Common use of TENANT'S DEFAULT; LANDLORD'S REMEDIES Clause in Contracts

TENANT'S DEFAULT; LANDLORD'S REMEDIES. If Tenant shall: (i) default in the payment when due of any Basic Rent, Additional Rent, or any other charges hereunder, and such default shall continue for five (5) days after written notice from Landlord of such default; or (ii) if Tenant shall default in the performance or observance of any of the other covenants contained in this Lease on Tenant’s part to be performed or observed and shall fail, within thirty (30) days after written notice from Landlord of such default, to cure such default, or if such cure cannot reasonably be completed within thirty (30) days, if Tenant fails promptly to commence such cure, and thereafter diligently complete it (and in any event within sixty (60) days following the end of said thirty (30) day period); or (iii) if the estate hereby created shall be taken on execution, or by other process of law or if Tenant shall be found, under Title 11 of the United States Code as from time to time in effect, or under any applicable law, other than said Title 11, of any jurisdiction relating to the liquidation or reorganization of debtors or to the modification or alteration of the rights of creditors, to be bankrupt or insolvent, or an order by a court of competent jurisdiction shall be entered approving its liquidation or reorganization or any modification or alteration of the rights of its creditors (which order is not discharged within 60 days after such entry) or assuming custody of, or appointing a receiver or other custodian for, all or a substantial part of its property (in every such case, a “Default of Tenant”); then, and in any of said cases, Landlord may, to the extent permitted by law, immediately or at any time thereafter and without demand or notice, terminate this Lease and enter into and upon the Premises, or any part thereof in the name of the whole, and repossess the same as of Landlord’s former estate, and, by any lawful means, expel Tenant and those claiming through or under Tenant and remove its effects without being deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant. No termination or repossession provided for in this Paragraph 23 shall relieve Tenant or any guarantor of the obligations of Tenant under this Lease of or from its liabilities and obligations under this Lease, all of which shall survive any such termination or repossession. In the event of any such termination or repossession, Tenant shall pay to Landlord either: (i) in advance on the first day of each month, for what would have been the entire balance of the Term one-twelfth (1/12) (and a pro rata portion thereof for any fraction of a month) of the annual Basic Rent, Additional Rent and all other amounts for which Tenant is obligated hereunder, less, in each case, the actual net receipts by Landlord by reason of any reletting of the Premises after deducting Landlord’s expenses in connection with such reletting, including, without limitation, removal, storage and repair and renovation costs and reasonable brokers’ and attorneys’ fees; or (ii) at the option of Landlord exercisable by Landlord’s giving notice to Tenant within thirty (30) days after any such termination, an amount equal to the amount by which the payments of Basic Rent and Additional Rent reasonably estimated to be payable for the balance of the Term after the date of the exercise of said option would exceed the payments reasonably estimated to be the fair rental value of the Premises over such period, determined as of such date. Landlord will use reasonable efforts to mitigate its damages. Without thereby affecting any other right or remedy of Landlord hereunder, Landlord may, at its option, cure for Tenant’s account any default by Tenant hereunder which remains uncured after said thirty (30) days’ notice of default from Landlord to Tenant, and the cost to Landlord of such cure shall be deemed to be Additional Rent and shall be paid to Landlord by Tenant with the installment of Basic Rent next accruing, together with interest thereon, from the date so expended until the date repaid, at the annual rate of ten percent (10%). Without thereby affecting any other right or remedy of Landlord hereunder, Landlord may, at its option, charge Tenant a late charge in the amount of five percent (5%) of the amount overdue in connection with any Basic Rent or Additional Rent not paid within five (5) days of the date when due.

TENANT'S DEFAULT; LANDLORD'S REMEDIES. 18.1. If Tenant shall: (i) default fails to pay any payment of Rent as provided in the payment when due of any Basic Rent, Additional Rent, or any other charges hereunder, this Lease and such default shall continue failure continues for five (5) days after written notice from Landlord of such defaultfollowing the date when due; or (ii) if Tenant shall default in the performance breaches any other agreement, covenant or observance of any of the other covenants contained in this Lease on Tenant’s part obligation herein set forth and fails to be performed or observed and shall fail, cure such breach within thirty fifteen (3015) days after written notice thereof from Landlord of such default(provided, however, Tenant shall not be deemed in default with respect to cure such defaultany matter which, or if such cure canby its nature (as same shall be determined by Landlord in its sole discretion), may not reasonably be completed cured within thirty fifteen (3015) days, if Tenant fails shall promptly within such fifteen (15) day period commence to commence cure such cure, default and thereafter diligently complete it prosecute the cure to completion), Landlord may terminate this Lease upon five (5) business days' notice to Tenant sent at any time thereafter, but before Tenant has cured or removed the cause for such event of default and in any termination. Upon the giving of a notice as set forth above, Tenant's right to cure the cause for such event within sixty of default and termination shall cease. Such termination shall take effect on the fifth (605th) days business day following the end giving of said thirty (30) day period); or (iii) if the estate hereby created such notice to Tenant, and shall be taken on executionwithout prejudice to any remedy Landlord might otherwise have for any prior breach of covenant. If this Lease shall be terminated as herein provided, or by in addition to any other process of remedies which Landlord shall have at law or if Tenant shall be foundin equity, under Title 11 including, without limitation the right to recover the value of the United States Code as from time to time in effect, or under any applicable law, other than said Title 11, of any jurisdiction relating to the liquidation or reorganization of debtors or to the modification or alteration unexpired term of the rights of creditors, to be bankrupt or insolvent, or an order by a court of competent jurisdiction shall be entered approving its liquidation or reorganization or any modification or alteration of the rights of its creditors (which order is not discharged within 60 days after such entry) or assuming custody of, or appointing a receiver or other custodian for, all or a substantial part of its property (in every such case, a “Default of Tenant”); then, and in any of said casesLease, Landlord may, to may reenter the extent permitted by law, immediately or Demised Premises at any time thereafter and remove therefrom Tenant, Tenant's agents and subtenants either by dispossess proceedings or by a suitable action or proceeding at law and without demand or notice, terminate this Lease and enter into and upon any liability on the Premises, or any part thereof in the name of the whole, and repossess the same as of Landlord’s former estate, and, . Tenant waives any rights to the service of any notice of Landlord's intention to re enter provided for by any lawful means, expel Tenant and those claiming through present or under Tenant and remove its effects without being deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant. No termination or repossession provided for in this Paragraph 23 shall relieve Tenant or any guarantor of the obligations of Tenant under this Lease of or from its liabilities and obligations under this Lease, all of which shall survive any such termination or repossession. In the event of any such termination or repossession, Tenant shall pay to Landlord either: (i) in advance on the first day of each month, for what would have been the entire balance of the Term one-twelfth (1/12) (and a pro rata portion thereof for any fraction of a month) of the annual Basic Rent, Additional Rent and all other amounts for which Tenant is obligated hereunder, less, in each case, the actual net receipts by Landlord by reason of any reletting of the Premises after deducting Landlord’s expenses in connection with such reletting, including, without limitation, removal, storage and repair and renovation costs and reasonable brokers’ and attorneys’ fees; or (ii) at the option of Landlord exercisable by Landlord’s giving notice to Tenant within thirty (30) days after any such termination, an amount equal to the amount by which the payments of Basic Rent and Additional Rent reasonably estimated to be payable for the balance of the Term after the date of the exercise of said option would exceed the payments reasonably estimated to be the fair rental value of the Premises over such period, determined as of such date. Landlord will use reasonable efforts to mitigate its damages. Without thereby affecting any other right or remedy of Landlord hereunder, Landlord may, at its option, cure for Tenant’s account any default by Tenant hereunder which remains uncured after said thirty (30) days’ notice of default from Landlord to Tenant, and the cost to Landlord of such cure shall be deemed to be Additional Rent and shall be paid to Landlord by Tenant with the installment of Basic Rent next accruing, together with interest thereon, from the date so expended until the date repaid, at the annual rate of ten percent (10%). Without thereby affecting any other right or remedy of Landlord hereunder, Landlord may, at its option, charge Tenant a late charge in the amount of five percent (5%) of the amount overdue in connection with any Basic Rent or Additional Rent not paid within five (5) days of the date when duefuture law.

TENANT'S DEFAULT; LANDLORD'S REMEDIES. If (a) It is mutually covenanted and agreed that if Tenant shall: shall fail to keep and perform all of the covenants, conditions and agreements herein made binding upon Tenant, and if such failure continues for 10 days (i) default in the payment when due of with respect to any Basic Rent, Additional Rentmonetary default), or 30 days (with respect to any other charges hereundernon-monetary default), and such default shall continue for five (5) days after written notice from Landlord of to Tenant identifying such default; or (ii) failure, if Tenant shall default in vacate or abandon the performance or observance of any of the other covenants contained in this Lease on Tenant’s part to be performed or observed and shall fail, within thirty (30) days after written notice from Landlord of such default, to cure such defaultPremises, or if such cure cannot reasonably be completed within thirty (30) days, if Tenant fails promptly to commence such cure, and thereafter diligently complete it (and in any event within sixty (60) days following the end of said thirty (30) day period); or (iii) if the estate hereby created shall be taken on execution, execution or by other process of law law, or if Tenant shall petition to be founddeclared or shall be declared bankrupt or insolvent according to law, under Title 11 or if a receiver or similar officer shall be appointed to take charge of all or any part of the United States Code as from time to time in effectproperty of Tenant, or under if any applicable law, other than said Title 11, assignment shall be made of any jurisdiction relating to Tenant's property for the liquidation or reorganization of debtors or to the modification or alteration of the rights benefit of creditors, to be bankrupt or insolvent, or an order by a court of competent jurisdiction shall be entered approving its liquidation or reorganization or any modification or alteration of the rights of its creditors (which order is not discharged within 60 days after such entry) or assuming custody of, or appointing a receiver or other custodian for, all or a substantial part of its property (then and in every each such case, a “Default at the sole option of Landlord, Tenant”); then, 's right of possession shall thereupon cease and in any determine and Landlord shall be entitled to possession of said cases, Landlord may, the Premises and to re-enter the extent permitted by law, immediately same without further demand of rent or at any time thereafter and without demand or notice, terminate this Lease and enter into and upon of possession of the Premises, or any part and may, forthwith recover possession thereof by whatever process of law may be available in the name jurisdiction in which the Premises may be located, any notice to quit or of the wholeintention to re-enter being hereby expressly waived by Tenant, and repossess the same as or Landlord may retake possession without process of Landlord’s former estate, and, by any lawful means, expel Tenant and those claiming through or under Tenant law and remove all persons and property therefrom without becoming liable in damages, unless resulting from the willful acts of Landlord or its effects without being deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant. No termination or repossession provided for in this Paragraph 23 shall relieve Tenant or any guarantor of the obligations of Tenant under this Lease of or from its liabilities and obligations under this Lease, all of which shall survive any such termination or repossessionagents. In the event of any such termination re-entry or repossessionre-taking, Tenant shall pay nevertheless remain liable and answerable for the full rental to the date of such re-taking or re-entry, and for damages for the deficiency or loss of rent which Landlord either: (i) may thereby sustain in advance on respect of the first day of each month, for what would have been the entire balance of the Term one-twelfth (1/12) (term; and a pro rata portion thereof in such case, Landlord shall use reasonable efforts to let the Premises for any fraction the benefit of a month) and as the agent for Tenant, in liquidation and discharge, in whole or in part, as the case may be, of the annual Basic Rentliability of Tenant hereunder; and such damages, Additional Rent and all other amounts for which Tenant is obligated hereunder, less, in each case, the actual net receipts by Landlord by reason of any reletting of the Premises after deducting Landlord’s expenses in connection with such reletting, including, without limitation, removal, storage and repair and renovation costs and reasonable brokers’ and attorneys’ fees; or (ii) at the option of Landlord exercisable by Landlord’s giving notice to Tenant within thirty (30) days after any such termination, an amount equal to may be recovered at the amount by which the payments of Basic Rent and Additional Rent reasonably estimated to be payable for the balance time of the Term after the date of the exercise of said option would exceed the payments reasonably estimated to be the fair rental value of the Premises over such periodre-taking or re-entry, determined as of such date. Landlord will use reasonable efforts to mitigate its damages. Without thereby affecting any other right or remedy of Landlord hereunder, Landlord may, at its option, cure for Tenant’s account any default by Tenant hereunder which remains uncured after said thirty (30) days’ notice of default from Landlord to Tenant, and the cost to Landlord of such cure shall be deemed to be Additional Rent and shall be paid to Landlord by Tenant with the installment of Basic Rent next accruing, together with interest thereon, from the date so expended until the date repaid, at the annual rate of ten percent (10%). Without thereby affecting any other right or remedy of Landlord hereunder, Landlord may, at its option, charge Tenant a late charge in the amount of five percent (5%) of the amount overdue in connection with any Basic Rent or Additional Rent not paid within five (5) days of the date when due.separate actions

TENANT'S DEFAULT; LANDLORD'S REMEDIES. A. If Tenant shall: (i) default shall be made in payment of the Rent or any installment thereof or in the payment when due of any Basic Rent, Additional Rent, or any other charges hereunder, sum required to be paid by Tenant under this Lease and such default shall continue for five (5) days after written notice from Landlord of such default; due date, or (ii) if Tenant default shall default be made in the observance or performance or observance of any of the other covenants contained or conditions in this Lease on Tenant’s part which Tenant is required to be performed or observed observe and perform and such default shall fail, within continue for thirty (30) days after written notice from Landlord of such defaultto Tenant, to cure such default, or provided that if such cure default cannot reasonably be completed within thirty (30) days, if Tenant fails promptly to commence such cure, and thereafter diligently complete it (and in any event within sixty (60) days following the end of said thirty (30) day period); or (iii) if the estate hereby created shall be taken on execution, or by other process of law or if Tenant shall be found, under Title 11 of the United States Code as from time to time in effect, or under any applicable law, other than said Title 11, of any jurisdiction relating to the liquidation or reorganization of debtors or to the modification or alteration of the rights of creditors, to be bankrupt or insolvent, or an order by a court of competent jurisdiction shall be entered approving its liquidation or reorganization or any modification or alteration of the rights of its creditors (which order is not discharged within 60 days after such entry) or assuming custody of, or appointing a receiver or other custodian for, all or a substantial part of its property (in every such case, a “Default of Tenant”); then, and in any of said cases, Landlord may, to the extent permitted by law, immediately or at any time thereafter and without demand or notice, terminate this Lease and enter into and upon the Premises, or any part thereof in the name of the whole, and repossess the same as of Landlord’s former estate, and, by any lawful means, expel Tenant and those claiming through or under Tenant and remove its effects without being deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant. No termination or repossession provided for in this Paragraph 23 shall relieve Tenant or any guarantor of the obligations of Tenant under this Lease of or from its liabilities and obligations under this Lease, all of which shall survive any such termination or repossession. In the event of any such termination or repossession, Tenant shall pay to Landlord either: (i) in advance on the first day of each month, for what would have been the entire balance of the Term one-twelfth (1/12) (and a pro rata portion thereof for any fraction of a month) of the annual Basic Rent, Additional Rent and all other amounts for which Tenant is obligated hereunder, less, in each case, the actual net receipts by Landlord by reason of any reletting of the Premises after deducting Landlord’s expenses in connection with such reletting, including, without limitation, removal, storage and repair and renovation costs and reasonable brokers’ and attorneys’ fees; or (ii) at the option of Landlord exercisable by Landlord’s giving notice to Tenant cured within thirty (30) days after any the period of grace shall be extended for so long as Tenant in good faith is diligently prosecuting a cure, but, in no event whatsoever, shall such terminationcure period extend beyond ninety (90) days, an amount equal or if a default involves a hazardous condition and is not cured or action commenced to the amount by which the payments of Basic Rent and Additional Rent reasonably estimated to be payable for the balance of the Term after the date of the exercise of said option would exceed the payments reasonably estimated to be the fair rental value of the Premises over such period, determined as of such date. Landlord will use reasonable efforts to mitigate its damages. Without thereby affecting any other right or remedy of Landlord hereunder, Landlord may, at its option, cure for Tenant’s account any default by Tenant hereunder which remains uncured after said immediately upon written notice to Tenant, or if the interest of Tenant in this Lease shall be levied or under execution or other legal process, or if any voluntary petition in bankruptcy or for corporate reorganization or any similar relief shall be filed by Tenant, or if any involuntary petition in bankruptcy shall be filed against Tenant under any federal or state bankruptcy or insolvency act and shall not have been dismissed within thirty (30) days’ days from the filing thereof, or if a receiver shall be appointed for Tenant or any of the property of Tenant by any court and such receiver shall not have been dismissed within thirty (30) days from the date of his appointment, or if Tenant shall make an assignment for the benefit of creditors, or if Tenant shall admit in writing Tenant’s inability to meet Tenant’s debts as they mature, or if Tenant shall abandon and cease paying Rent for the Premises during the Term, then Landlord may treat the occurrence of anyone or more of the foregoing events as a breach of this Lease, and thereupon at its option may by process of law and without breaching the peace, with notice of default from Landlord to Tenant, and the cost to Landlord of such cure shall be deemed to be Additional Rent and shall be paid to Landlord by Tenant with the installment of Basic Rent next accruing, together with interest thereon, from the date so expended until the date repaid, at the annual rate of ten percent (10%). Without thereby affecting have any other right one or remedy of Landlord hereunder, Landlord may, at its option, charge Tenant a late charge in the amount of five percent (5%) more of the amount overdue following described remedies in connection with any Basic Rent addition to all other rights and remedies provided at law or Additional Rent not paid within five (5) days of the date when due.in equity or elsewhere herein:

TENANT'S DEFAULT; LANDLORD'S REMEDIES. If Tenant shall: (ia) default in In the event of the non-payment when due of any the Basic Rent, Rent or Additional Rent, or any other charges hereunderinstallment thereof, at the times and in the manner above provided, and such if the same shall remain in default shall continue for five (5) days after written notice from Landlord of such default; or (ii) if Tenant shall default in the performance or observance of any of the other covenants contained in this Lease on Tenant’s part to be performed or observed and shall failbecoming due, within thirty (30) days after written notice from Landlord of such default, to cure such default, or if such cure cannot reasonably be completed within thirty (30) days, if Tenant fails promptly to commence such cure, and thereafter diligently complete it (and in any event within sixty (60) days following the end of said thirty (30) day period); or (iii) if the estate hereby created shall be taken on execution, or by other process of law or if Tenant shall be founddispossessed for non-payment of such rent, under Title 11 or if the Premises shall be deserted or vacated, Landlord or its agents shall have the right to and may enter the Premises as the agent of Tenant, either by force or otherwise, without being liable for any prosecution or damages therefor, and may relet the Premises as the agent of the United States Code Tenant, and receive the rent therefor, upon such terms as shall be satisfactory to Landlord, and all rights of the Tenant to repossess the Premises under this Lease shall be forfeited. Such re-entry by Landlord shall not operate to release Tenant from time any rent to time be paid or covenants to be performed hereunder during the full term of this Lease. For the purpose of reletting, Landlord shall be authorized to make such repairs or alterations in effect, or under any applicable law, other than said Title 11, of any jurisdiction relating to the liquidation or reorganization of debtors or to the modification Premises as may be necessary to place the same in good order and condition. Tenant shall be liable to Landlord for the cost of such repairs or alteration alterations, and all expenses of such reletting. If the rights of creditors, sum realized or to be bankrupt realized from the reletting is insufficient to satisfy the monthly or insolvent, or an order by a court of competent jurisdiction shall be entered approving its liquidation or reorganization or any modification or alteration of the rights of its creditors (which order is not discharged within 60 days after such entry) or assuming custody of, or appointing a receiver or other custodian for, all or a substantial part of its property (term rent provided in every such case, a “Default of Tenant”); then, and in any of said cases, Landlord may, to the extent permitted by law, immediately or at any time thereafter and without demand or notice, terminate this Lease and enter into and upon the Premises, or any part thereof in the name of the whole, and repossess the same as of Landlord’s former estate, and, by any lawful means, expel Tenant and those claiming through or under Tenant and remove its effects without being deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant. No termination or repossession provided for in this Paragraph 23 shall relieve Tenant or any guarantor of the obligations of Tenant under this Lease of or from its liabilities and obligations under this Lease, all of which shall survive any such termination or repossession. In the event of any such termination or repossession, Tenant shall pay to Landlord either: (i) in advance on the first day of each month, for what would have been the entire balance of the Term one-twelfth (1/12) (and a pro rata portion thereof for any fraction of a month) of the annual Basic Rent, Additional Rent and all other amounts for which Tenant is obligated hereunder, less, in each case, the actual net receipts by Landlord by reason of any reletting of the Premises after deducting Landlord’s expenses in connection with such reletting, including, without limitation, removal, storage and repair and renovation costs and reasonable brokers’ and attorneys’ fees; or (ii) at the option of Landlord exercisable by Landlord’s giving notice to Tenant within thirty (30) days after any such termination, an amount equal to the amount by which the payments of Basic Rent and Additional Rent reasonably estimated to be payable for the balance of the Term after the date of the exercise of said option would exceed the payments reasonably estimated to be the fair rental value of the Premises over such period, determined as of such date. Landlord will use reasonable efforts to mitigate its damages. Without thereby affecting any other right or remedy of Landlord hereunder, Landlord may, at its option, cure may require tenant to pay such deficiency month by month, or may hold liable the Tenant in advance for Tenant’s account the entire deficiency to be realized during the term of the reletting. Tenant shall not be entitled to any default by surplus accruing as a result of the reletting. Landlord is hereby granted a lien, in addition to any statutory lien or right to distrain that may exist, on all personal property of Tenant hereunder which remains uncured after said thirty (30) days’ notice in or upon the Premises, to secure payment of default from the rent and performance of the covenants and conditions of this Lease. Landlord to shall have the right, as agent of Tenant, to take possession of any furniture, fixtures or other personal property of Tenant found in or about the Premises, and sell the cost same at public or private sale and to apply the proceeds thereof to the payment of any monies becoming due under this Lease, Tenant hereby waiving the benefit of all laws exempting property from execution, levy and sale on distress or judgment. Tenant agrees to pay, as additional rent, all reasonable attorneys' fees and other expenses incurred by Landlord of such cure shall be deemed to be Additional Rent and shall be paid to Landlord by Tenant with the installment of Basic Rent next accruing, together with interest thereon, from the date so expended until the date repaid, at the annual rate of ten percent (10%). Without thereby affecting in enforcing any other right or remedy of Landlord hereunder, Landlord may, at its option, charge Tenant a late charge in the amount of five percent (5%) of the amount overdue in connection with any Basic Rent or Additional Rent not paid within five (5) days of the date when dueTenant's obligations under this Lease.

TENANT'S DEFAULT; LANDLORD'S REMEDIES. If A. In the event Tenant shall: (i) default in the payment shall fail to pay when due due, any installment of any Basic Rent, Additional Rent, rent or any other charges hereunder, or monetary obligations to be paid by Tenant hereunder (all of which obligations of Tenant shall bear interest at the Default Rate from the date due until paid in full) and such default shall continue for failure is not cured within five (5) days after written notice thereof from Landlord of such defaultLandlord; or (ii) if Tenant shall default in performing any of the performance covenants, terms or observance provisions of this Lease (other than the payment, when due, of any of Tenant's monetary obligations hereunder) or any of the other covenants contained in this Lease on Tenant’s part rules and regulations now or hereafter reasonably established and uniformly enforced by Landlord to be performed or observed govern the operation of the project and shall fail, fails to cure such default within thirty (30) days after written notice thereof from Landlord of (or such default, additional time as may be necessary to cure such default, or if such default provided tenant commences the cure cannot reasonably be completed within thirty (30) days, if Tenant fails promptly to commence such cure, and thereafter diligently complete it (and in any event within sixty (60) days following the end of said thirty (30) day periodperiod and diligently completes said cure); or (iii) if the estate hereby created there shall be taken on execution, or occur any event described as an event of default by other process of law Tenant under this Lease; or if Tenant shall abandon or vacate the Premises; or if Tenant or any guarantor of Tenant's obligations shall file a petition or be found, under Title 11 of the United States Code as from time to time in effect, adjudged bankrupt or insolvent under any applicable law, other than said Title 11, of any jurisdiction relating to the liquidation federal or reorganization of debtors state bankruptcy or to the modification insolvency law or alteration of the rights of creditors, to be bankrupt admit that it cannot meet its financial obligations as they become due; or insolvent, or an order by a court of competent jurisdiction shall be entered approving its liquidation or reorganization or any modification or alteration of the rights of its creditors (which order is not discharged within 60 days after such entry) or assuming custody of, or appointing a receiver or other custodian for, trustee shall be appointed for all or a substantial part substantially all of its property (in every such case, a “Default the assets of Tenant or any guarantor of Tenant”)'s obligations; or Tenant shall make a transfer to defraud creditors or shall make an assignment for the benefit of creditors; or Tenant shall do or permit to be done any act which results in a lien being filed against the Premises or Building, which lien is not removed or bonded over in accordance with Georgia law within twenty (20) days after written notice thereof by Landlord to Tenant or such shorter period as required by the holder of any Security Deed; then, and in any of said casesevents, Landlord mayLandlord, to the extent permitted by law, immediately at its option may pursue any one or at any time thereafter and without demand or notice, terminate this Lease and enter into and upon the Premises, or any part thereof in the name more of the whole, remedies set forth in Section 20.B. without any notice or demand whatsoever. Landlord shall only be obligated to give written notices of monetary defaults and repossess the same as opportunity to cure to Tenant two (2) times in any period of Landlord’s former estate, and, by any lawful means, expel Tenant and those claiming through or under Tenant and remove its effects without being deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant. No termination or repossession provided for twelve (12) consecutive months in this Paragraph 23 shall relieve Tenant or any guarantor of the obligations of Tenant under this Lease of or from its liabilities and obligations under this Lease, all of which shall survive any such termination or repossession. In the event of any such termination or repossession, Tenant shall pay to Landlord either: (i) in advance on the first day of each month, for what would have been the entire balance of the Term one-twelfth (1/12) (and a pro rata portion thereof for any fraction of a month) of the annual Basic Rent, Additional Rent and all other amounts for which Tenant is obligated hereunder, less, in each case, the actual net receipts by Landlord by reason reoccurrence of any reletting of the Premises after deducting Landlord’s expenses in connection with such reletting, including, without limitation, removal, storage and repair and renovation costs and reasonable brokers’ and attorneys’ fees; or (ii) at the option of Landlord exercisable by Landlord’s giving notice to Tenant within thirty (30) days after any such termination, an amount equal to the amount by which the payments of Basic Rent and Additional Rent reasonably estimated to be payable for the balance of the Term after the date of the exercise of said option would exceed the payments reasonably estimated to be the fair rental value of the Premises over such period, determined as of such date. Landlord will use reasonable efforts to mitigate its damages. Without thereby affecting any other right or remedy of Landlord hereunder, Landlord may, at its option, cure for Tenant’s account any default by Tenant hereunder which remains uncured after said thirty (30) days’ notice of default from Landlord to Tenant, and the cost to Landlord of such cure shall be deemed to be Additional Rent and shall be paid to Landlord by Tenant with the installment of Basic Rent next accruing, together with interest thereon, from the date so expended until the date repaid, at the annual rate of ten percent (10%). Without thereby affecting any other right or remedy of Landlord hereunder, Landlord may, at its option, charge Tenant a late charge in the amount of five percent (5%) of the amount overdue in connection with any Basic Rent or Additional Rent not paid within five (5) days of the date when duedefault.

TENANT'S DEFAULT; LANDLORD'S REMEDIES. If Tenant shall: (i) default in the payment when due of any Basic Rent, Additional Rent, or any other charges hereunder, and such default shall continue for five ten (510) days after receipt of written notice from Landlord of such default; or (ii) if Tenant shall default in the performance or observance of any of the other covenants contained in this Lease on Tenant’s 's part to be performed or observed and shall fail, within thirty (30) days after receipt of written notice from Landlord of such default, to cure such default, or if such cure cannot reasonably be completed within thirty (30) days, if Tenant fails promptly to commence such curecure within the thirty (30) day period, and thereafter diligently complete it (and in any event within sixty (60) days following the end of said thirty (30) day period); or (iii) if the estate hereby created shall be taken on execution, or by other process of law or if Tenant shall be found, under Title 11 of the United States Code as from time to time in effect, or under any applicable law, other than said Title 11, of any jurisdiction relating to the liquidation or reorganization of debtors or to the modification or alteration of the rights of creditors, to be bankrupt or insolvent, or an order by a court of competent jurisdiction shall be entered approving its liquidation or reorganization or any modification or alteration of the rights of its creditors (which order is not discharged within 60 45 days after such entry) or assuming custody of, or appointing a receiver or other custodian for, all or a substantial part of its property (in every such case, a “"Default of Tenant”"); then, and in any of said cases, Landlord may, to the extent permitted by law, immediately or at any time thereafter and without demand or notice, terminate this Lease and enter into and upon the Premises, or any part thereof in the name of the whole, and repossess the same as of Landlord’s 's former estate, and, by any lawful means, expel Tenant and those claiming through or under Tenant and remove its effects without being deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant. No termination or repossession provided for in this Paragraph 23 shall relieve Tenant or any guarantor of the obligations of Tenant under this Lease of or from its liabilities and obligations under this Lease, all of which shall survive any such termination or repossession. In the event of any such termination or repossession, Tenant shall pay to Landlord either: (i) in advance on the first day of each month, for what would have been the entire balance of the Term one-twelfth (1/12) (and a pro rata portion thereof for any fraction of a month) of the annual Basic Rent, Additional Rent and all other amounts for which Tenant is obligated hereunder, less, in each case, the actual net receipts by Landlord by reason of any reletting of the Premises after deducting Landlord’s 's expenses in connection with such reletting, including, without limitation, removal, storage and repair and renovation costs and reasonable brokers’ ' and attorneys’ ' fees; or (ii) at the option of Landlord exercisable by Landlord’s 's giving notice to Tenant within thirty (30) days after any such termination, an amount equal to the amount by which the payments of Basic Rent and Additional Rent reasonably estimated to be payable for the balance of the Term after the date of the exercise of said option would exceed the payments reasonably estimated to be the fair rental value of the Premises over such period, determined as of such date. Landlord will use reasonable efforts to mitigate its damages. Without thereby affecting any other right or remedy of Landlord hereunder, Landlord may, at its option, cure for Tenant’s 's account any default by Tenant hereunder which remains uncured after said thirty (30) days’ ' notice of default from Landlord to Tenant, and the cost to Landlord of such cure shall be deemed to be Additional Rent and shall be paid to Landlord by Tenant with the installment of Basic Rent next accruing, together with interest thereon, from the date so expended until the date repaid, repaid at the annual rate of ten percent (10%). Without thereby affecting any other right or remedy of Landlord hereunder, Landlord may, at its option, charge Tenant a late charge in the amount of five percent (5%) of the amount overdue in connection with any Basic Rent or Additional Rent not paid within five (5) days of the date when due. Notwithstanding the foregoing, in the event Tenant wishes to contest a payment to be made by Tenant to a third party and provided that Tenant has provided Landlord with security or other assurances reasonably satisfactory to Landlord that such contest shall have no adverse effect on Landlord or the Property, Landlord shall forbear exercising the rights set forth in this grammatical paragraph with respect to such payment while such contest is undertaken.

TENANT'S DEFAULT; LANDLORD'S REMEDIES. If A. In the event Tenant shall: (i) default in the payment shall fail to pay when due due, any installment of any Basic Base Rent, Additional Rent, Rent or any other charges hereunder, amount or charge required to be paid by Tenant hereunder (all of which obligations of Tenant shall bear interest at the Default Rate from the date due until paid in full) and such default shall continue for failure is not cured within five (5) days after written notice thereof from Landlord of such defaultLandlord; or (ii) if Tenant shall default materially Default in performing any of the performance covenants, terms or observance provisions of this Lease (other than the payment, when due, of any of the other covenants contained in this Lease on Tenant’s part monetary obligations hereunder) or any of the rules and regulations now or hereafter reasonably established and uniformly enforced by Landlord to be performed or observed govern the operation of the Project and shall fail, Tenant fails to cure such Default within thirty (30) days after written notice thereof from Landlord of such default, to cure such default, Landlord; or if such cure there shall occur any event described as an Event of Default by Tenant under this Lease; or if Tenant or any guarantor of Tenant’s obligations shall file a petition or be adjudged bankrupt or insolvent under any applicable federal or state bankruptcy or insolvency law or admit that it cannot reasonably meet its financial obligations as they become due; or a receiver or trustee shall be completed appointed for all or substantially all of the assets of Tenant or any guarantor of Tenant’s obligations; or Tenant shall make a transfer to defraud creditors or shall make an assignment for the benefit of creditors; or Tenant shall do or permit to be done any act which results in a lien being filed against the Premises or Building, which lien is not removed or bonded over in accordance with Georgia law within thirty (30) days, if days after written notice thereof by Landlord to Tenant fails promptly to commence or such cure, and thereafter diligently complete it (and in any event within sixty (60) days following shorter period as required by the end of said thirty (30) day period); or (iii) if the estate hereby created shall be taken on execution, or by other process of law or if Tenant shall be found, under Title 11 of the United States Code as from time to time in effect, or under any applicable law, other than said Title 11, holder of any jurisdiction relating to the liquidation or reorganization of debtors or to the modification or alteration of the rights of creditors, to be bankrupt or insolvent, or an order by a court of competent jurisdiction shall be entered approving its liquidation or reorganization or any modification or alteration of the rights of its creditors (which order is not discharged within 60 days after such entry) or assuming custody of, or appointing a receiver or other custodian for, all or a substantial part of its property (in every such case, a “Default of Tenant”)Security Deed; then, and in any of said casesevents (referred to herein as a “Default” or “Event of Default”), Landlord mayLandlord, to the extent permitted by law, immediately at its option may pursue any one or at any time thereafter and without demand or notice, terminate this Lease and enter into and upon the Premises, or any part thereof in the name more of the whole, remedies set forth in Section 19.B. without any further notice or demand whatsoever. Landlord shall only be obligated to give written notices of Default and repossess the same as opportunity to cure to Tenant two (2) times in any period of Landlord’s former estate, and, by any lawful means, expel Tenant and those claiming through or under Tenant and remove its effects without being deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant. No termination or repossession provided for twelve (12) consecutive months in this Paragraph 23 shall relieve Tenant or any guarantor of the obligations of Tenant under this Lease of or from its liabilities and obligations under this Lease, all of which shall survive any such termination or repossession. In the event of any such termination or repossession, Tenant shall pay to Landlord either: (i) in advance on the first day of each month, for what would have been the entire balance of the Term one-twelfth (1/12) (and a pro rata portion thereof for any fraction of a month) of the annual Basic Rent, Additional Rent and all other amounts for which Tenant is obligated hereunder, less, in each case, the actual net receipts by Landlord by reason reoccurrence of any reletting of the Premises after deducting Landlord’s expenses in connection with such reletting, including, without limitation, removal, storage and repair and renovation costs and reasonable brokers’ and attorneys’ fees; or (ii) at the option of Landlord exercisable by Landlord’s giving notice to Tenant within thirty (30) days after any such termination, an amount equal to the amount by which the payments of Basic Rent and Additional Rent reasonably estimated to be payable for the balance of the Term after the date of the exercise of said option would exceed the payments reasonably estimated to be the fair rental value of the Premises over such period, determined as of such date. Landlord will use reasonable efforts to mitigate its damages. Without thereby affecting any other right or remedy of Landlord hereunder, Landlord may, at its option, cure for Tenant’s account any default by Tenant hereunder which remains uncured after said thirty (30) days’ notice of default from Landlord to Tenant, and the cost to Landlord of such cure shall be deemed to be Additional Rent and shall be paid to Landlord by Tenant with the installment of Basic Rent next accruing, together with interest thereon, from the date so expended until the date repaid, at the annual rate of ten percent (10%). Without thereby affecting any other right or remedy of Landlord hereunder, Landlord may, at its option, charge Tenant a late charge in the amount of five percent (5%) of the amount overdue in connection with any Basic Rent or Additional Rent not paid within five (5) days of the date when dueDefault.

TENANT'S DEFAULT; LANDLORD'S REMEDIES. 18.1 If Tenant shall: (i) default fails to pay any payment of Rent as provided in the payment when due of any Basic Rent, Additional Rent, or any other charges hereunder, this Lease and such default shall continue failure continues for five (5) days after written notice from Landlord of such defaultfollowing the date when due; or (ii) if Tenant shall default in the performance breaches any other agreement, covenant or observance of any of the other covenants contained in this Lease on Tenant’s part obligation herein set forth and fails to be performed or observed and shall fail, cure such breach within thirty fifteen (3015) days after written notice thereof from Landlord of such default(provided, however, Tenant shall not be deemed in default with respect to cure such defaultany matter which, or if such cure canby its nature (as same shall be determined by Landlord in its sole discretion), may not reasonably be completed cured within thirty fifteen (3015) days, if Tenant fails shall promptly within such fifteen (15) day period commence to commence cure such cure, default and thereafter diligently complete it prosecute the cure to completion), Landlord may terminate this Lease upon five (5) business days’ notice to Tenant sent at any time thereafter, but before Tenant has cured or removed the cause for such event of default and in any termination. Upon the giving of a notice as set forth above, Xxxxxx’s right to cure the cause for such event within sixty of default and termination shall cease. Such termination shall take effect on the fifth (605th) days business day following the end giving of said thirty (30) day period); or (iii) if the estate hereby created such notice to Tenant, and shall be taken on executionwithout prejudice to any remedy Landlord might otherwise have for any prior breach of covenant. If this Lease shall be terminated as herein provided, or by in addition to any other process of remedies which Landlord shall have at law or if Tenant shall be foundin equity, under Title 11 including, without limitation the right to recover the value of the United States Code as from time to time in effect, or under any applicable law, other than said Title 11, of any jurisdiction relating to the liquidation or reorganization of debtors or to the modification or alteration unexpired term of the rights of creditors, to be bankrupt or insolvent, or an order by a court of competent jurisdiction shall be entered approving its liquidation or reorganization or any modification or alteration of the rights of its creditors (which order is not discharged within 60 days after such entry) or assuming custody of, or appointing a receiver or other custodian for, all or a substantial part of its property (in every such case, a “Default of Tenant”); then, and in any of said casesLease, Landlord may, to may reenter the extent permitted by law, immediately or Demised Premises at any time thereafter and remove therefrom Tenant, Tenant’s agents and subtenants either by dispossess proceedings or by a suitable action or proceeding at law and without demand or notice, terminate this Lease and enter into and upon any liability on the Premises, or any part thereof in the name of the whole, and repossess the same as of Landlord. Tenant waives any rights to the service of any notice of Xxxxxxxx’s former estate, and, intention to re-enter provided for by any lawful means, expel Tenant and those claiming through present or under Tenant and remove its effects without being deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant. No termination or repossession provided for in this Paragraph 23 shall relieve Tenant or any guarantor of the obligations of Tenant under this Lease of or from its liabilities and obligations under this Lease, all of which shall survive any such termination or repossession. In the event of any such termination or repossession, Tenant shall pay to Landlord either: (i) in advance on the first day of each month, for what would have been the entire balance of the Term one-twelfth (1/12) (and a pro rata portion thereof for any fraction of a month) of the annual Basic Rent, Additional Rent and all other amounts for which Tenant is obligated hereunder, less, in each case, the actual net receipts by Landlord by reason of any reletting of the Premises after deducting Landlord’s expenses in connection with such reletting, including, without limitation, removal, storage and repair and renovation costs and reasonable brokers’ and attorneys’ fees; or (ii) at the option of Landlord exercisable by Landlord’s giving notice to Tenant within thirty (30) days after any such termination, an amount equal to the amount by which the payments of Basic Rent and Additional Rent reasonably estimated to be payable for the balance of the Term after the date of the exercise of said option would exceed the payments reasonably estimated to be the fair rental value of the Premises over such period, determined as of such date. Landlord will use reasonable efforts to mitigate its damages. Without thereby affecting any other right or remedy of Landlord hereunder, Landlord may, at its option, cure for Tenant’s account any default by Tenant hereunder which remains uncured after said thirty (30) days’ notice of default from Landlord to Tenant, and the cost to Landlord of such cure shall be deemed to be Additional Rent and shall be paid to Landlord by Tenant with the installment of Basic Rent next accruing, together with interest thereon, from the date so expended until the date repaid, at the annual rate of ten percent (10%). Without thereby affecting any other right or remedy of Landlord hereunder, Landlord may, at its option, charge Tenant a late charge in the amount of five percent (5%) of the amount overdue in connection with any Basic Rent or Additional Rent not paid within five (5) days of the date when duefuture law.