Common use of Tenant Defaults Clause in Contracts

Tenant Defaults. (a) The occurrence of either of the following shall constitute a default by Tenant pursuant to this Lease: (i) Tenant's failure to pay Rent when due under this Lease, where such failure continues for ten (10) days after notice that such payment is due (which notice shall be lieu of and not in addition to any notice required under applicable law); and (ii) Tenant's failure to observe or perform any covenant, term or condition of this Lease (other than the payment of Rent) where such failure continues for thirty (30) days after notice thereof from Landlord to Tenant (which notice shall be lieu of and not in addition to any notice required under applicable law); provided that if such failure cannot reasonably be cured within such thirty (30) day period, Tenant shall not be in default hereunder so long as Tenant commences such cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. (b) In the event of any default by Tenant pursuant to Section 18(a) ------------- above, in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall elect so to terminate this Lease, then Landlord may recover from Tenant: (i) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom.

Tenant Defaults. The occurrence of any one (1) or more of the following events shall constitute an event of default (each, an “Event of Default”) by Tenant: (a) The occurrence Tenant abandons the Premises within the meaning of either California Civil Code Section 1951.3 (or its successor), which abandonment is not cured within fifteen (15) days after notice of the following shall constitute a default belief of abandonment or vacation from City; (b) Failure by Tenant pursuant to this Lease: (i) Tenant's failure to pay pay, when due, any Rent when or other amounts due under this Leasehereunder, where such failure continues for a period of ten (10) days after written notice from Landlord; provided (i) Landlord shall not be required to give such notice more than three (3) times during any calendar year, and failure to pay Rent or other amounts when due thereafter shall be an immediate default without need for further notice, and (ii) any notice provided in this Section shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure; (c) Tenant violates any other covenant, or fails to perform any other obligation to be performed by Tenant under this Lease at the time such performance is due, and such violation or failure continues without cure for more than thirty (30) days after written notice from Authority specifying the nature of such violation or failure, or, if such cure cannot reasonably be completed within such thirty (30)-day period, if Tenant does not within such thirty (30)-day period commence such cure, or having so commenced, does not diligently prosecute such cure to completion within a reasonable time thereafter; (d) Subject to any restrictions or limitations placed on Landlord by applicable laws governing bankruptcy, Tenant’s: (a) applying for, consenting to, or suffering the appointment of a receiver, trustee, or liquidation of all or a substantial portion of its assets; (b) making a general assignment for the benefit of creditors; (c) admitting in writing its inability to pay its debts or its willingness to be adjudged a bankrupt; (d) becoming unable to, or failing to, pay its debts as they mature; (e) being adjudged a bankrupt; (f) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization, or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing); (g) convening a meeting of its creditors, or any class thereof, for purposes of effecting a moratorium, extension, or composition of its debts; or (h) suffering, or permitting to continue unstayed and in effect for ten (10) consecutive days, any attachment, levy, execution, or seizure of all or a substantial portion of Tenant’s assets or of Tenant’s interest in this Lease; (e) A writ of execution is levied on the leasehold estate which is not released within sixty (60) days, or a receiver, trustee or custodian is appointed to take custody of all or any material part of the property of Tenant, which appointment is not dismissed within one hundred sixty (60) days; (f) Tenant fails to maintain any insurance required to be maintained by Tenant under this Lease, which failure continues without cure for ten (10) days after written notice that from Authority of such payment is due failure; (which notice shall be lieu of and not in addition to any notice required under applicable law); and (iig) Tenant's failure to observe Tenant suffers or perform any covenantpermits an Assignment, term Sublease or condition other transfer of this Lease (other than the payment or any interest therein to occur in violation of Rent) where such failure continues for this Lease, which event is not cured by Tenant within thirty (30) days after notice thereof from Landlord to written demand by Authority by an effective rescission of the Assignment, Sublease or transfer or through Authority’s consent; or (h) Tenant engages in or allows any use not permitted hereunder which event is not cured by Tenant within ten (which notice shall be lieu of and not in addition to any notice required under applicable law); provided that 10) days after written demand by Authority, or, if such failure cure cannot reasonably be cured completed within such thirty ten (30) day 10)-day period, if Tenant shall does not be in default hereunder so long as Tenant commences such cure within such thirty ten (30) day 10)-day period commence such cure, and thereafter having so commenced, does not diligently prosecutes prosecute such cure to completioncompletion within a reasonable time thereafter and in all events within sixty (60) days. (b) In the event of any default by Tenant pursuant to Section 18(a) ------------- above, in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall elect so to terminate this Lease, then Landlord may recover from Tenant: (i) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom.

Tenant Defaults. (a) The occurrence A. If, at any time during the Term of either of the following shall constitute a default by Tenant pursuant to this Lease: , (i) Tenant shall file in any court a petition in bankruptcy or insolvency or for reorganization (other than a reorganization not involving the insolvency of Tenant), or arrangement, or for the appointment of a receiver or trustee of all or a portion of Tenant's failure property, or for the appointment of a receiver or trustee of all or a portion of Tenant's property, or (ii) an involuntary petition of the kind referred to pay Rent when in subdivision (i) of this Paragraph shall be filed against Tenant, and such petition shall not be vacated or withdrawn within sixty (60) days after the date of filing thereof, or (iii) if Tenant shall make an assignment for the benefit of creditors, or (iv) if Tenant shall be adjudicated a bankrupt by any court; then in any such event this Lease shall terminate ipso facto upon the happening of such contingency, and Tenant shall then quit and surrender the Premises to Landlord. The word "Tenant", as used in this section, shall be deemed to mean the Tenant herein named, or in the event that this Lease shall have been assigned, such word shall be deemed to mean only the assignee in possession of the Premises. In any event, the liability of Tenant shall continue as provided in the Lease. B. If Tenant shall be in default in the payment of rent, taxes, charges, assessments or insurance premiums after the same shall become due under this Leaseand payable, where such failure continues for more than ten (10) days after written notice that such payment is due (which notice by Landlord, then Landlord may, at its election, subject to statutory requirements, terminate this Lease. If Tenant shall be lieu in default in the performance of any of the other covenants, terms and not in addition to any notice required under applicable law); and (ii) Tenant's failure to observe or perform any covenant, term or condition conditions of this Lease (other than the payment of Rent) where such failure continues for Lease, Landlord shall give Tenant thirty (30) days after days' notice thereof from Landlord in writing, specifying the default and requiring it to Tenant be remedied. If, at the expiration of said thirty (30) days, the default which is the basis of such notice shall be lieu of and not in addition to any notice required under applicable law); provided that have been remedied (or if such failure default cannot reasonably be cured remedied within such period of thirty (30) day perioddays, if Tenant shall not be in default hereunder so long as Tenant commences such cure have commenced the remedying thereof within such thirty (30period of time and shall not be proceeding with due diligence to remedy it) day period Landlord, at its election, may terminate this Lease on statutory notice to such effect. After such termination, Landlord may pursuant to lawful process, re-enter the Premises and thereafter diligently prosecutes possess same as its former estate, and without such cure re-entry may recover possession thereof in the manner prescribed by the statute relating to completionsummary process. Except as required by applicable law or as otherwise provided in this Lease, no demand for rent or notice of violation of any covenant or agreement herein contained and no re-entry for condition broken, as at common law, shall be necessary to enable Landlord to recover such possession pursuant to the statute relating to summary process. (b) C. In the event of any default by Tenant this Lease shall terminate pursuant to Section 18(a) ------------- above, in addition to any other remedies available to Landlord at law A or in equitySection B of this Article, Landlord shall have be entitled to recover forthwith from Tenant, as liquidated damages or otherwise, an amount equal to the immediate option to terminate difference between the rent reserved in this Lease for the unexpired portion of the Term, over and all rights above the rental value of Tenant hereunder the Premises for the same period as of the date of termination discounted if the amount is a lump sum award, to present value at the "Prime Rate" of interest charged by giving written notice the majority of such intention to terminateten money center banks located in the New York Metropolitan area. In determining the event that Landlord shall elect so to terminate this Lease, then Landlord may recover from Tenant: (i) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) The worth at the time of award fair market rental value of the amount leased Premises, the rental realized by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount any bona fide reletting shall be deemed prima facie evidence of such rental loss Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefromvalue.

Tenant Defaults. (a) The occurrence of either any of the following shall constitute a default "Default" by Tenant pursuant hereunder: (a) Tenant fails to this Lease: pay when due, within 5 days after receiving written notice thereof, any installment or other payment of Rent or any other amount owing to Landlord provided, however, that Tenant shall only be entitled to receive the aforesaid notice in connection with the payment of Base Rent two (i2) Tenant's times per calendar year and thereafter, for the balance of said calendar year, the failure to pay Base Rent when on its due under this Leasedate shall constitute a Default without the necessity of any further action on the part of Landlord; or (b) Tenant fails to keep in effect any insurance required to be maintained hereunder, where and such failure continues for ten (10) business days after notice that such thereof given by or on behalf of Landlord; or (c) Tenant vacates or abandons the Premises without payment of Rent; or (d) Tenant becomes insolvent, makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy or an involuntary petition in bankruptcy is due filed against Tenant which petition is not dismissed within sixty (which notice 60) days of its filing; or (e) Tenant fails to cause to be released any mechanic's liens filed against the Premises or the Property within thirty (30) days after the date the same shall be lieu of and not in addition to any notice required under applicable law)have been filed or recorded; and or (iif) Tenant's failure Tenant fails to observe or perform according to the provisions of Article 17 or 18 within the time periods specified in such Articles within five (5) days after notice thereof; or (g) A receiver is appointed for Tenant's business or assets and the appointment of such receiver is not vacated within sixty (60) days after such appointment; or (h) Tenant fails to perform or observe any covenantof the other covenants, term conditions or condition of this Lease (other than the payment of Rent) where agreements contained herein on Tenant's part to be kept or performed or breaches a representation made hereunder, and such failure continues shall continue for thirty (30) days after written notice thereof from is given by or on behalf of Landlord to Tenant (which notice shall be lieu of and not in addition to any notice required under applicable law); provided that or if such failure default is curable but cure cannot reasonably be cured effected within such thirty (30) day period, Tenant such default shall not be in a default hereunder so long as Tenant Tenant, promptly commences such cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completion.; or (bi) In Except for transfers under Article 16, if the event interest of Tenant shall be offered for sale or sold under execution or other legal process if Tenant makes any default transfer, assignment, conveyance, sale, pledge, disposition, of all or a substantial portion of Tenant's property; or (j) The chronic delinquency by Tenant pursuant in the payment of Base Rent, or any other periodic payments required to Section 18(abe paid by Tenant under the Lease. "Chronic delinquency" shall mean failure by Tenant to pay Rent, or any other periodic payments required to be paid by Tenant under this Lease within five (5) ------------- abovedays after receipt of written notice thereof for any three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. All notices required to be given under this paragraph shall be in lieu of, and not in addition to any other remedies available notice requirements imposed by law, statute, ordinance, governmental regulation or requirement of the United States, the State in which the Building is located or any local government authority or agency or any political subdivision thereof, now or hereafter in effect. If Tenant or any guarantor hereunder files a voluntary petition pursuant to Landlord at law the United States Bankruptcy Reform Act of 1978, as the same may be from time to time be amended (the "Bankruptcy Code"), or in equitytake the benefit of any insolvency act or be dissolved, or if an involuntary petition or proceeding for dissolution or liquidation is filed against Tenant pursuant to the Bankruptcy Code and said petition is not dismissed within sixty (60) days after such filing, or if a proceeding for the appointment of a trustee or a receiver is commenced for Tenant's business or all or a portion of its assets and the appointment of such receiver is not vacated within sixty (60) days after such appointment, or if it shall make an assignment for the benefit of its creditors, then Landlord shall have all of the immediate option rights provided for in the event of If any alleged default on the part of the Landlord hereunder occurs, Tenant shall give written notice to terminate this Lease Landlord in the manner herein set forth and all rights shall afford Landlord a thirty (30) day period from the receipt of said notice to cure any such default, or if such default is curable but cure cannot reasonably be effected within such thirty (30) day period, such default shall not be a default hereunder so long as Landlord promptly commences cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completion, except in cases of emergency, in which event, such cure period shall be as soon as is reasonably practical under the circumstances. In addition, Tenant hereunder by giving written shall send notice of such intention default by certified or registered mail, postage prepaid, to terminatethe holder of any Mortgage whose address Tenant has been provided in writing, and shall afford such Mortgage holder a reasonable opportunity to cure any alleged default on Landlord's behalf. In the no event that will Landlord shall elect so to terminate be responsible for any indirect, punitive or consequential damages incurred by Tenant, including but not limited to, lost profits or interruption of business as a result of any alleged default by Landlord hereunder. All defaults by Tenant or Landlord of any covenant or condition of this Lease, then Landlord may recover from Tenant: (i) The worth at after expiration of all applicable notice and cure periods, shall be deemed by the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iv) Any other amount necessary parties hereto to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrommaterial.

Tenant Defaults. (a) The Tenant shall be considered to be in default of this Sublease upon the occurrence of either any of the following shall constitute events of default (each, a default by Tenant pursuant to this "Default"), notwithstanding any contrary provision of the Master Lease: : (i) Tenant's failure to pay Rent when due under this Lease, where all or any portion of the Rent if such failure continues for ten more than three (103) days after Landlord's notice that to Tenant of such payment is due (which notice shall be lieu of and not in addition to any notice required under applicable law); and delinquency. (ii) The occurrence or existence of any act or omission by Tenant which is described as a Default by Tenant under Section 5.3(c) or Section 10.1 of this Sublease. (iii) Tenant's failure to observe or perform any covenant, term or condition of this Lease (other than a Default under Sections 14.1(a)(i) and 14.1(a)(ii) above) to comply with any term, provision or covenant of this Sublease, if the payment of Rentfailure is not cured within the earlier of: (A) where such failure continues for thirty twenty (3020) days after written notice thereof from Landlord to Tenant (which notice shall be lieu of and not in addition Tenant, provided, however, if Tenant's failure to any notice required under applicable law); provided that if such failure comply cannot reasonably be cured within such thirty twenty (3020) day perioddays, Tenant shall not be in default hereunder allowed additional time as is reasonably necessary to cure the failure so long as as: (1) Tenant commences to cure the failure within twenty (20) days, and (2) Tenant diligently pursues a course of action that will cure the failure and bring Tenant back into compliance with this Sublease; or (B) twenty (20) days prior to the date that such cure within such thirty (30) day period and thereafter diligently prosecutes such cure failure to completioncomply would cause an Event of Default by Landlord under the Master Lease. (b) In the event of any default by Tenant pursuant to Section 18(a) ------------- above, in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall elect so to terminate this Lease, then Landlord may recover from Tenant: (i) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iv) Any Tenant (a) makes an assignment for the benefit of creditors; (b) is adjudicated as insolvent; (c) files a petition (or files an answer admitting the material allegations of a petition) under any state or federal bankruptcy or other amount necessary Laws affecting creditors' rights; (d) fails, within ninety (90) days after the commencement of proceedings for relief under any state or federal bankruptcy or other Laws affecting creditors' rights, to compensate Landlord for have such proceedings dismissed; (e) has all or substantially all of its assets subject to judicial seizure or attachment and such seizure or attachment is not released within ninety (90) days; (f) consents to or acquiesces in the detriment proximately caused by appointment of a trustee, receiver or liquidator of all or any substantial part of its assets; or (g) fails within ninety (90) days after the appointment of such a trustee, receiver or liquidator to have such appointment vacated (each, an "Insolvency Proceeding"). (v) Tenant's failure to perform its obligations leasehold estate under this Lease Sublease is taken by process or which operation of Law. (vi) Tenant abandons the Sublease Premises. For this purpose, "abandonment" shall have the meaning provided in the ordinary course of things would be likely to result therefromCalifornia Civil Code Section 1951.3.

Tenant Defaults. (a) The occurrence of either any of the following shall constitute a default "default" by Tenant pursuant to this Lease: hereunder: (ia) Tenant's failure Tenant fails to pay Rent when due under this Leaseany installment or other payment of Rent, where such failure continues for ten or any other amount owing to Landlord, within five (105) days after of its receipt of written notice that of such payment is due (which failure; however, Landlord shall only be obligated to provide written notice to Tenant once in each Lease Year; thereafter, no notice shall be lieu of due from Landlord to Tenant and not Tenant shall be in addition default if it fails to pay such amounts when due, or (b) Tenant fails to keep in effect any notice insurance required under applicable law); to be maintained, and (ii) Tenant's failure to observe or perform any covenant, term or condition of this Lease (other than the payment of Rent) where such failure continues for thirty (30) days after notice thereof from Landlord to given by or on behalf of Landlord, or (c) Tenant abandons the Premises, or (d) Tenant becomes insolvent, makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy or an involuntary petition is filed against Tenant which notice petition is not dismissed within sixty (60) days of its filing, or if a receiver shall be lieu appointed for its business or its assets and the appointment of such receiver is not vacated within sixty (60) days after such appointment, or (e) Tenant fails to perform or observe any of the other covenants, conditions or agreements contained herein on Tenant's part to be kept or performed or breaches a representation made hereunder, and not in addition to any such failure shall continue for thirty (30) days after notice required under applicable law); provided that thereof given by or on behalf of Landlord, or if such failure default is curable but cure cannot reasonably be cured effected within such thirty (30) day period, Tenant such default shall not be in a default hereunder so long as Tenant promptly commences such cure within such thirty ten (3010) day period days and thereafter diligently prosecutes such cure to completion., or (bf) If the interest of Tenant shall be offered for sale or sold under execution or other legal process or if Tenant makes any transfer, assignment, conveyance, sale, pledge, disposition of all or a substantial portion of Tenant's property, or (g) The chronic delinquency by Tenant in the payment of Monthly Rent, or any other periodic payments required to be paid by Tenant under the Lease. "Chronic delinquency" shall mean failure by Tenant to pay Rent, or any other periodic payments required to be paid by Tenant under this Lease within five (5) days after written notice thereof for any three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of any default by Tenant pursuant to Section 18(a) ------------- abovea chronic delinquency, in addition to any other remedies available to Landlord at law or in equityLandlord's option, Landlord shall have the immediate option additional right to terminate this Lease and all rights of require that Rent be paid by Tenant hereunder by giving written notice of such intention quarter-annually, in advance. This provision shall in no way modify Tenant's obligation to terminate. In pay Rent on the event that Landlord shall elect so to terminate this Lease, then Landlord may recover from Tenant: first (i1st) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) The worth at the time of award day of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrommonth.

Tenant Defaults. (a) The occurrence of either any of the following shall constitute a default "default" by Tenant pursuant to this Lease: hereunder: (ia) Tenant's failure Tenant fails to pay Rent when due under this Lease, where such failure continues for ten (10) days after notice that such payment is due (which notice shall be lieu of and not in addition to any notice required under applicable law); and (ii) Tenant's failure to observe installment or perform any covenant, term or condition of this Lease (other than the payment of Rent, or any other amount owing to Landlord, or (b) where Tenant fails to keep in effect any insurance required to be maintained, and such failure continues for thirty (30) days after notice thereof from Landlord to given by or on behalf of Landlord, or (c) Tenant vacates or abandons the Premises, or (d) Tenant becomes insolvent, makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy or an involuntary petition is filed against Tenant which notice petition is not dismissed within sixty (60) days of its filing, or if a receiver shall be lieu appointed for its business or its assets and the appointment of such receiver is not vacated within thirty (30) days after such appointment, or (e) Tenant fails to perform or observe any of the other covenants, conditions or agreements contained herein on Tenant's part to be kept or performed or breaches a representation made hereunder, and not in addition to any such failure shall continue for thirty (30) days after notice required under applicable law); provided that thereof given by or on behalf of Landlord, or if such failure default is curable but cure cannot reasonably be cured effected within such thirty (30) day period, Tenant such default shall not be in a default hereunder so long as Tenant promptly commences such cure within such thirty ten (30l0) day period days and thereafter diligently prosecutes such cure to completion., or (bf) If the interest of Tenant shall be offered for sale or sold under execution or other legal process or if Tenant makes any transfer, assignment, conveyance, sale, pledge, disposition of all or a substantial portion of Tenant's property, or (g) The chronic delinquency by Tenant in the payment of Monthly Rent, or any other periodic payments required to be paid by Tenant under the Lease. "Chronic delinquency" shall mean failure by Tenant to pay Rent, or any other periodic payments required to be paid by Tenant under this Lease within five (5) days after written notice thereof for any three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of any default by Tenant pursuant to Section 18(a) ------------- abovea chronic delinquency, in addition to any other remedies available to Landlord at law or in equityLandlord's option, Landlord shall have the immediate option additional right to terminate this Lease and all rights of require that Rent be paid by Tenant hereunder by giving written notice of such intention quarter-annually, in advance. This provision shall in no way modify Tenant's obligation to terminate. In pay Rent on the event that Landlord shall elect so to terminate this Lease, then Landlord may recover from Tenant: first (i1st) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) The worth at the time of award day of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrommonth.

Tenant Defaults. Each of the following occurrences shall be an "EVENT of DEFAULT" and shall constitute a material default and breach of this Lease by Tenant: (a) The occurrence any failure by Tenant to pay any installment of either Base Rent Additional Rent or to make any other payment required to be made by Tenant hereunder within five (5) days following written notice that said amount was not paid when due; (b) the abandonment or vacation of the following Premises by Tenant, provided, however, that unless Tenant is using the Premises for a retail use, abandonment or vacation of the Premises shall constitute a default not be an Event of Default so long as no other Event of Default has occurred hereunder; (c) any failure by Tenant pursuant to this Lease: execute and deliver any estoppel certificate or other document or instrument described in Paragraphs 10 (iinsurance), 11 (subordination) Tenant's failure to pay Rent when due under this Leaseor 21.2 (estoppel certificates) requested by Landlord, where such failure continues for ten five (105) business days after delivery of written notice that of such payment is due failure by Landlord to Tenant; (which notice shall be lieu of and not in addition d) any failure by Tenant to any notice required under applicable law); and (ii) Tenant's failure to observe or fully perform any covenantother obligation of Tenant under this Lease, term or condition of this Lease (other than the payment of Rent) where such failure continues for thirty (30) days (except where a shorter period of time is specified in this Lease, in which case such shorter time period shall apply) after delivery of written notice thereof from of such failure by Landlord to Tenant (which notice shall be lieu of and not in addition to any notice required under applicable law); Tenant, provided that if the nature of such failure default is such that the same cannot reasonably be cured within such a thirty (30) day period, Tenant shall not be deemed to be in default hereunder so long as Tenant if it diligently commences such cure within such thirty (30) day period and thereafter diligently prosecutes such proceeds to rectify and cure to completion. said default as soon as possible; or (be) In the event voluntary or involuntary filing of a petition by or against Tenant or any default by Tenant pursuant to Section 18(a) ------------- above, in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights general partner of Tenant hereunder by giving written notice (i) in any bankruptcy or other insolvency proceeding, (ii) seeking any relief under any state or federal debtor relief law, (iii) for the appointment of such intention to terminate. In the event that Landlord shall elect so to terminate a liquidator or receiver for all or substantially all of Tenant's property or for Tenant's interest in this Lease, then Landlord may recover from Tenant: (i) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus or (iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by reorganization or modification of Tenant's capital structure (provided, however, that if such a petition is filed against Tenant, then such filing shall not be an Event of Default unless Tenant fails to have the proceedings initiated by such petition dismissed within sixty (60) days after the filing thereof). Any notice of any failure to perform its obligations of Tenant required under this Lease or which Paragraph 16 shall be in lieu of, and not in addition to, any notice required under Section 1161 et seq. of the ordinary course California Code of things would be likely to result therefromCivil Procedure.

Tenant Defaults. (a) The occurrence of either any one or more of the following shall constitute a be an event of default by Tenant pursuant to this Lease: (each, an “Event of Default”) hereunder: (i) Tenant's failure Tenant fails to pay Rent make payment when due of any installment of Rent payable by Tenant to Landlord under this Lease, where Lease Agreement and such failure continues shall continue for ten (10) calendar days after written notice that of such payment failure is due (which notice shall be lieu of and not in addition given to any notice required under applicable law); and Tenant by Landlord; (ii) Tenant's failure Tenant fails, for the third or subsequent time within a given calendar year, to make payment when due of any installment of Rent payable by Tenant to Landlord under this Lease Agreement; (iii) Tenant fails to observe or perform and perform, in any material respect, any other material covenant, term condition or condition agreement under this Lease Agreement to be performed by Tenant (except those described in Section 10.01(a)(i) of this Lease (other than the payment of RentAgreement) where such failure continues for that is not cured within thirty (30) days after following receipt of written notice thereof from Landlord to Tenant (which notice shall be lieu of and not in addition to any notice required under applicable law)Landlord; provided provided, however, that if such failure default cannot reasonably be cured within such thirty (30) day periodperiod through the use of diligent efforts, Tenant such period shall not be in default hereunder extended for so long as Tenant commences continues to exercise diligent efforts to cure such cure default; (iv) If Tenant: (a) admits in writing its inability to pay its debts generally as they become due, (b) files a petition in bankruptcy or a petition to take advantage of any insolvency act, (c) makes an assignment for the benefit of its creditors, (d) is unable to pay its debts as they mature, (e) consents to the appointment of a receiver of itself or of the whole or any substantial part of its property, or (f) files a petition or answer seeking reorganization or arrangement under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any state thereof; (v) If Tenant, on a petition in bankruptcy filed against it, is adjudicated as bankrupt or a court of competent jurisdiction enters an order or decree appointing, without the consent of Tenant, a receiver of Tenant of the whole or substantially all of its property, or approving a petition filed against it seeking reorganization or arrangement of Tenant under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any state thereof, and such judgment, order or decree is not vacated or set aside or stayed within such sixty (60) days from the date of the entry thereof; (vi) If the estate or interest of Tenant in any material portion of the Leased Property is levied upon or attached in any proceeding and the same is not vacated or discharged within the earlier of sixty (60) days after commencement thereof or thirty (30) day period and thereafter days after receipt by Tenant of notice thereof from Landlord (unless Tenant is diligently prosecutes contesting such cure to completion.lien or attachment in good faith); or (bvii) In An Event of Default, as defined in the event of any default by Tenant pursuant to Section 18(a) ------------- aboveGround Lease Agreement, in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall elect so to terminate this Lease, then Landlord may recover from Tenant: (i) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefromoccurred.

Tenant Defaults. A-16.01 Tenant agrees that in the event that Landlord shall commence a Summary Proceeding for non-payment of Rent to be paid by Tenant pursuant to the terms of this Lease, Tenant will not interpose any counterclaim (except, however, for any such counterclaims that, by law, Tenant is compelled to interpose at such time), or set-off of any nature whatsoever. If Tenant shall be evicted from or vacate the Premises or this Lease shall be terminated prior to its expiration as a result of Tenant's failure to perform any obligation hereunder, without limiting Landlord's other remedies under this Lease or at law, (a) The occurrence if Landlord shall relet the Premises, Tenant shall remain liable for any deficiency in Rent which Landlord does not receive from the succeeding tenant and shall not be entitled to any excess Rent which Landlord may receive from such tenant, except, however, any such excess rent received by Landlord for any period which corresponds with the balance of either the term of this Lease occurring after Tenant's eviction or termination of this Lease, shall be applied toward Landlord's costs and expenses provided herein, (b) Tenant shall reimburse Landlord as Rent for the cost of preparing the Premises for Tenant's occupancy, including, without limitation, Landlord's Work, if any, and all carpentry, electrical, HVAC, plumbing and painting work, (c) Tenant shall pay to Landlord, on a pro-rata basis, the amount of any rent concession under this Lease, including, without limitation, the Rent, if any, which Tenant was not required to pay at the commencement of the Term, and (d) Tenant shall pay to Landlord all marketing costs and brokerage fees. (a) Notwithstanding any provision(s) in this Lease to the contrary, the parties acknowledge and agree that (i) the Premises are demised under this Lease for a minimum aggregate Rent (subject to such increases and other costs as provided throughout this Lease) of $2,539,122.46 for the entire Term, (ii) the terms of this Lease which provide for the payment of Rent in installments are solely for the convenience of Tenant, and (iii) upon the default in the payment of Rent in installments as aforesaid, then Tenant shall be liable to Landlord for, and the following shall immediately become due and payable without notice or demand: (1) all Rent actually due to Landlord and in arrears at such time, and (2) the aggregate Rent reserved for the entire Term then remaining unpaid discounted to present value to four percent (4%) below the then existing prime rate as reported by The Wall Street Journal. (b) Unless otherwise agreed to by the parties hereto, in writing, if Tenant shall default (i) in the timely payment of Rent and such default shall continue or be repeated for three consecutive months or for a total of four months in any period of twelve months, or (ii) in the performance of any particular term, condition or covenant of this Lease more than six times in any period of six months, then, notwithstanding that such defaults shall have each been cured within the applicable grace periods under this Lease, if any, any further similar default shall be deemed to be deliberate and Landlord thereafter may terminate this Lease on ten days written notice to Tenant, without affording Tenant an opportunity to cure such further default. A-16.05 Landlord and Tenant hereby acknowledge and agree that Landlord or any other landlord whose property is managed by Spiegel Associates, previously may have entered, or may hereafter enter, into another lease or leases with Tenant (any such lease being referred to as an "Other Lease"). Notwithstanding any provision in this Lease or in any Other Lease, Landlord and Tenant stipulate and agree that any default hereunder shall likewise constitute a default by Tenant pursuant to this Lease: (i) Tenant's failure to pay Rent when due under this Lease, where such failure continues for ten (10) days after notice any Other Lease and that such payment is due (which notice shall be lieu of and not in addition to any notice required under applicable law); and (ii) Tenant's failure to observe or perform any covenant, term or condition of this Lease (other than the payment of Rent) where such failure continues for thirty (30) days after notice thereof from Landlord to Tenant (which notice shall be lieu of and not in addition to any notice required under applicable law); provided that if such failure cannot reasonably be cured within such thirty (30) day period, Tenant shall not be in default hereunder so long as Tenant commences such cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. (b) In the event of any a default by Tenant pursuant to Section 18(a) ------------- above, in addition to under any other remedies available to Landlord at law or in equityOther Lease shall constitute a default hereunder. While there presently may be no Other Lease, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event agree that Landlord shall elect so to terminate this Leaseit is reasonably foreseeable, then Landlord may recover from Tenant: (i) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss and they contemplate, that Tenant proves could have been reasonably avoided; plus (iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things their business they may hereafter enter into an Other Lease and that Landlord would be likely to result therefromnot enter into this Lease (or any Other Lease) but for the agreement set forth in the preceding sentence.

Tenant Defaults. (a) The occurrence It shall be an Event of either Default by Tenant under this Lease if any one or more of the following shall constitute a default by Tenant pursuant to this Lease: events occurs: (i) Tenant's failure Tenant fails to pay any and all installments of Fixed Basic Rent when and such failure continues for fifteen (15) days following written notice from Landlord to Tenant. (ii) Tenant fails to pay any and all Additional Rent or any other charges or payments due and payable under this Lease, where Lease whether or not herein included as rent and such failure continues for twenty (20) days following written notice from Landlord to Tenant. (iii) Tenant fails to maintain liability insurance for the benefit of Tenant and Landlord as required this Lease and such failure continues for twenty (20) days following written notice from Landlord to Tenant. (iv) Tenant fails to furnish an estoppel certificate within the time required under Section 35 of this Lease and such failure continues for ten (10) days after notice that such payment is due following a second written request from Landlord to Tenant. (which notice shall be lieu of and not in addition v) Tenant violates, fails to perform or otherwise breaches any notice required under applicable law); and (ii) Tenant's failure to observe or perform any covenantagreement, term term, covenant or condition of contained in this Lease (other than the payment of Rentas described in Subsections 27(a)(i) where - 27(a)(iv) above) and such failure continues for thirty (30) days after following notice thereof from Landlord to Tenant (which notice shall be lieu of and not in addition to any notice required under applicable law); Tenant, provided however that if such failure is capable of cure but cannot reasonably be cured within such thirty (30) day perioddays, Tenant then it shall not be in default hereunder so an Event of Default as long as Tenant commences such to cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completionproceeds with diligence until the failure is cured. (bvi) In Tenant makes an assignment for the event benefit of creditors or files a petition in bankruptcy or for reorganization or for an arrangement with creditors under any default by federal or state law (in each case, a "Bankruptcy Proceeding"), or a Bankruptcy Proceeding is filed against Tenant pursuant to and is not stayed, dismissed or discharged within ninety (90) consecutive days. (vii) Any of the events enumerated in Subsection (a)(vii) of this Section 18(a) ------------- above, in addition 27 happens to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights guarantor of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall elect so to terminate this Lease, then Landlord may recover from Tenant: (i) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom.

Tenant Defaults. (a) The occurrence of either Each of the following shall constitute a be deemed an event of default by Tenant pursuant to under this Lease: lease: (i) Tenant's Failure by Tenant to make any payment of rent to Landlord when due and failure to pay Rent when due under this Lease, where cure such failure continues for nonpayment within ten (10) days after notice that such payment is due (which notice shall be lieu of and not in addition Landlord gives Tenant to any notice required under applicable law); and do so; (ii) Tenant's failure Failure by Tenant to observe make any other payment or perform or observe any covenant, term other obligation or condition of to be performed or observed by Tenant under this Lease (other than the payment of Rent) where such failure continues for lease within thirty (30) days after Landlord gives Tenant notice thereof from Landlord to Tenant (which notice shall be lieu do so or, if because of and not in addition to any notice required under applicable law); provided that if the nature of such failure default it cannot reasonably reasonable be cured corrected within such thirty (30) day period, failure by Tenant shall not be in default hereunder so long as Tenant commences such cure to commence correction within such thirty (30) day period and thereafter diligently prosecutes such cure to expeditiously and continuously prosecute the correction to completion.; (iii) Tenant's interest created by this lease is taken in execution or other process of law; or (iv) Tenant or any entity which has guaranteed the obligations of Tenant under the lease (a) is insolvent, is adjudicated bankrupt, or seeks any relief as a debtor by any bankruptcy proceeding pursuant to the provisions of any state or federal law; (b) In has any receiver or trustee of its property appointed by reason of insolvency or inability to pay debts; or (c) makes or permits an assignment of its property for the benefit of creditors. Immediately upon the occurrence of an event of default or at any time thereafter, unless such default has been cured by Tenant pursuant to Section 18(aor waived by Landlord, Landlord may at its option elect either to: (A) ------------- abovecontinue this lease in full force and effect notwithstanding the occurrence of such event of default, or (B) terminate this lease, in addition which event all rights and interests of Tenant in and to any other remedies available to Landlord at law or in equity, the Premises and this lease shall terminate and Landlord shall have be entitled immediately to re-enter and re-lease the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall elect so to terminate this Lease, then Landlord may recover from Tenant: (i) The worth Premises at the time of award of any unpaid best possible rent which had been earned at the time of such termination; plus (ii) The worth at the time of award of obtainable, but Tenant shall remain liable for the amount by which the unpaid rent which would have been earned after termination until the time of award payable by Tenant under this lease exceeds the amount rent received upon such re-letting, if any. Any and all monthly deficiencies in the rent so payable by Tenant shall be paid monthly on the date required for payment of such rental loss Tenant proves could rent under Section3. The remedies provided herein shall be without prejudice to any other remedies which Landlord may have been reasonably avoided; plus (iii) The worth at for the time of award recovery of the amount by which the unpaid arrears of rent or for damages for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under breach of this Lease or which in the ordinary course of things would be likely to result therefromlease.

Tenant Defaults. Tenant shall be in Default of this Lease: (a) The occurrence of either of the following shall constitute a default by omitted; (b) If Tenant pursuant to this Lease: (i) Tenant's failure fails to pay Rent rent or any other charge when due under this Lease, where and such failure continues for ten an additional five (105) days after Tenant’s receipt of Landlord’s notice that such payment is due of the nonpayment; (which notice shall be lieu of and not in addition c) If Tenant fails to any notice required under applicable law); and (ii) Tenant's failure to observe or perform any covenant, term or condition of Tenant’s non-monetary obligations under this Lease (other than the payment for a period of Rent) where such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant (which notice shall be lieu of and not in addition to any notice required under applicable law)Landlord; provided that if such failure cannot reasonably be cured within such more than thirty (30) day perioddays are required to complete such performance, Tenant shall not be in default hereunder so long as if Tenant commences such cure performance within such the thirty (30) day period and thereafter diligently prosecutes such cure pursues its completion. However, no grace period shall apply if Tenant’s failure to completion. (b) In the event perform constitutes a non-curable breach of this Lease. The notice required by this Section is intended to satisfy any default and all notice requirements imposed by Tenant pursuant to Section 18(a) ------------- above, law on Landlord and is not in addition to any other remedies available such requirement; (d) If Tenant makes a general assignment or general arrangement for the benefit of creditors; (ii) if a petition for adjudication of bankruptcy or for reorganization or rearrangement is filed by or against Tenant and Tenant does not commence action to Landlord at law or in equity, Landlord shall have the immediate option petition dismissed within sixty (60) days of such filing; (iii) if a trustee or receiver is appointed to terminate take possession of substantially all of Tenant’s assets located at the Property or of Tenant’s interest in this Lease and Tenant does not commence action to restore possession within sixty (60) days; or (iv) if substantially all rights of Tenant’s assets located at the Property or of Tenant’s interest in this Lease is subjected to attachment, execution or other judicial seizure and Tenant hereunder by giving written notice does not commence action to have the seizure discharged within sixty (60) days. If a court of such intention to terminate. In competent jurisdiction determines that any of the event that Landlord shall elect so to terminate acts described in this subsection (d) is not a default under this Lease, and a trustee is appointed to take possession (or if Tenant remains a debtor in possession) and such trustee or Tenant transfers Tenant’s interest hereunder, then Landlord may recover from Tenant:shall receive, as Additional Rent, the excess, if any, of the rent (or any other consideration) paid in connection with such assignment or sublease over the rent payable by Tenant under this Lease; or Initials (Multi-Tenant Gross Form 3/12/12) Initials (ie) The worth at the time of award of If any unpaid rent which had been earned at the time of such termination; plus (ii) The worth at the time of award guarantor of the amount by which Lease revokes or otherwise terminates, or purports to revoke or otherwise terminate, any guaranty of all or any portion of Tenant’s obligations under the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of award Lease. Unless otherwise expressly provided, no guaranty of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefromis revocable.

Tenant Defaults. (a) The occurrence of either any of the following shall constitute a default “default” by Tenant pursuant to this Lease: hereunder: (ia) Tenant's failure Tenant fails to pay Rent when due under this Lease, where such failure continues for ten (10) days after notice that such payment is due (which notice shall be lieu of and not in addition to any notice required under applicable law); and (ii) Tenant's failure to observe installment or perform any covenant, term or condition of this Lease (other than the payment of RentRent or any other amount owing to Landlord; or (b) where Tenant fails to keep in effect any insurance required to be maintained hereunder, and such failure continues for thirty (30) days after notice thereof from Landlord given by or on behalf of Landlord; or (c) Tenant or any guarantor hereunder becomes insolvent, makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy or an involuntary petition in bankruptcy is filed against Tenant which petition is not dismissed within sixty (60) days of its filing; or (d) Tenant fails to Tenant (which notice shall be lieu of and not in addition to any notice required timely comply with its obligations under applicable lawArticle 5(D); provided that or (e) Tenant fails to observe or perform according to the provisions of Article 17 or 18 within the time periods specified in such Articles; or (f) A receiver is appointed for Tenant’s business or assets and the appointment of such receiver is not vacated within sixty (60) days after such appointment; or (g) Tenant fails to perform or observe any of the other covenants, conditions or agreements contained herein on Tenant’s part to be kept or performed or breaches a representation made hereunder, and such failure shall continue for thirty (30) days after notice thereof is given by or on behalf of Landlord, or if such failure default is curable but cure cannot reasonably be cured effected within such thirty (30) day period, Tenant such default shall not be in a default hereunder so long as Tenant promptly commences cure within ten (10) days and thereafter diligently prosecutes such cure to completion. All notices required to be given under this paragraph shall be in lieu of, and not in addition to any notice requirements imposed by law, statute, ordinance, governmental regulation or requirement of the United States, the State in which the Building is located or any local government authority or agency or any political subdivision thereof, now or hereafter in effect. If Tenant or any guarantor hereunder files a voluntary petition pursuant to the United States Bankruptcy Reform Act of 2005, as the same may be from time to time be amended (the “Bankruptcy Code”), or take the benefit of any insolvency act or be dissolved, or if an involuntary petition or proceeding for dissolution or liquidation is filed against Tenant pursuant to the Bankruptcy Code and said petition is not dismissed within sixty (60) days after such filing, or if a proceeding for the appointment of a trustee or a receiver is commenced for Tenant’s business or all or a portion of its assets and the appointment of such receiver is not vacated within sixty (60) days after such appointment, or if it shall make an assignment for the benefit of its creditors, then Landlord shall have all of the rights provided for in the event of nonpayment of the Rent. Tenant hereby stipulates to the lifting of the automatic stay in effect and relief from such stay in the event Tenant files a petition under the Bankruptcy Code, for the purpose of Landlord pursuing its rights and remedies against Tenant and/or a guarantor under this Lease. The rejection of this Lease by Tenant under Bankruptcy Code shall constitute a substantial default and breach of this Lease by Tenant. Upon the occurrence of any such event of material default and breach by Tenant, Landlord may terminate this Lease by written notice to Tenant. If any alleged default on the part of the Landlord hereunder occurs, Tenant shall give written notice to Landlord in the manner herein set forth and shall afford Landlord thirty (30) days to cure any such default. In addition, Tenant shall send notice of such default by certified or registered mail, postage prepaid, to the holder of any Mortgage whose address Tenant has been provided in writing, and shall afford such Mortgage holder thirty (30) days to cure any alleged default on Landlord’s behalf. If such default is curable but cure cannot reasonably be effected within such thirty (30) day period by Landlord or Lender, such default shall not be a default hereunder so long as Landlord or Lender promptly commences to cure and thereafter diligently prosecutes such cure to completion. (b) In the event of any default by Tenant pursuant to Section 18(a) ------------- above, in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall elect so to terminate this Lease, then Landlord may recover from Tenant: (i) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom.

Tenant Defaults. (a) The occurrence of either any one or more of the following events shall constitute a default an “Event of Default” hereunder by Tenant pursuant to this Lease: (TENANT: i) Tenant's The failure by TENANT (A) to pay make any payment of Rent or any other payment required to be made by TENANT hereunder, as and when due under this Leasedue, or (B) to maintain any insurance required by Paragraph 8, where such failure continues shall continue for ten a period of twenty (1020) days after written notice that such payment thereof is due (which notice shall be lieu of and not in addition to any notice required under applicable law); and (received by TENANT from OWNER. ii) Tenant's The failure by TENANT to observe or perform any covenant, term of the covenants or condition provisions of this Lease (to be observed or performed by TENANT, other than the payment of Rent) as specified in Paragraph 11.a.(i), where such failure continues shall continue for a period of thirty (30) days after written notice thereof is received by TENANT from Landlord to Tenant (which notice shall be lieu of and not in addition to any notice required under applicable law)OWNER; provided provided, however, that if such failure cannot reasonably be cured within such thirty (30) day period, Tenant it shall not be in default hereunder so long as Tenant commences deemed an Event of Default by TENANT if TENANT shall commence to cure such cure failure within such said thirty (30) day period and thereafter diligently prosecutes such cure to completion, if during such thirty (30) day period TENANT gives written notice to OWNER explaining in detail why the EVENT of Default cannot be cured in thirty (30) days, outlines the plan to cure the Event of Default and states the date by which the Event of Default will be cured. (b) In the event If there occurs an Event of any default Default by Tenant pursuant to Section 18(a) ------------- aboveTENANT, in addition to any other remedies available to Landlord OWNER at law or in equity, Landlord OWNER shall have the immediate option to terminate this Lease and all rights of Tenant hereunder TENANT hereunder. c) If there occurs an Event of Default by giving written notice of such intention TENANT and the Lease is terminated, OWNER shall have the right to terminate. In re-enter the event that Landlord shall elect Leased Site and remove persons or property from the Leased Site or the Tower if TENANT fails to do so to terminate this Lease, then Landlord may recover within sixty (60) days from Tenant: (i) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) The worth at the time of award termination date of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefromLEASE.

Tenant Defaults. (a) The occurrence of either any of the following shall constitute a default “default” or “event of default” by Tenant pursuant to this Lease: hereunder: (ia) Tenant's failure Tenant fails to pay Rent when due under this Leaseany installment or other payment of Rent or any other amount owing to Landlord, where and such failure continues for ten five (105) business days after notice thereof given by or on behalf of Landlord provided, however, that notice relating to Tenant’s failure to pay Monthly Base Rent shall only be required two (2) times per any twelve (12) month period and thereafter (during the remainder of such payment is due (which 12-month period) no notice shall be lieu of required in connection therewith prior to the same constituting a default; or (b) Tenant fails to keep in effect any insurance required to be maintained hereunder, and not in addition to any notice required under applicable law); and (ii) Tenant's failure to observe or perform any covenant, term or condition of this Lease (other than the payment of Rent) where such failure continues for thirty (30) days after notice thereof given by or on behalf of Landlord; or (c) Tenant or any guarantor hereunder becomes insolvent, makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy or an involuntary petition in bankruptcy is filed against Tenant which petition is not dismissed within sixty (60) days of its filing; or (d) Tenant fails to cause to be released any mechanic’s liens filed against the Premises, the Building or the Project or any portion thereof within twenty (20) days after the date the same shall have been filed or recorded; or (e) Tenant fails to observe or perform according to the provisions of Article 17 or 18 within the time periods specified in such Articles; or (f) A receiver is appointed for Tenant’s business or assets and the appointment of such receiver is not vacated within sixty (60) days after such appointment; or (g) Tenant fails to perform or observe any of the other covenants, conditions or agreements contained herein on Tenant’s part to be kept or performed or breaches a representation made hereunder, and such failure shall continue for thirty (30) days after notice thereof from Landlord to Tenant (which notice shall be lieu of and not in addition to any notice required under applicable law); provided that Landlord, or if such failure default is curable but cure cannot reasonably be cured effected within such thirty (30) day period, Tenant such default shall not be in a default hereunder so long as Tenant promptly commences such cure within ten (10) days after receipt of such thirty (30) day period notice and thereafter diligently prosecutes such cure to completion.; or (bh) In Except for assignments or subleases under Article 16, if the event interest of Tenant or any default by guarantor hereunder shall be offered for sale or sold under execution or other legal process if Tenant pursuant makes any transfer, assignment, conveyance, sale, pledge, disposition of all or a substantial portion of Tenant’s property. All notices required to Section 18(a) ------------- abovebe given under this Article 19.A. shall be in lieu of, and not in addition to any other remedies available notice requirements imposed by Law now or hereafter in effect. If Tenant or any guarantor hereunder files a voluntary petition pursuant to Landlord at law the United States Bankruptcy Reform Act of 1978, as the same may be from time to time be amended (the “Bankruptcy Code”), or in equitytake the benefit of any insolvency act or be dissolved, or if an involuntary petition or proceeding for dissolution or liquidation is filed against Tenant pursuant to the Bankruptcy Code and said petition is not dismissed within sixty (60) days after such filing, or if a proceeding for the appointment of a trustee or a receiver is commenced for Tenant’s business or all or a portion of its assets and the appointment of such receiver is not vacated within sixty (60) days after such appointment, or if it shall make an assignment for the benefit of its creditors, then Landlord shall have all of the immediate option rights provided for in the event of nonpayment of the Rent. Tenant hereby stipulates to terminate the lifting of the automatic stay in effect and relief from such stay in the event Tenant files a petition under the Bankruptcy Code, for the purpose of Landlord pursuing its rights and remedies against Tenant and/or a guarantor under this Lease Lease. If any alleged default on the part of the Landlord hereunder occurs, Tenant shall give written notice to Landlord in the manner herein set forth and all rights of shall afford Landlord a reasonable opportunity to cure any such default. In addition, Tenant hereunder by giving written shall send notice of such intention default by certified or registered mail, postage prepaid, to terminate. In the event that Landlord shall elect so to terminate this Lease, then Landlord may recover from Tenant: (i) The worth at the time of award holder of any unpaid rent which had Mortgage whose address Tenant has been earned at the time of provided in writing, and shall afford such termination; plus (ii) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Mortgage holder a reasonable opportunity to cure any alleged default on Landlord’s behalf. Any notice from Landlord to Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations claims or alleges a breach or default under this Lease or which shall state in the ordinary course of things would be likely to result therefromprominent bold-face type “THIS IS A NOTICE OF DEFAULT UNDER A LEASE OF REAL PROPERTY, AND IMMEDIATE ACTION IS REQUIRED.”

Tenant Defaults. If (a) The occurrence Tenant defaults in the payment of either rent or other amounts under this Lease and the default continues for 5 days after written notice by Landlord to Tenant, (b) Tenant defaults in any other obligation under this Lease and the default continues for 15 days after written notice by Landlord to Tenant (unless such default is of a nature that cannot be cured within such 15 day period, in which case Tenant will have such time to cure the default as is reasonably necessary, provided Tenant commences to cure such default within the original 30 day period and continues to diligently and continuously pursue the cure thereof to completion), (c) any proceeding is begun by or against Tenant to subject the assets of Tenant to any bankruptcy or insolvency law or for an appointment of a receiver of Tenant or for any of Tenant's assets and with respect to proceeding against Tenant is not discharged within 60 days, or (d) Tenant makes a general assignment of Tenant's assets for the benefit of creditors, then Landlord may, with or without terminating this Lease, cure the default and charge Tenant all costs and expenses of doing so, and Landlord also may, by process of law, re-enter the Premises, remove all persons and property, and regain possession of the following shall constitute a default by Tenant pursuant to this Lease: (i) TenantPremises, without waiver or loss of any of Landlord's failure to pay Rent when due rights under this Lease, where such failure continues for ten (10) days after notice that such payment is due (which notice shall be lieu of and not in addition including Landlord's right to any notice required under applicable law); and (ii) Tenant's failure to observe or perform any covenant, term or condition of this Lease (other than the payment of Monthly Net Rent) where such failure continues for thirty (30) days after notice thereof from . Landlord to Tenant (which notice shall be lieu of and not in addition to any notice required under applicable law); provided that if such failure cannot reasonably be cured within such thirty (30) day period, Tenant shall not be in default hereunder so long as Tenant commences such cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. (b) In the event of any default by Tenant pursuant to Section 18(a) ------------- above, in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to also may terminate this Lease and as to all future rights of Tenant hereunder by giving written notice of such intention to terminateTenant. In the event that Landlord shall elect so to terminate this Lease, then Landlord may recover elect to receive from Tenant: (i) The worth at , in lieu of all future Monthly Net Rent, a lump sum equal to all Monthly Net Rent payable from the time date of award of any unpaid rent which had been earned at the time of such termination; plus (ii) The worth at the time of award of the amount by which the unpaid rent which default through what would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of award remainder of the amount by which Term, minus the unpaid rent estimated rental value of the Premises for the balance same period. If Landlord elects this remedy, the rental value will be based on Landlord's estimates and assumptions, unless they are clearly shown to be erroneous, and the Monthly Net Rent and rental value will be discounted to present value at an assumed interest rate equal to the Interest Rate. Tenant waives any right of restoration to possession of the Term Premises after re-entry, notice of termination, or judgment for possession. If this Lease is terminated under this Section 12.1, Tenant will indemnify Landlord against all loss of -17- rents and other costs and damages which Landlord may incur as a result of the time termination for the remainder of award exceeds the amount Term, and against all related reasonable attorneys' fees, brokerage fees and other expenses, including, without limitation, the cost of such rental loss that preparing the Premises for re-letting. If Tenant proves could have been reasonably avoided; plus (iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform defaults in any of its obligations under this Lease, it will promptly reimburse Landlord for all costs (including, without limitation, reasonable attorneys' fees) incurred by Landlord in enforcing Tenant's obligations, whether or not this Lease is terminated and whether or which not suit is brought. No right or remedy will preclude any other right or remedy, no right or remedy will be exclusive of or dependent upon any other right or remedy, and any right or remedy may be exercised independently or in the ordinary course of things would be likely to result therefromcombination.

Tenant Defaults. (a) The occurrence of either any of the following shall constitute a default “default” by Tenant pursuant to this Lease: hereunder: (ia) Tenant's failure Tenant fails to pay Rent when due under this Leaseany installment or other payment of Rent or any other amount owing to Landlord, where and such failure continues for ten (10) business days after notice that such payment is due thereof given by or on behalf of Landlord [***] relating to [***] shall only [***] and thereafter [***] in connection therewith [***]; or (which notice shall b) Tenant fails to keep in effect any insurance required to be lieu of maintained hereunder, and not in addition to any notice required under applicable law); and (ii) Tenant's failure to observe or perform any covenant, term or condition of this Lease (other than the payment of Rent) where such failure continues for thirty (30) days after notice thereof from Landlord given by or on behalf of Landlord; or (c) Tenant becomes insolvent, makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy or an involuntary petition in bankruptcy is filed against Tenant which petition is not dismissed within sixty (60) days of written notice to Tenant of its filing; or (which d) Tenant fails to cause to be released any mechanic’s liens filed against the Premises, the Building or the Project or any portion thereof within twenty (20) days after Tenant receives written notice that the same has been filed or recorded; or (e) Tenant fails to observe or perform according to the provisions of Article 17 or 18 within the time periods specified therein; or (f) A receiver is appointed for Tenant’s business or assets and the appointment of such receiver is not vacated within sixty (60) days after written notice to Tenant of such appointment; or (g) Tenant fails to perform or observe any of the other covenants, conditions or agreements contained herein on Tenant’s part to be kept or performed or breaches a representation made hereunder, and such failure shall be lieu continue for thirty (30) days after notice thereof is given by or on behalf of and not in addition to any notice required under applicable law); provided that Landlord, or if such failure default is curable but cure cannot reasonably be cured effected within such thirty (30) day period, Tenant such default shall not be in a default hereunder so long as Tenant promptly commences such cure within such said thirty (30) day notice period and thereafter diligently prosecutes such cure to completion. (b) In the , provided, however, that any breach by Tenant of a representation set forth in this Lease shall not be deemed an event of any default by Tenant pursuant unless such breach (i) has an adverse economic consequence vis-à-vis Landlord, (ii) exposes Landlord to Section 18(agovernmental or regulatory action or (iii) ------------- abovecauses Landlord or the Building to be violation of applicable Law. All notices required to be given under this Article 19.A. shall be in lieu of, and not in addition to any other remedies available notice requirements imposed by Law now or hereafter in effect unless the Law requires a longer time period. If Tenant hereunder files a voluntary petition pursuant to Landlord at law the United States Bankruptcy Reform Act of 1978, as the same may be from time to time be amended (the “Bankruptcy Code”), or in equitytake the benefit of any insolvency act or be dissolved, or if an involuntary petition or proceeding for dissolution or liquidation is filed against Tenant pursuant to the Bankruptcy Code and said petition is not dismissed within sixty (60) days after notice to Tenant of such filing, or if a proceeding for the appointment of a trustee or a receiver is commenced for Tenant’s business or all or a portion of its assets and the appointment of such receiver is not vacated within sixty (60) days after notice to Tenant of such appointment, or if Tenant shall make an assignment for the benefit of its creditors, then Landlord shall have all of the immediate option rights provided for in the event of nonpayment of the Rent. Tenant hereby stipulates to terminate the lifting of the automatic stay in effect and relief from such stay in the event Tenant files a petition under the Bankruptcy Code, for the purpose of Landlord pursuing its rights and remedies against Tenant under this Lease Lease. If any alleged default on the part of the Landlord hereunder occurs, Tenant shall give written notice to Landlord in the manner herein set forth and all rights Landlord shall cure any such default within thirty (30) days after notice thereof is given by or on behalf of Tenant, or if such default is curable but cure cannot reasonably be effected within such thirty (30) day period, such default shall not be a default hereunder so long as Landlord promptly commences cure within said thirty (30) day notice period and thereafter diligently prosecutes such cure to completion. In addition, Tenant hereunder by giving written shall send notice of such intention default by certified or registered mail, postage prepaid, to terminatethe holder of any Mortgage whose address Tenant has been provided in writing, and shall afford such Mortgage holder a reasonable opportunity to cure any alleged default on Landlord’s behalf. In the no event that will Landlord shall elect so to terminate this Leasebe responsible for any damages incurred by Tenant, then Landlord may recover from Tenant: (i) The worth at the time including but not limited to, lost profits or interruption of award business as a result of any unpaid rent which had been earned at the time of such termination; plus (ii) The worth at the time of award of the amount alleged default by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefromhereunder.

Tenant Defaults. Each of the following (a “Default”) is a material default by Tenant under this Lease: (a) The occurrence Tenant fails to pay when due any Rent or Additional Rent and the failure continues for five (5) business days following Landlord's written notice (which notice shall also be considered any demand required by any Laws). If, however, Landlord gives such a notice of either failure to pay Rent or Additional Rent three (3) times in any twelve (12)-month period, any additional failure to pay any Rent or Additional Rent when due within that twelve (12)-month period shall be considered a Default, without the requirement of the following shall constitute a default any notice by Tenant pursuant to this Lease: Landlord. (ib) Tenant's failure to pay Rent when due under this Leaseperform, where such failure continues for ten (10) days after notice that such payment is due (which notice shall be lieu of obey, or observe the rules and not in addition to any notice required under applicable law); regulations and (ii) Tenant's failure to observe or perform any covenant, term condition, agreement, or condition other obligation of this Lease (other than and the payment of Rent) where such failure continues for thirty (30) calendar days after following Landlord's written notice thereof from Landlord to Tenant (which notice shall be lieu of and not in addition to any notice required under applicable law); provided that if such failure Xxxxxx. If, however, compliance cannot not, with diligence, reasonably be cured fully accomplished within such that thirty (30) calendar day period, Tenant shall have an additional period not be in default hereunder so long as Tenant commences such cure within such to exceed thirty (30) calendar days to fully comply, provided Tenant notifies Landlord of its intention to comply (and specifying in reasonable detail the steps to be taken) and commences compliance within that initial thirty (30) calendar day period and thereafter diligently prosecutes such cure pursues compliance to completioncompletion with diligence and provides Landlord with status updates on the progress at least every fourteen (14) calendar days. (bc) In the event Tenant, or Guarantor (if appliable), initiate any legal action seeking any relief from its debts under any applicable bankruptcy or insolvency Laws; or a third party institutes against Tenant, or Guarantor (if applicable), any legal action seeking any relief from its debts under any applicable bankruptcy or insolvency Laws which is not dismissed within one hundred twenty (120) calendar days, or Tenant, or Guarantor (if applicable) institutes any legal action seeking such relief, and/or a receiver, trustee, custodian, or other similar official is appointed for Tenant, or Guarantor (if applicable), or for all or a substantial portion of any default by Tenant pursuant to Section 18(a) ------------- aboveits assets, in addition to or Tenant, or Guarantor (if applicable), commits any other remedies available to act indicating insolvency such as making an assignment for the benefit of its creditors. (d) Tenant's disorderly conduct that destroys the peace and quiet of the Landlord or the other tenants or occupants at law or in equity, the Commercial Property and such conduct continues for a period of thirty (30) calendar days after Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving gives Xxxxxx written notice thereof. (e) Xxxxxx's willful acts causing destruction, damage, or injury to the Leased Premises or the Commercial Property. (f) Other than as expressly allowed under the terms of such intention to terminate. In the event that Landlord shall elect so to terminate this Lease, then Landlord may recover from Tenant:Tenant fails to open for business and to continuously operate its business (subject to temporary closures for renovations, repairs, and maintenance) within the Leased Premises or vacates or abandons the Leased Premises before the Expiration Date. (ig) The worth at the time Guarantor (if applicable) shall be in breach of award of any unpaid rent which had been earned at the time of such termination; plus (ii) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under its guaranty of Tenant's obligations under this Lease or which in the ordinary course of things would be likely to result therefromLease.

Tenant Defaults. The occurrence of any one or more of the following events shall be considered events of default (a "Default") by Tenant under this Lease: (a) The occurrence Tenant shall fail to make any payment of either Base Rent, Premises Expenses or Taxes when due, and such failure shall continue for five (5) business days after notice thereof in writing to Tenant or Tenant shall fail to make any other payment of the following shall constitute a default by Tenant pursuant to this Lease: (i) Tenant's failure to pay Additional Rent when due under this Lease, where such failure continues for ten (10) days after notice that such payment is due (which notice shall be lieu of and not in addition to any notice required under applicable law); and (ii) Tenant's failure to observe or perform any covenant, term or condition of this Lease (other than the payment of Rent) where such failure continues for thirty (30) days after notice thereof from Landlord in writing to Tenant; (b) Tenant (which notice shall fail in keeping, observing or performing any of the other covenants or agreements herein contained to be lieu of kept, observed and not in addition to any notice required under applicable law); provided that if performed by Tenant, and such failure cannot reasonably be cured within such shall continue for thirty (30) day perioddays after notice thereof in writing to Tenant, Tenant or if such default shall be of a nature that it cannot practically be in default hereunder so long as Tenant commences such cure cured within such the thirty (30) day period and Tenant fails to commence the curing of the default within thirty (30)-days after such written notice, or to thereafter diligently prosecutes continuously prosecute and complete with due diligence the curing of such cure to completion.default; or (bc) In Tenant shall make any assignment for the event benefit of creditors or shall apply for or consent to the appointment of a receiver for themselves or any of their property; or (d) Tenant shall be adjudged an involuntary bankrupt, or a decree or order for reorganization under the Federal bankruptcy laws as now or hereafter amended, or under the laws of any default state, shall be entered against Tenant, and any such decree or judgment or order shall not have been vacated or set aside within sixty (60) days from the date of the entry or granting thereof; or (e) Tenant shall file or admit the jurisdiction of the court and the material allegations contained in any petition in bankruptcy or any petition pursuant to, or purporting to be pursuant to, the federal bankruptcy laws as now or hereafter amended, or Tenant shall institute any proceedings for any relief under any bankruptcy or insolvency laws or any laws relating to the relief of debtors, readjustment or indebtedness, reorganization, arrangements, composition or extension; or (f) The Premises are levied upon by any revenue officer or similar officer as the result of any act or omission of Tenant, and such levy or other related lien is not released of record within sixty (60) days from the date of such levy or other related lien; or (g) A decree or order appointing a receiver of all or substantially all of the property of Tenant pursuant shall be made and such decree or order shall not have been vacated or set aside within sixty (60) days from the date of entry or granting thereof; or (h) Tenant shall vacate the Premises during the term hereof and fail to Section 18(aprovide at Tenant's expense security guard services which will visit the Premises not less than twice per day on a daily basis during the remaining term hereof or shall vacate the Premises without having provided at least sixty (60) ------------- abovedays prior written notice thereof to Landlord. Upon the occurrence of any one or more of such events, Tenant shall be in addition to any other remedies available to Landlord at law or in equityDefault hereunder. Upon a Default by Tenant, Landlord shall have may retain all sums deposited with Landlord hereunder and apply the immediate option same to Tenant's obligations hereunder, and Landlord may, at its election, terminate this Lease or terminate Tenant `s right to possession only, without terminating the Lease. Upon termination of the Lease, or upon any termination of the Tenant's right to possession without termination of the Lease, Tenant shall surrender possession and all rights of vacate the Premises immediately, and deliver possession thereof to Landlord, and Tenant hereunder by giving written hereby grants to Landlord the full and free right, without demand or further notice of such intention any kind to terminateTenant, to enter into and upon the Premises, in accordance with law, and to repossess the Premises as Landlord's former estate and to expel or remove Tenant and any others who may be occupying the Premises, without being deemed in any manner guilty of trespass, eviction, or forcible entry or detainer, without incurring any liability for any damage resulting therefrom and without relinquishing Landlord's rights to Rent or any other right given Landlord hereunder or by operation of law. In the event that Tenant shall pay on demand all reasonable costs and expenses, including attorneys' fees and costs, incurred by Landlord shall elect so to terminate this Leasein recovering sums due hereunder, then Landlord may recover from Tenant: (i) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) The worth at the time of award recovering possession of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under Premises, or otherwise enforcing this Lease or which in the ordinary course of things would be likely pursuing Landlord's rights and remedies against Tenant or any assignee, sublessee or other transferee. Landlord shall use such commercially reasonable efforts as are then required by Illinois law to result therefrommitigate its damages resulting from Tenant's Default.

Tenant Defaults. (a) The occurrence of either of the following shall constitute a default by Tenant pursuant to this Lease: (i) Tenant's ’s failure to pay Rent rent when due under this Lease, where such failure continues for ten five (105) days after notice that such payment is due (which notice shall be lieu of and not in addition to any notice required under applicable law)due; and (ii) Tenant's ’s failure to observe or perform any covenant, term or condition of this Lease (other than the payment of Rentrent) where such failure continues for thirty (30) days after notice thereof from Landlord to Tenant (which notice shall be lieu of and not in addition to any notice required under applicable law)Tenant; provided that if such failure cannot reasonably be cured within such thirty (30) day period, Tenant shall not be in default hereunder so long as Tenant commences such cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. (b) In the event of any default by Tenant pursuant to Section 18(a) ------------- above, in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall elect so to terminate this Lease, then Landlord may recover from Tenant: (i) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's ’s failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom.

Tenant Defaults. (a) The occurrence of either Until expiration of the Due Diligence Period, Seller reserves the right to institute summary proceedings against any tenant on any default or failure to perform by any such tenant prior to the Closing. It is agreed that no representations have been made and no responsibility is assumed by Seller with respect to the continued occupancy of the Property or any part thereof by any tenant or tenants or subtenant or subtenants now or hereafter in possession. Except with respect to the Tenant under the Specified Lease, commencing on the day following expiration of the Due Diligence Period, Seller will not institute any proceedings against a tenant without Purchaser’s prior approval which approval may be granted or withheld in Purchaser’s sole and absolute discretion, except that Seller may institute a proceeding for delinquent rent without Purchaser’s consent, provided it is brought within sixty (60) days of the Closing Date and does not seek eviction of tenant. If Purchaser fails to respond within five (5) business days after Purchaser receives written notice of Seller’s intent to commence proceedings, then Seller shall constitute provide a default by Tenant pursuant second notice (the “Second Notice”) which provides at the top of such notice in all capital letters as follows: “PURCHASER’S FAILURE TO APPROVE OR DISAPPROVE OF THE REQUEST FOR COMMENCEMENT OF PROCEEDINGS WITHIN TWO (2) BUSINESS DAYS OF YOUR RECEIPT OF THIS NOTICE SHALL BE CONSTRUED AS PURCHASER’S DEEMED APPROVAL OF SUCH REQUEST.” If Purchaser fails to this Lease: respond within two (2) business days of receiving Seller’s Second Notice then Purchaser will be deemed to have approved commencement of proceedings. Seller shall provide Purchaser prompt notice of (i) Tenant's failure to pay Rent when due under this Leaseany material monetary default by any tenant of the Property, where such failure continues for ten (10) days after notice that such payment is due (which notice shall be lieu of and not in addition to any notice required under applicable law); and (ii) Tenant's failure to observe or perform delivery of any covenant, term or condition notice of this Lease (other than the payment of Rent) where such failure continues for thirty (30) days after notice thereof from Landlord to Tenant (which notice shall be lieu of and not in addition default to any notice required under applicable law); provided that if such failure cannot reasonably be cured within such thirty (30) day period, Tenant shall not be in default hereunder so long as Tenant commences such cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. (b) In the event of any default by Tenant pursuant to Section 18(a) ------------- above, in addition to any other remedies available to Landlord at law tenant or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall elect so to terminate this Lease, then Landlord may recover from Tenant: (i) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (iii) The worth at the time commencement of award any proceeding against any tenant of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Property. Nothing herein shall prevent Seller from instituting proceedings against Tenant proves could have been reasonably avoided; plus (iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefromevent there occurs a Material Default (as defined under the Specified Lease) under the Specified Lease.

Tenant Defaults. (a) The occurrence of either any one or more of the following events shall constitute a default of this Lease by Tenant pursuant (a “Tenant Default”), provided, however, that no Tenant Default shall exist until expiration of any cure period set forth below: 12.1.1 The abandonment of the Premises by Tenant. 12.1.2 The failure by Tenant to this Lease: (i) Tenant's failure make any payment of Rent or any other payment required to pay Rent when due under this Lease, be made by Tenant hereunder where such failure continues shall continue for a period of ten (10) business days after written notice that such payment is due (which notice shall be lieu of and not in addition from Landlord to any notice required under applicable law); and (ii) Tenant's . 12.1.3 The failure by Tenant materially to observe or perform any covenantof the material covenants, term conditions or condition provisions of, or Tenant’s breach of any material representation or warranty set forth in, this Lease (or the ** Lease to be observed or performed by Tenant, other than the payment of Rent) described in Section 12.1.2, where such failure continues shall continue for a period of thirty (30) days after written notice thereof from Landlord to Tenant (which notice shall be lieu of and not in addition to any notice required under applicable law)Tenant; provided provided, however, that if such failure canis not reasonably be capable of being cured within such thirty- (30-) day period and if Tenant promptly commences and diligently pursues the cure of such failure, then such period shall be extended as necessary to permit Tenant to cure such failure provided that such period of time shall not be so extended as to subject Landlord to any liability, loss or penalty and that throughout such period Tenant complies fully with all of its other obligations under this Lease, including, but not limited to, the payment of Rent at the time required hereunder. 12.1.4 If (a) Tenant makes any general arrangement or assignment for the benefit of creditors; (b) Tenant becomes a “debtor” as defined in 11 U.S.C. Section 101 or any successor statute thereto (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days); (c) a trustee or receiver is appointed to take possession of all or substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where possession is not restored to Tenant within thirty (30) day perioddays; or (d) all or substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, Tenant shall is subjected to attachment, levy, execution or other judicial seizure, and such seizure is not be in default hereunder so long as Tenant commences such cure discharged within such thirty (30) day period and thereafter diligently prosecutes such cure to completiondays. (b) 12.1.5 The discovery by Landlord that any financial statement provided to Landlord by Tenant, or any successor-in-interest of Tenant, or any guarantor of Tenant’s obligations hereunder, was materially false at the time it was provided. 12.1.6 In the event of any default by that Tenant pursuant fails to Section 18(a) ------------- above, in addition to pay Rent or any other remedies available to Landlord at law or in equitypayment required hereunder when due, and Landlord shall have provided Tenant with a default notice twice during any twelve (12) month period, then any future installment of Rent, or any other payment required hereunder, which is not paid when due shall result in an automatic assessment of a late charge of five percent (5%) of the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminateamount overdue. In the event that Tenant fails to materially comply with any other term, covenant or condition of this Lease twice during any twelve (12) month period during the term hereof and Landlord has provided Tenant with written notices of such failures, then the Tenant shall elect so not thereafter during the subsequent twelve (12) month period be entitled to terminate a notice from Landlord nor to a cure period with respect to any future failure of Tenant to comply with such term, covenant or condition of this Lease, then Landlord may recover from Tenant: (i) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom.

Tenant Defaults. (a) The In addition to any other event of default set forth in this Lease, the occurrence of either any one or more of the following events shall constitute a default by Tenant: (a) The failure by Tenant to make any payment of rent or additional rent required to be made by Tenant as and when due where the failure continues for period of three (3) days after written notice from Landlord to Tenant; provided however that any such notice shall be in lieu of and not in addition to, any notice required under California Code of Civil Procedure Section 1161 and 1161(a) as amended For purposes of these default and remedies provisions the term "additional rent" shall be deemed to include all amounts of any type whatsoever other than Basic Rent to be paid by Tenant pursuant to the terms of this Lease: . (ib) Assignment sublease encumbrance or other transfer of the Lease by Tenant either voluntarily or by operation of law whether by judgment execution transfer by intestacy or testacy or other means without the prior written consent of landlord. (c) The discovery by Landlord that any financial statement provided by Tenant's , or by any affiliate, successor or guarantor of Tenant, was materially false. (d) The failure or inability by Tenant to pay Rent when due under observe or perform any of the express or implied covenants or provisions of this Lease, Lease to be observed or performed by Tenant other thin as specified in any other subsection of this Section where such the failure continues for ten (10a period of thirty 130) days after written notice from Landlord to Tenant provided however that any such payment is due (which notice shall be in lieu of and not in addition to any notice required under applicable law); California Code of Civil Procedure Section 1161 and (ii1161(a) Tenant's as amended However if the nature of the failure to observe or perform any covenant, term or condition of this Lease (other is such that more than the payment of Rent) where such failure continues for thirty (30) days after notice thereof from Landlord are reasonably required for its cure then Tenant shall not be deemed to be in default if Tenant (which notice shall be lieu of and not in addition to any notice required under applicable law); provided that if such failure cannot reasonably be cured commences the cure within such thirty (30) day period, Tenant shall not be in default hereunder so long as Tenant commences such cure within such thirty (30) day period days and thereafter diligently prosecutes such pursues the cure to completion. (bi) In the event The making by Tenant of any default general assignment for the benefit of creditors (ii) the filing by or against Tenant pursuant of a petition to Section 18(ahave Tenant adjudged Chapter 7 debtor under the bankruptcy Code or to have debts discharged or a petition for reorganization or arrangement under any taw relating to bankruptcy (unless in the case of e petition filed against Tenant the same is dismissed within sixty (60) ------------- above, days); (iii) the appointment of a trustee or receiver to substantially possession of substantially all of Tenant's asset located at the Premises or of Tenant's interest in addition this Lease if possession is not restored to Tenant within thirty (30) days; (iv) the attachment 35 execution or other judicial seizure of substantially all of Tenant's assets located et the Premises or of Tenant's interest in this Lease where the seizure is not discharged within thirty (30) days or (v) Tenant's convening of meeting of its creditors for the purpose of effecting a moratorium upon or composition of Its debts Landlord shall not be deemed to have knowledge of any other remedies available event described in this subsection unless notification in writing is received by Landlord nor shall there be any presumption attributable to Landlord at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminateTenant's insolvency. In the event that Landlord any provision of this subsection is contrary to applicable law the provision shall elect so to terminate this Lease, then Landlord may recover from Tenant: (i) The worth at the time be of award of any unpaid rent which had been earned at the time of such termination; plus (ii) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (iii) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease no force or which in the ordinary course of things would be likely to result therefromeffect.