Common use of Right to Re-enter Clause in Contracts

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) any failure of Tenant to pay any rent or other amount when due hereunder; (b) any failure by Xxxxxx to perform or observe any other of the terms, provisions, conditions and covenants of this Lease for more than ten (10) days after written notice of such failure; (c) a determination by Landlord that Tenant has submitted any false report required to be furnished hereunder; (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant’s space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, or Xxxxxx’s assignment for the benefit of creditors; (f) if Tenant abandons or vacates or does not do business in the Premises; (g) this Lease or Tenant’s interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; (h) the Premises come into the hands of any person other than expressly permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant under any other lease with Landlord or any affiliate of Landlord. In any such event, and without grace period, demand or notice (the same being hereby waived by Tenant), Landlord, in addition to all other rights or remedies it may have, shall have the right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to re-enter and take possession of the Premises, remove all persons and property from the Premises, store such property at Tenant’s expense, and sell such property if necessary to satisfy any deficiency in payments by Xxxxxx as required hereunder, all without notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.

Right to Re-enter. The following shall be considered for all purposes to be defaults under If and breaches of this Lease: whenever: (ai) any failure of the Tenant fails to pay any rent Rent or other amount when sums due hereunderhereunder on the day or dates appointed for the payment thereof (provided the Landlord first gives five (5) days’ written notice to the Tenant of any such failure); or (bii) any failure by Xxxxxx the Tenant fails to observe or perform or observe any other of the terms, provisions, covenants or conditions and covenants of this Lease to be observed or performed by the Tenant (other than the terms, covenants or conditions set out below in Sub-paragraphs (iii) to (xii) inclusive, for more than which no notice shall be required) provided the Landlord first gives the Tenant ten (10) days, or such shorter period of time as is otherwise provided herein, written notice of any such failure to perform, and the Tenant within such period of ten (10) days after written notice fails to commence diligently and thereafter to proceed diligently to cure any such failure to perform; or (iii) the Tenant or any agent of such failure; (c) a determination by Landlord that the Tenant has submitted falsifies any false report required to be furnished hereunderto the Landlord pursuant to this Lease; or (div) anything done by the Tenant upon or in connection with any indemnifier of this Lease or any person occupying the Leased Premises or the construction of any part thereof which directly becomes bankrupt or indirectly interferes in any way with, insolvent or results in a work stoppage in connection with, construction takes benefit of any part act now or hereinafter in force for bankrupt or insolvent debtors or files any proposal or makes any assignment for the benefit of the Center creditors or any other tenant’s space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of compromise; or (v) a receiver or trustee of a receiver and manager is appointed for all or a portion of the Tenant’s propertyproperty at any such indemnifier’s, or Xxxxxxoccupant’s assignment property; or (vi) any steps are taken or any action or proceedings are instituted by the Tenant or by any other party including, without limitation, any court or governmental body of competent jurisdiction for the benefit dissolution, winding-up or liquidation of creditorsthe Tenant or its assets; or (fvii) if the Tenant makes a sale in bulk of any of its assets, wherever situated (other than a bulk sale made to an assignee or sublessee pursuant to a permitted assignment or subletting hereunder); or (viii) the Tenant abandons or vacates attempts to abandon the Leased Premises, or does sells or disposes of the goods and chattels of the Tenant or removes them from the Leased Premises so that there would not do business in the Premisesevent of such sale or disposal be sufficient goods of the Tenant on the Leased Premises subject to distress to satisfy all Rent due or accruing hereunder for a period of at lease twelve (12) months; or (gix) the Leased Premises become and remain vacant for a period of five (5) consecutive days or are used by any persons other than such as are entitled to use them hereunder; or (x) the Tenant assigns, transfers, encumbers, sublets or permits the occupation or use or the parting with or sharing possession of all or any part of the Leased Premises by anyone except in a manner permitted by this Lease; or (xi) this Lease or any of the Tenant’s interest herein or in the Premises or 's assets are taken under any improvements thereon or any property writ of Tenant are executed upon or attachedexecution; or (hxii) the Premises come into the hands of any person other than expressly re-entry is permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant under any other lease with Landlord or any affiliate terms of Landlord. In any this Lease, then and in every such event, and without grace period, demand or notice (case the same being hereby waived by Tenant), Landlord, in addition to all any other rights or remedies it may have, shall have the right thereupon or at any time thereafter has pursuant to terminate this Lease or by giving notice to Tenant stating law, has the date immediate right of re-entry upon which such termination shall be effectivethe Leased Premises and it may repossess the Leased Premises and enjoy them as of its former estate, and shall have the right, either before or after any such termination, to re-enter and take possession of the Premises, remove it may expel all persons and remove all property from the Leased Premises, store and such property may be removed and sold or disposed of by the Landlord as it deems advisable or may be stored in a public warehouse or elsewhere at the cost and for the account of the Tenant’s expense, and sell such property if necessary to satisfy any deficiency in payments by Xxxxxx as required hereunder, all without service of notice or resort to legal process and without the Landlord being deemed considered guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.

Right to Re-enter. The following Tenant shall be considered for all purposes to be defaults under and breaches deemed in default hereunder in the event of this Lease: (a) any failure of Tenant to pay any rent or other amount when due hereunder; (b) any failure by Xxxxxx . In the event Tenant shall be in default or Tenant fails to perform or observe any other of the terms, provisions, conditions and or covenants of this Lease to be observed or performed by Tenant for more than ten thirty (1030) days after written notice of such failure; (c) a determination default shall have been sent by Landlord that Landlord, or if Tenant has submitted or an agent of Tenant shall falsify any false report required to be furnished hereunder; (d) anything done by to Landlord pursuant to the terms of this Lease, or if Tenant upon or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or take or have taken against Tenant or any guarantor of this Lease in connection with any court pursuant to any statute either of the Premises United States or the construction of any part thereof which directly or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant’s space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of State a petition in bankruptcy or insolvency or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s property's or any such guarantor's properly, or Xxxxxx’s if Tenant or any such guarantor makes an assignment for the benefit of creditors; (f) , or petitions for or enters into an arrangement, or if Tenant abandons shall abandon said premises, or vacates or does not do business in the Premises; (g) suffer this Lease or Tenant’s interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; (h) the Premises come into the hands of any person other than expressly permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant to be taken under any other lease with writ of execution, the Landlord or any affiliate of Landlord. In any such event, and without grace period, demand or notice (the same being hereby waived by Tenant), Landlord, in addition to all besides other rights or remedies it may have, hereunder or by law or in equity, shall have the immediate right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to of re-enter entry and take possession of the Premises, may remove all persons and property from the Premises, store Leased Premises and such property may, at Tenant’s expenseLandlord's option, either be removed and stored in a public warehouse or elsewhere at the cost of, and sell such property if necessary to satisfy any deficiency for the account of Tenant, or may be disposed of by Landlord as it, in payments by Xxxxxx as required hereunderits sole discretion, deems fit, all without service of notice or resort to legal process and without being deemed guilty of trespass trespass, or becoming liable for any loss or damage which may be occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) In the event of (1) any failure of Tenant to pay any rent or other amount charges due hereunder when due hereunder; due, or (b2) if Tenant shall fail to move into the Leased Premises and to commence the conduct of its business on the date specified in Section 1.02 hereof, or fail to perform any obligation hereunder prior to such commencement date, or fail to continuously operate its business pursuant to Section 7.02 for the purpose specified in Section 7.01 hereof, or fail to operate under the name specified in Section 16.01 hereof, or if Tenant shall abandon said Leased Premises, or permit this Lease to be taken under any writ of execution, or if there shall be any default by Tenant (or by any person or entity which, directly or indirectly, controls, is controlled by, or is under common control with Tenant) under any other lease with Landlord (or with any person or entity which is affiliated with Landlord or which, directly or indirectly, controls, is controlled by, or is under common control with Landlord, or which is managed by the managing agent utilized by Landlord for the Shopping Center) which shall not be remedied within the applicable grace period, if any, provided therefor under such other lease, or if there shall be any default by Tenant or any entity affiliated with Tenant with respect to any financing instrument or arrangement, if any, relating to any items used in, or the operation of business upon, the Leased Premises, or (3) any failure by Xxxxxx to perform or observe any other of the terms, provisions, conditions and or covenants of this Lease to be observed or performed by Tenant for more than ten thirty (1030) days after written notice of such failure; (c) a determination by Landlord that Tenant has submitted any false report required default shall have been mailed to be furnished hereunder; (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant’s space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, or Xxxxxx’s assignment for the benefit of creditors; (f) if Tenant abandons or vacates or does not do business in the Premises; (g) this Lease or Tenant’s interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; (h) the Premises come into the hands of any person other than expressly permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant under any other lease with Landlord or any affiliate of Landlord. In any such event, and without grace period, demand or notice (the same being hereby waived by Tenant), then Landlord, in addition to all besides other rights or remedies it may have, shall have the right thereupon or at any time thereafter to terminate declare this Lease by giving notice to Tenant stating terminated and the term ended (in which event, this Lease and the term hereof shall expire, cease and terminate with the same force and effect as though the date upon which such termination set forth in any required notice were the date originally set forth herein and fixed for the expiration of the term and Tenant shall be effective, vacate and surrender the Leased Premises but shall remain liable for all obligations arising during the balance of the original stated term as hereafter provided as if this Lease had remained in full force and effect) and Landlord shall have the rightright to bring a special proceeding to recover possession from Tenant holding over and/or Landlord may, in any of such events, without notice, re-enter the Leased Premises either before by force or after any such terminationotherwise, and dispossess, by summary proceedings or otherwise, Tenant and the legal representative of Tenant or other occupant of the Leased Premises and remove their effects and hold the Leased Premises as if this Lease had not been made, and Tenant hereby waives the service of notice of intention to re-enter and take or to institute legal proceedings to that end. S24 COMMON AREA CHARGE (b) In addition to the remedies set forth herein for such failure by Xxxxxx, Landlord shall have the further remedy of erecting a barricade at the storefront of the Leased Premises at such time as possession of the PremisesLeased Premises is deemed vested in Landlord, which barricade may be erected, at Tenant’s expense, and without notice to Tenant or resort to legal process, and without Landlord in any manner becoming liable for any loss or damage which may be occasioned thereby. Notwithstanding the foregoing provisions of this Section, in the event Tenant shall fail to perform or shall default in the performance of any term, covenant or condition of this Lease on two (2)four (4) or more separate occasions during any twelve-month period, then, even though such failures or defaults may have been cured by Tenant, any further failure or default by Tenant during the term of this Lease shall be deemed a default without the ability for cure by Tenant. Further if any failure or performance of any non-monetary default cannot be completed if commenced within the provided thirty (30) days and if Tenant shall be diligently in good faith using all proper and professional best efforts to cure such default, then Tenant shall be afforded reasonable additional time for diligent completion of cure, not to exceed sixty (60) days. During the continuance of any failure of performance or any default by Tenant in the performance of any term, covenant or condition of this Lease, Tenant shall not be entitled to exercise any rights or options, or to receive any funds or proceeds being held under or pursuant to this Lease, notwithstanding any contrary provisions contained herein. In the event of re-entry by Landlord, Landlord may remove all persons and property from the Premises, store Leased Premises and such property may be stored in a public warehouse or elsewhere at Tenant’s expensethe cost of, and sell such property if necessary for the account of Tenant, without notice or resort to satisfy legal process and without Landlord being deemed guilty of trespass, or becoming liable for any deficiency loss or damage which may be occasioned thereby. In addition, and to the extent permitted by law, in payments the event of re-entry by Xxxxxx as Landlord, Landlord may, but shall not be required hereunderto, all padlock or otherwise secure the entrances to the Leased Premises without prior notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein damage; all costs and expenses incurred by Landlord in securing the entrances to the Leased Premises shall be construed borne by Tenant and shall be payable to require Landlord on ten (10)thirty (30) days’ written notice; and any such padlocking or securing of the Leased Premises shall not constitute or be deemed as an election on Landlord’s part to terminate this Lease unless a written notice of such intention shall be given to Tenant or unless the termination of this Lease is decreed by a court of competent jurisdiction. In the event Tenant shall not remove its property from the Leased Premises within ten (10)thirty (30) days after Tenant has vacated the Leased Premises, then such property shall be deemed abandoned by Tenant and Landlord may dispose of the same without liability to Tenant. At any time that Xxxxxx has failed to pay rent or other charges within ten (10)thirty (30) days after the same shall be due, thereafter Landlord shall not be obligated to accept any payment from Tenant unless such payment is made in certified funds. To the extent that this Lease specifically provides for any abatement of rent otherwise payable by Tenant under this Lease, or any payment by Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein containedTenant, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein requiredsuch abatement shall not be effective, and commits nor shall such defaults within twelve (12) months thereafter, no notice shall thereafter payment be required to be given made, if Tenant shall have failed to observe or perform any of Tenant’s obligations hereunder or if Tenant shall otherwise be in default hereunder, and Tenant shall be obligated to immediately repay to Landlord the amount of any rent previously abated or the amount of any payment previously made by Xxxxxxxx as Landlord to or precedent Tenant hereunder, notwithstanding anything contained in this Lease to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlordcontrary.

Right to Re-enter. The following shall be considered for all purposes to be defaults under If and breaches of this Lease: whenever: (a) any failure of the Tenant fails to pay any rent Rent or other amount when sum due hereunderhereunder on the day or dates appointed for the payment (provided the Landlord first gives five (5) days' written notice to the Tenant of any such failure); or (b) any failure by Xxxxxx the Tenant fails to observe or perform or observe any other of the terms, provisions, covenants or conditions and covenants of this Lease to be observed or performed by the Tenant (other than the terms, covenants or conditions set out below in subparagraphs (c) to (k), inclusive, for more than which no notice shall be required) provided the Landlord first gives the Tenant ten (10) days', or such shorter period of time as is otherwise provided in this Lease, written notice of any such failure to perform and the Tenant within such period of ten (10) days after written notice of fails to commence diligently and thereafter to proceed diligently to cure any such failurefailure to perform; or (c) a determination by Landlord that the Tenant has submitted or any false report required to be furnished hereunderIndemnifier becomes bankrupt or insolvent or takes the benefit of any act now or hereafter in force for bankrupt or insolvent debtors or files any proposal or makes any assignment for the benefit of creditors or any arrangement or compromise; or (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant’s space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of a receiver-manager is appointed for all or a portion of the Tenant’s 's or Indemnifier's property, ; or (e) any steps are taken or Xxxxxx’s assignment any action or proceedings are instituted by the Tenant or by any other Person for the benefit dissolution, winding-up or liquidation of creditorsthe Tenant or its assets; or (f) if the Tenant makes a sale in bulk of any of its assets, wherever situated, (other than a bulk sale to a permitted Transferee in compliance with the Bulk Sales Act (Ontario)); (g) the Tenant abandons or vacates attempts to abandon the Leased Premises, or does sells or disposes of the trade fixtures, goods or chattels of the Tenant or removes them from the Leased Premises so that there would not do business in the Premisesevent of such sale or disposal be sufficient trade fixtures, goods or chattels of the Tenant on the Leased Premises subject to distress to satisfy all Rent due or accruing hereunder for a period of at least six (6) months; or (gh) the Leased Premises become and remain vacant for a period of five (5) consecutive days or are used by any Persons other than such as are entitled to use them; or (i) the Tenant effects or permits a Transfer without the Landlord's consent; or (j) this Lease or any of the Tenant’s interest herein or in the Premises or 's assets are taken under any improvements thereon or any property writ of Tenant are executed upon or attachedexecution; or (hk) the Premises come into the hands of any person other than expressly re-entry is permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant under any other lease with Landlord or any affiliate terms of Landlord. In any such eventthis Lease, and without grace period, demand or notice (then the same being hereby waived by Tenant), Landlord, in addition to all any other rights or remedies it may have, shall have the right thereupon or at any time thereafter has pursuant to terminate this Lease or by giving notice to Tenant stating law, has the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to immediate right of re-enter entry upon the Leased Premises and take possession it may repossess the Leased Premises and enjoy them as of the Premises, its former estate and may expel all Persons and remove all persons and property from the Premises, store Leased Premises and such property may be removed and sold or disposed of by the Landlord as it deems advisable or may be stored in a public warehouse or elsewhere at the cost and for the account of the Tenant’s expense, and sell such property if necessary to satisfy any deficiency in payments by Xxxxxx as required hereunder, all without service of notice or resort to legal process and without the Landlord being deemed considered guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.

Right to Re-enter. The following shall be considered for all purposes to be defaults under If and breaches of this Lease: whenever: (a) any failure of the Tenant fails to pay any rent Basic Rent or other amount when due hereunderAdditional Rent on the day or dates appointed for payment thereof; or (b) any failure by Xxxxxx the Tenant fails to observe or perform or observe any other of the terms, provisions, covenants or conditions and covenants of this Lease to be observed or performed by the Tenant (other than the terms, covenants or conditions set out below in subparagraph (c) for more than which no notice shall be required), provided the Landlord first gives the Tenant ten (10) days after or such shorter period of time as is otherwise provided in this Lease, written notice of such the Tenant's failure and the Tenant within the 10 day period fails to commence diligently and thereafter to proceed diligently to cure its failure; or (c) a determination by Landlord that the Tenant has submitted or any false report required to be furnished hereunder; (d) anything done by Tenant upon Indemnifier, if any, becomes bankrupt or in connection with insolvent or takes the Premises or the construction benefit of any part thereof which directly Act now or indirectly interferes hereafter in force for bankrupt or insolvent debtors or files any way with, proposal or results in a work stoppage in connection with, construction makes any assignment for the benefit of any part of the Center creditors or any other tenant’s space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of compromise; a receiver or trustee of a receiver-manager is appointed for all or a portion of the Tenant’s 's or the Indemnifier's, if any, property; any steps are taken or any action or proceedings are instituted by the Tenant or by any other party to dissolve, wind-up or liquidate the Tenant or its assets or the Indemnifier, if any, or Xxxxxx’s assignment for the benefit assets of creditorsthe Indemnifier, if any; (f) if the Tenant makes a sale in bulk of its assets on the Leased Premises other than a bulk sale to a permitted Transferee; the Tenant abandons the Leased Premises or vacates sells or does disposes of the trade fixtures, goods or chattels of the Tenant or removes them from the Leased Premises so that there would not do business in the Premisesevent of such sale or disposal be sufficient trade fixtures, goods or chattels of the Tenant on the Leased Premises subject to distress to satisfy all Rent due or accruing hereunder for a period of at least 3 months; (g) the Leased Premises become and remain vacant for a period of 5 consecutive days; the Tenant effects or permits a Transfer without the Landlord's consent where required; this Lease or any of the Tenant’s interest herein or in the Premises or 's assets are taken under any improvements thereon or any property writ of Tenant are executed upon or attached; (h) the Premises come into the hands of any person other than expressly permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenantexecution; or (j) the default by Tenant or any affiliate of Tenant re-entry is permitted under any other lease with Landlord or any affiliate terms of Landlord. In any such eventthis Lease, and without grace period, demand or notice (then the same being hereby waived by Tenant), Landlord, in addition to all any other rights or remedies available to it, has the immediate right of re-entry upon the Leased Premises without further notice and it may have, shall have repossess the right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, Leased Premises and shall have the right, either before or after any such termination, to re-enter enjoy them as of its former estate and take possession of the Premises, may expel all Persons and remove all persons and property from the Premises, store Leased Premises and such property may be removed and sold or disposed of by the Landlord as it deems advisable or may be stored in a public warehouse or elsewhere at the cost and for the account of the Tenant’s expense, and sell such property if necessary to satisfy any deficiency in payments by Xxxxxx as required hereunder, all without service of notice or resort to legal process and without the Landlord being deemed considered guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for Tenant or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlordothers.

Right to Re-enter. The following  Tenant shall be considered for all purposes to be defaults under and breaches deemed in default hereunder in the event of this Lease: (a) any failure of Tenant to pay any rent or other amount when due hereunder; (b) any failure by Xxxxxx . In the event Tenant shall be in default or Tenant fails to perform or observe any other of the terms, provisions, conditions and or covenants of this Lease to be observed or performed by Tenant for more than ten thirty (1030) days after written notice of such failure; (c) a determination default shall have been sent by Landlord that Landlord, or if Tenant has submitted or an agent of Tenant shall falsify any false report required to be furnished hereunder; (d) anything done by to Landlord pursuant to the terms of this Lease, or if Tenant upon or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or take or have taken against Tenant or any guarantor of this Lease in connection with any court pursuant to any statute either of the Premises United States or the construction of any part thereof which directly or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant’s space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of State a petition in bankruptcy or insolvency or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s property's or any such guarantor's properly, or Xxxxxx’s if Tenant or any such guarantor makes an assignment for the benefit of creditors; (f) , or petitions for or enters into an arrangement, or if Tenant abandons shall abandon said premises, or vacates or does not do business in the Premises; (g) suffer this Lease or Tenant’s interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; (h) the Premises come into the hands of any person other than expressly permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant to be taken under any other lease with writ of execution, the Landlord or any affiliate of Landlord. In any such event, and without grace period, demand or notice (the same being hereby waived by Tenant), Landlord, in addition to all besides other rights or remedies it may have, hereunder or by law or in equity, shall have the immediate right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to of re-enter entry and take possession of the Premises, may remove all persons and property from the Premises, store Leased Premises and such property may, at Tenant’s expenseLandlord's option, either be removed and stored in a public warehouse or elsewhere at the cost of, and sell such property if necessary to satisfy any deficiency for the account of Tenant, or may be disposed of by Landlord as it, in payments by Xxxxxx as required hereunderits sole discretion, deems fit, all without service of notice or resort to legal process and without being deemed guilty of trespass trespass, or becoming liable for any loss or damage which may be occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) In the event of (1) any failure of Tenant to pay any rent or other amount charges due hereunder when due hereunder; due, or (b2) if Tenant shall fail to move into the Leased Premises and to commence the conduct of its business on the date specified in Section 1.02 hereof, or fail to perform any obligation hereunder prior to such commencement date, or fail to continuously operate its business pursuant to Section 7.02 for the purpose specified in Section 7.01 hereof, or fail to operate under the name specified in Section 16.01 hereof, or if Tenant shall abandon said Leased Premises, or permit this Lease to be taken under any writ of execution, or if there shall be any default by Tenant (or by any person or entity which, directly or indirectly, controls, is controlled by, or is under common control with Tenant) under any other lease with Landlord (or with any person or entity which is affiliated with Landlord or which, directly or indirectly, controls, is controlled by, or is under common control with Landlord, or which is managed by the managing agent utilized by Landlord for the Shopping Center) which shall not be remedied within the applicable grace period, if any, provided therefor under such other lease, or if there shall be any default by Tenant or any entity affiliated with Tenant with respect to any financing instrument or arrangement, if any, relating to any items used in, or the operation of business upon, the Leased Premises, or (3) any failure by Xxxxxx to perform or observe any other of the terms, provisions, conditions and or covenants of this Lease to be observed or performed by Tenant for more than ten thirty (1030) days after written notice of such failure; (c) a determination by Landlord that Tenant has submitted any false report required default shall have been mailed to be furnished hereunder; (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant’s space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, or Xxxxxx’s assignment for the benefit of creditors; (f) if Tenant abandons or vacates or does not do business in the Premises; (g) this Lease or Tenant’s interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; (h) the Premises come into the hands of any person other than expressly permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant under any other lease with Landlord or any affiliate of Landlord. In any such event, and without grace period, demand or notice (the same being hereby waived by Tenant), then Landlord, in addition to all besides other rights or remedies it may have, shall have the right thereupon or at any time thereafter to terminate declare this Lease by giving notice to Tenant stating terminated and the term ended (in which event, this Lease and the term hereof shall expire, cease and terminate with the same force and effect as though the date upon which such termination set forth in any required notice were the date originally set forth herein and fixed for the expiration of the term and Tenant shall be effective, vacate and surrender the Leased Premises but shall remain liable for all obligations arising during the balance of the original stated term as hereafter provided as if this Lease had remained in full force and effect) and Landlord shall have the rightright to bring a special proceeding to recover possession from Tenant holding over and/or Landlord may, in any of such events, without notice, re-enter the Leased Premises either before by force or after any such terminationotherwise, and dispossess, by summary proceedings or otherwise, Tenant and the legal representative of Tenant or other occupant of the Leased Premises and remove their effects and hold the Leased Premises as if this Lease had not been made, and Tenant hereby waives the service of notice of intention to re-enter and take or to institute legal proceedings to that end. (b) In addition to the remedies set forth herein for such failure by Xxxxxx, Landlord shall have the further remedy of erecting a barricade at the storefront of the Leased Premises at such time as possession of the PremisesLeased Premises is deemed vested in Landlord, which barricade may be erected, at Tenant’s expense, and without notice to Tenant or resort to legal process, and without Landlord in any manner becoming liable for any loss or damage which may be occasioned thereby. Notwithstanding the foregoing provisions of this Section, in the event Tenant shall fail to perform or shall default in the performance of any term, covenant or condition of this Lease on two (2)four (4) or more separate occasions during any twelve-month period, then, even though such failures or defaults may have been cured by Tenant, any further failure or default by Tenant during the term of this Lease shall be deemed a default without the ability for cure by Tenant. Further if any failure or performance of any non-monetary default cannot be completed if commenced within the provided thirty (30) days and if Tenant shall be diligently in good faith using all proper and professional best efforts to cure such default, then Tenant shall be afforded reasonable additional time for diligent completion of cure, not to exceed sixty (60) days. During the continuance of any failure of performance or any default by Tenant in the performance of any term, covenant or condition of this Lease, Tenant shall not be entitled to exercise any rights or options, or to receive any funds or proceeds being held under or pursuant to this Lease, notwithstanding any contrary provisions contained herein. In the event of re-entry by Landlord, Landlord may remove all persons and property from the Premises, store Leased Premises and such property may be stored in a public warehouse or elsewhere at Tenant’s expensethe cost of, and sell such property if necessary for the account of Tenant, without notice or resort to satisfy legal process and without Landlord being deemed guilty of trespass, or becoming liable for any deficiency loss or damage which may be occasioned thereby. In addition, and to the extent permitted by law, in payments the event of re-entry by Xxxxxx as Landlord, Landlord may, but shall not be required hereunderto, all padlock or otherwise secure the entrances to the Leased Premises without prior notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein damage; all costs and expenses incurred by Landlord in securing the entrances to the Leased Premises shall be construed borne by Tenant and shall be payable to require Landlord on ten (10)thirty (30) days’ written notice; and any such padlocking or securing of the Leased Premises shall not constitute or be deemed as an election on Landlord’s part to terminate this Lease unless a written notice of such intention shall be given to Tenant or unless the termination of this Lease is decreed by a court of competent jurisdiction. In the event Tenant shall not remove its property from the Leased Premises within ten (10)thirty (30) days after Tenant has vacated the Leased Premises, then such property shall be deemed abandoned by Tenant and Landlord may dispose of the same without liability to Tenant. At any time that Xxxxxx has failed to pay rent or other charges within ten (10)thirty (30) days after the same shall be due, thereafter Landlord shall not be obligated to accept any payment from Tenant unless such payment is made in certified funds. To the extent that this Lease specifically provides for any abatement of rent otherwise payable by Tenant under this Lease, or any payment by Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein containedTenant, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein requiredsuch abatement shall not be effective, and commits nor shall such defaults within twelve (12) months thereafter, no notice shall thereafter payment be required to be given made, if Tenant shall have failed to observe or perform any of Tenant’s obligations hereunder or if Tenant shall otherwise be in default hereunder, and Tenant shall be obligated to immediately repay to Landlord the amount of any rent previously abated or the amount of any payment previously made by Xxxxxxxx as Landlord to or precedent Tenant hereunder, notwithstanding anything contained in this Lease to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.contrary. S24 Impossible Kicks/Dolphin Mall/03/21/23 COMMON AREA CHARGE

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) any failure of Tenant to pay any rent or other amount when within five (5) days after Tenant's receipt of written notice from Landlord that the same is past due hereunder; (b) any failure by Xxxxxx Tenant to perform or observe any other of the terms, provisions, conditions and covenants of this Lease for more than ten thirty (1030) days after written notice of such failurefailure or such longer period of time as may be reasonably required provided Tenant has commenced to cure the same within such thirty (30) day period and is diligently pursuing such cure to completion; (c) a determination by Landlord that Tenant has submitted any materially false report required to be furnished hereunder; (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant’s 's space and Tenant fails to promptly take such action as Landlord shall specify, orally or in writing from Landlord or Landlord's authorized representative, in order to promptly prevent, avoid or terminate such interference or work stoppage (or the threat thereof) in connection with construction of any part of the Center or any other tenant's space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s 's property, or Xxxxxx’s Tenant's assignment for the benefit of creditors; (f) if Tenant abandons or vacates or does not do business in the Premises; Premises when required to do so under this Lease, or (g) this Lease or Tenant’s 's interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; or (h) the Premises come into the hands of any person other than expressly permitted under this Lease; Lease (i) repetition or continuation of any claim failure to pay rent or lien is asserted other sums due hereunder where such failure shall continue or recorded against the interest be repeated for two consecutive months or a total of Landlord four months in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit period of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant under any other lease with Landlord or any affiliate of Landlordtwelve consecutive months. In any such event, and without any additional grace periodperiod (except as provided in this Lease), demand or notice (the same being hereby waived by Tenant), Landlord, in addition to all other rights or remedies it may have, shall have the right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to re-enter and take possession of the Premises, remove all persons and property from the Premises, store such property at Tenant’s 's expense, and sell such property if necessary to satisfy any deficiency in payments by Xxxxxx Tenant as required hereunder, all without notice or resort to legal process and without being deemed guilty of trespass or constructive eviction or becoming liable for any loss or damage occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.3.3

Right to Re-enter. The following shall be considered for all purposes to be defaults under If and breaches of this Lease: whenever: (a) any failure of the Tenant fails to pay any rent Basic Rent or Additional Rent or other amount when sums due hereunderhereunder on the day or dates appointed for the payment thereof (providing the Landlord first gives five (5) BUSINESS days' Notice to the Tenant of any such failure); or (b) any failure by Xxxxxx the Tenant fails to observe or perform or observe any other of the terms, provisions, covenants or conditions and covenants of this Lease for more to be observed or performed by the Tenant (other than ten (10) days after written notice of such failure; the terms, covenants or conditions set out below in subparagraphs (c) a determination by to (l), inclusive, for which no Notice shall be required), provided the Landlord that first gives the Tenant has submitted . . . FIFTEEN (15) Days (or such shorter period of time as is otherwise provided herein) Notice of any false such failure to perform and the Tenant within such period of . . . FIFTEEN (15) days (or such shorter period, as aforesaid) fails to commence diligently and, thereafter, to proceed diligently to cure any such failure to perform; or (c) the Tenant or any agent of the Tenant falsifies any report or statement required to be furnished hereunderto the Landlord pursuant to this Lease; or (d) anything done by the Tenant upon or in connection with any Indemnifier of this Lease or any person occupying the Leased Premises or the construction of any part thereof which directly or indirectly interferes any licensee, concessionaire or franchisee operating any business in any way with, the Leased Premises becomes bankrupt or results in a work stoppage in connection with, construction insolvent or takes the benefit of any part of the Center act now or hereafter in force for bankrupt or insolvent debtors or files any other tenant’s space; (e) the bankruptcy proposal or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, or Xxxxxx’s makes any assignment for the benefit of creditors; (f) if Tenant abandons or vacates or does not do business in the Premises; (g) this Lease or Tenant’s interest herein or in the Premises creditors or any improvements thereon arrangement or any property of Tenant are executed upon or attachedcompromise; (h) the Premises come into the hands of any person other than expressly permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant under any other lease with Landlord or any affiliate of Landlord. In any such event, and without grace period, demand or notice (the same being hereby waived by Tenant), Landlord, in addition to all other rights or remedies it may have, shall have the right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to re-enter and take possession of the Premises, remove all persons and property from the Premises, store such property at Tenant’s expense, and sell such property if necessary to satisfy any deficiency in payments by Xxxxxx as required hereunder, all without notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.or

Right to Re-enter. The following shall be considered for all purposes to be defaults under If and breaches of this Lease: (whenever: a) any failure of the Tenant fails to pay any rent Basic Rent or Additional Rent or other amount when sums due hereunderhereunder on the day or dates appointed for the payment thereof (provided the Landlord first gives five (5) days written notice to the Tenant of any such failure), and the Tenant fails to cure said default within the five (5) day notice period; (or b) any failure by Xxxxxx the Tenant fails to observe or perform or observe any other of the terms, provisions, covenants or conditions and covenants of this Lease to be observed or performed by the Tenant (other than the terms, covenants or conditions set out below in subparagraphs (c) to (k), inclusive, for more than which no notice shall be required) provided the Landlord first gives the Tenant ten (10) days after or such shorter period of time as is otherwise provided herein, written notice of any such failurefailure to perform and the Tenant within such period of ten (10) days fails to commence diligently and thereafter to proceed diligently to cure any, such failure to perform; (or c) a determination by Landlord that the Tenant has submitted or any false agent of the Tenant falsifies, any report or statement required to be furnished hereunderto the Landlord pursuant to this Lease; (or d) anything done by the Tenant upon becomes bankrupt or in connection with insolvent or takes the Premises or the construction benefit of any part thereof which directly act now or indirectly interferes hereafter in force for bankrupt or insolvent debtors or files any way with, proposal or results in a work stoppage in connection with, construction makes any assignment for the benefit of any part of the Center creditors or any other tenant’s spacearrangement or compromise; (or e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of a receiver and manager is appointed for all or a portion of the Tenant’s 's property; or f) any steps are taken or any action or proceedings are instituted by the Tenant or by any other party including, without limitation, any court or Xxxxxx’s assignment governmental body of competent jurisdiction for the benefit dissolution, winding-up or liquidation of creditorsthe Tenant or its assets other than in connection with a corporate reorganization or a merger or an amalgamation; or g) the Tenant makes a sale in bulk of any of its assets on the Demised Premises (fother than a bulk sale made to an assignee or sublessee pursuant to a permitted assignment or subletting hereunder which is made and completed in accordance with the provisions of any applicable legislation governing sales in bulk); or h) if the Tenant abandons or vacates attempts to abandon the Demised Premises, or does sells or disposes of the trade fixtures, goods or chattels of the Tenant or removes them from the Demised Premises so that there would not do business in the Premisesevent of such sale or disposal be sufficient trade fixtures, goods or chattels of the Tenant on the Demised Premises subject to distress to satisfy all Rent due or accruing hereunder for a period of at least three (3) months; or i) the Demised Premises become and remain vacant for a period of thirty (g30) consecutive days or are used by any persons other than such as are entitled to use them hereunder; or j) the Tenant assigns, transfers, encumbers, sublets or permits the occupation or use or any parting with or sharing possession of all or any part of the Demised Premises by anyone except in a manner permitted by the Lease; or k) this Lease or any of the Tenant’s interest herein or in the Premises or assets are taken under any improvements thereon or any property writ of Tenant are executed upon or attached; (h) the Premises come into the hands of any person other than expressly permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenantexecution; or (j) the default by Tenant or any affiliate of Tenant re-entry is permitted under any other lease with Landlord or any affiliate terms of Landlord. In any this Lease, then and in every such event, and without grace period, demand or notice (case the same being hereby waived by Tenant), Landlord, in addition to all any other rights or remedies the Landlord has pursuant to this Lease or by law, has the immediate right of re-entry upon the Demised Premises and it may have, shall have repossess the right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, Demised Premises and shall have the right, either before or after any such termination, to re-enter enjoy them as of its former estate and take possession of the Premises, remove may expel all persons and remove all property from the Premises, store Demised Premises and such property may be removed and sold or disposed of by the Landlord as it deems advisable or may be stored in a public warehouse or elsewhere at the cost and for the account of the Tenant’s expense, and sell such property if necessary to satisfy any deficiency in payments by Xxxxxx as required hereunder, all without service of notice or resort to legal process and without the Landlord being deemed considered guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) any failure of Tenant to pay any rent or other amount when due hereunder; (b) any failure by Xxxxxx Tenant to perform or observe any other of the terms, provisions, conditions and covenants of this Lease for more than ten thirty (1030) days after written notice of such failure; (c) a determination by Landlord that Tenant has submitted any false report required to be furnished hereunder; (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant’s 's space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s 's property, or Xxxxxx’s Tenant's assignment for the benefit of creditors; (f) if Tenant abandons or vacates or does not do business in the Premises; Premises or (g) this Lease or Tenant’s 's interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; or (h) the Premises come into the hands of any person other than expressly permitted under this Lease; , or (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; Tenant and the same is not removed, discharged or bonded over within thirty (j30) the default by Tenant or any affiliate of Tenant under any other lease with Landlord or any affiliate of days after notice from Landlord. In any such event, and without grace period, demand or notice (the same being hereby waived by Tenant), Landlord, in addition to all other rights or remedies it may have, shall have the right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to re-enter and take possession of the Premises, remove all persons and property from the Premises, store such property at Tenant’s 's expense, and sell such property if necessary to satisfy any deficiency in payments by Xxxxxx Tenant as required hereunder, all without notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.3.4

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches In the event of this Lease: (a) any failure of Tenant (a) to pay any rent rental due hereunder within ten (10) days after the same shall be due; or other amount when due hereunder; (b) any failure by Xxxxxx to perform or observe any other of the terms, provisions, conditions and or covenants of this Lease to be observed or performed by Tenant for more than ten thirty (1030) days after written notice of such failuredefault shall have been given to Tenant; or (c) a determination by Landlord that if Tenant has submitted or an agent of Tenant shall falsify any false report required to be furnished hereunderto Landlord, any charter school authorizing agency, accrediting agency, or other governmental body; or (d) anything done by if Tenant upon shall become bankrupt or insolvent, or file any debtor proceedings or take or have taken against Tenant in connection with any court pursuant to any statute either of the Premises United States or the construction of any part thereof which directly or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant’s space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of State a petition in bankruptcy or insolvency or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, ; or Xxxxxx’s (e) if Tenant makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement; or (f) if Tenant abandons shall abandon said Premises or vacates or does not do business in the Premises; (g) suffer this Lease or Tenant’s interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; (h) the Premises come into the hands of any person other than expressly permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant to be taken under any other lease with writ of execution, then, Landlord or any affiliate of Landlord. In any such event, and without grace period, demand or notice (the same being hereby waived by Tenant), Landlord, in addition to all beside other rights or remedies it may havehave at law or in equity, shall have the immediate right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to of re-enter entry and take possession of the Premises, may remove all persons and property except for FFE obtained pursuant to Section 3.05 from the Premises, store Premises and such property may be removed and stored in a public warehouse or elsewhere at Tenant’s expensethe cost of, and sell such property if necessary to satisfy any deficiency in payments by Xxxxxx as required hereunderfor the account of Tenant, all without service of notice or resort to legal process and without being deemed guilty of trespass trespass, or becoming liable for any loss or damage which may be occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.

Right to Re-enter. The following shall be considered for all purposes to be defaults under If and breaches of this Lease: whenever: (a) any failure of the Tenant fails to pay any rent Basic Rent or other amount when due hereunderAdditional Rent on the day or dates appointed for payment (provided the Landlord first gives five (5) days' written notice to the Tenant of the Tenant's failure); or (b) any failure by Xxxxxx the Tenant fails to observe or perform or observe any other of the terms, provisions, covenants or conditions and covenants of this Lease to be observed or performed by the Tenant (other than the terms, covenants or conditions set out below in subparagraph (c) for more than which no notice shall be required), provided the Landlord first gives the Tenant ten (10) days after days', or such shorter period of time as is otherwise provided in this Lease, written notice of such the Tenant's failure and the Tenant within the 10 day period fails to commence diligently and thereafter to proceed diligently to cure its failure; or (c) a determination by Landlord that the Tenant has submitted or any false report required to be furnished hereunder; (d) anything done by Tenant upon Indemnifier becomes bankrupt or in connection with insolvent or takes the Premises or the construction benefit of any part thereof which directly act now or indirectly interferes hereafter in force for bankrupt or insolvent debtors or files any way with, proposal or results in a work stoppage in connection with, construction makes any assignment for the benefit of any part of the Center creditors or any other tenant’s space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of compromise; a receiver or trustee of a receiver manager is appointed for all or a portion of the Tenant’s 's or the Indemnifier's property; any steps are taken or any action or proceedings are instituted by the Tenant or by any other party to dissolve, wind-up or liquidate of the Tenant or its assets; the Tenant makes a sale in bulk of its assets on the Leased Premises other than a bulk sale to a permitted Transferee in compliance with the Bulk Sales Act (Ontario); the Tenant abandons the Leased Premises, or Xxxxxx’s assignment for sells or disposes of the benefit trade fixtures, goods or chattels of creditors; (f) if the Tenant abandons or vacates or does remove them from the Leased Premises so that there would not do business in the Premisesevent of such sale or disposal be sufficient trade fixtures, goods or chattels of the Tenant on the Leased Premises subject to distress to satisfy all Rent due or accruing hereunder for a period of at least three (3) months; the Leased Premises become and remain vacant for a period of five (g5) consecutive days; the Tenant effects or permits a Transfer without the Landlord's consent where required; this Lease or any of the Tenant’s interest herein or in the Premises or 's assets are taken under any improvements thereon or any property writ of Tenant are executed upon or attached; (h) the Premises come into the hands of any person other than expressly permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenantexecution; or (j) the default by Tenant or any affiliate of Tenant re-entry is permitted under any other lease with Landlord or any affiliate terms of Landlord. In any such eventthis Lease, and without grace period, demand or notice (then the same being hereby waived by Tenant), Landlord, in addition to all any other rights or remedies available to it, has the immediate right of re-entry upon the Leased Premises and it may have, shall have repossess the right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, Leased Premises and shall have the right, either before or after any such termination, to re-enter enjoy them as of its former estate and take possession of the Premises, may expel all Persons and remove all persons and property from the Premises, store Leased Premises and such property may be removed and sold or disposed of by the Landlord as it deems advisable or may be stored in a public warehouse or elsewhere at the cost and for the account of the Tenant’s expense, and sell such property if necessary to satisfy any deficiency in payments by Xxxxxx as required hereunder, all without service of notice or resort to legal process and without the Landlord being deemed considered guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.

Right to Re-enter. The following shall be considered for all purposes to be defaults under If and breaches of this Lease: whenever: (a) any failure of the Tenant fails to pay any rent Basic Rent or other amount when due hereunderAdditional Rent on the day or dates appointed for payment (provided the Landlord first gives five (5) days' written notice to the Tenant of the Tenant's failure); or (b) any failure by Xxxxxx the Tenant fails to observe or perform or observe any other of the terms, provisions, covenants or conditions and covenants of this Lease to be observed or performed by the Tenant (other than the terms, covenants or conditions set out below in subparagraph (c) for more than which no notice shall be required), provided the Landlord first gives the Tenant ten (10) days after days' written notice of the Tenant's failure, or such shorter period of time as is otherwise provided in this Lease, and the Tenant within the ten (10) day or shorter period fails to commence diligently and thereafter to proceed diligently to cure its failure; or (c) a determination by Landlord that the Tenant has submitted or any false report required to be furnished hereunder; (d) anything done by Tenant upon Indemnifier becomes bankrupt or in connection with insolvent or takes the Premises or the construction benefit of any part thereof which directly act now or indirectly interferes hereafter in force for bankrupt or insolvent debtors or files any way with, proposal or results in a work stoppage in connection with, construction makes any assignment for the benefit of any part of the Center creditors or any other tenant’s space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of compromise; a receiver or trustee of a receiver-manager is appointed for all or a portion of the Tenant’s 's property; any steps are taken or any action or proceedings are instituted by the Tenant or by any other party to dissolve, wind-up or liquidate the Tenant or its assets; the Tenant abandons the Leased Premises, or Xxxxxx’s assignment for sells or disposes of the benefit trade fixtures, goods or chattels of creditors; (f) if the Tenant abandons or vacates or does removes them from the Leased Premises so that there would not do business in the Premisesevent of such sale or disposal be sufficient trade fixtures, goods or chattels of the Tenant on the Leased Premises subject to distress to satisfy all Rent due or accruing hereunder for a period of at least three (3) months; the Leased Premises become and remain vacant for a period of five (g5) consecutive days; the Tenant effects or permits a Transfer without the Landlord's consent where required; this Lease or any of the Tenant’s interest herein or in the Premises or 's assets are taken under any improvements thereon or any property writ of Tenant are executed upon or attached; (h) the Premises come into the hands of any person other than expressly permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenantexecution; or (j) the default by Tenant or any affiliate of Tenant re-entry is permitted under any other lease with Landlord or any affiliate terms of Landlord. In any such eventthis Lease, and without grace period, demand or notice (then the same being hereby waived by Tenant), Landlord, in addition to all any other rights or remedies available to it, has the immediate right of re-entry upon the Leased Premises and it may have, shall have repossess the right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, Leased Premises and shall have the right, either before or after any such termination, to re-enter enjoy them as of its former estate and take possession of the Premises, may expel all Persons and remove all persons and property from the Premises, store Leased Premises and such property may be removed and sold or disposed of by the Landlord as it deems advisable or may be stored in a public warehouse or elsewhere at the cost and for the account of the Tenant’s expense, and sell such property if necessary to satisfy any deficiency in payments by Xxxxxx as required hereunder, all without service of notice or resort to legal process and without the Landlord being deemed considered guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein shall which may be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlordoccasioned.

Right to Re-enter. The following shall be considered for all purposes to be defaults under If and breaches of this Lease: whenever:- (aA) any failure of the Tenant fails to pay any rent Rent or other amount when sums due hereunderhereunder or any part thereof on the 10th day following the day after receipt of notice of default; or (bB) any failure by Xxxxxx the Tenant fails to keep, observe or perform or observe any other of the terms, provisionsconditions, conditions covenants and covenants agreements herein contained on the part of this Lease the Tenant to be kept, observed or performed for more than ten thirty (1030) days after written receipt of notice in writing of such failure has been given to the Tenant and such failure has not been cured provided that if such failure is not capable of being cured within such thirty (30) day period, but the Tenant has commenced and is diligently pursuing the cure of such failure, then, the Tenant shall have such longer time to cure such failure as is reasonable; or (cC) a determination by Landlord that the Tenant has submitted any false report required to be furnished hereunder; (d) anything done by Tenant upon becomes bankrupt or in connection with insolvent or takes the Premises or the construction benefit of any part thereof which directly act now or indirectly interferes hereafter in force for bankrupt or insolvent debtors or files any way with, proposal or results in a work stoppage in connection with, construction of makes any part of the Center or any other tenant’s space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, or Xxxxxx’s assignment for the benefit of creditors; or (fD) if a receiving order is made against the Tenant; or (E) a receiver or a receiver and manager is appointed for all or a portion of the property of the Tenant; or (F) any steps are taken or any action or proceedings are instituted by the Tenant abandons or vacates by any other party including, without limitation, any court or does not do business governmental body of competent jurisdiction for the dissolution, winding up or liquidation of the Tenant or its assets; or (G) the Tenant makes a sale in bulk other than a bulk sale made to a Transferee pursuant to a permitted Transfer hereunder and pursuant to the PremisesBulk sales Act of Ontario; or (gH) the Tenant assigns or encumbers the whole or any part of this Lease or Tenant’s interest herein sublets or suffers or permits the use or occupation by anyone of the whole or any part of the Leased Premises except in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; (h) the Premises come into the hands of any person other than expressly manner permitted under by this Lease; or (iI) the Term hereby granted or any claim of the Tenant's assets shall be taken in execution or lien is asserted in attachment or recorded if a writ of execution shall issue against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which and not be satisfied within thirty (30) days; or (J) re-entry is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant permitted under any other lease terms of this Lease; then and in any of such cases, at the option of the Landlord, the full amount of the current month's Rent and Additional Rent and the next ensuing three (3) months' Basic Rent and Additional Rent shall immediately become due and payable and the Landlord may immediately distrain for the same, together with Landlord or any affiliate of Landlord. In any such eventarrears then unpaid, and without grace period, demand or notice (the same being hereby waived by Tenant), LandlordLandlord shall have, in addition to all any other rights or remedies it may have, shall have of the right thereupon Landlord pursuant to this Lease or at any time thereafter to terminate this Lease by giving notice to Tenant stating law or in equity, the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, immediate right to re-enter into and upon and take possession of the PremisesLeased Premises or any part thereof in the name of the whole and have again, remove re-possess and enjoy the Leased Premises in its former estate, and to expel all persons and property from the Premises, Leased Premises and to remove and store such all property in a public warehouse or elsewhere at the cost and for the account of the Tenant’s expense, and sell such property if necessary to satisfy any deficiency in payments by Xxxxxx as required hereunder, all without service of notice or resort to legal process and without being deemed guilty of trespass or the Landlord becoming liable for any loss or damage which may be occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) any failure of Tenant to pay any rent Minimum Monthly Rent or other amount when Additional Rent within ten (10) days after the due hereunder; date thereof: (b) any failure by Xxxxxx Tenant to perform or observe any other of the other terms, provisions, conditions and covenants of this Lease for more than ten (10) days after written notice from Lessor of such failure; (c) a determination by Landlord that Tenant has submitted any false report required to be furnished hereunder; (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant’s space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, . or XxxxxxTenant’s assignment for the benefit of creditors; (fd) if Tenant abandons or vacates or does not do ceases to conduct its business in on the Premises; (ge) this Lease or Tenant’s interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; or (hf) the Premises come into the hands of any person other than as expressly permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit through fault of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant under any other lease with Landlord or any affiliate of Landlord. In any such event, and without grace period, demand or notice (the same being hereby waived by Tenant), LandlordLessor, in addition to all other rights or remedies it may have, shall have the right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to re-enter and take possession of the Premises, remove all persons and property from the Premises, store such property at Tenant’s expense, and sell such property if necessary to satisfy any deficiency in payments by Xxxxxx Tenant as required hereunder, all without notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) In the event of (1) any failure of Tenant to pay any rent or other amount charges due hereunder when due hereunder; due, or (b2) if Tenant shall fail to move into the Leased Premises and to commence the conduct of its business on the date specified in Section 1.02 hereof, or fail to perform any obligation hereunder prior to such commencement date, or fail to continuously operate its business pursuant to Section 7.02 for the purpose specified in Section 7.01 hereof, or fail to operate under the name specified in Section 16.01 hereof, or if Tenant shall abandon said Leased Premises, or permit this Lease to be taken under any writ of execution, or if there shall be any default by Tenant (or by any person or entity which, directly or indirectly, controls, is controlled by, or is under common control with Tenant) under any other lease with Landlord (or with any person or entity which is affiliated with Landlord or which, directly or indirectly, controls, is controlled by, or is under common control with Landlord, or which is managed by the managing agent utilized by Landlord for the Shopping Center) which shall not be remedied within the applicable grace period, if any, provided therefor under such other lease, or if there shall be any default by Tenant or any entity affiliated with Tenant with respect to any financing instrument or arrangement, if any, relating to any items used in, or the operation of business upon, the Leased Premises, or (3) any failure by Xxxxxx to perform or observe any other of the terms, provisions, conditions and or covenants of this Lease to be observed or performed by Tenant for more than ten thirty (1030) days after written notice of such failure; (c) a determination by Landlord that Tenant has submitted any false report required default shall have been mailed to be furnished hereunder; (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant’s space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, or Xxxxxx’s assignment for the benefit of creditors; (f) if Tenant abandons or vacates or does not do business in the Premises; (g) this Lease or Tenant’s interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; (h) the Premises come into the hands of any person other than expressly permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant under any other lease with Landlord or any affiliate of Landlord. In any such event, and without grace period, demand or notice (the same being hereby waived by Tenant), then Landlord, in addition to all besides other rights or remedies it may have, shall have the right thereupon or at any time thereafter to terminate declare this Lease by giving notice to Tenant stating terminated and the term ended (in which event, this Lease and the term hereof shall expire, cease and terminate with the same force and effect as though the date upon which such termination set forth in any required notice were the date originally set forth herein and fixed for the expiration of the term and Tenant shall be effective, vacate and surrender the Leased Premises but shall remain liable for all obligations arising during the balance of the original stated term as hereafter provided as if this Lease had remained in full force and effect) and Landlord shall have the rightright to bring a special proceeding to recover possession from Tenant holding over and/or Landlord may, in any of such events, without notice, re-enter the Leased Premises either before by force or after any such terminationotherwise, and dispossess, by summary proceedings or otherwise, Tenant and the legal representative of Tenant or other occupant of the Leased Premises and remove their effects and hold the Leased Premises as if this Lease had not been made, and Tenant hereby waives the service of notice of intention to re-enter and take or to institute legal proceedings to that end. (b) In addition to the remedies set forth herein for such failure by Xxxxxx, Landlord shall have the further remedy of erecting a barricade at the storefront of the Leased Premises at such time as possession of the PremisesLeased Premises is deemed vested in Landlord, which barricade may be erected, at Tenant’s expense, and without notice to Tenant or resort to legal process, and without Landlord in any manner becoming liable for any loss or damage which may be occasioned thereby. Notwithstanding the foregoing provisions of this Section, in the event Tenant shall fail to perform or shall default in the performance of any term, covenant or condition of this Lease on two (2)four (4) or more separate occasions during any twelve-month period, then, even though such failures or defaults may have been cured by Tenant, any further failure or default by Tenant during the term of this Lease shall be deemed a default without the ability for cure by Tenant. Further if any failure or performance of any non-monetary default cannot be completed if commenced within the provided thirty (30) days and if Tenant shall be diligently in good faith using all proper and professional best efforts to cure such default, then Tenant shall be afforded reasonable additional time for diligent completion of cure, not to exceed sixty (60) days. During the continuance of any failure of performance or any default by Tenant in the performance of any term, covenant or condition of this Lease, Tenant shall not be entitled to exercise any rights or options, or to receive any funds or proceeds being held under or pursuant to this Lease, notwithstanding any contrary provisions contained herein. In the event of re-entry by Landlord, Landlord may remove all persons and property from the Premises, store Leased Premises and such property may be stored in a public warehouse or elsewhere at Tenant’s expensethe cost of, and sell such property if necessary for the account of Tenant, without notice or resort to satisfy legal process and without Landlord being deemed guilty of trespass, or becoming liable for any deficiency loss or damage which may be occasioned thereby. In addition, and to the extent permitted by law, in payments the event of re-entry by Xxxxxx as Landlord, Landlord may, but shall not be required hereunderto, all padlock or otherwise secure the entrances to the Leased Premises without prior notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein damage; all costs and expenses incurred by Landlord in securing the entrances to the Leased Premises shall be construed borne by Tenant and shall be payable to require Landlord on ten (10)thirty (30) days’ written notice; and any such padlocking or securing of the Leased Premises shall not constitute or be deemed as an election on Landlord’s part to terminate this Lease unless a written notice of such intention shall be given to Tenant or unless the termination of this Lease is decreed by a court of competent jurisdiction. In the event Tenant shall not remove its property from the Leased Premises within ten (10)thirty (30) days after Tenant has vacated the Leased Premises, then such property shall be deemed abandoned by Tenant and Landlord may dispose of the same without liability to Tenant. At any time that Xxxxxx has failed to pay rent or other charges within ten (10)thirty (30) days after the same shall be due, thereafter Landlord shall not be obligated to accept any payment from Tenant unless such payment is made in certified funds. To the extent that this Lease specifically provides for any abatement of rent otherwise payable by Tenant under this Lease, or any payment by Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein containedTenant, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein requiredsuch abatement shall not be effective, and commits nor shall such defaults within twelve (12) months thereafter, no notice shall thereafter payment be required to be given made, if Tenant shall have failed to observe or perform any of Tenant’s obligations hereunder or if Tenant shall otherwise be in default hereunder, and Tenant shall be obligated to immediately repay to Landlord the amount of any rent previously abated or the amount of any payment previously made by Xxxxxxxx as Landlord to or precedent Tenant hereunder, notwithstanding anything contained in this Lease to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.contrary. S26 COMMON AREA CHARGE

Right to Re-enter. The following shall be considered for all purposes to be defaults under If and breaches of this Lease: when, (a) any failure of the Tenant fails to pay any rent Rent or other amount when sums due hereunderhereunder on the day or dates appointed for the payment thereof; or (b) any failure by Xxxxxx the Tenant fails to observe or perform or observe any other of the terms, provisions, covenants or conditions and covenants of this Lease to be observed or performed by the Tenant (other than the terms, covenants or conditions set out below in Subparagraphs (c) to (I) inclusive, for more than which no notice shall be required) provided the Landlord first gives the Tenant ten (10) days, or such shorter period of time as is otherwise provided herein, written notice of any such failure to perform, and the Tenant within such period of ten (10) days after written notice of fails to commence diligently and thereafter to proceed diligently to cure any such failurefailure to perform; or (c) a determination by Landlord that the Tenant has submitted or any false agent of the Tenant falsifies any report required to be furnished hereunderto the Landlord pursuant to this Lease; or (d) anything done by the Tenant upon or in connection with any indemnifier of this Lease or any Party occupying the Leased Premises or the construction of any part thereof which directly becomes bankrupt or indirectly interferes in any way with, insolvent or results in a work stoppage in connection with, construction takes benefit of any part act now or hereafter in force for bankrupt or insolvent debtors or files any proposal or makes any assignment for the benefit of the Center creditors or any other tenant’s spacearrangement or compromise; or (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of receiver, a receiver and manager or trustee of liquidator is appointed for all or a portion of the Tenant’s property's property or such Indemnifier's, or Xxxxxx’s assignment for the benefit of creditorsoccupant's property; or (f) if any step is taken or any action or proceeding is instituted by the Tenant or by any other party including, without limitation, any court or governmental body of competent jurisdiction for the dissolution, winding-up or liquidation of the Tenant or its assets; or (g) the Tenant makes a sale in bulk of any of its assets, wherever situated (other than a bulk sale made to an assignee or sublessee pursuant to permitted assignment or subletting hereunder); or (h) the Tenant abandons or vacates attempts to abandon the Leased Premises, or does sells or disposes of the goods and chattels of the Tenant or removes them from the Leased Premises so that there would not do business in the Premisesevent of such sale or disposal be sufficient goods of the Tenant on the Leased Premises subject to distress to satisfy all Rent due or accruing hereunder for a period of at least twelve (12) months; or (gi) the Tenant assigns, transfers, encumbers, sublets or permits the occupation or use or the parting with or sharing possession of all or any part of the Leased Premises by anyone except in a manner permitted by this Lease; or (j) this Lease or any of the Tenant’s interest herein 's assets are taken under any writ of execution or in the Premises or any improvements thereon or any property of Tenant are executed upon or attachedsimilar legal process; or (hk) the Premises come into the hands of any person other than expressly re-entry is permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant under any other lease with Landlord or any affiliate terms of Landlord. In any this Lease, then and in every such event, and without grace period, demand or notice (cash the same being hereby waived by Tenant), Landlord, in addition to all any other rights or remedies it may have, shall have the right thereupon or at any time thereafter has pursuant to terminate this Lease or by giving notice to Tenant stating law, has the date immediate right of re-entry upon which such termination shall be effectivethe Leased Premises and it may repossess the Leased Premises and enjoy them as of its former estate, and shall have the right, either before or after any such termination, to re-enter and take possession of the Premises, remove it may exel all persons and remove all property from the Leased Premises, store and such property may be removed and sold or disposed of by the Landlord as it deems advisable or may be stored in a public warehouse or elsewhere at the cost and for the account of the Tenant’s expense, and sell such property if necessary to satisfy any deficiency in payments by Xxxxxx as required hereunder, all without service notice or resort to legal process and without the Landlord being deemed considered guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.

Right to Re-enter. The following shall be considered Proviso for all purposes to be defaults under and breaches re-entry by the Landlord on non-payment of this Lease: rent or non-performance of covenants. Without limiting the generality of the foregoing, if; (a) any failure of the Tenant fails to pay any rent Rent or other amount when sums due hereunderhereunder on the day or dates appointed for the payment thereof (provided the Landlord first gives five (5) days' written notice to the Tenant of any such failure); or (b) any failure by Xxxxxx the Tenant fails to observe or perform or observe any other of the terms, provisions, covenants or conditions and covenants of this Lease for more than to be observed or performed by the Tenant (provided the Landlord first gives to the Tenant ten (10) days after days', or such shorter period of time as is otherwise provided herein, written notice, or, no notice in case of a real or apprehended emergency, of any such failurefailure to perform, and, the Tenant, within such period, fails to commence diligently and thereafter to proceed diligently to cure any such failure to perform); or (c) the Tenant or any Indemnifier of this Lease or any Person occupying the leased Premises or any part thereof or any licensee, concessionaire or franchisee operating a determination by Landlord that Tenant has submitted business in the Leased Premises becomes bankrupt or insolvent or takes the benefit of any false report required to be furnished hereunderact now or hereafter in force for bankrupt or insolvent debtors or files any proposal or makes any assignment for the benefit of creditors or any arrangement or compromise; or (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant’s space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of a receiver and manager is appointed for all or a portion of the Tenant’s 's property or any such Indemnifier's occupant's, licensee's, concessionaire's or franchisee's property; or (e) any steps are taken or any action or proceedings are instituted by the Tenant or by any other party including without limitation, any court or Xxxxxx’s assignment governmental body of competent jurisdiction for the benefit dissolution, winding-up or liquidation of creditorsthe Tenant's or its assets; or (f) if the Tenant makes a sale in bulk (other than a bulk sale made to an assignee or sublessee pursuant to a permitted assignment or subletting hereunder and pursuant to the Bulk Sales Act of Ontario); or (g) the Tenant abandons or vacates or does not do business in attempts to abandon the Leased Premises; or (gh) the Tenant transfers or permits the occupation of all or any part of the Leased Premises by any one except in a manner permitted by this Lease; or (i) this Lease or any of the Tenant’s interest herein or in the Premises or 's assets are taken under any improvements thereon or any property writ of Tenant are executed upon or attached; (h) the Premises come into the hands of any person other than expressly permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenantexecution; or (j) the default by Tenant or any affiliate of Tenant re-entry is permitted under any other lease with Landlord or any affiliate terms of Landlord. In any such event, and without grace period, demand or notice (this Lease; than the same being hereby waived by Tenant), Landlord, in addition to all any other rights or remedies it may have, shall have the right thereupon or at any time thereafter has pursuant to terminate this Lease or by giving notice to Tenant stating the date upon which such termination shall be effectivelaw, and shall have the right, either before or after any such terminationhas, to the extent permitted by law, the immediate right of re-entry upon the Leased Premises and may re-enter the Leased Premises, and take possession any or all of the Premises, remove all persons Tenant's property may be removed and property from sold or disposed of by the Premises, store such property Landlord as it deems advisable or may be stored in a public warehouse or elsewhere at the cost and for the account of the Tenant’s expense, and sell such property if necessary to satisfy any deficiency in payments by Xxxxxx as required hereunder, all without services of notice or resort to legal process and without the Landlord being deemed considered guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) any failure of Tenant to pay any rent or other amount when due hereunderhereunder for more than ten (10) days after written notice of such failure; (b) any failure by Xxxxxx Tenant to perform or observe any other of the terms, provisions, conditions and covenants of this Lease for more than thirty (30) ten (10) days after written notice of such failurefailure (or such additional time as is reasonably required to correct such default); (c) a determination by Landlord that Tenant has willfully submitted any false Gross Sales or Adjusted Gross Sales report required to be furnished hereunderhereunder and Tenant subsequently fails to submit a correct Gross Sales or Adjusted Gross Sales statement within thirty (30) fifteen (15) days after receipt of written notice from Landlord; (d) anything done by Tenant Tenant, for more than two (2) business days (excluding holidays) after Tenant's receipt of written notice, at Tenant's notice address, upon or in connection with the Premises or the construction of any part thereof which directly or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant’s 's space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s 's property, or Xxxxxx’s Tenant's assignment for the benefit of creditors; (f) if Tenant abandons or vacates or does not do business in the Premises; Premises or (g) this Lease or Tenant’s interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; (h) the Premises come into the hands of any person other than expressly permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant under any other lease with Landlord or any affiliate of Landlord. In any such event, and without grace period, demand or notice (the same being hereby waived by Tenant), Landlord, in addition to all other rights or remedies it may have, shall have the right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to re-enter and take possession of the Premises, remove all persons and property from the Premises, store such property at Tenant’s expense, and sell such property if necessary to satisfy any deficiency in payments by Xxxxxx as required hereunder, all without notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.or

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) any ally failure of Tenant to pay any rent Minimum Monthly Rent or other amount when Additional Rent within (l0) days after the due hereunderdate thereof; (b) any failure by Xxxxxx Tenant to perform or observe any other of the other terms, provisions, conditions and covenants of this Lease for more than ten (10) 10 days after written notice from Lessor of such failure; (c) a determination by Landlord that Tenant has submitted any false report required to be furnished hereunder; (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant’s space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s propertyproper1y, or XxxxxxTenant’s assignment for the benefit of creditors; (fd) if Tenant abandons or vacates or does not do ceases to conduct its business in on the Premises; (ge) this Lease or Tenant’s interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; or (hf) the Premises come into the hands of any person other than as expressly permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Centerlease, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit through fault of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant under any other lease with Landlord or any affiliate of Landlord. In any such event, and without grace period, demand or notice (the same being hereby waived by Tenant), LandlordLessor, in addition to all other rights or remedies it may have, shall have the right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to re-enter and take possession of the Premises, remove all persons and property from the Premises, store such property at Tenant’s expense, and sell such property property, if necessary to satisfy any and deficiency in payments by Xxxxxx Tenant as required hereunder, all without notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) An “Event of Default” occurs whenever: (i) the Tenant defaults in the payment of Rent or Sales Taxes and the default continues for five (5) days after written notice to the Tenant; (ii) the Tenant commits a breach of, or fails to observe or perform any failure of Tenant to pay any rent covenant or other amount when due hereunder; (b) any failure by Xxxxxx to perform or observe any other of the terms, provisions, conditions and covenants condition of this Lease for more other than a breach specified below in Section 11.01(a)(iii) and the breach is not remedied within ten (10) days (or such longer period of time as may be required under the Commercial Tenancies Act) after written notice to the Tenant; or (iii) any of such failure; the following events occurs and the Landlord gives to the Tenant whatever notice is required under the Commercial Tenancies Act (cOntario): (A) the Tenant, or a determination by Landlord that Tenant has submitted any false report required to be furnished hereunder; (d) anything done by Tenant upon Person carrying on business in the whole or in connection with the Premises or the construction of any part thereof which directly or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center Leased Premises, or an Indemnifier becomes bankrupt or insolvent or takes the benefit of any other tenant’s space; (e) the bankruptcy statute for bankrupt or insolvency of Tenant insolvent debtors or the filing by or against Tenant of a petition in bankruptcy or for reorganization makes any proposal, assignment or arrangement or for the appointment of with its creditors; or (B) a receiver, an interim receiver, a receiver and manager, a liquidator or trustee of like Person is appointed for all or a portion part of the property of the Tenant’s property, or Xxxxxx’s assignment for the benefit of creditors; (f) if Tenant abandons or vacates or does not do another Person carrying on business in the Leased Premises, or of an Indemnifier; or (gC) this Lease steps are taken or proceedings are instituted for the dissolution, winding up or other termination of the Tenant’s interest herein or in the Indemnifier’s existence or the liquidation of their respective assets; or (D) property is sold, disposed of or removed from the Leased Premises or any improvements thereon or any so that there does not remain sufficient property of Tenant are executed upon or attached; (h) on the Leased Premises come into the hands available for distraint, free and clear of any person lien, charge or other than expressly permitted under this Lease; (i) any claim or lien is asserted or recorded against encumbrance ranking ahead of the interest Landlord’s right of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant under any other lease with Landlord or any affiliate of Landlord. In any such event, and without grace period, demand or notice (the same being hereby waived by Tenant), Landlord, in addition to all other rights or remedies it may have, shall have the right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such terminationdistress, to re-enter and take possession of satisfy the Premises, remove all persons and property from the Premises, store such property Rent due or accruing for at Tenant’s expense, and sell such property if necessary to satisfy any deficiency in payments by Xxxxxx as required hereunder, all without notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within least twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.months; or

Right to Re-enter. The following shall be considered for all purposes to be defaults under If and breaches of this Lease: whenever: (a) any failure of the Tenant fails to pay any rent Basic Rent or Additional Rent or other amount when sums due hereunderhereunder on the day or dates appointed for the payment thereof (providing the Landlord first gives five (5) days Notice to the Tenant of any such failure); or (b) any failure by Xxxxxx the Tenant fails to observe or perform or observe any other of the terms, provisions, covenants or conditions and covenants of this Lease to be observed or performed by the Tenant (other than the terms, covenants or conditions set out below in subparagraphs (c) to (l), inclusive, for more than which no Notice shall be required), provided the Landlord first gives the Tenant ten (10) days after written notice (or such longer period of time as is reasonable in the circumstances) Notice of any such failurefailure to perform and the Tenant within such period of ten (10) days fails to commence diligently and, thereafter to proceed diligently to cure any such failure to perform; or (c) a determination by Landlord that the Tenant has submitted falsifies any false report or statement required to be furnished hereunderto the Landlord pursuant to this Lease, or any agent of the Tenant falsifies any such report or statement and the Tenant knows or ought to have known of such falsification; or (d) anything done by the Tenant upon or in connection with any Guarantor of this Lease or any person occupying the Leased Premises or the construction of any part thereof which directly or indirectly interferes any licensee, concessionaire or franchisee operating any business in any way with, the Leased Premises become bankrupt or results in a work stoppage in connection with, construction insolvent or takes the benefit of any part act now or hereafter in force for bankrupt or insolvent debtors or files any proposal or makes any assignment for the benefit of the Center creditors or any other tenant’s spacearrangement or compromise; or (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of a receiver and manager is appointed for all or a portion of the property of the Tenant’s property, any Guarantor or Xxxxxx’s assignment for the benefit of creditorsany such occupant, licensee, concessionaire or franchisee; or (f) if any steps are taken or any action or proceedings are instituted by the Tenant abandons or vacates by any other party including, without limitation, any court or does not do business governmental body of competent jurisdiction for the dissolution, winding-up or liquidation of the Tenant or its assets and, in the Premisescase of steps taken or any action or proceedings instituted by a third party, they are not set aside within twenty (20) days of the Tenant receiving notice thereof; or (g) intentionally deleted; or (h) intentionally deleted; or (i) intentionally deleted; or (j) the Tenant purports to make a Transfer, except in a manner permitted by this Lease; or (k) this Lease or any of the Tenant’s interest herein or in the Premises or assets are taken under any improvements thereon or any property writ of Tenant are executed upon or attachedexecution; or (hl) the Premises come into the hands of any person other than expressly re-entry is permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant under any other lease with Landlord or any affiliate terms of Landlordthis Lease. In any then and in every such eventcase, and without grace period, demand or notice (the same being hereby waived by Tenant), Landlord, in addition to all any other rights or remedies it may have, shall have the right thereupon or at any time thereafter has pursuant to terminate this Lease or by giving notice to Tenant stating law, has the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to immediate right of re-enter entry upon the Leased Premises and take possession it may repossess the Leased Premises and enjoy them as of the Premises, remove its former estate and may expel all persons and remove all property from the Premises, store Leased Premises and such property may be removed and sold or disposed of by the Landlord as it deems advisable or may be stored in a public warehouse or elsewhere at the cost and for the account of the Tenant’s expense, and sell such property if necessary to satisfy any deficiency in payments by Xxxxxx as required hereunder, all without service of notice or resort to legal process and without the Landlord being deemed considered guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) In the event of (1) any failure of Tenant to pay any rent or other amount when charges due hereunder; hereunder within five (b5) business days following notice from Landlord that the same is past due, or (2) if Tenant shall fail to move into the premises and to commence the conduct of its business on the date specified in Section 1.02 hereof (provided that if Tenant shall have paid all rent, and shall also have paid the liquidated damages amounts payable under Section 1.03 of this Lease as a result of Tenant's failure to initially open for business in the leased premises on the commencement date of the term of this Lease, then such failure to commence operations shall not be a default permitting Landlord to exercise the rights under this Article XIX until the expiration of ninety (90) days following the commencement date of the term of this Lease), or fail to continuously operate its business pursuant to Section 7.02 for the purpose specified in Section 7.01 hereof, or fail to operate under the name specified in Section 16.01 hereof, or if Tenant shall abandon said premises, or permit this Lease to be taken under any writ of execution, or if Tenant shall wrongfully offset against rents any amounts purported to be due by Landlord to Tenant, or if there shall be any default by Tenant (or by any person or entity which, directly or indirectly, controls, is controlled by, or is under common control with Tenant) under any other lease with Landlord (or with any person or entity which is affiliated with Landlord or which, directly or indirectly, controls, is controlled by, or is under common control with Landlord, or which is managed by the managing agent utilized by Landlord for the Shopping Center) which shall not be remedied within the applicable grace period, if any, provided therefor under such other lease, or if there shall be any default by Tenant or any entity affiliated with Tenant with respect to any financing instrument or arrangement, if any, relating to any items used in, or the operation of business upon, the leased premises, or (3) any failure by Xxxxxx to perform or observe any other of the terms, provisions, conditions and or covenants of this Lease to be observed or performed by Tenant for more than ten thirty (1030) days after written notice of such failure; default shall have been received or refused by Tenant (c) a determination by Landlord that provided, however, such period shall be extended for an additional, reasonable period if Tenant has submitted any false report required diligently commenced the curing of such default and is diligently pursuing the same to be furnished hereunder; completion, but in no event shall either the thirty (d30) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center day period or any other tenant’s space; (e) the bankruptcy or insolvency extension thereof apply to Tenant's covenant to operate pursuant to Section 7.02 of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, or Xxxxxx’s assignment for the benefit of creditors; (f) if Tenant abandons or vacates or does not do business in the Premises; (g) this Lease or Tenant’s interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; (h) the Premises come into the hands of any person other than expressly permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant under any other lease with Landlord or any affiliate of Landlord. In any such event, and without grace period, demand or notice (unless the same being hereby waived by Tenantis excused pursuant to Section 17.01 or Article XVIII of this Lease), ; then Landlord, in addition to all besides other rights or remedies it may have, shall have the right thereupon to declare this Lease terminated and the term ended (in which event, this Lease and the term hereof shall expire, cease and terminate with the same force and effect as though the date set forth in any required notice were the date originally set forth herein and fixed for the expiration of the term and Tenant shall vacate and surrender the premises but shall remain liable for all obligations arising during the balance of the original stated term as hereafter provided as if this Lease had remained in full force and effect) and Landlord shall have the right to bring a special proceeding to recover possession from Tenant holding over and/or Landlord may, in any of such events, without notice, re-enter the leased premises either by force or at any time thereafter otherwise, and dispossess, by summary proceedings or otherwise, Tenant and the legal representative of Tenant or other occupant of the leased premises and remove their effects and hold the premises as if this Lease had not been made, and Tenant hereby waives the service of notice of intention to re-enter or to institute legal proceedings to that end. Notwithstanding the foregoing, if Tenant has closed its business for repairs or alterations, and landlord believes that such closure violates the continuous operation provisions of Section 7.02, then Landlord shall not have the right to terminate this Lease by giving or exercise its re-entry rights unless Landlord shall first provide at least twenty-four (24) hours written notice to Tenant stating of such violation and opportunity for Tenant to cure during such 24-hour period." (b) In addition to the date upon which remedies set forth herein for such termination shall be effectivefailure by Tenant, and Landlord shall have the right, either before or after any further remedy of erecting a barricade at the storefront of the leased premises at such termination, to re-enter and take time as possession of the Premisesleased premises is deemed vested in Landlord, which barricade may be erected, at Tenant's expense, and without notice to Tenant or resort to legal process, and without Landlord in any manner becoming liable for an; loss or damage which may be occasioned thereby. Notwithstanding the foregoing provisions of this Section, in the event Tenant shall fail to perform or shall default in the performance of any term, covenant or condition of this Lease on three (3) or more separate occasions during any twelve-month period, then, even though such failures or defaults may have been cured by Tenant, any further failure or default by Tenant during the following twelve (12) month period shall be deemed a default without the ability for cure by Tenant. During the continuance of any failure of performance or any default by Tenant in the performance of any term, covenant or condition of this Lease, Tenant shall not be entitled to exercise any rights or options, or to receive any funds or proceeds being held under or pursuant to this Lease, notwithstanding any contrary provisions contained herein. In the event of re-entry by Landlord, Landlord may remove all persons and property from the Premises, store leased premises and such property may be stored in a public warehouse or elsewhere at Tenant’s expensethe cost of, and sell such property if necessary for the account of Tenant, without notice or resort to satisfy legal process and without Landlord being deemed guilty of trespass, or becoming liable for any deficiency loss or damage which may be occasioned thereby. In addition, and to the extent permitted by law, in payments the event of re-entry by Xxxxxx as Landlord, Landlord may, but shall not be required hereunderto, all padlock or otherwise secure the entrances to the leased premises without prior notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein damage; all costs and expenses incurred by Landlord in securing the entrances to the leased premises shall be construed borne by Tenant and shall be payable to require Landlord on ten (10) days' written notice; and any such padlocking or securing of the premises shall not constitute or be deemed as an election on Landlord's part to terminate this Lease unless a written notice of such intention shall be given to Tenant or unless the termination of this Lease is decreed by a court of competent jurisdiction. In the event Tenant shall not remove its property from the leased premises within ten (10) days after Tenant has vacated the premises, then such property shall be deemed abandoned by Tenant and Landlord may dispose of the same without liability to Tenant. To the extent that this Lease specifically provides for any abatement of rent otherwise payable by Tenant under this Lease, or any payment by Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein containedTenant, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein requiredsuch abatement shall not be effective, and commits nor shall such defaults within twelve (12) months thereafter, no notice shall thereafter payment be required to be given made, if Tenant shall be in default hereunder, and in the event Landlord shall elect to exercise its remedies as set forth in Section 19.02 of this Lease, then Tenant shall be obligated to immediately repay to Landlord the amount of any rent previously abated or the amount of any payment previously made by Xxxxxxxx Landlord to Tenant hereunder, notwithstanding anything contained in this Lease to the contrary. Section 19.01: In the event that this Lease is terminated as a result of ------------- Tenant's default prior to or precedent expiration of the stated lease term, then, in addition to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all rights and remedies which are available to Landlord, to compensate Landlord for certain costs and expenses which the parties agree are difficult to identify in total, Tenant shall owe Landlord, as additional rent, the sum of Five Hundred Thousand and 00/100ths Dollars ($500,000.00) provided such Five Hundred Thousand and 00/100ths Dollars ($500,000.00) figure shall be reduced by Fifty Thousand and 00/100ths Dollars ($50,000.00) on each anniversary of the commencement date of the lease term.

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: In the event (a1) any failure of Tenant Lessee fails to pay any rent when due, which failure has not been cured within ten (10) business days after receipt by Lessee of written notice of such failure from Lessor, or other amount when due hereunder; (b2) Lessee fails to pay any taxes, insurance premiums, and utilities as herein required, which failure has not been cured within ten (10) business days after receipt by Lessee of written notice of such failure from Lessor, or (3) of any failure by Xxxxxx Lessee to perform or observe any other of the other terms, provisions, conditions and or covenants of this Lease to be observed or performed by Lessee for more than ten thirty (1030) days after written notice of such failure; default shall have been given to Lessee (cprovided that if the nature of such default is such that it cannot reasonably be cured within a thirty (30) a determination by Landlord that Tenant has submitted day period, then Lessee shall not be in default so long as Lessee commences the cure of such failure within such thirty (30) day period and is diligently prosecuting such cure to completion), or (4) if Lessee shall become bankrupt or insolvent, or file any false report required debtor proceedings or take or have taken against Lessee in any court pursuant to be furnished hereunder; (d) anything done by Tenant upon any statute either of the United States or in connection with the Premises or the construction of any part thereof which directly or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant’s space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of State a petition in bankruptcy or insolvency or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s Lessee's property, or Xxxxxx’s (5) if Lessee makes an assignment for the benefit of creditors; , or if Lessee shall abandon the Leased Premises, or (f6) if Tenant abandons or vacates or does not do business in the Premises; (g) Lessee allows this Lease or Tenant’s interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; (h) the Premises come into the hands of any person other than expressly permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant to be taken under any other lease with Landlord or any affiliate writ of Landlord. In any such eventexecution, and without grace period, demand or notice (the same being hereby waived by Tenant), Landlordthen Lessor, in addition to all other rights or remedies it may havehave by law or in equity, shall have have: (a) the right thereupon or at any time thereafter to terminate this treat said Lease by giving notice to Tenant stating granted herein as terminated; and/or (b) the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, right to re-enter the Leased Premises and take possession of the Premises, remove all persons and property from form said Leases Premises; and/or (c) the Premisesright to remove and store all such personal property of Lessee in a public warehouse, store such property or elsewhere, at Tenant’s expensethe cost of, and sell such property if necessary to satisfy any deficiency in payments by Xxxxxx as required hereunder, all without notice or resort to legal process and without being deemed guilty for the account of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to LandlordLessee.

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) any failure of Tenant to pay any rent or other amount when due hereunder; WITHIN TEN (10) DAYS AFTER NOTICE THAT SAME IS OVERDUE [CONFIDENTIAL] (b) any failure by Xxxxxx Tenant to perform or observe any other of the terms, provisions, conditions and covenants of this Lease for more than ten THIRTY (1030) days after written notice of such failure; (c) a determination by Landlord that Tenant has submitted any false report required to be furnished hereunder; (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly or indirectly [CONFIDENTIAL] interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant’s 's space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s 's property, or Xxxxxx’s Tenant's assignment for the benefit of creditors; (f) if Tenant abandons abandoning or vacates vacating or does not failing to do business in the Premises; Premises or (g) this Lease or Tenant’s 's interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; or (h) the Premises come into the hands of any person other than expressly permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant under any other lease with Landlord or any affiliate of Landlord. In any such event, and without FURTHER grace period, demand or notice (the same being hereby waived by Tenant), Landlord, in addition to all other rights or remedies it may have, shall have the right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to re-enter and take possession of the Premises, remove all persons and property from the Premises, store such property at Tenant’s 's expense, and sell such property if necessary to satisfy any deficiency in payments by Xxxxxx Tenant as required hereunder, all without FURTHER notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.3.4

Right to Re-enter. The (a) Notwithstanding any provision herein to the contrary and irrespective of whether all or any rights conferred upon Landlord by this Article XIX are expressly or by implication conferred upon Landlord elsewhere in this Lease, Tenant shall be in default under this Lease in the event that any of the following shall be considered for all purposes to be defaults under and breaches of this Leaseoccur: (a1) any failure of Tenant to pay any rent or installments thereof, or any other amount charges or sums whatsoever due hereunder (including, without limitation, amounts due as reimbursement to Landlord for costs incurred by Landlord in performing obligations of Tenant hereunder upon Tenant’s failure so to perform) when due hereunderdue; or (b2) any failure by Xxxxxx Tenant to move into the Leased Premises and to open for business on the commencement date of the term hereof, or to continuously operate in the manner and during the hours established by Landlord pursuant to Section 7.02 hereof or for the purpose specified in the Data Sheet, or to operate under the name specified in Section 16.01 hereof; or (3) any abandonment by Tenant of the Leased Premises, or Tenant’s permitting this Lease to be taken under any writ of execution or similar writ or order, or if there shall be any default by Tenant (or by any person or entity which, directly or indirectly, controls, is controlled by, or is under common control with Tenant) under any other lease with Landlord ( or with any person or entity which is affiliated with Landlord or which, directly or indirectly, controls, is controlled by, or is under common control with Landlord, or which is managed by the managing agent utilized by Landlord for the Shopping Center) which shall not be remedied within the applicable grace period, if any, provided therefor under such other lease, or if there shall be any default by Tenant or any entity affiliated with Tenant with respect to any financing instrument or arrangement, if any, relating to any items used in, or the operation of business upon, the Leased Premises; or (4) any default or failure by Tenant to perform or observe any other of the terms, provisions, conditions and or covenants of this Lease to be observed or performed by Tenant for more than ten thirty (1030) days after written notice from Landlord to Tenant of such failure; default (cunless such default cannot be cured within thirty (30) a determination by days and Tenant shall have promptly commenced to cure said default within said thirty (30) days and shall cure the same with all reasonable dispatch), which thirty-day notice shall be in lieu of, and not in addition to, any termination notice which may be required under applicable statutory or regulatory provisions (and no further notice shall be required, should Landlord that Tenant has submitted any false report required elect to be furnished hereunder; (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant’s space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, or Xxxxxx’s assignment for the benefit of creditors; (f) if Tenant abandons or vacates or does not do business in the Premises; (g) terminate this Lease or Tenant’s interest herein or as set forth below). If Tenant shall be in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; (h) the Premises come into the hands of any person other than expressly permitted default under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant under any other lease with Landlord or any affiliate of Landlord. In any such event, and without grace period, demand or notice (the same being hereby waived by Tenant), Landlord, in addition to all other rights or remedies it may havehave under this Lease or by law, shall have the right thereupon to immediately terminate this Lease and Xxxxxx’s right to possession of the Leased Premises either [x] as of the expiration of the period set forth in clause (4) above, or [y] upon the date of the notice if Landlord shall give Tenant written notice that this Lease is terminated (with respect to default under clauses (1), (2) or (3) above, or to the extent that a termination notice shall be required by law or desired by Landlord). Upon such termination, Landlord shall have the right to recover from Tenant the sum of: (A) the worth at the time of award of the unpaid rent which had been earned at the time of termination; (B) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rent loss that Tenant affirmatively proves could have been reasonably avoided; (C) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rent loss that Tenant affirmatively proves could be reasonably avoided; (D) any other amount necessary to compensate Landlord for all the detriment proximately caused by Xxxxxx’s failure to perform Tenant’s obligations under this Lease or which in the ordinary course of things would be likely to result therefrom; and (E) all such other amounts in addition to or in lieu of the foregoing as may be permitted from time thereafter to time under applicable law. D4 COMMON AREA CHARGE No re-entry or taking possession of the Leased Premises by Landlord shall be construed as an election on its part to terminate this Lease by giving unless a written notice of such intention is given to Tenant stating or unless the termination thereof is decreed by a court of competent jurisdiction. Should Landlord at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises and reasonable attorneys’ fees, all of which amounts shall be immediately due and payable from Tenant to Landlord. The failure or refusal of Landlord to relet the Leased Premises shall not affect Tenant’s liability. The terms “entry” and “re-entry” are not limited to their technical meanings. If Tenant shall default hereunder prior to the date upon which fixed as the commencement of any renewal or extension of this Lease, Landlord may cancel and terminate such termination renewal or extension agreement by written notice. For the purpose of clauses (A) and (B) of this Section 19.01, “worth at the time of award” shall be effectivecomputed by allowing interest at the highest contract rate permissible under California law. For all purposes under this Section 19.01, the rent reserved in this Lease shall be deemed to be (i) a monthly rent arrived at by adding to the monthly minimum rent under this Lease an amount equal to the monthly average of all the percentage rent based on Gross Sales received by or payable to Landlord hereunder during the period that Xxxxxx was conducting Xxxxxx’s business in the Leased Premises in the manner and shall have to the right, either before or after any such termination, to reextent in this Lease required of Tenant; plus (ii) one-enter and take possession twelfth (1/12th) of the Premises, remove all persons and property from the Premises, store annual average of any other payments (such property at as Tenant’s share of Common Area expense, and sell such property if necessary to satisfy any deficiency in payments ) paid or payable by Xxxxxx as required Tenant hereunder, all without notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein contained in this Lease shall be construed to require limit or prejudice the right of Landlord to give prove for and obtain as damages by reason of the termination of this Lease or re-entry of the Leased Premises for the default of Tenant under this Lease an amount equal to the maximum allowed by any notice before exercising statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved, whether or not such amount shall be greater than any of its rights and remedies provided for the sums referred to in this Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord19.01.

Right to Re-enter. The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) In the event of (1) any failure of Tenant to pay any rent or other amount charges due hereunder when due hereunder; due, or (b2) if Tenant shall fail to move into the Leased Premises and to commence the conduct of its business on the date specified in Section 1.02 hereof, or fail to perform any obligation hereunder prior to such commencement date, or fail to continuously operate its business pursuant to Section 7.02 for the purpose specified in Section 7.01 hereof, or fail to operate under the name specified in Section 16.01 hereof, or if Tenant shall abandon said Leased Premises, or permit this Lease to be taken under any writ of execution, or if there shall be any default by Tenant (or by any person or entity which, directly or indirectly, controls, is controlled by, or is under common control with Tenant) under any other lease with Landlord (or with any person or entity which is affiliated with Landlord or which, directly or indirectly, controls, is controlled by, or is under common control with Landlord, or which is managed by the managing agent utilized by Landlord for the Shopping Center) which shall not be remedied within the applicable grace period, if any, provided therefor under such other lease, or if there shall be any default by Tenant or any entity affiliated with Tenant with respect to any financing instrument or arrangement, if any, relating to any items used in, or the operation of business upon, the Leased Premises, or (3) any failure by Xxxxxx to perform or observe any other of the terms, provisions, conditions and or covenants of this Lease to be observed or performed by Tenant for more than ten thirty (1030) days after written notice of such failure; (c) a determination by Landlord that Tenant has submitted any false report required default shall have been mailed to be furnished hereunder; (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant’s space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, or Xxxxxx’s assignment for the benefit of creditors; (f) if Tenant abandons or vacates or does not do business in the Premises; (g) this Lease or Tenant’s interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; (h) the Premises come into the hands of any person other than expressly permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant under any other lease with Landlord or any affiliate of Landlord. In any such event, and without grace period, demand or notice (the same being hereby waived by Tenant), then Landlord, in addition to all besides other rights or remedies it may have, shall have the right thereupon or at any time thereafter to terminate declare this Lease by giving notice to Tenant stating terminated and the term ended (in which event, this Lease and the term hereof shall expire, cease and terminate with the same force and effect as though the date upon which such termination set forth in any required notice were the date originally set forth herein and fixed for the expiration of the term and Tenant shall be effective, vacate and surrender the Leased Premises but shall remain liable for all obligations arising during the balance of the original stated term as hereafter provided as if this Lease had remained in full force and effect) and Landlord shall have the rightright to bring a special proceeding to recover possession from Tenant holding over and/or Landlord may, in any of such events, without notice, re-enter the Leased Premises either before by force or after any such terminationotherwise, and dispossess, by summary proceedings or otherwise, Tenant and the legal representative of Tenant or other occupant of the Leased Premises and remove their effects and hold the Leased Premises as if this Lease had not been made, and Tenant hereby waives the service of notice of intention to re-enter and take or to institute legal proceedings to that end. (b) In addition to the remedies set forth herein for such failure by Xxxxxx, Landlord shall have the further remedy of erecting a barricade at the storefront of the Leased Premises at such time as possession of the PremisesLeased Premises is deemed vested in Landlord, which barricade may be erected, at Tenant’s expense, and without notice to Tenant or resort to legal process, and without Landlord in any manner becoming liable for any loss or damage which may be occasioned thereby. Notwithstanding the foregoing provisions of this Section, in the event Tenant shall fail to perform or shall default in the performance of any term, covenant or condition of this Lease on two (2)four (4) or more separate occasions during any twelve-month period, then, even though such failures or defaults may have been cured by Tenant, any further failure or default by Tenant during the term of this Lease shall be deemed a default without the ability for cure by Tenant. Further if any failure or performance of any non-monetary default cannot be completed if commenced within the provided thirty (30) days and if Tenant shall be diligently in good faith using all proper and professional best efforts to cure such default, then Tenant shall be afforded reasonable additional time for diligent completion of cure, not to exceed sixty (60) days. During the continuance of any failure of performance or any default by Tenant in the performance of any term, covenant or condition of this Lease, Tenant shall not be entitled to exercise any rights or options, or to receive any funds or proceeds being held under or pursuant to this Lease, notwithstanding any contrary provisions contained herein. In the event of re-entry by Landlord, Landlord may remove all persons and property from the Premises, store Leased Premises and such property may be stored in a public warehouse or elsewhere at Tenant’s expensethe cost of, and sell such property if necessary for the account of Tenant, without notice or resort to satisfy legal process and without Landlord being deemed guilty of trespass, or becoming liable for any deficiency loss or damage which may be occasioned thereby. In addition, and to the extent permitted by law, in payments the event of re-entry by Xxxxxx as Landlord, Landlord may, but shall not be required hereunderto, all padlock or otherwise secure the entrances to the Leased Premises without prior notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein damage; all costs and expenses incurred by Landlord in securing the entrances to the Leased Premises shall be construed borne b Tenant and sha l be payable to require Landlord on ten (10)thirty (30) days’ written notice; and any uch pad ocking or securing of the Leased Premises shall not constitute or be deemed as an election on Landlord’s part to terminate this Lease unless a written notice of such intention shall be given to Tenant or unless the termination of this Lease is decreed by a court of competent jurisdiction. In the event Tenant shall not remove its property from the Leased Premises within ten (10)thirty (30) days after Tenant has vacated the Leased Premises, then such property shall be deemed abandoned by Tenant and Landlord may dispose of the same without liability to Tenant. At any time that Xxxxxx has failed to pay rent or other charges within ten (10)thirty (30) days after the same shall be due, thereafter Landlord shall not be obligated to accept any payment from Tenant unless such payment is made in certified funds. To the extent that this Lease specifically provides for any abatement of rent otherwise payable by Tenant under this Lease, or any payment by Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein containedTenant, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein requiredsuch abatement shall not be effective, and commits nor shall such defaults within twelve (12) months thereafter, no notice shall thereafter payment be required to be given made, if Tenant shall have failed to observe or perform any of Tenant’s obligations hereunder or if Tenant shall otherwise be in default hereunder, and Tenant shall be obligated to immediately repay to Landlord the amount of any rent previously abated or the amount of any payment previously made by Xxxxxxxx as Landlord to or precedent Tenant hereunder, notwithstanding anything contained in this Lease to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.contrary. S26 COMMON AREA CHARGE

Right to Re-enter. The following shall be considered for all purposes to be defaults under If and breaches of this Lease: whenever: (ai) any failure of the Tenant fails to pay any rent Rent or other amount when sums due hereunderhereunder on the day or dates appointed for the payment thereof (provided the Landlord first gives five (5) days' written notice to the Tenant of any such failure); or (bii) any failure by Xxxxxx the Tenant fails to observe or perform or observe any other of the terms, provisions, covenants or conditions and covenants of this Lease to be observed or performed by the Tenant (other than the terms, covenants or conditions set out below in Sub-paragraphs (iii) to (xii) inclusive, for more than which no notice shall be required) provided the Landlord first gives the Tenant ten (10) days, or such shorter period of time as is otherwise provided herein, written notice of any such failure to perform, and the Tenant within such period of ten (10) days after written notice fails to commence diligently and thereafter to proceed diligently to cure any such failure to perform; or (iii) the Tenant or any agent of such failure; (c) a determination by Landlord that the Tenant has submitted falsifies any false report required to be furnished hereunderto the Landlord pursuant to this Lease; or (div) anything done by the Tenant upon or in connection with any indemnifier of this Lease or any person occupying the Leased Premises or the construction of any part thereof which directly becomes bankrupt or indirectly interferes in any way with, insolvent or results in a work stoppage in connection with, construction takes benefit of any part act now or hereinafter in force for bankrupt or insolvent debtors or files any proposal or makes any assignment for the benefit of the Center creditors or any other tenant’s space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of compromise; or (v) a receiver or trustee of a receiver and manager is appointed for all or a portion of the Tenant’s 's property at any such indemnifier's or occupant's property; or (vi) any steps taken or any action or proceedings are instituted by the Tenant or by any other party including, without limitation, any court or Xxxxxx’s assignment governmental body of competent jurisdiction for the benefit dissolution, winding-up or liquidation of creditorsthe Tenant or its assets; or (fvii) if the Tenant makes a sale in bulk of any of its assets, wherever situated (other than a bulk sale made to an assignee or sublessee pursuant to a permitted assignment or subletting hereunder); or (viii) the Tenant abandons or vacates attempts to abandon the Leased Premises, or does sells or disposes of the goods and chattels of the Tenant or removes them from the Leased Premises so that there would not do business in the Premisesevent of such sale or disposal be sufficient goods of the Tenant on the Leased Premises subject to distress to satisfy all Rent due or accruing hereunder for a period of at least twelve (12) months; or (gix) the Leased Premises become and remain vacant for a period of five (5) consecutive days or are used by any persons other than such as are entitled to use them hereunder; or (x) the Tenant assigns, transfers, encumbers, sublets or permits the occupation or use or the parting with or sharing possession of all or any part of the Leased Premises by anyone except in a manner permitted by this Lease; or (xi) this Lease or any of the Tenant’s interest herein or in the Premises or 's assets are taken under any improvements thereon or any property writ of Tenant are executed upon or attachedexecution; or (hxii) the Premises come into the hands of any person other than expressly re-entry is permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant under any other lease with Landlord or any affiliate terms of Landlord. In any this Lease, then and in every such event, and without grace period, demand or notice (case the same being hereby waived by Tenant), Landlord, in addition to all any other rights or remedies it may have, shall have the right thereupon or at any time thereafter has pursuant to terminate this Lease or by giving notice to Tenant stating law, has the date immediate right of re-entry upon which such termination shall be effectivethe Leased Premises and it may repossess the Leased Premises and enjoy them as of its former estate, and shall have the right, either before or after any such termination, to re-enter and take possession of the Premises, remove it may expel all persons and remove all property from the Leased Premises, store and such property may be removed and sold or disposed of by the Landlord as it deems advisable or may be stored in a public warehouse or elsewhere at the cost and for the account of the Tenant’s expense, and sell such property if necessary to satisfy any deficiency in payments by Xxxxxx as required hereunder, all without service or notice or resort to legal process and without the Landlord being deemed considered guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.

Right to Re-enter. The following shall be considered for all purposes Notwithstanding anything contained in any present or future laws to be defaults under the contrary, if and breaches of this Lease: whenever: (a) any failure of the Tenant fails to pay any rent Rent or other amount when sums due hereunderhereunder on the day or dates appointed for the payment thereof, (provided the Landlord first gives two (2) days' written notice to the Tenant of any such failure); or (b) any failure by Xxxxxx the Tenant fails to observe or perform or observe any other of the terms, provisions, covenants or conditions and covenants of this Lease to be observed or performed by the Tenant (other than the terms, covenants or conditions set out below in subparagraphs (c) to (l), inclusive, for more than which no notice shall be required) provided the Landlord first gives the Tenant ten (10) days, or such shorter period of time as is otherwise provided herein, written notice of any such failure to perform and the Tenant within such period of ten (10) days after written notice of fails to commence diligently and thereafter to proceed diligently and continuously to cure any such failurefailure to perform; or (c) a determination by Landlord that the Tenant has submitted or any false report required to be furnished hereunderIndemnitor of this Lease or any Person occupying the Premises or any part thereof or any licensee, concessionaire or franchisee operating business in the Premises becomes bankrupt or insolvent or takes benefit of any act now or hereafter in force for bankrupt or insolvent debtors or files any proposal or makes any assignment for the benefit of creditors or any arrangement or compromise; or (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant’s space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment receiver of a receiver or trustee of and manager is appointed for all or a portion of the Tenant’s 's property or any such Indemnitor's, occupant's, licensee's, concessionaire's or franchisee's property; or (e) any steps are taken or any action or proceedings are instituted by the Tenant or by any other party including, without limitation, any court or Xxxxxx’s assignment governmental body of competent jurisdiction for the benefit dissolution, winding-up or liquidation of creditorsthe Tenant or its assets; or (f) if the Tenant makes or attempts to make a sale in bulk of any of its assets, wherever situated (other than a bulk sale made to a Transferee permitted under this Lease); or (g) the Tenant sells or disposes of the goods, trade fixtures, equipment or chattels of the Tenant or removes or commences, attempts or threatens to remove them from the Premises so that in the Landlord's opinion there would not in the event of such sale, disposal or removal be sufficient goods of the Tenant on the Premises subject to distress to satisfy all Rent due or accruing hereunder for a period of at least twelve (12) months; or (h) the Tenant abandons or vacates or does not do business in the Premises; (g) this Lease or Tenant’s interest herein or in attempts to abandon the Premises or any improvements thereon part thereof, or the Landlord has reasonable cause to believe that the Tenant intends to abandon or attempt to abandon the Premises or any property of Tenant are executed upon or attachedpart thereof; or (hi) the Premises come into or any part thereof become and remain vacant or unoccupied for a period of five (5) consecutive days or more without the hands prior written consent of the Landlord, or are used by any person Persons other than expressly permitted under this Leasesuch as are entitled to use them; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant under any other lease with Landlord or any affiliate of Landlord. In any such event, and without grace period, demand or notice (the same being hereby waived by Tenant), Landlord, in addition to all other rights or remedies it may have, shall have the right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to re-enter and take possession of the Premises, remove all persons and property from the Premises, store such property at Tenant’s expense, and sell such property if necessary to satisfy any deficiency in payments by Xxxxxx as required hereunder, all without notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein shall be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord.or

Right to Re-enter. The following shall be considered for all purposes to be defaults under If and breaches of this Lease: whenever: (ai) any failure of the Tenant fails to pay any rent Rent on the day or other amount when due hereunderdates appointed for payment and such default shall continue for a period of five (5) consecutive days; or (bii) any failure by Xxxxxx the Tenant fails to observe or perform or observe any other of the terms, provisions, covenants or conditions and covenants of this Lease to be observed or performed by the Tenant (other than the terms, covenants or conditions set out below in subparagraph (iii) for more than which no notice shall be required), provided the Landlord first gives the Tenant ten (10) days after days' written notice of the Tenant's failure, or such shorter period of time as is otherwise provided in this Lease, and the Tenant within the ten (10) day or shorter period fails to commence diligently and thereafter to proceed diligently to cure its failure; or (ciii) a determination by Landlord that the Tenant has submitted or any false report required to be furnished hereunder; (d) anything done by Tenant upon Indemnifier becomes bankrupt or in connection with insolvent or takes the Premises or the construction benefit of any part thereof which directly act now or indirectly interferes hereafter in force for bankrupt or insolvent debtors or files any way with, proposal or results in a work stoppage in connection with, construction makes any assignment for the benefit of any part of the Center creditors or any other tenant’s space; (e) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of compromise; a receiver or trustee of a receiver-manager is appointed for all or a portion of the Tenant’s 's property; any steps are taken or any action or proceedings are instituted by the Tenant or by any other party to dissolve, wind-up or liquidate the Tenant or its assets; the Tenant abandons the Leased Premises, or Xxxxxx’s assignment for sells or disposes of the benefit trade fixtures, goods or chattels of creditors; (f) if the Tenant abandons or vacates or does removes them from the Leased Premises so that there would not do business in the Premisesevent of such sale or disposal be sufficient trade fixtures, goods or chattels of the Tenant on the Leased Premises subject to distress to satisfy all Rent due or accruing hereunder for a period of at least three (3) months; the Leased Premises become and remain vacant for a period of five (g5) consecutive days; the Tenant effects or permits a Transfer without the Landlord's consent where required; this Lease or any of the Tenant’s interest herein or in the Premises or 's assets are taken under any improvements thereon or any property writ of Tenant are executed upon or attached; (h) the Premises come into the hands of any person other than expressly permitted under this Lease; (i) any claim or lien is asserted or recorded against the interest of Landlord in the Premises or Center, or any portion thereof, on the account of, or extending from any improvement or work done by or at the instance, or for the benefit of Tenant, or any person claiming by, through or under Tenant or from any improvement or work the cost of which is the responsibility of Tenantexecution; or (j) the default by Tenant or any affiliate of Tenant re-entry is permitted under any other lease with Landlord or any affiliate terms of Landlordthis Lease. In any such event, and without grace period, demand or notice (20 then the same being hereby waived by Tenant), Landlord, in addition to all any other rights or remedies do it, has the immediate right of re-entry upon the Leased Premises and it may have, shall have repossess the right thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, Leased Premises and shall have the right, either before or after any such termination, to re-enter enjoy them as of its former estate and take possession of the Premises, may expel all Persons and remove all persons and property from the Premises, store Leased Premises and such property may be removed and sold or disposed of by the Landlord as it deems advisable or may be stored in a public warehouse or elsewhere at the cost and for the account of the Tenant’s expense, and sell such property if necessary to satisfy any deficiency in payments by Xxxxxx as required hereunder, all without service of notice or resort to legal process and without the Landlord being deemed considered guilty of trespass or becoming liable for any loss or damage occasioned thereby. Nothing herein shall which may be construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for or precedent to which or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlordoccasioned.