisable and necessary for the purpose of any indebtedness, other than rent due hereunder, owing by reletting the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthlyPremises. No such re-entry or taking possession of the Leased Premises by the Landlord pursuant to this Section 23.3 shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless the Tenanttermination thereof is decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, the If Landlord may at any time thereafter elect to terminate terminates this Lease for such previous breach. Should or re-enters the Landlord at any time terminate Premises pursuant to this Lease for any breachArticle 23, Tenant shall remain liable (in addition to accrued liabilities) for: (i) any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth unpaid Rent due at the time of termination, plus interest thereon from the due date at the Prime Rate; provided, however, that if such interest is limited by law to a lesser amount, Landlord shall be entitled to the maximum amount of interest permitted by law, (ii) subject to clause (v) of this paragraph, Rent until the date this Lease would have expired had such termination not occurred; (iii) any and all reasonable expenses (including all reasonable attorneys' fees, costs and brokerage fees) incurred by Landlord in re-entering and repossessing the Premises, in making good any Default by Tenant, in protecting and preserving the Premises by 8 use of watchmen and caretakers and in reletting the Premises (subject to the provisions of the excess, if any, immediately preceding paragraph and provided that Tenant shall not be liable for any expenses incurred by Landlord with respect to alterations which are not consistent with the use of the Premises as an athletic club and/or a use(s) complementary to an athletic club); and (iv) any other amount of rent and charges equivalent reasonably necessary to compensate Landlord for any other detriment actually caused Landlord by Tenant's failure to perform its obligations under this Lease, less (v) the net proceeds received by Landlord from any reletting prior to the rent reserved date this Lease would have expired if it had not been terminated. Tenant agrees to pay to Landlord the amount so owed above for each month during the Term, at the beginning of each such month. Any suit brought by Landlord to enforce collection of such amount for any one month shall not prejudice Landlord's right to enforce the collection of any such amount for any subsequent month. In addition to the foregoing, and without regard to whether this Lease has been terminated, Tenant shall pay to Landlord all costs incurred by Landlord, including reasonable legal fees and costs, with respect to any lawsuit or action instituted or taken by Landlord to enforce the provisions of this Lease. Tenant's liability shall survive the institution of summary proceedings and the issuance of a warrant or writ thereunder. If Landlord terminates this Lease, Landlord shall have the right at any time, at its sole option, to require Tenant to pay to Landlord on demand, as liquidated and agreed final damages in lieu of Tenant's liability hereunder: (i) the then present cash value of the Rent, and all other sums which would have been payable under 9 this Lease from the date of such demand to the date when this Lease would have expired if it had not been terminated, minus (ii) the fair market value of the Premises for the same period; provided, however, that if such damages are limited by law to a lesser amount, Landlord shall be entitled to prove as liquidated damages the maximum amount permitted by law. Landlord shall use commercially reasonable efforts to relet the Premises in the event this Lease is terminated pursuant to the provisions of this Article 23. Tenant, on its own behalf and on behalf of all persons claiming through Tenant, including, but not limited to, all creditors, does hereby waive any and all rights and privileges, so far as is permitted by law, which Tenant and all such persons might otherwise have under any present or future law: (i) to redeem the Premises; (ii) to reenter or repossess the Premises; (iii) to restore the operation of this Lease, with respect to any dispossession of Tenant by judgment, warrant or writ of any court or judge, or any re-entry by Landlord, any expiration or termination of this Lease, whether such dispossession, re-entry, expiration or termination of this Lease shall be by operation of law or pursuant to the provisions of this Lease; or (iv) to the service of any notice of intention to re-enter or notice to quit which may otherwise be required to be given. The words "disposition," "re-enter", and "re-elected" as used in this Lease for shall not be deemed to be restricted to their technical meanings. In the remainder event of any breach or threatened breach by Tenant or any persons claiming through Tenant of any of the stated Term over the then reasonable rental value as determined by the provisions contained in this Lease, Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.125

Re-entry. Proviso for re-entry 6.1.1 Where there occurs a breach by the Landlord on non-Tenant of Clause 3.9 and/or following the incidence of damage to or destruction of the Property and subject to receipt of all necessary consents licences permissions and the like to apply the proceeds of the policy of the insurance or payment under the Risk Protection Arrangement received for those purposes in rebuilding and reinstating the Property (provided that this covenant should be satisfied if the Tenant provides premises not necessarily identical to the Property as the same existing prior to such damage or destruction occurring) as soon as may be reasonably practicable provided that in case it shall be impossible or impracticable to reinstate the Property in accordance with the provisions of rent this Clause Insurance within 3 years of the date of damage or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred destruction occurring either party may serve written notice on the Landlord other to terminate this Lease and upon service of such notice this Lease shall immediately cease and determine but without prejudice to the rights of either party against the other in respect of any prior breach of any obligation contained in this Lease, all with respect to non-payment Lease and any monies received under the said policy of Minimum Rent insurance or additional rent, may under the Risk Protection Arrangement whether before or after the termination of this Lease shall be exercised paid by the Tenant on receipt to the Landlord immediately upon default being made and shall as between the Landlord and the Tenant belong to the Landlord absolutely; of this Lease and the Landlord has served written notice specifying such breach and the remedial action required by the Tenant and without any notice thereof if within a reasonable period (taking account of the breach complained of) the Tenant has not taken steps to remedy such breach or the Tenant, notwithstanding anything contained herein Tenant is dissolved or in struck off or removed from the Commercial TenanciesAct Register of Ontario Companies or otherwise ceases to the contrary. If exist then it is lawful for the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received person authorised by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for afterwards to re-enter upon the Property or any breach, part of it in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination name of the excess, if any, of whole and thereupon the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.absolutely determines without

Re-entry. Proviso When: (a) the Tenant shall be in default in the payment of any Rent, whethjr lawfully demanded or not, and such default shall continue for re-entry a period of ten (10) consecutive days after notice by the Landlord on non-payment to the Tenant; (b) the Tenant shall be in default of rent any of its covenants, obligations or non-performance or non-observance agreements under this Lease (other than its covenant to pay rent) and such default shall have continued for a period of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised ten (10) consecutive days after notice by the Landlord immediately upon default being made by to the Tenant specifying with reasonable particularity the nature of such default and without requiring the same to be remedied; (c) any notice thereof property of the Tenant has been sold under a valid writ of execution, or the Tenant shall have made an assignment for the benefit of creditors, or shall make any assignment or have had a receiving order made against it under the Bankruptcy Act, or if the Tenant has become bankrupt or insolvent and shall have made application for relief under the provisions of any statute now or hereafter in force concerning bankrupt or insolvent debtors, or any action whatever, legislative or otherwise, shall have been taken with a view to the winding up, dissolution or liquidation of the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings a receiver of any of the Tenant's goods or pursuant to chattels has been appointed; (d) any notice provided for insurance policy is cancelled or not renewed by law, it may either terminate this Lease any insurer by reason of any particular use or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet occupation of the Leased Premises; or (e) the leased Premises shall have been abandoned, or have become vacant or shall have remained unoccupied for a period of five (5) consecutive days without the consent of the Landlord (which consent shall not be unreasonably withheld), or the Leased Premises shall have been used by any other person or persons other than the Tenant or any person permitted by Article Vill hereof., then, and in any of such cases, the then current month's Rent together with the Rent for the three (3) months next ensuing shall immediately become due and payable, and at the option of the Landlord the Term shall become forfeited and void, and the Landlord without notice or any form of legal process whatever may forthwith re-enter the Leased Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding. Such forfeiture shall be wholly without prejudice to the right of the Landlord to recover arrears of Rent and damages for such term any antecedent breach of the covenants, obligations or terms (which may be for a term or terms extending beyond agreements of the Term of Tenant under this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without terminationforfeiture, the Landlord may at any time thereafter elect to terminate subsequently recover from the Tenant damages for loss of Rent suffered by reason of this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, having been prematurely determined and it may recover from the Tenant all damages it has incurred or may incur by reason of such breachwith respect thereto, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease Rent for the remainder of the stated Term over the then reasonable rental value as determined by of the Landlord Leased Premises for the remainder of the stated Term, all of which amounts Rent shall be immediately due and payable from the Tenant to the Landlord. In determining the Rent which would be payable under this Lease by the Tenant subsequent to default, the annual Rent for each year of the unexpired portion of the Term shall be equal to the average annual Rent payable by the Tenant (a) from the Basic Rent Commencement Date to the time of default, or (b) during the three (3) full calendar years preceding such default, whichever period is shorter.

Re-entry. Proviso for re-entry Where there occurs a material breach by the Landlord on non-payment Tenant of rent or non-performance or non-observance the tenant covenants and other terms and conditions of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on this Lease and the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by has served written notice specifying such breach and the Landlord immediately upon default being made remedial action required by the Tenant and without any notice thereof if within a reasonable period (taking account of the breach complained of) the Tenant has not taken steps to remedy such breach or the Tenant, notwithstanding anything contained herein Tenant is dissolved or in struck off or removed from the Commercial TenanciesAct Register of Ontario Companies or otherwise ceases to the contrary. If exist then it is lawful for the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received person authorised by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate afterwards to re-enter upon the Property or any part of it in the name of the whole and thereupon the Term absolutely determines without prejudice to any right of action of the Landlord in respect of any breach of the Tenant's obligations contained in this Lease. Landlord's Rights on Forfeiture The Landlord's right to forfeit this Lease is not affected by any acceptance of or demand for rent or any breach, action which would affirm this Lease by the Landlord with knowledge of a breach of any of the Tenant's covenants contained in addition this Lease and the Tenant is not in any proceedings for forfeiture or otherwise entitled to rely upon any such acceptance demand or affirmation as aforesaid as a defence provided that this provision only applies to any remedies it acceptance of or demand for rent or affirmation of this Lease made during such period as may have, it may recover from in all the circumstances be reasonable for enabling the Landlord to conduct negotiations with the Tenant for remedying the breach. Service of Notices Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962 applies to all damages it notices which may require to be served under the terms of this Lease except that section 196 is deemed to be amended as follows:- the final words of section 196(4) "and that service ………. be delivered" are deleted and there is substituted "and that service is deemed to have been made on the third working day after the registered letter has incurred been posted" and "working day" means any day from Monday to Friday (inclusive) other than Christmas Day Good Friday and any statutory or bank holiday; any notice or document is also sufficiently served if sent by telephonic facsimile transmission to the party to be served and that service is deemed to be made on the day of transmission if transmitted before 4.00 pm on a working day but otherwise on the next following working day; if the party to whom any notice to be served consists of more than one person the service of notice upon one of such persons constitutes service upon all of them; any notice to be given by a party may incur be given by that party's solicitor or agent and when addressed to a party is not rendered invalid by reason of such breach, including that party having died become insolvent or changed name whether or not the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination party serving notice is aware of the excess, if any, fact. [Exclusion of S.62 L.P.A. The operation of section 62 of the amount Law of rent Property Act 1925 is excluded from this Lease and charges equivalent the only rights granted to the rent reserved Tenant are those expressly set out in this Lease for and the remainder Tenant is not by virtue of this Lease deemed to have acquired or be entitled by any means whatsoever (other than express grant) to any easement from or over the Retained Land or affecting any other land or premises now or at any time after the date of this Lease belonging to the Landlord and not comprised in this Lease.]18 Governance This Lease is governed by English law. The parties submit to the exclusive jurisdiction of the stated Term over High Court of Justice in England. Agreement to Exclude Sections 24 to 28 of the then reasonable rental value as determined 1954 Act The Landlord and the Tenant agree pursuant to section 38A(1) of the 1954 Act that the provisions of sections 24 to 28 (inclusive) of the 1954 Act are excluded in relation to the tenancy created by this Lease. The Tenant confirms that: the Landlord served on the Tenant a notice (the "Notice") applicable to the tenancy created by this Lease on [_________________] in accordance with section 38A(3)(a) of the 1954 Act; and the Tenant or a person duly authorised by the Landlord for Tenant made a declaration or a statutory declaration in relation to the remainder Notice on [_________________] in accordance with the requirements of section 38A(3)(b) of the stated Term, all of which amounts shall be immediately due and payable from 1954 Act; before the Tenant entered into this Lease or (if earlier) became contractually bound to the Landlord.do so. Termination

Re-entry. Proviso for re-entry In the event of any Default by Tenant, Landlord shall also have the Landlord on non-payment of rent right, with or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in without terminating this Lease, in compliance with applicable law, to re-enter the Premises and remove all with respect to non-payment of Minimum Rent or additional rent, persons and property from the Premises; such property may be exercised removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. Reletting. In the event of the abandonment of the Premises by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the event that Landlord elects shall elect to re-enter, enter as herein provided, provided in Paragraph 26(c) or if it takes shall take possession of the Premises pursuant to legal proceedings proceeding or pursuant to any notice provided for by law, it may either then if Landlord does not elect to terminate this Lease or it as provided in Xxxxxxxxx 00(x), Xxxxxxxx may from time to time time, without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, Premises or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisableadvisable with the right to make alterations and repairs to the Premises in Landlord's sole discretion. Upon each such reletting all In the event that Landlord shall elect to so relet, then rentals received by the Landlord from such reletting shall be applied, first, applied in the following order: (i) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii) to the payment of any indebtedness, indebtedness other than rent Rent due hereunder, owing by the hereunder from Tenant to the Landlord; second, (iii) to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, (iv) to the payment of all rentals the costs of any alterations and repairs to the Premises; (v) to the payment of Rent due and unpaid hereunder, ; and (vi) the residue, if any, shall be held by the Landlord and applied in payment of future rent Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. If the Should that portion of such rentals received from such reletting during any month shall month, which is applied to the payment of Rent hereunder, be less than that to be paid the Rent payable during that the month by the Tenant hereunder, the then Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such re-entry reletting or taking possession of the Leased Premises in making such alterations and repairs not covered by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of rentals received from such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlordreletting.

Re-entry. Proviso for re-entry by In the event of any Default, Landlord on non-payment of rent shall also have the right, without demand or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in notice, without terminating this Lease, to re-enter the Premises and remove all with respect persons and property from the Premises, either by summary proceedings or by action at law, without being deemed guilty of trespass and without prejudice to non-any remedies for nonpayment or late payment of Minimum any Rent or additional rent, breach of any covenant. Such property may be exercised by removed and stored in a public warehouse or elsewhere at the Landlord immediately upon default being made by cost of and for the Tenant and without any notice thereof to the account of Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enterenter the Premises, as herein providedLandlord may terminate this Lease, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time time, without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, all or any part thereof of the Premises as agent for Tenant for such 12 term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by , with the Landlord from such reletting shall be applied, first, right to make alterations and repairs to the payment Premises as Landlord, in Landlord's reasonable judgment, considers advisable and necessary for the purpose of any indebtedness, other than rent due hereunder, owing by reletting the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthlyPremises. No such re-entry or taking possession of the Leased Premises by the Landlord pursuant to this Section 23.3 shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless the Tenanttermination thereof is decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, the If Landlord may at any time thereafter elect to terminate terminates this Lease for such previous breach. Should or re-enters the Landlord at any time terminate Premises pursuant to this Lease for any breachArticle 23, Tenant shall remain liable (in addition to accrued liabilities) for: (i) any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth unpaid Rent due at the time of termination, plus interest thereon from the due date at the Prime Rate; provided, however, that if such interest is limited by law to a lesser amount, Landlord shall be entitled to the maximum amount of interest permitted by law, (ii) subject to clause (v) of this paragraph, Rent until the date this Lease would have expired had such termination not occurred; (iii) any and all reasonable expenses (including all reasonable attorneys' fees, costs and brokerage fees) incurred by Landlord in re-entering and repossessing the Premises, in making good any Default by Tenant, in protecting and preserving the Premises by use of watchmen and caretakers and in reletting the Premises (subject to the provisions of the excess, if any, immediately preceding paragraph and provided that Tenant shall not be liable for any expenses incurred by Landlord with respect to alterations which are not consistent with the use of the Premises as an athletic club and/or a use(s) complementary to an athletic club); and (iv) any other amount of rent and charges equivalent reasonably necessary to compensate Landlord for any other detriment actually caused Landlord by Tenant's failure to perform its obligations under this Lease, less (v) the net proceeds received by Landlord from any reletting prior to the rent reserved in date this Lease would have expired if it had not been terminated. Tenant agrees to pay to Landlord the amount so owed above for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.each month during the

Re-entry. Proviso for To the greatest extent allowed by applicable law, Landlord or Landlord’s agents and employees may immediately or at any time thereafter re-entry by enter the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for thereof, peaceably but using such term or terms (which reasonable force as may be required, and without judicial process, or by any suitable action or proceeding at law, and may repossess the Premises, and may remove any persons, fixtures or chattels therefrom, to the end that Landlord may have, hold and enjoy the Premises. Any judicial action for a term the eviction of Tenant shall be governed by the process set forth in the Forcible Entry and Wrongful Detainer statutes set forth in ORS 105.105 et seq., or terms extending beyond any successor statute, as the Term same may be amended, notwithstanding that all or part of this Lease) and at any such rental or rentals statute may not otherwise apply to nonresidential space. In the event of any such retaking of possession of Premises by Landlord, Tenant shall remove all personal property located thereon and upon failure to do so upon demand of Landlord, Landlord may in addition to any other remedies allowed by law, remove and store the same in any place selected by Landlord, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay all sums due hereunder together with the cost of storing any such other terms property within thirty (30) days after it has been stored, Landlord may sell any or all of such property at public or private sale and conditions as shall apply the Landlord in its sole discretion may deem advisable. Upon each proceeds of such reletting all rentals received by the Landlord from such reletting shall be applied, sale first, to the payment cost of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlordsuch sale; second, to the payment of any costs the charges and expenses of such relettingfor reentry, including brokerage fees, solicitor’s fees removal and the costs of such alterations and repairsstorage; third, to the payment of all rentals any other sums of money that may be due and unpaid hereunder, from Tenant to Landlord under the terms of this Lease; and the residuebalance, if any, shall to Tenant. Tenant hereby waives all claims for damages that may be held caused by Landlord’s re-entering and taking possession of the Premises or removing and storing or selling the property of Tenant as herein provided and in accordance with applicable law, and will indemnify, defend and save Landlord harmless from loss, costs or damages to Tenant occasioned thereby, and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No no such re-entry or taking possession of the Leased Premises by the Landlord shall be considered or construed as an election on its part to terminate this Lease unless be a written notice of such intention is given to the Tenantforcible entry. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the LandlordRE-ENTRY OR TAKING POSSESSION OF SAID PREMISES BY LANDLORD SHALL NOT BE CONSTRUED AS AN ELECTION ON ITS PART TO TERMINATE THIS LEASE UNLESS A WRITTEN NOTICE OF SUCH INTENTION IS GIVEN TO TENANT.

Re-entry. Proviso for re-entry by The Tenant further covenants and agrees with the Landlord on that in case of non-payment of any rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on at the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, times as herein provided, or if it takes possession pursuant the non-performance of any covenant by the Tenant, or in case the Demised Premises shall be deserted or vacated for over thirty (30) days, the Landlord, in addition to legal proceedings all other rights hereby reserved to the Landlord shall have the right to re-enter the same as the agent of the Tenant either by force or pursuant otherwise, without being liable for any prosecution therefor and to re-let the whole or any portion of the Demised Premises, for any period equal to or greater or less then the remainder of the then current term as agent of the Tenant, and to receive the rent therefor, said rent to be any sum which the Landlord deems reasonable, to any notice provided Tenant which the Landlord may deem suitable and satisfactory, and for by lawany use and purpose which the Landlord may deem appropriate, it and in connection with any such Lease the Landlord may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs changes in the character of the improvements of the Demised Premises as the Landlord may determine to be necessaryappropriate or helpful in effecting such Lease. However, in order no event shall the Landlord be under any obligation to relet re-let the Leased Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any part thereof for such term or terms (Tenant which may the Landlord, in the exercise of reasonable discretion, shall deem to be for a term or terms extending beyond the Term of this Lease) objectionable, and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment agent of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment take possession of any costs furniture or other property on the Demised Premises and expenses to sell the same at public or private sale without notice and to apply the proceeds of such relettingsale and any rent derived from re-letting the Demised Premises, including brokerage fees, solicitor’s fees and upon account of the costs of such alterations and repairs; third, to the payment of all rentals rent due and unpaid hereunderunder these presents, and the residueTenant shall remain liable to the Landlord for the deficiency, if any, it being the intention of this Lease that nothing in this Lease contained and no entry made by the landlord hereunder, shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be held realized by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunderre-letting and sale of furniture hereinbefore allowed. The Landlord shall not, in any event be required to pay to the Tenant shall pay any such deficiency to surplus of any sums received by the Landlord. Such deficiency shall be calculated and paid monthly. No such landlord on a re-entry or taking possession letting of the Leased Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice in excess of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the LandlordLease.

Re-entry. Proviso for re-entry by Termination; Reletting. To reenter the Landlord on non-payment Premises, together with all additions, alterations and improvements, and, at the option of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder , remove all persons and all or any powers conferred property therefrom, either by summary dispossess proceedings or by any suitable action or proceeding at law or by force or otherwise, without being liable for prosecution for damages therefor, and repossess and enjoy the Premises. Upon recovering possession of the Premises by reason of or based upon or arising out of a default on the Landlord in this Lease, all with respect to non-payment part of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-entermay, as herein providedat Landlord's option, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, necessary in order to relet the Leased Premises, Premises and relet the Premises or any part thereof for such term or terms (which may be parts thereof, either in Landlord's name or otherwise, for a term or terms extending beyond which may, at Landlord's option, be less than or exceed the Term period which would otherwise have constituted the balance of the term of this Lease) lease and at such rental rent or rentals rents and upon such other terms and conditions as the Landlord in its Landlord's sole discretion may deem advisable. Upon seem advisable and to such person or persons as may in Landlord's discretion seem best; upon each such reletting all rentals rents received by the Landlord from such reletting shall be applied, : first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the attorney's fees and all costs of such alterations and repairs; second, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; third, to the payment of all rentals rent due and unpaid hereunder, ; and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same it may become due and payable hereunder. If the such rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunderTenant, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry reentry or taking possession of the Leased Premises by or the Landlord making of alterations or improvements thereto or the reletting thereof shall be construed as an election on its the part of Landlord to terminate this Lease lease unless a written notice of such intention is be given to Tenant. Landlord shall in no event be liable in any way whatsoever for failure to relet the Premises or, in the event that the Premises or any part or parts thereof are relet, for failure to collect the rent thereof under such reletting. Tenant, for Tenant and Tenant's successors and assigns, hereby irrevocably constitutes and appoints Landlord as Tenant's and their agent to collect the rents due and to become due under all subleases of the Premises or any parts thereof without in any way affecting Tenant's obligation to pay any unpaid balance of rent due or to become due hereunder. Notwithstanding any such reletting without termination, the Landlord landlord may at any time thereafter elect to terminate this Lease lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value as determined by the Landlord for the remainder of the stated Term, all of which amounts shall be immediately due and payable from the Tenant to the Landlord.