Common use of Upon Default Clause in Contracts

Upon Default. Landlord shall have the following rights and remedies, in addition to those allowed by law or equity, any one or more of which may be exercised without further notice to or demand upon Tenant and which may be pursued successively or cumulatively as Landlord may elect: A. Landlord may re-enter the Premises and attempt to cure any default of Tenant, in which event Tenant shall, upon demand, reimburse Landlord as Additional Rent for all reasonable costs and expenses which Landlord incurs to cure such default; B. Landlord may terminate this Lease by giving to Tenant notice of Landlord’s election to do so, in which event the Term shall end, and all right, title and interest of Tenant hereunder shall expire, on the date stated in such notice; C. Landlord may terminate the right of Tenant to possession of the Premises without terminating this Lease by giving notice to Tenant that Tenant’s right to possession shall end on the date stated in such notice, whereupon the right of Tenant to possession of the Premises or any part thereof shall cease on the date stated in such notice; and D. Landlord may enforce the provisions of this Lease by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, or for the enforcement of any other appropriate legal or equitable remedy, including recovery of all moneys due or to become due from Tenant under any of the provisions of this Lease. Landlord shall not be required to serve Tenant with any notices or demands as a prerequisite to its exercise of any of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. In order to regain possession of the Premises and to deny Tenant access thereto, Landlord or its agent may, at the expense and liability of the Tenant, alter or change any or all looks or other security devices controlling access to the Premises without posting or giving notice of any kind to Tenant and Landlord shall have no obligation to provide Tenant a key to new locks installed in the Premises or grant Tenant access to the Premises. Tenant shall not be entitled to recover possession of the Premises, terminate this Lease, or recover any actual, incidental, consequential, punitive, statutory or other damages or award of attorneys’ fees, by reason of Landlord’s alteration or change of any lock or other security device and the resulting exclusion from the Premises of the Tenant or Tenant’s agents, servants, employees, customers, licensees, invitees or any other persons from the Premises. Landlord may, without notice, remove and either dispose of or store, at Tenant’s expense, any property belonging to Tenant that remains in the Premises after Landlord has regained possession thereof. Tenant acknowledges that the provisions of this subparagraph of this Lease supersede the Texas Property Code and Tenant further warrants and represents that it hereby knowingly waives any rights it may have thereunder. TENANT EXPRESSLY WAIVES THE SERVICE OF ANY STATUTORY DEMAND OR NOTICE WHICH IS A PREREQUISITE TO

Upon Default. Landlord shall have the following rights and remedies, in addition right to those allowed by law or equity, pursue any one or more of which may be exercised without further notice to or demand upon Tenant and which may be pursued successively or cumulatively as Landlord may electthe following remedies: A. Landlord (a) Terminate this Lease, in which case Tenant shall immediately surrender the Premises to Landlord. If Tenant fails to surrender the Premises, Landlord, in compliance with Law, may re-enter upon and take possession of the Premises and attempt to cure remove Tenant, Tenant’s Property and any default party occupying the Premises. Tenant shall pay Landlord, on demand, all past due Rent and other losses and damages Landlord suffers as a result of Tenant’s Default, in which event Tenant shallincluding, upon demandwithout limitation, reimburse Landlord as Additional Rent for all Costs of Reletting (defined below) and any deficiency that may arise from reletting or the failure to relet the Premises. “Costs of Reletting” shall include all reasonable costs and expenses which incurred by Landlord incurs in reletting or attempting to cure such default;relet the Premises, including, without limitation, legal fees, brokerage commissions, the cost of building standard alterations and the value of other concessions or allowances granted to a new tenant. B. Landlord may terminate this Lease by giving to Tenant notice of Landlord(b) Terminate Tenant’s election to do so, in which event the Term shall end, and all right, title and interest of Tenant hereunder shall expire, on the date stated in such notice; C. Landlord may terminate the right of Tenant to possession of the Premises and, in compliance with Law, remove Tenant, Tenant’s Property and any parties occupying the Premises. Landlord may (but shall not be obligated to) relet all or any part of the Premises, without terminating this Lease by giving notice to Tenant, for such period of time and on such terms and conditions (which may include concessions, free rent and work allowances) as Landlord in its absolute discretion shall determine. Landlord may collect and receive all rents and other income from the reletting. Tenant that Tenant’s right shall pay Landlord on demand all past due Rent, all Costs of Reletting and any deficiency arising from the reletting or failure to possession shall end on relet the date stated in such notice, whereupon the right Premises. The re-entry or taking of Tenant to possession of the Premises or any part thereof shall cease on the date stated in such notice; and D. not be construed as an election by Landlord may enforce the provisions of this Lease by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, or for the enforcement of any other appropriate legal or equitable remedy, including recovery of all moneys due or to become due from Tenant under any of the provisions of terminate this Lease. Landlord agrees to use reasonable efforts to mitigate damages, provided that those efforts shall not be required require Landlord to serve Tenant with relet the Premises in preference to any notices other space in the Building or demands to relet the Premises to any party that Landlord could reasonably reject as a prerequisite transferee pursuant to its exercise of any of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. In order to regain possession of the Premises and to deny Tenant access thereto, Landlord or its agent may, at the expense and liability of the Tenant, alter or change any or all looks or other security devices controlling access to the Premises without posting or giving notice of any kind to Tenant and Landlord shall have no obligation to provide Tenant a key to new locks installed in the Premises or grant Tenant access to the Premises. Tenant shall not be entitled to recover possession of the Premises, terminate this Lease, or recover any actual, incidental, consequential, punitive, statutory or other damages or award of attorneys’ fees, by reason of Landlord’s alteration or change of any lock or other security device and the resulting exclusion from the Premises of the Tenant or Tenant’s agents, servants, employees, customers, licensees, invitees or any other persons from the Premises. Landlord may, without notice, remove and either dispose of or store, at Tenant’s expense, any property belonging to Tenant that remains in the Premises after Landlord has regained possession thereof. Tenant acknowledges that the provisions of this subparagraph of this Lease supersede the Texas Property Code and Tenant further warrants and represents that it hereby knowingly waives any rights it may have thereunder. TENANT EXPRESSLY WAIVES THE SERVICE OF ANY STATUTORY DEMAND OR NOTICE WHICH IS A PREREQUISITE TOSection 11.

Upon Default. Landlord Whenever an Event of Default under this Security Agreement shall have occurred and be continuing, the Secured Party shall have the following rights and remediesremedies in addition to, and not in lieu of, those stated above: (a) Secured Party is hereby authorized to cause to be transferred or registered to its name or to the name of any other person or corporation as pledgee or trustee or otherwise any of the Collateral and such transferee may exercise all of the other rights and privileges in connection with the Collateral to which said transferee may be entitled by virtue of being the tile holder of record thereof in addition to those allowed the rights and privileges otherwise granted to the Secured Party hereunder, but the Secured Party or said transferee shall not be obliged to exercise any of said rights or privileges; (b) Secured Party need not keep the Collateral in its possession identifiable. Secured Party may, after giving such notice as may be required by law law, if any, sell, transfer, compromise, discharge or equityextend the whole or any part of the Collateral; (c) Secured Party shall have the rights and remedies provided herein and in the Hawaii Uniform Commercial Code, including the right to assume active control over the Collateral, to deal with the Collateral, and to sell, assign and deliver the whole, or any part of the Collateral, or any substitutions or additions thereto, at one or more public or private sales, after advance written notification to Pledgor; provided, however, the Secured Party and Pledgor shall have the right to purchase this Collateral in whole or part at any public or private sale; (d) Upon any sale of which may be exercised without further notice the Collateral, the Pledgor or the Secured Party or its designated agent shall assign and deliver the Collateral to the purchaser or demand upon Tenant and which may be pursued successively or cumulatively as Landlord may elect: A. Landlord may re-enter the Premises and attempt to cure any default of Tenantpurchasers and, in which event Tenant shall, upon demand, reimburse Landlord as Additional Rent for after deducting all reasonable costs and expenses which Landlord incurs to cure such default; B. Landlord may terminate this Lease by giving to Tenant notice of Landlord’s election to do so, in which event the Term shall endcollection, and sale, including reasonable attorney's fees, shall retain the residue of the proceeds of such collection, sale or sales, to the Secured Party who after deducting all rightreasonable costs and expenses incurred by it as a result of the Pledgor's default, title and interest including reasonable attorney's fees, shall apply the remainder of Tenant hereunder the residue of the proceeds to the payment of the Note. Any surplus of the residue of the proceeds of such sale shall expirebe forthwith returned to the Pledgor, on the date stated in such notice; C. Landlord may terminate subject to the right of Tenant the Secured Party to possession offset any such excess against any other Indebtedness, secured or unsecured, which the Pledgor may at the time owe to the Secured Party. The Pledgor agrees that the Secured Party may conduct such sale of Collateral hereunder in accordance with the Premises without terminating this Lease by giving notice to Tenant that Tenant’s right to possession shall end on the date stated in such notice, whereupon the right of Tenant to possession of the Premises or any part thereof shall cease on the date stated in such noticeprovisions herein; and D. Landlord may enforce (e) The Pledgor shall be liable for any deficiency between the provisions of this Lease by a suit or suits in equity or at law for the specific performance proceeds of any covenant Collateral collected or agreement contained herein, or for disposed of by the enforcement of any other appropriate legal or equitable remedy, including recovery of all moneys due or to become due from Tenant under any Secured Party and the unpaid balance of the provisions of this Lease. Landlord shall not be required to serve Tenant with any notices or demands as a prerequisite to its exercise of any of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. In order to regain possession of the Premises and to deny Tenant access thereto, Landlord or its agent may, at the expense and liability of the Tenant, alter or change any or all looks or other security devices controlling access to the Premises without posting or giving notice of any kind to Tenant and Landlord shall have no obligation to provide Tenant a key to new locks installed in the Premises or grant Tenant access to the Premises. Tenant shall not be entitled to recover possession of the Premises, terminate this Lease, or recover any actual, incidental, consequential, punitive, statutory or other damages or award of attorneys’ fees, by reason of Landlord’s alteration or change of any lock or other security device and the resulting exclusion from the Premises of the Tenant or Tenant’s agents, servants, employees, customers, licensees, invitees or any other persons from the Premises. Landlord may, without notice, remove and either dispose of or store, at Tenant’s expense, any property belonging to Tenant that remains in the Premises after Landlord has regained possession thereof. Tenant acknowledges that the provisions of this subparagraph of this Lease supersede the Texas Property Code and Tenant further warrants and represents that it hereby knowingly waives any rights it may have thereunder. TENANT EXPRESSLY WAIVES THE SERVICE OF ANY STATUTORY DEMAND OR NOTICE WHICH IS A PREREQUISITE TOIndebtedness.

Upon Default. Landlord shall have the following rights and remedies, in addition right to those allowed by law or equity, pursue any one or more of which may be exercised without further notice to or demand upon Tenant and which may be pursued successively or cumulatively as Landlord may electthe following remedies: A. Landlord (a) Terminate this Lease, in which case Tenant shall immediately surrender the Premises to Landlord. If Tenant fails to surrender the Premises, Landlord, in compliance with Law, may re-enter upon and take possession of the Premises and attempt to cure remove Tenant, Tenant’s Property and any default party occupying the Premises. Tenant shall pay Landlord, on demand, all past due Rent and other losses and damages Landlord suffers as a result of Tenant’s Default, in which event Tenant shallincluding, upon demandwithout limitation, reimburse Landlord as Additional Rent for all Costs of Reletting (defined below) and any deficiency that may arise from reletting or the failure to relet the Premises. “Costs of Reletting” shall include all reasonable costs and expenses which incurred by Landlord incurs in reletting or attempting to cure such default;relet the Premises, including, without limitation, legal fees, brokerage commissions, the cost of alterations and the value of other concessions or allowances granted to a new tenant. B. Landlord may terminate this Lease by giving to Tenant notice of Landlord(b) Terminate Tenant’s election to do so, in which event the Term shall end, and all right, title and interest of Tenant hereunder shall expire, on the date stated in such notice; C. Landlord may terminate the right of Tenant to possession of the Premises and, in compliance with Law, remove Tenant, Tenant’s Property and any parties occupying the Premises. Landlord may (but shall not be obligated to) relet all or any part of the Premises, without terminating this Lease by giving notice to Tenant, for such period of time and on such terms and conditions (which may include concessions, free rent and work allowances) as Landlord in its absolute discretion shall determine. Landlord may collect and receive all rents and other income from the reletting. Tenant that Tenant’s right shall pay Landlord on demand all past due Rent, all Costs of Reletting and any deficiency arising from the reletting or failure to possession shall end on relet the date stated in such notice, whereupon the right Premises. The re-entry or taking of Tenant to possession of the Premises or any part thereof shall cease on not be construed as an election by Landlord to terminate this Lease. Upon a Default by Tenant, Landlord shall use commercially reasonable efforts to mitigate its damages, provided that such commercially reasonable efforts shall not require Landlord to relet the date stated Premises in such notice; and D. Landlord may enforce the provisions of this Lease by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, or for the enforcement of preferences to any other appropriate legal or equitable remedy, including recovery of all moneys due space in the Building or to become due from Tenant under relet the Premises to any of the provisions party that Landlord could reasonably reject as a transferee pursuant to Article 11 of this Lease. Landlord shall not be required to serve Tenant with any notices or demands as a prerequisite to its exercise of any of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. In order to regain possession of the Premises and to deny Tenant access thereto, Landlord or its agent may, at the expense and liability of the Tenant, alter or change any or all looks or other security devices controlling access to the Premises without posting or giving notice of any kind to Tenant and Landlord shall have no obligation to provide Tenant a key to new locks installed in the Premises or grant Tenant access to the Premises. Tenant shall not be entitled to recover possession of the Premises, terminate this Lease, or recover any actual, incidental, consequential, punitive, statutory or other damages or award of attorneys’ fees, by reason of Landlord’s alteration or change of any lock or other security device and the resulting exclusion from the Premises of the Tenant or Tenant’s agents, servants, employees, customers, licensees, invitees or any other persons from the Premises. Landlord may, without notice, remove and either dispose of or store, at Tenant’s expense, any property belonging to Tenant that remains in the Premises after Landlord has regained possession thereof. Tenant acknowledges that the provisions of this subparagraph of this Lease supersede the Texas Property Code and Tenant further warrants and represents that it hereby knowingly waives any rights it may have thereunder. TENANT EXPRESSLY WAIVES THE SERVICE OF ANY STATUTORY DEMAND OR NOTICE WHICH IS A PREREQUISITE TO.

Upon Default. Landlord (i) If Buyer, without the right to do so and in default of its obligations under this Agreement, fails to complete Closing, Seller shall have the following right to be paid the Deposit and all interest earned on the Deposit as liquidated damages. The right of Seller to be paid the Deposit plus interest thereon shall be Seller’s exclusive and sole remedy, and Seller hereby waives any right to recover the balance of the Purchase Price, or any part thereof, and the right to pursue any other remedy permitted by law or in equity against Buyer. Notwithstanding anything contained in this Section 3(b), Escrow Holder shall not pay the Deposit to Seller under this Section 3(b) until the earlier to occur of (A) receipt by Escrow Holder of written joint instructions from Seller and Buyer, or (B) entry of a final and unappealable adjudication determining which party is entitled to receive all or part of the Deposit. The foregoing shall not limit Seller’s rights against Buyer and remediesBuyer’s liability to Seller by reason of a default by Buyer under this Agreement which survives Closing. In no case shall Buyer or any of its partners, shareholders, officers or directors, or any trustee or beneficiary of Buyer, have any personal liability whatsoever arising under or in connection with this Agreement; Buyer’s liability shall in all events be limited to the Deposit, all interest earned thereon, and the Property. (ii) If Seller, without the right to do so and in default of its obligations under this Agreement, fails to complete Closing or otherwise defaults under or breaches this Agreement, Buyer shall have the right to be paid the Deposit, all interest earned on the Deposit and reimbursement of Buyer’s out of pocket documented third party reports and title examination, not to exceed $50,000 (excluding Buyer’s attorney’s fees) (the “Reimbursable Costs”), which right shall be in addition to those allowed by all other rights and remedies of Buyer under this Agreement, at law or in equity, any one or more of which may be exercised including without further notice to or demand upon Tenant and which may be pursued successively or cumulatively as Landlord may elect: A. Landlord may re-enter the Premises and attempt to cure any default of Tenant, in which event Tenant shall, upon demand, reimburse Landlord as Additional Rent for all reasonable costs and expenses which Landlord incurs to cure such default; B. Landlord may terminate this Lease by giving to Tenant notice of Landlord’s election to do so, in which event the Term shall end, and all right, title and interest of Tenant hereunder shall expire, on the date stated in such notice; C. Landlord may terminate limitation the right of Tenant to possession of the Premises without terminating this Lease by giving notice to Tenant that Tenant’s right to possession shall end on the date stated in such notice, whereupon the right of Tenant to possession of the Premises or any part thereof shall cease on the date stated in such notice; and D. Landlord may enforce the provisions of this Lease by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, or for the enforcement of any other appropriate legal or equitable remedy, including recovery of all moneys due or to become due from Tenant under any of the provisions of this Lease. Landlord shall not be required to serve Tenant with any notices or demands as a prerequisite to its exercise of any of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. In order to regain possession of the Premises and to deny Tenant access thereto, Landlord or its agent may, at the expense and liability of the Tenant, alter or change any or all looks or other security devices controlling access to the Premises without posting or giving notice of any kind to Tenant and Landlord shall have no obligation to provide Tenant a key to new locks installed in the Premises or grant Tenant access to the Premises. Tenant shall not be entitled to recover possession of the Premises, terminate this Lease, or recover any actual, incidental, consequential, punitive, statutory or other damages or award of attorneys’ fees, by reason of Landlord’s alteration or change of any lock or other security device and the resulting exclusion from the Premises of the Tenant or Tenant’s agents, servants, employees, customers, licensees, invitees or any other persons from the Premises. Landlord may, without notice, remove and either dispose of or store, at Tenant’s expense, any property belonging to Tenant that remains in the Premises after Landlord has regained possession thereof. Tenant acknowledges that the provisions of this subparagraph of this Lease supersede the Texas Property Code and Tenant further warrants and represents that it hereby knowingly waives any rights it may have thereunder. TENANT EXPRESSLY WAIVES THE SERVICE OF ANY STATUTORY DEMAND OR NOTICE WHICH IS A PREREQUISITE TOinjunctive relief.

Upon Default. Landlord shall have the following rights and remediesright to terminate this Lease or Tenant’s right to possession, in addition which case Tenant shall immediately surrender the Premises to those allowed Landlord. If Tenant fails to surrender the Premises, Landlord may, in compliance with Law, enter upon and take possession of the Premises. Tenant shall pay Landlord, on demand, all amounts previously due under this Lease and all actual (but not consequential or punitive) damages Landlord may incur by law reason of Tenant's breach or equitydefault, including all Costs of Reletting(as defined below) and any deficiency that may arise from reletting or the failure to relet the Premises, actual and reasonable attorneys' fees as provided for in this Lease, and all other amount to be paid under this Lease for the remainder of the Term . “Costs of Reletting” shall include all actual and reasonable costs and expenses incurred by Landlord in reletting or attempting to relet the Premises, including, without limitation, actual and reasonable legal fees, brokerage commissions, the cost of alterations reasonably required to relet the Premises and the value of other concessions or allowances granted to a new tenant. Landlord may collect and receive all rents and other income from the reletting. Landlord shall not be responsible or liable for the failure to relet all or any part of the Premises or for the failure to collect any rent. Regardless of a Default or of a termination of this Lease (or of Tenant’s right to possession of the Premises), Tenant will remain liable for payment of all Rent and any other amounts due under this Lease through the remainder of the Term. Landlord's pursuit of any one or more of which may be exercised without further notice to the remedies provided in this Lease shall not constitute an election of remedies excluding the election of another remedy or demand upon Tenant and which may be pursued successively other remedies, or cumulatively as Landlord may elect: A. Landlord may re-enter the Premises and attempt to cure a forfeiture or waiver of any default of Tenant, in which event Tenant shall, upon demand, reimburse Landlord as Additional Rent for all reasonable costs and expenses which Landlord incurs to cure such default; B. Landlord may terminate rent or other amounts payable under this Lease by giving to Tenant notice of Landlord’s election to do so, in which event the Term shall end, and all right, title and interest of Tenant hereunder shall expire, on the date stated in such notice; C. Landlord may terminate the right of Tenant to possession of the Premises without terminating this Lease by giving notice to Tenant that Tenant’s right to possession shall end on the date stated in such notice, whereupon the right of Tenant to possession of the Premises or any part thereof shall cease on the date stated in such notice; and D. Landlord may enforce the provisions of this Lease by a suit or suits in equity or at law for the specific performance of any covenant damages or agreement contained herein, or for the enforcement other sums accruing to Landlord by reason of Tenant's violation of any other appropriate legal or equitable remedy, including recovery of all moneys due or to become due from Tenant under any of the provisions provision of this Lease. Landlord shall not be required to serve Tenant with any notices or demands as a prerequisite to its exercise of any of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. In order to regain possession of the Premises and to deny Tenant access thereto, Landlord or its agent may, at the expense and liability of the Tenant, alter or change any or all looks or other security devices controlling access to the Premises without posting or giving notice of any kind to Tenant and Landlord shall have no obligation to provide Tenant a key to new locks installed in the Premises or grant Tenant access to the Premises. Tenant shall not be entitled to recover possession of the Premises, terminate this Lease, or recover any actual, incidental, consequential, punitive, statutory or other damages or award of attorneys’ fees, by reason of Landlord’s alteration or change of any lock or other security device and the resulting exclusion from the Premises of the Tenant or Tenant’s agents, servants, employees, customers, licensees, invitees or any other persons from the Premises. Landlord may, without notice, remove and either dispose of or store, at Tenant’s expense, any property belonging to Tenant that remains in the Premises after Landlord has regained possession thereof. Tenant acknowledges that the provisions of this subparagraph of this Lease supersede the Texas Property Code and Tenant further warrants and represents that it hereby knowingly waives any rights it may have thereunder. TENANT EXPRESSLY WAIVES THE SERVICE OF ANY STATUTORY DEMAND OR NOTICE WHICH IS A PREREQUISITE TO.

Upon Default. Landlord shall have the right to pursue any of the following rights and remedies: (a) Terminate this Lease, in addition which case Tenant shall immediately surrender the Premises to those allowed by law or equityLandlord. If Xxxxxx fails to surrender the Premises, any one or more Landlord, in compliance with Law, may enter upon and take possession of which may be exercised without further notice to or demand upon Tenant and which may be pursued successively or cumulatively as Landlord may elect: A. Landlord may re-enter the Premises and attempt to cure remove Tenant, Xxxxxx’s Property and any default party occupying the Premises. Tenant shallpay Landlord, on demand, all past due Rent and other losses and damages Landlord suffers as a result of Tenant’s Default, in which event Tenant shallincluding, upon demandwithout limitation, reimburse Landlord as Additional Rent for all Costs of Reletting (defined below) and any deficiency that may arise from reletting or the failure to relet the Premises. “Costs of Reletting” shallinclude all reasonable costs and expenses which incurred by Landlord incurs in reletting or attempting to cure such default;relet the Premises, including, without limitation, legal fees, brokerage commissions, the cost of alterations and the value of other concessions or allowances granted to a new tenant. B. Landlord may terminate this Lease by giving to Tenant notice of Landlord’s election to do so, in which event the Term shall end, and all right, title and interest of Tenant hereunder shall expire, on the date stated in such notice; C. Landlord may terminate the right of Tenant to possession of the Premises without terminating this Lease by giving notice to Tenant that (b) Terminate Tenant’s right to possession shall end on the date stated in such notice, whereupon the right of Tenant to possession of the Premises, without terminating this Lease, and, in compliance with Law, remove Tenant, Xxxxxx’s Property and any parties occupying the Premises, in which case Tenant shall immediately surrender the Premises to Landlord. Landlord may (but, except to the extent required by Law, shall not be obligated to) relet all or any part thereof of the Premises, without notice to Tenant, for such period of time and on such terms and conditions (which may include concessions, free rent and work allowances) as Landlord in its absolute discretion shall cease on the date stated in such notice; and D. determine. Landlord may enforce collect and receive all rents and other income from the provisions reletting. Tenant shall pay Landlord on demand all past due Rent, all Costs of this Lease Reletting and any deficiency arising from the reletting or failure to relet the Premises. In no event shall Tenant be entitled to receive any excess of such net rents over the sums payable by a Tenant to Landlord hereunder, nor shall Tenant be entitled in any suit or suits in equity or at law for the specific performance collection of damages pursuant to this Section 19.01 or to a credit in respect of any covenant or agreement contained herein, or for the enforcement of any other appropriate legal or equitable remedy, including recovery of all moneys due or to become due net rents from Tenant under any of the provisions of this Leasea re-letting. Landlord shall not be required responsible or liable for the failure to serve Tenant with relet all or any notices part of the Premises or demands as a prerequisite for the failure to its exercise collect any Rent. The re-entry or taking of any of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. In order to regain possession of the Premises and to deny Tenant access thereto, Landlord or its agent may, at the expense and liability of the Tenant, alter or change any or all looks or other security devices controlling access to the Premises without posting or giving notice of any kind to Tenant and Landlord shall have no obligation to provide Tenant a key to new locks installed in the Premises or grant Tenant access to the Premises. Tenant shall not be entitled construed as an election by Landlord to recover possession of the Premises, terminate this Lease, or recover any actual, incidental, consequential, punitive, statutory or other damages or award of attorneys’ fees, by reason of Landlord’s alteration or change of any lock or other security device and the resulting exclusion from the Premises of the Tenant or Tenant’s agents, servants, employees, customers, licensees, invitees or any other persons from the Premises. Landlord may, without notice, remove and either dispose of or store, at Tenant’s expense, any property belonging to Tenant that remains in the Premises after Landlord has regained possession thereof. Tenant acknowledges that the provisions of this subparagraph of this Lease supersede the Texas Property Code and Tenant further warrants and represents that it hereby knowingly waives any rights it may have thereunder. TENANT EXPRESSLY WAIVES THE SERVICE OF ANY STATUTORY DEMAND OR NOTICE WHICH IS A PREREQUISITE TO.

Upon Default. Landlord shall have the following rights and remedies, in addition right to those allowed by law or equity, pursue any one or more of which may be exercised without further notice to or demand upon Tenant and which may be pursued successively or cumulatively as Landlord may electthe following remedies: A. Landlord (a) Terminate this Lease, in which case Tenant shall immediately surrender the Premises to Landlord. If Tenant fails to surrender the Premises, Landlord, in compliance with Law, may re-enter upon and take possession of the Premises and attempt to cure remove Tenant, Tenant's Property and any default party occupying the Premises. Tenant shall pay Landlord, on demand, all past due Rent and other losses and damages Landlord suffers as a result of Tenant's Default, in which event Tenant shallincluding, upon demandwithout limitation, reimburse Landlord as Additional Rent for all Costs of Reletting (defined below) and any deficiency that may arise from reletting or the failure to relet the Premises. "COSTS OF RELETTING" shall include all reasonable costs and expenses which incurred by Landlord incurs in reletting or attempting to cure such default; B. relet the Premises, including, without limitation, legal fees, brokerage commissions, the cost of alterations and the value of other concessions or allowances granted to a new tenant. Landlord may terminate agrees to use reasonable efforts to mitigate damages, provided that those efforts shall not require Landlord to relet the Premises in preference to any other space in the Building or to relet the Premises to any party that Landlord could reasonably reject as a transferee pursuant to Article 11. Notwithstanding the above, if Landlord relets the Premises for a term (the "Relet Term") that extends past the Termination Date of this Lease by giving (without consideration of any earlier termination pursuant to Tenant notice this Article 19), the Costs of Reletting which may be included in Landlord’s election 's damages under this Lease shall be limited to do soa prorated portion of the Costs of Reletting, in which event based on the percentage that the length of the Term shall end, and all right, title and interest of Tenant hereunder shall expire, remaining on the date stated in such notice; C. Landlord may terminate the right of Tenant to possession of the Premises without terminating terminates this Lease by giving notice to Tenant that or Tenant’s 's right to possession shall end bears to the length of the Relet Term. For example, if there are 2 years left on the date stated in such noticeTerm at the time that Landlord terminates possession and, whereupon prior to the right of Tenant to possession expiration of the Premises or any part thereof shall cease on the date stated in such notice; and D. 2 year period, Landlord may enforce the provisions enters into a lease with a Relet Term of this Lease by 10 years with a suit or suits in equity or at law for the specific performance of any covenant or agreement contained hereinnew tenant, or for the enforcement of any other appropriate legal or equitable remedy, including recovery of all moneys due or to become due from Tenant under any then only 20% of the provisions Costs of this Lease. Landlord Reletting shall not be required to serve Tenant with any notices or demands as a prerequisite to its exercise of any of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. In order to regain possession of the Premises and to deny Tenant access thereto, Landlord or its agent may, at the expense and liability of the Tenant, alter or change any or all looks or other security devices controlling access to the Premises without posting or giving notice of any kind to Tenant and Landlord shall have no obligation to provide Tenant a key to new locks installed in the Premises or grant Tenant access to the Premises. Tenant shall not be entitled to recover possession of the Premises, terminate this Lease, or recover any actual, incidental, consequential, punitive, statutory or other damages or award of attorneys’ fees, by reason of included when determining Landlord’s alteration or change of any lock or other security device and the resulting exclusion from the Premises of the Tenant or Tenant’s agents, servants, employees, customers, licensees, invitees or any other persons from the Premises. Landlord may, without notice, remove and either dispose of or store, at Tenant’s expense, any property belonging to Tenant that remains in the Premises after Landlord has regained possession thereof. Tenant acknowledges that the provisions of this subparagraph of this Lease supersede the Texas Property Code and Tenant further warrants and represents that it hereby knowingly waives any rights it may have thereunder. TENANT EXPRESSLY WAIVES THE SERVICE OF ANY STATUTORY DEMAND OR NOTICE WHICH IS A PREREQUISITE TO's damages.

Upon Default. Landlord shall have the following rights and remedies, in addition right to those allowed by law or equity, pursue any one or more of which may be exercised without further notice to or demand upon Tenant and which may be pursued successively or cumulatively as Landlord may electthe following remedies: A. Landlord (a) Terminate this Lease, in which case Tenant shall immediately surrender the Premises to Landlord. If Tenant fails to surrender the Premises, Landlord, in compliance with Law, may re-enter upon and take possession of the Premises and attempt to cure remove Tenant, Tenant's Property and any default party occupying the Premises. Tenant shall pay Landlord, on demand, all past due Rent and other losses and damages Landlord suffers as a result of Tenant's Default, in which event Tenant shallincluding, upon demandwithout limitation, reimburse Landlord as Additional Rent for all Costs of Reletting (defined below) and any deficiency that may arise from reletting or the failure to relet the Premises. "COSTS OF RELETTING" shall include all reasonable costs and expenses which incurred by Landlord incurs in reletting or attempting to cure such default; B. relet the Premises, including, without limitation, legal fees, brokerage commissions, the cost of alterations and the value of other concessions or allowances granted to a new tenant. Notwithstanding the above, if Landlord may terminate relets the Premises for a term (the "Relet Term") that extends past the Termination Date of this Lease by giving (without consideration of any earlier termination pursuant to Tenant notice this Article 19), the Costs of Reletting which may be included in Landlord’s election 's damages under this Lease shall be limited to do soa prorated portion of the Costs of Reletting, in which event based on the percentage that the length of the Term shall end, and all right, title and interest of Tenant hereunder shall expire, remaining on the date stated in such notice; C. Landlord may terminate the right of Tenant to possession of the Premises without terminating terminates this Lease by giving notice to Tenant that or Tenant’s 's right to possession shall end bears to the length of the Relet Term. For example, if there are 2 years left on the date stated in such noticeTerm at the time that Landlord terminates possession and, whereupon prior to the right of Tenant to possession expiration of the Premises or any part thereof shall cease on the date stated in such notice; and D. 2 year period, Landlord may enforce the provisions enters into a lease with a Relet Term of this Lease by 10 years with a suit or suits in equity or at law for the specific performance of any covenant or agreement contained hereinnew tenant, or for the enforcement of any other appropriate legal or equitable remedy, including recovery of all moneys due or to become due from Tenant under any then only 20% of the provisions Costs of this Lease. Landlord Reletting shall not be required to serve Tenant with any notices or demands as a prerequisite to its exercise of any of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. In order to regain possession of the Premises and to deny Tenant access thereto, Landlord or its agent may, at the expense and liability of the Tenant, alter or change any or all looks or other security devices controlling access to the Premises without posting or giving notice of any kind to Tenant and Landlord shall have no obligation to provide Tenant a key to new locks installed in the Premises or grant Tenant access to the Premises. Tenant shall not be entitled to recover possession of the Premises, terminate this Lease, or recover any actual, incidental, consequential, punitive, statutory or other damages or award of attorneys’ fees, by reason of included when determining Landlord’s alteration or change of any lock or other security device and the resulting exclusion from the Premises of the Tenant or Tenant’s agents, servants, employees, customers, licensees, invitees or any other persons from the Premises. Landlord may, without notice, remove and either dispose of or store, at Tenant’s expense, any property belonging to Tenant that remains in the Premises after Landlord has regained possession thereof. Tenant acknowledges that the provisions of this subparagraph of this Lease supersede the Texas Property Code and Tenant further warrants and represents that it hereby knowingly waives any rights it may have thereunder. TENANT EXPRESSLY WAIVES THE SERVICE OF ANY STATUTORY DEMAND OR NOTICE WHICH IS A PREREQUISITE TO's damages.

Upon Default. Landlord shall have the following rights and remedies, in addition right to those allowed by law or equity, pursue any one or more of which may be exercised without further notice to or demand upon Tenant and which may be pursued successively or cumulatively as Landlord may electthe following remedies: A. Landlord (a) Terminate this Lease, in which case Tenant shall immediately surrender the Premises to Landlord. If Tenant fails to surrender the Premises, Landlord, in compliance with Law, may re-enter upon and take possession of the Premises and attempt to cure remove Tenant, Tenant's Property and any default party occupying the Premises. Tenant shall pay Landlord, on demand, all past due Rent and other losses and damages Landlord suffers as a result of Tenant's Default, in which event Tenant shallincluding, upon demandwithout limitation, reimburse Landlord as Additional Rent for all Costs of Reletting (defined below) and any deficiency that may arise from reletting or the failure to relet the Premises. "Costs of Reletting" shall include all reasonable costs and expenses which incurred by Landlord incurs in reletting or attempting to cure such default;relet the Premises, including, without limitation, legal fees, brokerage commissions, the cost of alterations and the value of other concessions or allowances granted to a new tenant. B. Landlord may terminate this Lease by giving to Tenant notice of Landlord’s election to do so, in which event the Term shall end, and all right, title and interest of Tenant hereunder shall expire, on the date stated in such notice; C. Landlord may terminate the (b) Terminate Tenant's right of Tenant to possession of the Premises and, in compliance with Law, remove Tenant, Tenant's Property and any parties occupying the Premises. Unless prohibited by law, Landlord may (but, except as expressly provided below, shall not be obligated to) relet all or any part of the Premises, without terminating this Lease by giving notice to Tenant, for such period of time and on such terms and conditions (which may include concessions, free rent and work allowances) as Landlord in its absolute discretion shall determine. Landlord may collect and receive all rents and other income from the reletting. Tenant that Tenant’s right shall pay Xxxxxxxx on demand all past due Rent, all Costs of Refetting and any deficiency arising from the refetting or failure to possession shall end on relet the date stated in such notice, whereupon the right Premises. The re-entry or taking of Tenant to possession of the Premises or any part thereof shall cease on the date stated in such notice; and D. Landlord may enforce the provisions of this Lease not be construed as an election by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, or for the enforcement of any other appropriate legal or equitable remedy, including recovery of all moneys due or Xxxxxxxx to become due from Tenant under any of the provisions of terminate this Lease. Landlord shall not use reasonable efforts to refet the Premises on such terms as Xxxxxxxx in its sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises). The marketing of the Premises in a manner similar to the manner in which Landlord markets other premises within the Building shall be deemed to have satisfied Landlord's obligation to use "reasonable efforts" hereunder. In no event shall Landlord be required to serve Tenant (i) solicit or entertain negotiations with any notices or demands as a prerequisite to its exercise of any of its rights or remedies under this Lease, other than those notices prospective tenant for the Premises until Landlord obtains full and demands specifically required under this Lease. In order to regain complete possession of the Premises (including, without limitation, the final and non-appeafable legal right to deny Tenant access thereto, Landlord or its agent may, at the expense and liability of the Tenant, alter or change any or all looks or other security devices controlling access to relet the Premises without posting or giving notice free of any kind claim of Tenant), (ii) relet the Premises before leasing other vacant space in the Building, or (iii) lease the Premises for a rental fess than the fair market rent for similar space in the Building. Xxxxxxxx shall not be liable for, nor shall Tenant's obligations hereunder be diminished because of, Landlord's failure to Tenant and Landlord shall have no obligation to provide Tenant a key to new locks installed in relet the Premises or grant Tenant access to the Premises. Tenant shall not be entitled to recover possession of the Premises, terminate this Lease, or recover any actual, incidental, consequential, punitive, statutory or other damages or award of attorneys’ fees, by reason of Landlord’s alteration or change of any lock or other security device and the resulting exclusion from the Premises of the Tenant or Tenant’s agents, servants, employees, customers, licensees, invitees or any other persons from the Premises. Landlord may, without notice, remove and either dispose of or store, at Tenant’s expense, any property belonging to Tenant that remains in the Premises after Landlord has regained possession thereof. Tenant acknowledges that the provisions of this subparagraph of this Lease supersede the Texas Property Code and Tenant further warrants and represents that it hereby knowingly waives any rights it may have thereunder. TENANT EXPRESSLY WAIVES THE SERVICE OF ANY STATUTORY DEMAND OR NOTICE WHICH IS A PREREQUISITE TOcollect rent due for such reletting.

Upon Default. Landlord shall have the following rights and remedies, in addition right to those allowed by law or equity, pursue any one or more of which may be exercised without further notice to or demand upon Tenant and which may be pursued successively or cumulatively as Landlord may electthe following remedies: A. Landlord (a) Terminate this Lease, in which case Tenant shall immediately surrender the Premises to Landlord. If Tenant fails to surrender the Premises, Landlord, in compliance with Law, may re-enter upon and take possession of the Premises and attempt to cure remove Tenant, Tenant's Property and any default party occupying the Premises. Tenant shall pay Landlord, on demand, all past due Rent and other losses and damages Landlord suffers as a result of Tenant's Default, in which event Tenant shallincluding, upon demandwithout limitation, reimburse Landlord as Additional Rent for all Costs of Reletting (defined below) and any deficiency that may arise from reletting or the failure to relet the Premises. "COSTS OF RELETTING" shall include all reasonable costs and expenses which incurred by Landlord incurs in reletting or attempting to cure such default; B. relet the Premises, including, without limitation, legal fees, brokerage commissions, the cost of alterations and the value of other concessions or allowances granted to a new tenant. Notwithstanding the foregoing, if Landlord may terminate relets the Premises for a term (the "RELET TERM") that extends past the stated Termination Date (without consideration of any earlier termination pursuant to this Lease by giving to Tenant notice Section 19.01), the Proratable Costs of Landlord’s election to do so, in which event Reletting (hereinafter defined) shall be applied as provided herein based on the percentage that the length of the Term shall end, and all right, title and interest of Tenant remaining hereunder shall expire, on the date stated in such notice; C. Landlord may terminate terminates the right of Tenant to possession of the Premises without terminating this Lease by giving notice to Tenant that or Tenant’s 's right to possession shall end bears to the length of the Relet Term. For example, if there are 2 years left on the date stated in Term at the time that Landlord terminates possession and, prior to the expiration of such notice2 year period, whereupon the right Landlord enters into a Relet Term of Tenant to possession 10 years with a new tenant, 20% of the Proratable Costs of Reletting shall be considered in determining Landlord's damages. "PRORATABLE COSTS OF RELETTING" shall mean the cost of renovating, decorating and altering the Premises (except to the extent that such work is necessary due to the acts of Tenant, it agents, employees or any part thereof shall cease on the date stated in such notice; and D. Landlord may enforce the provisions of this Lease by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, contractors or for damage to the enforcement of any Premises other appropriate legal or equitable remedythan ordinary wear and tear), including recovery of all moneys due or brokerage fees, and other concessions granted to become due from Tenant under any of the provisions of this Lease. Landlord shall not be required to serve Tenant with any notices or demands new tenant such as a prerequisite moving allowance, lease assumption and rental abatement. Notwithstanding anything herein to its exercise the contrary, it is agreed that Costs of any of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. In order to regain possession Reletting shall be offset against the rent that Landlord receives in connection with a reletting of the Premises and to deny in no event shall the total damages payable by Tenant access thereto, hereunder exceed the amount for which Tenant would be liable if Landlord or its agent may, at the expense and liability of the Tenant, alter or change any or all looks or other security devices controlling access to the Premises without posting or giving notice of any kind to Tenant and Landlord shall have no obligation to provide Tenant a key to new locks installed in had not relet the Premises or grant Tenant access incurred any Costs of Reletting. Landlord agrees to the Premises. Tenant use reasonable efforts to mitigate damages, provided that such reasonable efforts shall not be entitled require Landlord to recover possession of the Premises, terminate this Lease, or recover any actual, incidental, consequential, punitive, statutory or other damages or award of attorneys’ fees, by reason of Landlord’s alteration or change of any lock or other security device and the resulting exclusion from relet the Premises of the Tenant or Tenant’s agents, servants, employees, customers, licensees, invitees or in preference to any other persons from the Premises. Landlord may, without notice, remove and either dispose of or store, at Tenant’s expense, any property belonging to Tenant that remains space in the Building or to relet the Premises after to any party that Landlord has regained possession thereof. Tenant acknowledges that the provisions of this subparagraph of this Lease supersede the Texas Property Code and Tenant further warrants and represents that it hereby knowingly waives any rights it may have thereunder. TENANT EXPRESSLY WAIVES THE SERVICE OF ANY STATUTORY DEMAND OR NOTICE WHICH IS A PREREQUISITE TOcould reasonably reject as a transferee pursuant to Section 11 hereof.