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 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 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 or to satisfy any deficiency in payments by Xxxxxx as required hereunder, all without notice or resort institute legal proceedings 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 Landlordthat end.

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 In the event of this Lease: (a) any failure of Tenant to pay any rent rental due hereunder within five (5) 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 or Guarantor for more than ten thirty (1030) days after written notice of such failure; (c) a determination by Landlord that default shall have been mailed to Tenant, or if Tenant has submitted or Guarantor shall become bankrupt or insolvent, or file any false report required debtor proceedings, or take or have taken against Tenant or Guarantor in any Court pursuant to be furnished hereunder; (d) anything done by Tenant upon or in connection with any statute either of the Premises or the construction United States of any part thereof which directly or indirectly interferes in any way withState, 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 insolvency or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s 's or Guarantor's property, or Xxxxxx’s if Tenant or Guarantor makes an assignment for the benefit of creditors; (f) , or petitions for or enters into an arrangement, or if Tenant abandons or vacates Guarantor shall abandon said premises, 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 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), then Landlord, in addition to all besides other rights or and remedies it may have, shall have the right thereupon or at any time thereafter to terminate this Lease of reentry provided by giving Florida law which provides for notice to Tenant stating the date upon which such termination shall be effectiveand a judicial hearing. After notice and a final judgment, and shall have the right, either before or after any such termination, to re-enter and take possession of the Premises, Landlord may remove all persons and property from the Premises, store leased 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, and all without notice or resort liability to legal process and without being deemed guilty of trespass or becoming liable Landlord for any loss or damage which may be occasioned thereby. Nothing Should Landlord elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease make such alterations and repairs as may be necessary in order to relet the premises, and relet said premises or any part thereof for such term or terms which may be for a term extending beyond the term of this Lease) and at such rental or rentals and upon such other terms and conditions of Landlord in its sole discretion may doom advisable; upon each such reletting all rentals received by Landlord from such relening shall be applied, first to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees and attorney's fees and of cost of such alterations and repairs; third, to the payment of rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rentals received from such reletting during any month be less than that to be paid during that month by Tenant hereunder Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. If such rentals received from such reletting during any month be more than that to be paid during that month by Tenant hereunder, then such excess shall not benefit Tenant by reducing the amount of any of Tenant's obligations due Landlord. Any amounts obtained by reletting shall be for the sole benefit of Landlord. No such re-entry or taking possession of said premises by Landlord shall be construed as an election on its part to require terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. 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, reasonable attorney's fees, and including the worth at the time of such termination of the excess, it any, of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of the stated term over the amount, if any, actually received by Landlord from the reletting of the leased premises, all of which amount shall be immediately due and payable from Tenant to Landlord. (n determining the rent which would be payable by Tenant hereunder, subsequent to default, the annual rent for each year of the unexpired term shall be equal to the average annual minimum rent paid by Tenant from the commencement of the term to the time of default, or during the proceeding three full calendar years, whichever period is shorter. Whether or not forfeiture has been declared, Landlord will not be obligated or responsible, in any way, for failure to release the Premises or, in the event that the Premises are released, for failure to collect the rent under such re leasing. The failure of Landlord to give re-lease all or any notice before exercising any part of its rights and remedies provided the Premises will not release or affect Tenant's liability for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for rent 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.damages,

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  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 (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 or at any time thereafter to immediately terminate this Lease by giving notice and Xxxxxx’s right to Tenant stating 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 upon which such 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 effectiverequired by law or desired by Landlord). Upon such termination, and Landlord shall have the right, either before or after any such termination, right to re-enter and take possession of recover from Tenant 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.sum of:

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 to pay any rent rental due hereunder within five (5) 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 or Guarantor for more than ten thirty (1030) days after written notice of such failure; (c) a determination by Landlord that default shall have been mailed to Tenant, or if Tenant has submitted or Guarantor shall become bankrupt or insolvent, or file any false report required debtor proceedings, or take or have taken against Tenant or Guarantor in any Court pursuant to be furnished hereunder; (d) anything done by Tenant upon or in connection with any statute either of the Premises or the construction United States of any part thereof which directly or indirectly interferes in any way withState, 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 insolvency or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s 's or Guarantor's property, or Xxxxxx’s if Tenant or Guarantor makes an assignment for the benefit of creditors; (f) , or petitions for or enters into an arrangement, or if Tenant abandons or vacates Guarantor shall abandon said premises, 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 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), then Landlord, in addition to all besides other rights or and remedies it may have, . shall have the right thereupon or at any time thereafter to terminate this Lease of reentry provided by giving Florida law which provides for notice to Tenant stating the date upon which such termination shall be effectiveand a judicial hearing. After notice and a final judgment, and shall have the right, either before or after any such termination, to re-enter and take possession of the Premises, Landlord may remove all persons and property from the Premises, store leased 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, and all without notice or resort liability to legal process and without being deemed guilty of trespass or becoming liable Landlord for any loss or damage which may be occasioned thereby. Nothing Should Landlord elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease make such alterations and repairs as may be necessary in order to relet the premises, and relet said premises or any part thereof for such term or terms (which may be for a term extending beyond the term of this Lease) and at such rental or rentals and upon such other term and condition as Landlord in its sole discretion may deem advisable; upon each such reletting all rentals received by Landlord from such reletting shall be applied, first, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any costs and expenses of such retelling, including brokerage fees and attorney's fees and of cost of such alterations and repairs; third, to the payment of rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rentals received from such retailing during any month be lose than that to be paid during that month by Tenant hereunder Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. If such rentals received from such retelling during any month be more then that to be paid during that month by Tenant hereunder, then such excess shall not benefit Tenant by reducing the amount of any of Tenant's obligations due Landlord. Any amounts obtained by reletting shall ho for the sole benefit of Landlord. No such re-entry or taking possession of said premises by Landlord shall be construed as an election on its part to require terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. 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, reasonable attorney's fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of the stated term over the amount, if any, actually received by Landlord from the reletting of the leased premises, all of which amount shall be immediately due and payable from Tenant to Landlord. In determining the rent which would be payable by Tenant hereunder, subsequent to default, the annual rent for each year at the unexpired term shall be equal to the average annual minimum rent paid by Tenant from the commencement of the term to the time of default, or during the proceeding three full calendar years, whichever period is shorter. Whether or not forfeiture has been declared, Landlord will not be obligated or responsible, in any way, for failure to release the Premises or, in the event that the Premises are released, for failure to collect the rent under such releasing. The failure of Landlord to give re-lease all or any notice before exercising any part of its rights and remedies provided the Premises will not release or affect Tenant's liability for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein contained, if Xxxxxx commits any default hereunder for rent 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 Landlorddamages.

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 possession of the Premises, remove all persons and property from the Premises, store such property or to institute legal proceedings to that end. Impossible Kicks /The Mall 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.Green Hills/03/21/23 S24 COMMON AREA CHARGE

Right to Re-enter. The following If and whenever all or part of the Minimum Rent or any other amounts payable by the Tenant under this Lease are not paid on the day appointed for payment, whether demand for payment has been made or not, or if the Tenant shall be considered for all purposes fail to comply with any of the covenants hereunder after the Landlord has given notice to the Tenant in writing stating the default with reasonably sufficient particulars and requiring it to be defaults under remedied and breaches of this Lease: (a) any failure of such default has not been remedied by the 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 within ten (10) days after written notice receipt of such failure; (c) a determination by Landlord that notice, or such longer period as may be reasonably necessary in view of the nature of the default, or if the Tenant has submitted shall falsify any false report required to be furnished hereunder; (d) anything done by to the Landlord pursuant to the terms of this Lease or if the Tenant upon or in connection with the Premises any Guarantor of this Lease shall become bankrupt or the construction of insolvent or file any part thereof which directly or indirectly interferes in any way withproposal, or results in if 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 Receiver is appointed of all or a portion of the Tenant’s 's property or any such Guarantor's property, or Xxxxxx’s assignment for if the benefit of creditors; (f) Tenant makes a sale in bulk, or if the Tenant abandons or vacates or does not do business in shall abandon the Premises; (g) , without the Tenant giving written notice of its intention to reoccupy the Premises within 90 days, or suffer this Lease or Tenant’s interest herein any of its assets to be taken under any writ of execution 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 Centerlike process, or if any portion thereof, on notice is filed under section 49 of the account ofPersonal Property Security Act in respect of the Premises, 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 if re-entry is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant 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 it may have, 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 Premises and such property may be removed and stored for the account of the Tenant or be sold by the Landlord (and at Tenant’s expensethe sole option of the Landlord, and sell such property if necessary by way of private sale to satisfy the Landlord or any deficiency in payments by Xxxxxx as required hereunder, third party) all without 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 therebythereby and to have again, repossess and enjoy the Premises as of its former estate whether the Landlord terminates this Lease or not, and notwithstanding the retaking of possession of the Premises by the Landlord, the Landlord specifically reserves all remedies and rights of action herein or at law or in equity provided. Nothing herein The Landlord or its duly authorized agent shall be construed entitled to require Landlord to give any notice before exercising any of its rights and remedies provided distrain for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein containedRent hereby reserved including accelerated rent, if Xxxxxx commits any, or for Dominion/Investors/Trillium Lease Xxxx & Company any default hereunder for or precedent money hereby made recoverable by distress upon the goods and chattels of the Tenant, wheresoever situate, and upon any premises to which the same may have been removed or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter wherever the same may be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as found. The Tenant hereby waives and renounces the same) before exercising benefit of any present or all remedies available to future legislation taking away or limiting the Landlord's right of distress.

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) any failure of Tenant shall fail to pay any rent or other amount when due hereunderdue; (b) any failure by Xxxxxx Tenant shall fail to perform or observe any other of the terms, provisions, conditions conditions, and covenants of this Lease for more than ten (10) days after written notice of such failure; (c) a determination by Landlord shall determine that Tenant has submitted any false report or made false statement required to be furnished hereunder; (d) anything done by Tenant upon shall become bankrupt or insolvent or reorganization or arrangement for the benefit of creditors or an order for relief is entered in connection with the Premises or the construction respect of any part thereof which directly or indirectly interferes in any way withTenant, or results in a work stoppage in connection withTenant shall generally not pay its debts, construction of any part of the Center or any other tenant’s spaceas such debts become due; (e) the bankruptcy Tenant shall abandon or insolvency of Tenant vacate 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 fail to do business in the Premises; Premises for ten (g10) continuous days, or (f) 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; (hg) the Premises come into the hands of any person other than such persons 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 upon default 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 each case 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 If rentals received from such reletting during any month are less than that to be paid during that month by Tenant hereunder, Tenant shall immediately pay any such deficiency to Landlord. No re-entry or taking possession of the Premises by Landlord shall be construed as an election to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.3 of terminate 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 unless Landlord gives a written notice is herein required, and commits of 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 Landlordtermination.

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 within 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 ten thirty (1030) days after written notice of such failure, excepting such defaults that cannot be cured completely within such thirty (30) day period providing Tenant, within said thirty (30) day period, has promptly commenced to proceed with diligence and in good faith to remedy such default; or (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; (f) if Tenant abandons or vacates or does not do business in . In the Premises; (g) this Lease or Tenant’s interest herein or in the Premises or any improvements thereon or any property event 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 a default which is the responsibility of Tenant; or (j) the default not cured 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 within the applicable cure 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 effectiveLease, 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 constructive eviction. In the event that Tenant fails to pay any loss rent or damage occasioned thereby. Nothing herein shall be construed to require other amount due hereunder within ten (10) days after written notice of such failure from Landlord to give more than three (3) times in 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 consecutive twelve (12) month period period, then, commencing with the fourth (as 4th) such non-payment by Tenant, Tenant hereby waives shall pay Landlord a late charge equal to five percent (5%) of the same) before exercising any or all remedies available to Landlorddelinquent amount.

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 ten (10) days after written notice 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 (10) days after written notice of such failurefailure or such additional time as is reasonably required provided Tenant promptly commences to cure and diligently pursues the same to completion; (c) a determination by Landlord that Tenant has submitted any intentionally and willfully 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 property, or Xxxxxx’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 for more than ten (g10) consecutive business days, or (f) 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 (hg) 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 with ten (10) days 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 effectiveLease, 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 with notice but 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 if tenant has vacated 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 Landlordpremises.

Right to Re-enter. The following If and whenever all or part of the Minimum Rent or any other amounts payable by the Tenant under this Lease are not paid on the day appointed for payment, whether demand for payment has been made or not, or if the Tenant shall be considered for all purposes fail to comply with any of the covenants hereunder after the Landlord has given notice to the Tenant in writing stating the default with reasonably sufficient particulars and requiring it to be defaults under remedied and breaches of this Lease: such default has not been remedied by the Tenant within fourteen (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 (1014) days after written notice receipt of such failure; (c) a determination by Landlord that notice, or such longer period as may be reasonably necessary in view of the nature of the default, or if the Tenant has submitted shall falsify any false report required to be furnished hereunder; (d) anything done by to the Landlord pursuant to the terms of this Lease or if the Tenant upon shall become bankrupt or in connection with the Premises insolvent or the construction of file any part thereof which directly or indirectly interferes in any way withproposal, or results in if 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 Receiver is appointed of all or a portion of the Tenant’s property, or Xxxxxx’s assignment for if the benefit of creditors; (f) Tenant makes a sale in bulk, or if the Tenant abandons or vacates or does not do business in shall abandon the Premises; (g) , or suffer this Lease or Tenant’s any of its assets to be taken under any writ of execution or like process, or if the Tenant creates a security interest herein or in the personal property of the Tenant in the Premises in favour of a third party or if any improvements thereon or any property notice is filed under section 49 of Tenant are executed upon or attached; (h) the Premises come into the hands Personal Property Security Act in respect 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 if re-entry is the responsibility of Tenant; or (j) the default by Tenant or any affiliate of Tenant 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 it may have, 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 Premises and such property may be removed and stored for the account of the Tenant or be sold by he Landlord (and at Tenant’s expensethe sole option of the Landlord, and sell such property if necessary by way of private sale to satisfy the Landlord or any deficiency in payments by Xxxxxx as required hereunder, third party) all without 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 therebythereby and to have again, repossess and enjoy the Premises as of its former estate whether the Landlord terminates this Lease or not, and notwithstanding the retaking of possession of the Premises by the Landlord, the Landlord specifically reserves all remedies and rights of action herein or at law or in equity provided. Nothing herein The Landlord or its duly authorized agent shall be construed entitled to require Landlord to give any notice before exercising any of its rights and remedies provided distrain for in Section 3.3 of this Lease. Notwithstanding anything to the contrary herein containedRent hereby reserved including accelerated rent, if Xxxxxx commits any, or for any default hereunder for or precedent money hereby made recoverable by distress upon the goods and chattels of the Tenant, wheresoever situate, and upon any premises to which the same may have been removed or with respect to which notice is herein required, and commits such defaults within twelve (12) months thereafter, no notice shall thereafter wherever the same may be required to be given by Xxxxxxxx as to or precedent to any such subsequent default during such twelve (12) month period (as found. The Tenant hereby waives and renounces the same) before exercising benefit of any present or all remedies available to future legislation taking away or limiting the Landlord’s right of distress.

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 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 or to satisfy any deficiency in payments by Xxxxxx as required hereunder, all without notice or resort institute legal proceedings to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned therebythat end. 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.Impossible Kicks /International Plaza/03/21/23 S24 COMMON AREA CHARGE

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 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) 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 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 the date upon which of such termination shall be effective, violation and shall have the right, either before or after any such termination, opportunity for Tenant 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 cure during such twelve (12) month period (as Tenant hereby waives the same) before exercising any or all remedies available to Landlord24-hour period."

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 and breaches In the event of this Lease: (a) any failure of Tenant to pay any rent rental within five (5) 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 failure; other default shall have been given to Tenant, (cor in the event such other default cannot reasonably be cured within thirty (30) days and Tenant commences to cure and diligently pursue a determination by Landlord that course of action to so cure and continue towards completion then for a reasonable period of time not to exceed 90 days) or if Tenant has submitted or an agent of Tenant shall substantially 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 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 or any such guarantor’s property, 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 tenant shall abandon said premises or vacates any part thereof, or does not do vacate all or any pail of the leased premises, or fail to operate its business in the Premises; leased premises (g) except during any time when the leased premises may be untenantable by reason of fire or other casualty), or 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 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), then Landlord, in addition to all besides other rights or remedies it may havehave (including the continuing right to immediately terminate this Lease), 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 in accordance with applicable law 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 after the written notice specified herein, if any, and then without further 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 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) In the event of (1) any failure of Tenant to pay any rent or other amount when charges due hereunder; hereunder wh~~ due, or (b2) 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, or fail to~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 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 wnich 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, [DELETED](3) any failure by Xxxxxx to perform or observe any other of the terms, provisions, conditions and covenants or covenar's 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 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), shall have been ~ to~ 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 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 premises as if this Lease had not been made, and Tenant hereby waives the service of notice of intention 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 or to satisfy any deficiency in payments by Xxxxxx as required hereunder, all without notice or resort institute legal proceedings 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 Landlordthat end.

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 premises and to commence the conduct of its business on the date specified in Section 1.2 hereof, or fail to perform any obligation hereunder prior to such commencement date, or fail to continuously operate its business pursuant to Section 7.2 for the purpose specified in Section 7.1 hereof, or fail to operate under the name specified in Section 16.1 hereof, or if Tenant shall abandon said 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 Development) 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 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 premises as if this Lease had not been made, and Tenant hereby waives the service of notice of intention 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 or to satisfy any deficiency in payments by Xxxxxx as required hereunder, all without notice or resort institute legal proceedings 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 Landlordthat end.

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 to pay any rent or other amount when rental due hereunder; (b) any failure by Xxxxxx to perform or observe any other of the terms, provisions, conditions and covenants of this Lease hereunder for more than ten (10) days after written notice of such failure; (c) a determination by Landlord that Tenant has submitted default shall have been given to Tenant, or any false report required failure to perform any other of the terms, conditions or covenants of this Lease to be furnished hereunder; (d) anything done observed or performed by Tenant upon for more than thirty (30) days after written notice of such default shall have been given to Tenant, or if Tenant 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 if Tenant makes an assignment for the benefit of creditors; (f) , or petitions for or enters into such arrangement, or if Tenant abandons shall abandon said Leased Premise, or vacates the insolvency of Tenant or does not do business in the Premisesadmission of Tenant of its inability to pay its debt as they mature or Tenant is dispossessed from the Leased Premise due to attachment, levy, imposition of a federal or state tax lien or other legal proceedings which cause Tenant to remain out of possession for five (5) or more consecutive days; (g) or 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 besides other rights or remedies it may havehave under this Lease, applicable law, or otherwise 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 Premise 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 notice or resort to legal process and without being deemed guilty with service of trespass or becoming liable for any loss or damage occasioned therebynotice. Nothing herein Each of the foregoing occurrences 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 considered a default under 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 Lease (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 Landlordsometimes “Default”).