Common use of DEFAULT OF LESSEE Clause in Contracts

DEFAULT OF LESSEE. 17. a. In the event of any failure of Lessee to pay any rental due hereunder within ten (10) days after the same shall be due, or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Lessee for more than thirty (30) days after written notice of such failure shall have been given to Lessee, or if Lessee or an agent of Lessee shall falsify any report required to be furnished to Lessor pursuant to the terms of this Lease, or if Lessee or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Lessee or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's or any such guarantor's property, or if Lessee or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or if Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of execution, then in any such event Lessee shall be in default hereunder, and Lessor, in addition to other rights of remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby.

DEFAULT OF LESSEE. 17. a. In the event of any failure of Lessee If lessee shall fail to pay any rental due hereunder within monthly installment of rent as aforesaid (although no legal or formal demand has been made therefor), or shall violate or fail to perform any the other conditions, covenants or agreements herein made by lessee, and such violation or failure shall continue for a period of ten (10) days after written notice thereof to lessee by lessor, (but no written notice to lessee is necessary in the event of failure to pay a monthly installment of rent), then and in any of said events this lease shall, at the option of lessor, cease and terminate and shall operate as a notice to quit, any notice to quit or of lessor's intention to re-enter being hereby expressly waived, and lessor may proceed to recover possession under and by virtue of the provisions of the laws of the State of Virginia, or by such other proceedings, including re-entry and possession, as may be applicable. If lessor elects to terminate this lease, everything herein contained on the part of the lessor to be done and performed shall cease without prejudice to the right of lessor to recover from lessee all rental accrued up to the time of termination of the term of this lease, the demised premises may be relet by lessor for such rent and upon such terms as are not unreasonable under the circumstances and, if the full rental hereinabove provided shall not be realized by lessor, lessee shall be liable for all damages sustained by lessor, including, without limitation, deficiency in rent, reasonable attorney's fees, brokerage fees, and expenses of placing the demised premises in first class rentable condition. Lessor shall not be required to so relet the demised premises, either pursuant to this lease or by any requirement of law or equity, to any person who, in lessor's sole judgment, shall not be of sound financial standing and ability, and possess good reputation, business judgment and operating ability, or for any use or purpose which, in lessor's judgment, shall not be the same shall be dueor substantially the same as the uses of the demised premises permitted under this lease, or any failure to perform any other shall not be in keeping with the caliber and quality of the termsbuilding and its other tenants. In addition, conditions if lessee shall have failed to move into or covenants take possession of this Lease to be observed or performed by Lessee for more than thirty the demised premises within fifteen (3015) days after written notice the commencement of such failure shall have been given to Lessee, or if Lessee or an agent of Lessee shall falsify any report required to be furnished to Lessor pursuant to the terms term of this Leaselease if the date fixed for such commencement shall be postponed as herein provided and to open the demised premises for business fully fixtured, or if Lessee or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Lessee or any guarantor of this Lease in any court pursuant to any statute either of stocked and staffed within the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's or any such guarantor's property, or if Lessee or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or if Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of executiontime herein provided, then in any such event Lessee the lessor shall be in default hereunder, and Lessorhave, in addition to any and all remedies herein provided, the right at its sole option and discretion to collect the minimum rent herein provided, for each and every day that the lessee shall fail to commence to do business as herein provided. Any damage or loss of rental sustained by lessor may be recovered by lessor at lessor's option, at the time of relocation in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or, at lessor's option, may be deferred until the expiration of the term of this lease, in which event the cause of action shall not be deemed to have accrued until the date of expiration of said term. If lessor should commence any summary proceeding for non-payment of rent by lessee, lessee shall not interpose any counterclaim of any nature or description in any such proceeding. The provisions contained in this paragraph shall be in addition to and shall not prevent the enforcement of any claim lessor may have against lessee for anticipatory breach of the unexpired term of this lease. In the event that lessee continues to occupy the demised premises after the expiration of the term of this lease, with the express or implied consent of lessor, such tenancy shall be from month to month and shall not be renewal of the term of this lease or a tenancy from year to year. All rights and remedies of lessor under this lease shall be cumulative and shall not be exclusive of any other rights of and remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, all without service of notice or resort provided to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned therebylessor under applicable law.

DEFAULT OF LESSEE. 17. a. In the event All rights and remedies of Lessor herein enumerated shall be cumulative and are not intended to be exclusive of any other remedies or means of redress to which Lessor may be lawfully entitled in case of any breach or threatened breach of Lessee of any provision of this Lease. The failure of Lessee Lessor to pay insist in any rental due hereunder within ten (10) days after one or more cases upon the same shall be due, or strict performance of any failure to perform any other of the terms, conditions or covenants of this Lease or to exercise any option herein contained shall not be observed construed as a waiver or performed by Lessee relinquishment for more than thirty (30) days after written notice the future of such failure covenant or option. A receipt by Lessor of rent with knowledge of the breach of any covenant hereof (other than breach of the obligation to pay the portion of such rent paid) shall have been given to Lesseenot be deemed a waiver of such breach, or if Lessee or an agent and no waiver by Lessor of Lessee shall falsify any report required to be furnished to Lessor pursuant to the terms of this Lease, or if Lessee or any guarantor provisions of this Lease shall become bankrupt be deemed to have been made unless expressed in writing and signed by Lessor. In addition to other remedies in this Lease provided, Lessor shall be entitled to the restraint by injunction of the violation or insolventattempted or threatened violation of the covenants, or file any debtor proceedings or any person shall take or have against Lessee or any guarantor conditions and provisions of this Lease. Subject to laws relating to bankruptcy, if, during the term of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's or any such guarantor's propertyrenewal term, or if (i) Lessee or any such guarantor makes shall make an assignment for the benefit of creditors, or petitions (ii) a voluntary petition be filed by Lessee under any law having for its purpose the adjudication of Lessee a bankrupt, or enters into Lessee be adjudged a bankrupt pursuant to an arrangementinvoluntary petition in bankruptcy, or (iii) a receiver be appointed for the property of Lessee by reason of the insolvency of Lessee, or (iv) any department of the State or Federal government, or any officer thereof, duly authorized, shall take possession of the business or property of Lessee by reason of the insolvency of Lessee, the occurrence of any of such contingencies shall be deemed a breach of this Lease and this Lease shall ipso facto upon the happening of any of said contingencies be terminated and the same shall expire as fully and completely as if the day fixed for the expiration of the initial term of this Lease or any renewal term. as the case may be, had occurred, and Lessee will then quit and surrender the Premises, but Lessee shall remain liable as hereinafter provided. As used in this paragraph, the term "Lessee" shall also mean any guarantor of Lessee's obligations under this Lease. If, during the initial term of this Lease or any renewal term, (i) Lessee shall default in fulfilling any of the covenants, obligations, or agreements of this Lease (other than the covenants for the payment of rent payable by Lessee hereunder), or (ii) this Lease, without the prior written consent of Lessor or except as expressly permitted, shall be assigned, pledged, mortgaged, transferred, or sublet in any manner, Lessor may give Lessee notice of such default or the happening of any contingency in this paragraph referred to and, if at the expiration of thirty (30) days after service of such notice the default or contingency upon which said notice was based shall continue to exist, or in the event of a default or contingency which cannot with due diligence be cured within a period of thirty (30) days, if Lessee fails to proceed promptly after the service of said notice and with all due diligence to commence to cure the same and thereafter to prosecute the curing of such default with all due diligence (it being intended that in connection with a default not susceptible of being cured with diligence within thirty [30] days, the time within which Lessee is to cure the same shall be extended for such period as may be necessary to complete the same with all due diligence), Lessor, at its option, may terminate this Lease and upon such termination Lessee will quit and surrender the Premises to Lessor but Lessee shall remain liable as hereinafter provided. If Lessee defaults in any payment of the rent expressly reserved hereunder, or any part of the same and such default shall continue for ten (10) days after written notice thereof by Lessor, or if Lessee shall abandon make default in the Demised Premises payment of any item or suffer any charge required to be paid by Lessee hereunder, or any part of the same and such default shall continue for ten (10) days after written notice thereof by Lessor, Lessor or Lessor's agent or servant may immediately or at any time thereafter terminate this Lease, and upon such termination for failure to pay such rent, item, or charge, or if this Lease shall terminate by reason of the insolvency of Lessee, as set forth above, Lessor or Lessor's agent or servant may re-enter the Premises and remove all persons and all or any property therefrom, either by summary dispossess proceedings, or by any suitable action or proceeding at law or by force or otherwise, without being liable to be taken under any writ of executionindictment, then in any prosecution, or damage therefor and repossess and enjoy the Premises, together with all additions, alterations and improvements, without such event Lessee shall be in default hereunder, and Lessor, in addition to other rights of remedies it may have, shall have the immediate right of re-entry and may remove all persons repossession working a forfeiture or waiver of the rents to be paid and property the covenants to be performed by Lessee during the full term of this Lease. Upon termination of this Lease or expiration of Lessee's right to occupy the Premises by reason of the happening of any of the foregoing events, or in any other manner or circumstances whatsoever, whether with or without legal proceedings, by reason of or based upon or arising out of a default or breach of this Lease on the part of Lessee, Lessor may. at its option, at any time and from time to time relet the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost ofany part or parts thereof, and for the account of Lessee or otherwise, and receive and collect the rent therefor, applying the same first to the payment of such expenses as Lessor may have incurred in recovering possession of the Premises, including attorney's fees and expenses for putting the same into good order and condition or preparing or altering the same for re-rental to the extent Lessor deems necessary or desirable and all other expenses, commissions and charges paid, assumed or incurred by Lessor in or about reletting the Premises and then to the fulfillment of the covenants of Lessee hereunder. Any such reletting herein provided for may be for the remainder of the initial term or any exercised renewal term of this Lease, as originally granted, or for a longer or shorter period; Lessor shall have the right to change the character and use made of the Premises, and Lessor shall not be required to accept any substitute tenant offered by Lessee or to observe any instructions given by Lessee about reletting. In any such case, and whether or not the Premises or any part thereof be relet, Lessee shall pay to Lessor the Base Rent and all Additional Rent and other charges required to be paid by Lessee up to the later of the time of such termination of the Lease or of such recovery of possession of the Premises by Lessor, as the case may be, and thereafter, except in a case in which liability of Lessee as hereinafter provided, arises by reason of the happening of the insolvency of Lessee, Lessee covenants and agrees, if required by Lessor, to pay to Lessor (monthly) until the end of the term of this Lease, including any exercised renewal term, the equivalent of the amount of all without service rent reserved hereunder, and all other charges required to be paid by Lessee, less the net proceeds of notice or resort to legal process reletting, if any. Lessor shall have the election at any time in place of and without being guilty instead of trespass, or becoming holding Lessee so liable for subsequent periods forthwith to recover against Lessee as damages for loss of the bargain and not as a penalty, an aggregate sum which at such time represents the then present worth of the excess, if any, of the aggregate of the rent and all other charges payable by Lessee hereunder that would have accrued for the balance of the term, including any exercised renewal term, over the then present worth of the fair market rents and all other charges (less the costs of anticipated leasing commissions and tenant improvements) for the Premises for the balance of such term. If this Lease shall terminate by reason of the bankruptcy or insolvency of Lessee, as above set forth, Lessor shall be entitled, notwithstanding any other provisions of this Lease or any present or future law, to recover from Lessee or Lessee's estate (in lieu of the equivalent of the amount of all rent unpaid at the time of such termination) as damages for loss of the bargain, and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, represents the excess, if any, of the then present worth of the aggregate of the rent and other charges payable by Lessee hereunder that would have accrued for the balance of the term including any exercised renewal term, over the then present worth of the fair market rents and all other charges for the Premises for the balance of the term including any exercised renewal term, unless any statute or damage rule of law governing the proceedings in which such damages are to be proved shall limit the amount of such claim capable of being so proved. In such case, Lessor shall be entitled to prove, as and for liquidated damages, by reason of such breach and termination of this Lease, the maximum amount which may be occasioned therebyallowed by or under such statute or rule of law. Nothing herein contained shall limit or prejudice Lessor's right to prove and obtain as liquidated damages arising out of such breach or termination the maximum amount allowed by any such statute or rule of law which may govern the proceedings in which such damages are to be proved whether or not such amount be greater, equal to, or less than the amount of the excess of the then present worth of the rent and all other charges reserved herein over the then present worth of the fair market rents and all other charges referred to above. Lessee shall pay, upon demand, all of Lessor's costs, charges and expenses, including reasonable attorney's fees and fees of agents and others retained by Lessor, incident to the enforcement of Lessee's obligations hereunder or incurred by Lessor in any litigation, negotiation or transaction in which Lessee causes Lessor without Lessor's fault to become involved or concerned, including a fee of Ten and 00/100 Dollars ($10.00) for any default notice given by Lessor to Lessee.

DEFAULT OF LESSEE. 17. a. In the event of any failure of Lessee to pay any rental due hereunder within ten (10) days after the same shall be due, or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Lessee for more than thirty (30) days after written notice of such failure shall have been given to Lessee, or if Lessee or an agent of Lessee shall falsify any report required to be furnished to Lessor pursuant to the terms of this Lease, or if Lessee or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Lessee or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's ’s or any such guarantor's ’s property, or if Lessee or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or if Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of execution, then in any such event Lessee shall be in default hereunder, and Lessor, in addition to other their rights of or remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned therebyas provided in Minnesota Statutes Chapter 566.

DEFAULT OF LESSEE. 17. a. In the event of any failure of Lessee to pay any rental due hereunder within ten (10) days after the same shall be due, or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Lessee for more than thirty (30) days after written notice of such failure shall have been given to Lessee, or if Lessee or an agent of Lessee shall falsify any report required to be furnished to Lessor pursuant to the terms of this Lease, or if Lessee or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Lessee or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's or any such guarantor's property, or if Lessee or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangementarrangement with its creditors, or if Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of execution, then in any such event Lessee shall be in default hereunder, and Lessor, in addition to other rights of remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby.

DEFAULT OF LESSEE. 17. a. In the event even of any failure of Lessee to pay any rental due hereunder within ten (10) days after the same shall be due, or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Lessee for more than thirty (30) days after written notice of such failure shall have been given to Lessee, or if Lessee or an agent of Lessee shall falsify any report required to be furnished to Lessor pursuant to the terms of this Lease, or if Lessee or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Lessee or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's or any such guarantor's property, or if Lessee or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or if Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of execution, then in any such event Lessee shall be in default hereunder, and Lessor, in addition to other their rights of remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. b. Should Lessor elect to re-enter the Demised Premises, as herein provided, or should it take possession of the Demised Premises pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time, without terminating this Lease, make such alternations and repairs as may be necessary in order to relet the Demised Premises, and relet the Demised Premises or any part thereof such term or terms (which may be for a term extending beyond the term of this Lease) and at such rental or rentals and upon such other terms and conditions as Lessor in its sole discretion may deem advisable. Upon each subletting all rentals received by the Lessor from such reletting shall be applied first to the payment of any indebtedness other than rent due hereunder from Lessee to Lessor; second, to the payment of any costs and expenses of such reletting, including brokerage fees and attorney's fees and costs of such alterations and repairs; third, to the payment of the rent due and unpaid payment of future rent as same may become due and payable hereunder. If such rentals received from such reletting during any month be less than that to be paid during that month by Lessee hereunder, Lessee, upon demand, shall pay any such deficiency to Lessor. No such re-entry or taking possession of the Demised Premises by Lessor shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Lessor may at any time after such re-entry and reletting elect to terminate this Lease for any such breach, in addition to any other remedies it may have, it may recover from Lessee all damages it may incur by reason of such breach, including the cost of recovering the Demised Premises, reasonable attorney's fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of the stated term over the then reasonable rental value of the Demised Premises for the remainder of the stated term, all of which amounts shall be immediately due and payable from Lessee to Lessor. x. Xxxxxx may, at its option, instead of exercising any other rights or remedies available to it in this Lease or otherwise by law, statute or equity, spend such money as is reasonably necessary to cure any default of Lessee herein and the amount so spent, and costs incurred, including attorney's fees in curing such default, shall be paid by Lessee, as additional rent, upon demand. d. In the event suit shall be brought for recovery of possession of the Demised Premises, for the recovery of rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of Lessee to be kept or performed, and a breach shall be established, Lessee shall pay to Lessor all expenses incurred therefor, including a reasonable attorney's fee, together with interest on all such expenses at the rate of twelve percent (12%) per annum from the date of such breach of the covenants of this Lease. e. Lessee hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Lessee being evicted or dispossessed for any cause, or in the event of Lessor obtaining possession of the Demised Premises, by reason of the violation by Lessee of any of the covenants or conditions of this Lease, or otherwise. Lessee also waives any demand for possession of the Demised Premises, and any demand for payment of rent and any notice of intent to re-enter the Demised Premises, or of intent terminate this Lease, other than the notices above provided in this Article, and waives any and every other notice or demand prescribed by any applicable statutes or laws. f. No remedy herein or elsewhere in this Lease or otherwise by law, statute or equity, conferred upon or reserved to Lessor or Lessee shall be exclusive of any other remedy, but shall be cumulative, and may be exercised from time to time and as often as the occasion may arise.

DEFAULT OF LESSEE. 17. a. In This Lease shall, at the event option of any failure of Lessor, cease and terminate if (i) Lessee fails to pay rent, including any rental due hereunder within ten installment of Monthly Rent or any additional rent, although no legal or formal demand has been made, and such failure to pay rent continues for a period of five (105) business days after written notice addressed to Lessee has been delivered by Lessor to the same shall be dueDemised Premises, or (ii) Lessee violates or fails to perform any of the other conditions, covenants or agreements of this Lease made by Lessee, and any violation or failure to perform any other of the termsthose conditions, conditions covenants or covenants agreements continues for a period of this Lease to be observed or performed by Lessee for more than thirty twenty (3020) days after written notice of such failure shall have thereof has been given delivered by Lessor to Lessee, or, in cases where the violation or failure to perform cannot be corrected within twenty (20) days, Lessee does not begin to correct the violation or failure to perform within twenty (20) days after receiving Lessor's written notice and/or Lessee thereafter does not diligently pursue the correction of the violation or failure to perform. Any said violation or failure to perform or to pay any rent, if left uncorrected, shall operate as a notice to quit, any further notice to quit or notice of Lessor's intention to re-enter being hereby expressly waived. Lessor may thereafter proceed to recover possession under and by virtue of the provisions of the laws of the jurisdiction in which the Building is located or by such other proceedings, including re-entry and possession, as may be applicable. If Lessor elects to terminate this Lease, everything herein contained on the part of Lessor to be done and performed shall cease without prejudice to the right of Lessor to recover from Lessee all rent accruing up to and through the date of termination of this Lease or the date of recovery of possession of the Demised Premises by Lessor, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Lessee's default as hereinabove provided, or if Lessee abandons the Demised Premises before the expiration or an agent termination of Lessee shall falsify any report required to be furnished to Lessor pursuant to the terms term of this Lease, or if Lessee or any guarantor of this Lease Lessor shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Lessee or any guarantor of this Lease in any court pursuant use reasonable efforts to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's or any such guarantor's property, or if Lessee or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or if Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of execution, then in any such event Lessee shall be in default hereunder, and Lessor, in addition to other rights of remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from relet the Demised Premises and such property to mitigate damages in accordance with applicable law. If the full rent hereinabove provided is not realized by Lessor, Lessee shall be liable for all damages sustained by Lessor, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in first-class rentable condition. Any damage or loss of rent sustained by Lessor may be removed and stored in a public warehouse or elsewhere recovered by Lessor, at Lessor's option, at the cost of, and for time of the account of Lessee, all without service of notice or resort to legal process and without being guilty of trespassreletting, or becoming liable for any loss or in separate actions, from time to time, as said damage which shall have been made more easily ascertainable by successive relettings, or, at Lessor's option, may be occasioned thereby.deferred until the expiration of the term of this Lease, in which event the cause of action shall not be deemed to

DEFAULT OF LESSEE. 17. a. In the event This Lease shall, at the, option of any failure of Lessor, cease and terminate if (i) Lessee fails to pay rent, including any rental due hereunder within installment of Monthly Rent or any additional rent, although no legal or formal demand has been made, and such failure to pay rent continues for a period of ten (10) days after written notice addressed to Lessee has been delivered by Lessor to the same shall be dueDemised Premises, or (ii) Lessee violates or fails to perform any of the other conditions, covenants or agreements of this Lease made by Lessee, and any violation or failure to perform any other of the termsthose conditions, conditions covenants or covenants agreements continues for a period of this Lease to be observed or performed by Lessee for more than thirty (30) days after written notice of such failure shall have thereof has been given delivered by Lessor to Lessee, or, in cases where the violation or failure to perform cannot be corrected within thirty (30) days, Lessee does not begin to correct the violation or failure to perform within thirty (30) days after receiving Lessor's written notice and/or Lessee thereafter does not diligently pursue the correction of the violation or failure to perform. Any said violation or failure to perform or to pay any rent, if left uncorrected, shall operate as a notice to quit, any further notice to quit or notice of Lessor's intention to re-enter being hereby expressly waived. Lessor may thereafter proceed to recover possession under and by virtue of the provisions of the laws of the jurisdiction in which the Building is located or by such other proceedings, including re-entry and possession, as may be applicable. If Lessor elects to terminate this Lease, everything herein contained on the part of Lessor to be done and performed shall cease without prejudice to the right of Lessor to recover from Lessee all rent accruing up to and through the date of termination of this Lease or the date of recovery of possession of the Demised Premises by Lessor, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Lessee's default as hereinabove provided, or if Lessee abandons the Demised Premises before the expiration or an agent termination of Lessee shall falsify any report required to be furnished to Lessor pursuant to the terms term of this Lease, the Demised Premises may be relet by Lessor for such rent and upon such terms as are not unreasonable under the circumstances, and, if the full rent hereinabove provided is not realized by Lessor, Lessee shall be liable for all damages sustained by Lessor, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in first-class rentable condition. Any damage or if Lessee loss of rent sustained by Lessor (including any deficiency between the rent reserved pursuant to the reletting and the rent reserved under this Lease, accelerated to the date of reletting) may be recovered by Lessor, at Lessor's 'option, at the time of the reletting, or any guarantor in separate actions, from time to time. as said damage shall have been made more easily ascertainable by successive relettings, or, at Lessor's option, may be deferred until the expiration of the term of this Lease Lease, in which event the cause of action shall become bankrupt or insolvent, or file not be deemed to have accrued until the date of expiration of said term. The provisions contained in this Section shall be in addition to and shall not prevent the enforcement of any debtor proceedings or any person shall take or claim Lessor may have against Lessee or any guarantor for anticipatory breach of the unexpired term of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's or any such guarantor's property, or if Lessee or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or if Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of execution, then in any such event Lessee shall be in default hereunder, and Lessor, in addition to other rights of remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned therebyLease.

DEFAULT OF LESSEE. 17. a. In the event All rights and remedies of Lessor herein enumerated shall be cumulative and are not intended to be exclusive of any other remedies or means of redress to which Lessor may be lawfully entitled in case of any breach or threatened breach of Lessee of any provision of this Lease. The failure of Lessee Lessor to pay insist in any rental due hereunder within ten (10) days after one or more cases upon the same shall be due, or strict performance of any failure to perform any other of the terms, conditions or covenants of this Lease or to exercise any option herein contained shall not be observed construed as a waiver or performed by Lessee relinquishment for more than thirty (30) days after written notice the future of such failure covenant or option. A receipt by Lessor of rent with knowledge of the breach of any covenant hereof (other than breach of the obligation to pay the portion of such rent paid) shall have been given to Lesseenot be deemed a waiver of such breach, or if Lessee or an agent and no waiver by Lessor of Lessee shall falsify any report required to be furnished to Lessor pursuant to the terms of this Lease, or if Lessee or any guarantor provisions of this Lease shall become bankrupt be deemed to have been made unless expressed in writing and signed by Lessor. In addition to other remedies in this Lease provided, Lessor shall be entitled to the restraint by injunction of the violation or insolventattempted or threatened violation of the covenants, or file any debtor proceedings or any person shall take or have against Lessee or any guarantor conditions and provisions of this Lease. Subject to laws relating to bankruptcy, if, during the term of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's or any such guarantor's propertyrenewal term, or if (i) Lessee or any such guarantor makes shall make an assignment for the benefit of creditors, or petitions (ii) a voluntary petition be filed by Lessee under any law having for its purpose the adjudication of Lessee a bankrupt, or enters into Lessee be adjudged a bankrupt pursuant to an arrangementinvoluntary petition in bankruptcy, or (iii) a receiver be appointed for the property of Lessee by reason of the insolvency of Lessee, or (iv) any department of the State or Federal government, or any officer thereof, duly authorized, shall take possession of the business or property of Lessee by reason of the insolvency of Lessee, the occurrence of any of such contingencies shall be deemed a breach of this Lease and this Lease shall ipso facto upon the happening of any of said contingencies be terminated and the same shall expire as fully and completely as if the day fixed for the expiration of the initial term of this Lease or any renewal term, as the case may be, had occurred, and Lessee will then quit and surrender the Premises, but Lessee shall remain liable as hereinafter provided. As used in this paragraph, the term "Lessee" shall also mean any guarantor of Lessee's obligations under this Lease. If, during the initial term of this Lease or any renewal term, (i) Lessee shall default in fulfilling any of the covenants, obligations, or agreements of this Lease (other than the covenants for the payment of rent payable by Lessee hereunder), or (ii) this Lease, without the prior written consent of Lessor or except as expressly permitted, shall be assigned, pledged, mortgaged, transferred, or sublet in any manner, Lessor may give Lessee written notice of such default or the happening of any contingency in this paragraph referred to and, if at the expiration of thirty (30) days after service of such notice the default or contingency upon which said notice was based shall continue to exist, or in the event of a default or contingency which cannot with due diligence be cured within a period of thirty (30) days, if Lessee fails to proceed promptly after the service of said notice and with all due diligence to commence to cure the same and thereafter to prosecute the curing of such default with all due diligence (it being intended that in connection with a default not susceptible of being cured with diligence within thirty [30] days, the time within which Lessee is to cure the same shall be extended for such period as may be necessary to complete the same with all due diligence), Lessor, at its option, may terminate this Lease and upon such termination Lessee will quit and surrender the Premises to Lessor but Lessee shall remain liable as hereinafter provided. If Lessee defaults in any payment of the rent expressly reserved hereunder, or any part of the same and such default shall continue for ten (10) business days after written notice thereof by Lessor, or if Lessee shall abandon make default in the Demised Premises payment of any item or suffer any charge required to be paid by Lessee hereunder, or any part of the same and such default shall continue for ten (10) business days after written notice thereof by Lessor, Lessor or Lessor's agent or servant may immediately or at any time thereafter terminate this Lease, and upon such termination for failure to pay such rent, item, or charge, or if this Lease shall terminate by reason of the insolvency of Lessee, as set forth above, Lessor or Lessor's agent or servant may re-enter the Premises and remove all persons and all or any property therefrom, either by summary dispossess proceedings, or by any suitable action or proceeding at law or by force or otherwise, without being liable to be taken under any writ of executionindictment, then in any prosecution, or damage therefor and repossess and enjoy the Premises, together with all additions, alterations and improvements, without such event Lessee shall be in default hereunder, and Lessor, in addition to other rights of remedies it may have, shall have the immediate right of re-entry and may remove all persons repossession working a forfeiture or waiver of the rents to be paid and property the covenants to be performed by Lessee during the full term of this Lease. Upon termination of this Lease or expiration of Lessee's right to occupy the Premises by reason of the happening of any of the foregoing events, or in any other manner or circumstances whatsoever, whether with or without legal proceedings, by reason of or based upon or arising out of a default or breach of this Lease on the part of Lessee, Lessor may, at its option, at any time and from time to time relet the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost ofany part or parts thereof, and for the account of Lessee or otherwise, and receive and collect the rent therefor, applying the same first to the payment of such expenses as Lessor may have incurred in recovering possession of the Premises, including attorney's fees and expenses for putting the same into good order and condition or preparing or altering the same for re-rental to the extent Lessor deems necessary or desirable and all other expenses, commissions and charges paid, assumed or incurred by Lessor in or about reletting the Premises and then to the fulfillment of the covenants of Lessee hereunder. Any such reletting herein provided for may be for the remainder of the initial term or any renewal term of this Lease, as originally granted, or for a longer or shorter period; Lessor shall have the right to change the character and use made of the Premises, and Lessor shall not be required to accept any substitute tenant offered by Lessee or to observe any instructions given by Lessee about reletting. In any such case, and whether or not the Premises or any part thereof be relet, Lessee shall pay to Lessor the Base Rent and all Additional Rent and other charges required to be paid by Lessee up to the later of the time of such termination of the Lease or of such recovery of possession of the Premises by Lessor, as the case may be, and thereafter, except in a case in which liability of Lessee as hereinafter provided, arises by reason of the happening of the insolvency of Lessee, Lessee covenants and agrees, if required by Lessor, to pay to Lessor (monthly) until the end of the initial term of this Lease, and/or any renewal term, as the case may be, the equivalent of the amount of all without service rent reserved hereunder, and all other charges required to be paid by Lessee, less the net proceeds of notice or resort to legal process reletting, if any. Lessor shall have the election at any time in place of and without being guilty instead of trespass, or becoming holding Lessee so liable for subsequent periods forthwith to recover against Lessee as damages for loss of the bargain and not as a penalty, an aggregate sum which at such time represents the excess, if any, of the present worth of the aggregate of the rent and all other charges payable by Lessee hereunder that would have accrued for the balance of the initial term, and/or any renewal term, as the case may be, over the then present worth of the fair market rents and all other charges (less the costs of anticipated leasing commissions and tenant improvements) for the Premises for the balance of such term. If this Lease shall terminate by reason of the bankruptcy or insolvency of Lessee, as above set forth, Lessor shall be entitled, notwithstanding any other provisions of this Lease or any present or future law, to recover from Lessee or Lessee's estate (in lieu of the equivalent of the amount of all rent unpaid at the time of such termination) as damages for loss of the bargain, and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, represents the excess, if any, of the then present worth of the aggregate of the rent and other charges payable by Lessee hereunder that would have accrued for the balance of the initial term and any renewal term, as the case may be, over the then present worth of the fair market rents and all other charges for the Premises for the balance of the initial term and any renewal term, as the case may be, unless any statute or damage rule of law governing the proceedings in which such damages are to be proved shall limit the amount of such claim capable of being so proved. In such case, Lessor shall be entitled to prove, as and for liquidated damages, by reason of such breach and termination of this Lease, the maximum amount which may be occasioned therebyallowed by or under such statute or rule of law. Nothing herein contained shall limit or prejudice Lessor's right to prove and obtain as liquidated damages arising out of such breach or termination the maximum amount allowed by any such statute or rule of law which may govern the proceedings in which such damages are to be proved whether or not such amount be greater, equal to, or less than the amount of the excess of the then present worth of the rent and all other charges reserved herein over the then present worth of the fair market rents and all other charges referred to above. Lessee shall pay, upon demand, all of Lessor's costs, charges and expenses, including reasonable attorney's fees and fees of agents and others retained by Lessor, incident to the enforcement of Lessee's obligations hereunder or incurred by Lessor in any litigation, negotiation or transaction in which Lessee causes Lessor without Lessor's fault to become involved or concerned, including a fee of Ten and 00/100 Dollars ($10.00) for any default notice given by Lessor to Lessee.

DEFAULT OF LESSEE. 17All rights and remedies of Lessor herein enumerated shall be cumulative and are not intended to be exclusive of any other remedies or means or redress to which Lessor may be lawfully entitled in case of any breach by Lessee of any provision of this Lease. a. The failure of Lessor to insist in any one or more cases upon the strict performance of any of the covenants of this Lease or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of such covenant or option. A receipt by Lessor of rent with knowledge of the breach of any covenant hereof (other than breach of the obligation to pay the portion of such rent) shall not be deemed a waiver of such breach, and no waiver by Lessor of any provisions of this Lease shall be deemed to have been made unless expressed in writing and signed by Lessor. In addition to other remedies in this Lease provided, Lessor shall be entitled to the restraint by injunction of the violation or attempted or threatened violation of the covenants, conditions and provisions of this Lease. Lessor agrees to make commercially reasonable efforts to mitigate damages in the event of any failure default of Lessee to pay any rental due hereunder within ten (10) days after Lessee. If, during the same shall be due, or any failure to perform any other of the terms, conditions or covenants term of this Lease to be observed or performed by Lessee for more than thirty any renewal term, (30i) days after written notice of such failure shall have been given to Lessee, or if Lessee or an agent of Lessee shall falsify any report required to be furnished to Lessor pursuant to the terms of this Lease, or if Lessee or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Lessee or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's or any such guarantor's property, or if Lessee or any such guarantor makes make an assignment for the benefit of creditors, or petitions (ii) a voluntary petition be filed by Lessee under any law having for its purpose the adjudication of Lessee a bankrupt, or enters into Lessee be adjudged a bankrupt pursuant to an arrangementinvoluntary petition in bankruptcy, or (iii) a receiver be appointed for the property of Lessee by reason of the insolvency of Lessee, or (iv) any department of the state or federal government, or any officer thereof, duly authorized, shall take possession of the business or property of Lessee by reason of the insolvency of Lessee, the occurrence of any of such contingencies shall be deemed a breach of this Lease and this Lease shall ipso facto upon the happening of any of said contingencies be terminated and the same shall expire as fully and completely as if the day fixed for the expiration of the initial term of this Lease or any renewal term, as the case may be, had occurred, and Lessee will then quit and surrender the Premises, but Lessee shall remain liable as hereinafter provided in Exhibit "F". If, during the initial term of this Lease or any renewal term, (i) Lessee shall default in fulfilling any of the covenants, obligations, or agreements of this Lease (other than the covenants for the payment of rent payable by Lessee hereunder), or (ii) this Lease, without the prior written consent of Lessor or except as expressly permitted, shall be assigned, pledged, mortgaged, transferred, or sublet in any manner, Lessor may give Lessee notice of such default or the happening of any contingency in this paragraph referred to and, if at the expiration of thirty (30) days after service of such notice the default or contingency upon which said notice was based shall continue to exist, or in the event of a default or contingency which cannot with due diligence be cured within a period of thirty (30) days, if Lessee fails to proceed promptly after the service of said notice and with all due diligence to commence to cure the same and thereafter to prosecute the curing of such default with all due diligence (it being intended that in connection with a default not susceptible of being cured with diligence within thirty (30) days, the time within which Lessee is to cure the same shall be extended for such period as may be necessary to complete the same with all due diligence), Lessor, at its option, may terminate this Lease and upon such termination Lessee will quit and surrender the Premises to Lessor but Lessee shall remain liable as hereinafter provided. If Lessee defaults in any payment of the rent expressly reserved hereunder, or any part of the same and such default shall continue for nineteen (19) days after written notice thereof by Lessor, or if Lessee shall abandon default in the Demised Premises payment of any item or suffer any charge required to be paid by Lessee hereunder, or any part of the same and such default shall continue for nineteen (19) days after written notice thereof by Lessor, Lessor or Lessor's agent or servant may immediately or at any time thereafter terminate this Lease, and upon such termination for failure to pay such rent, item, or charge, or if this Lease shall terminate by reason of the insolvency of Lessee, as set forth above, Lessor or Lessor's agent or servant may re-enter the Premises and remove all persons and all or any property therefrom, either by summary dispossess proceedings, or by any suitable action or proceeding at law or in equity, without being liable to be taken under any writ of executionindictment, then in any prosecution, or damage therefor and repossess and enjoy the Premises, together with all additions, alterations and improvements, without such event Lessee shall be in default hereunder, and Lessor, in addition to other rights of remedies it may have, shall have the immediate right of re-entry and may remove all persons repossession working a forfeiture or waiver of the rents to be paid and property the covenants to be performed by Lessee during the full term of this Lease. Upon termination of this Lease or expiration of Lessee's right to occupy the Premises by reason of the happening of any of the foregoing events, or in any other manner or circumstances whatsoever, whether with or without legal proceedings, by reason of or based upon or arising out of a default or breach of this Lease on the part of Lessee, Lessor may, at its option, at any time and from time-to-time relet the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost ofany part or parts thereof, and for the account of Lessee or otherwise, and receive and collect the rent therefor, applying the same first to the payment or such expenses as Lessor may have incurred in recovering possession of the Premises, including the attorney's fees and expenses for putting the same into good order and condition or preparing or altering the same for re-rental to the extent Lessor deems necessary or desirable and all other expenses, commissions and charges paid, assumed or incurred by Lessor in or about reletting the Premises and then to the fulfillment of the covenants of Lessee hereunder. Any such reletting herein provided for may be for the remainder of the initial term or any renewal term of this Lease, as originally granted, or for a longer or shorter period; Lessor shall have the right to change the character and use made of the Premises, and Lessor shall not be required to accept any substitute tenant offered by Lessee or to observe any instructions given by Lessee about reletting. In any such case, and whether or not the Premises or any part thereof be relet, Lessee shall pay to Lessor the Base Rent and all Additional Rent and other charges required to be paid by Lessee up to the later of the time of such termination of the Lease or of such recovery of possession of the Premises by Lessor, as the case may be, and thereafter, except in a case in which liability of Lessee as hereinafter provided, arises by reason of the happening of the insolvency of Lessee, Lessee covenants and agrees, if required by Lessor, to pay to Lessor until the end of the then current term of this Lease the equivalent of the amount of all without service rent reserved hereunder, and all other charges required to be paid by Lessee, less the net proceeds of notice or resort reletting, if any, and all other charges required to legal process and without being guilty be paid by Lessee, less the net proceeds of trespassreletting, if any, or becoming the rent that would have been paid by a bona fide substitute tenant offered by the Lessee and approved by Lessor which approval will not unreasonably be denied up to the limits specified in Exhibit "F". Lessor shall have the election in place of and instead of holding Lessee so liable forthwith to recover against Lessee as damages for loss of the bargain and not as a penalty, an aggregate sum which at the time of such termination of this Lease or of such recovery of possession of the Premises by Lessor, as the case may be, represents the then present worth of the excess, if any, of the aggregate of the rent and all other charges payable by Lessee hereunder that would have accrued for the balance of the initial term, and/or any renewal term, as the case may be, over the present value of the fair market rents for the Premises for the balance of such term. If this Lease shall terminate by reason of the bankruptcy or insolvency of Lessee, as above set forth, Lessor shall be entitled, notwithstanding any other provisions of this Lease or any present or future law, to recover from Lessee or Lessee's estate (in lieu of the equivalent of the amount of all rent unpaid at the time of such termination) as damages for loss of the bargain, and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, represents the excess, if any, of the then present worth of the aggregate of the rent and other charges payable by Lessee hereunder that would have accrued for the balance of the initial term and/or any renewal term, if renewal had previously been elected, as the case may be, over the then present value of the aggregate fair market rents for the Premises for the balance of the initial term and/or any renewal term, as the case may be, unless any statute or damage rule of law governing the proceedings in which such damages are to be proved shall limit the amount of such claim capable of being so proved. In such case, Lessor shall be entitled to prove, as and for liquidated damages, by reason of such breach and termination of this Lease, the maximum amount, which may be occasioned therebyallowed by or under such statute or rule of law. Nothing herein contained shall limit or prejudice Lessor's right to prove and obtain as liquidated damages by reason out of such breach or termination the maximum amount allowed by any such statute or rule of law which may govern the proceedings in which such damages are to be proved whether or not such amount be greater, equal to, or less than the amount of the excess of the then present value of the rent and other charges received herein over the then present value of the fair market rents referred to above less proceeds to Lessor from reletting and Lessee's obligation shall not exceed the limits established in Exhibit "F". Anything in this Article XXV to the contrary notwithstanding, in the event Lessor terminates this Lease or is entitled to possession of the Premises after surrender thereof by Lessee by reason of default by Lessee, Lessor shall use reasonable efforts under the circumstances to relet the space; provided, however, Lessor may lease or refrain from leasing, as Lessor deems appropriate, using the same standards as Lessor would normally use when leasing similar space (assuming Lessor had all ownership and financial risk as to such similar space).

DEFAULT OF LESSEE. 17. a. In the event of any failure of Lessee to pay any rental due hereunder within ten (10) days after the same shall be due, written notice or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Lessee for more than thirty (30) days after written notice of such failure shall have been given to Lessee, or if Lessee or an agent of Lessee shall falsify any report required to be furnished to Lessor pursuant to the terms of this Lease, or if Lessee or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Lessee or any guarantor of this Lease in any court pursuant to any statute statue either of the United States or of any state a petition in of bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's or any such guarantor's property, or if Lessee or any such guarantor makes an assignment for the benefit of or creditors, or petitions for or enters into an arrangement, or if Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of execution, then in any such event Lessee shall be in default hereunder, and Lessor, in addition to other rights of remedies it may have, shall have the immediate right of or re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby.

DEFAULT OF LESSEE. 17. a. In the event of any failure of Lessee to pay any rental due hereunder within ten (10) days after the same shall be due, or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Lessee for more than thirty (30) days after written notice of such failure shall have been given to Lessee, or if Lessee or an agent of Lessee shall falsify falsity any report required to be furnished to Lessor pursuant to the terms of this Lease, or if Lessee or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Lessee or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's or any such guarantor's property, or if Lessee or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or if Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of execution, then in any such event Lessee shall be in default hereunder, and Lessor, in addition to other rights of remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby.

DEFAULT OF LESSEE. 17. a. In This Lease shall, at the event option of Lessor, cease and terminate if (A) Lessee fails to pay rent in accordance with terms of Lease, including any installment of Monthly Rent, or any sums, charges, expenses and costs of any kind or nature identified in this Lease as additional rent, although no legal or formal demand has been made, and such failure of Lessee to pay any rental due hereunder within rent continues for a period of ten (10) days after written notice addressed to Lessee has been delivered by Lessor to the same shall be dueDemised Premises, or (B) Lessee violates or fails to perform any of the other conditions, covenants or agreements of this Lease made by Lessee, and any violation or failure to perform any other of the termsthose conditions, conditions covenants or covenants agreement continues for a period of this Lease to be observed or performed by Lessee for more than thirty twenty (3020) days after written notice of such failure shall have thereof has been given delivered by Lessor to Lessee, or, in cases where the violation or failure to perform cannot be corrected within twenty (20) days, Lessee does not begin to correct the violation or failure to perform within twenty (20) days after receiving Lessor's written notice and/or Lessee thereafter does not diligently pursue the correction of the violation or failure to perform. Any said violation or failure to perform or to pay any rent, if left uncorrected, shall operate as a notice to quit, any further notice to quit or notice of Lessor's intention to re-enter being hereby expressly waived. Lessor may thereafter proceed to recover possession under and by virtue of the provisions of the laws of the jurisdiction in which the Building is located or by such other proceedings, including re-entry and possession, as may be applicable. If Lessor elects to terminate this Lease, everything herein contained on the part of Lessor to be done and performed shall cease without prejudice to the right of Lessor to recover from Lessee all rent accruing up to and through the date of termination of this Lease or the date of recovery of possession of the Demised Premises by Lessor, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Lessee's default as hereinabove provided, or if Lessee abandons or an agent vacates the Demised Premises before the expiration or termination of Lessee shall falsify any report required to be furnished to Lessor pursuant to the terms term of this Lease, or the Demised Premises may be relet by Lessor for such rent and upon such terms as are not unreasonable in the sole option of Lessor under the circumstances, and, if the full rent hereinabove provided is not realized by Lessor, Lessee or any guarantor shall be liable for all damages sustained by Lessor, including, without limitation, deficiency in rent, reasonable attorneys' fees, and brokerage fees, prorated to reflect only those fees attributable to the portion of the re-let term coinciding with the balance of the term of this Lease shall become bankrupt which was in effect at the time of the default and expenses of placing the Demised Premises in first-class rentable condition. Any damage or insolventloss of rent sustained by Lessor may be recovered by Lessor, at Lessor's option, at the time of the reletting, or file in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive reletting, or, at Lessor's option, may be deferred until the expiration of the term of this Lease, in which event the cause of action shall not be deemed to have accrued until the date of expiration of said term. The provisions contained in this section shall be in addition to and shall not prevent the enforcement of any debtor proceedings or any person shall take or claim Lessor may have against Lessee or any guarantor for anticipatory breach of the unexpired term of this Lease in Lease. In the event of any court pursuant to action or proceeding brought by either party hereto against the other based upon or arising out of any statute either breach of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for terms and conditions hereof, the appointment of a receiver or trustee of all or a portion of Lessee's or any such guarantor's property, or if Lessee or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or if Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of execution, then in any such event Lessee prevailing party shall be in default hereunderentitled to recover all costs, and Lessorincluding reasonable attorneys' fees, in addition to other rights of remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned therebyother.

DEFAULT OF LESSEE. 17. a. In This Lease shall, at the event option of any failure of Lessor, cease and terminate if (i) Lessee shall fail to pay rent including any rental due hereunder installment of monthly rent, costs of preoccupancy tenant work, or any additional rent or other charges, although no legal or formal demand has been made, and such failure to pay rent shall continue for a period of five (5) days after written notice has been delivered by Lessor to Lessee, or (ii) Lessee shall violate or fail to perform any of the other conditions, covenants or agreements of this Lease made by Lessee, and any violation or failure to perform any of those conditions, covenants or agreements shall continue for a period of ten (10) days, after written notice thereof has been delivered by Lessor to Lessee, or in cases where the violation or failure to perform cannot be corrected within ten (10) days, Lessee does not begin to correct the violation or failure to perform within ten (10) days after receiving Lessor's written notice and/or Lessee thereafter does not diligently pursue the same shall be due, correction of the violation or any failure to perform. Any said violation or failure to perform or to pay any other rent, if left uncorrected, shall operate as a notice to quit, any further notice to quit or notice of Lessor's intention to re-enter being hereby expressly waived. Lessor may hereafter proceed to recover possession under and by virtue of the termsprovisions of the laws of the District of Columbia or by such other proceedings, conditions including re-entry and possession, as may be applicable. If Lessor elects to terminate this Lease, everything herein contained on the part of Lessor to be done and performed shall cease without prejudice to the right of Lessor to recover from Lessee all accrued rent up to the time of termination or covenants recovery of possession by Lessor, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease to be observed or performed by Lessee for more than thirty (30) days after written notice of such failure shall have been given to Lessee, or if Lessee or an agent of Lessee shall falsify any report required to be furnished to Lessor pursuant to the terms of this Lease, or if Lessee or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Lessee or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion reason of Lessee's or any such guarantor's property, or if Lessee or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangementdefault as hereinabove provided, or if Lessee shall abandon or vacate the Demised Premises before the expiration or suffer termination of the term of this Lease, the Demised Premises may be relet by Lessor for a monthly rent and upon such terms as are not unreasonable under the circumstances and, if the full monthly rent provided for in this Lease to shall not be taken under any writ of executionrealized by Lessor, then in any such event Lessee shall be liable for all damages sustained by Lessor, including, without limitation, deficiency in default hereunderrent and other payments, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in first class rentable condition. Any damage or loss of monthly rent sustained by Lessor may be recovered by Lessor, at Lessor's option, at the time of the reletting, or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or, at Lessor's option, may be deferred until the expiration of the term of this Lease, in which event the cause of action shall not be deemed to have accrued until the date of expiration of said term. The provisions contained in this section shall be in addition to other rights and shall not prevent the enforcement of remedies it any claim Lessor may have, shall have against Lessee for anticipatory breach of the immediate right unexpired term of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned therebythis Lease.

DEFAULT OF LESSEE. 17. a. In the event of any failure of Lessee to pay any rental due hereunder within ten (10) days after the same shall be due, and after written notice thereof from Lessor, except if such notice is given two times in any twelve month period, then no notice shall be required by Lessor in the case of any additional occurrences during such twelve month period and default begins on the date, 10 days after any rental is due and not pad by Lessee or any failure to perform any other of the terms, conditions conditions, or covenants of this Lease to be observed or performed by Lessee for more than thirty (30) days after written notice of such failure shall have been given to Lessee, or if Lessee or an agent of Lessee shall falsify any report required to be furnished to Lessor pursuant to the terms of this Lease, or if Lessee or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Lessee or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's ’s or any such guarantor's ’s property, or if Lessee or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangementarrangement with its creditors, or if Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of execution, then in any such event Lessee shall be in default hereunder, and Lessor, in addition to other rights of remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, all without service of notice or resort to legal process and without being guilty of trespass, trespass or becoming liable for any loss or damage which may be occasioned thereby.

DEFAULT OF LESSEE. 17. a. In the event of any failure of Lessee to pay any rental due hereunder within ten (10) days after the same shall be due, or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Lessee for more than thirty (30) days after written notice of such failure shall have been given to ERR Lessee, or if Lessee or an agent of Lessee shall falsify any report required to be furnished to Lessor pursuant to the terms of this Lease, or if Lessee or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Lessee or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's or any such guarantor's property, or if Lessee or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or if Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of execution, then in any such event Lessee shall be in default hereunder, and Lessor, in addition to other their rights of or remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned therebyas provided in Minnesota Statutes Chapter 566.

DEFAULT OF LESSEE. 17This Lease shall, at the option of Lessor, cease and terminate if. a. In i) Lessee fails to pay Rent, including any installment of Monthly Rent, additional Rent, costs of the event Improvements (if any are payable by Lessee hereunder), or any sums, charges, expenses and costs of any kind or nature identified in this Lease as additional Rent, although no legal or formal demand has been made, and such failure of Lessee to pay Rent continues for a period of five (5) days after written notice addressed to Lessee has been delivered by Lessor to the Demised Premises (and to no other address, notwithstanding any rental due hereunder other notice address for the Lessee pursuant to section 41 of this Lease); or ii) Lessee violates or fails to perform any of the other conditions, covenants or agreements of this Lease, and any violation or failure to perform any of those conditions, covenants or agreements continues for a period of ten (10) days after written notice thereof has been delivered by Lessor to Lessee, or, in cases where the violation or failure to perform cannot by its nature be corrected within ten (10) days, Lessee does not begin to correct the violation or failure to perform within ten (10) days after receiving Lessees written notice and/or Lessee thereafter does not diligently pursue the same shall be due, correction of the violation or any failure to perform. Any said violation or failure to perform or to pay any other Rent, if left uncorrected, shall operate as a notice to quit, any further notice to quit or notice of Lessor's intention to re-enter being hereby expressly waived. Lessor may thereafter proceed to recover possession under and by virtue of the termsprovisions of the laws of the jurisdiction in which the Building is located or by such other proceedings, conditions or covenants including re-entry and possession, as may be applicable. If Lessor elects to terminate this Lease, everything herein contained on the part of Lessor to be done and performed shall cease without prejudice to the right of Lessor to recover from Lessee all Rent accruing up to and through the date of termination of this Lease to or the date of recovery of possession of the Demised Premises by Lessor, whichever is later. Should this Lease be observed or performed terminated before the expiration of the term of this Lease by Lessee for more than thirty (30) days after written notice reason of such failure shall have been given to Lessee's default as hereinabove provided, or if Lessee abandons or an agent vacates the Demised Premises before the expiration or termination of Lessee shall falsify any report required to be furnished to Lessor pursuant to the terms term of this Lease, the Demised Premises may be relet by Lessor for such rent and upon such terms as are not unreasonable under the circumstances, and, if the full rent hereinabove provided is not realized by Lessor, Lessee shall be liable for all damages sustained by Lessor, including, without limitation, deficiency in Rent, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in a condition equal to that of the Demised Premises on the Occupancy Date. Any damage or if Lessee loss of Rent sustained by Lessor may be recovered by Lessor, at Lessees option, at the time of the reletting, or any guarantor in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive reletting, or, at Lessees option, may be deferred until the expiration of the term of this Lease Lease, in which event the cause of action shall become bankrupt or insolvent, or file not be deemed to have accrued until the date of expiration of said term. The provisions contained in this section shall be in addition to and shall not prevent the enforcement of any debtor proceedings or any person shall take or claim Lessor may have against Lessee or any guarantor for anticipatory breach of the unexplored term of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's or any such guarantor's property, or if Lessee or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or if Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of execution, then in any such event Lessee shall be in default hereunder, and Lessor, in addition to other rights of remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned therebyLease.

DEFAULT OF LESSEE. 17. a. In the event of any failure of Lessee to pay any rental due hereunder within ten (10) days after the same shall be due, or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Lessee for more than thirty (30) days after written notice of such failure shall have been given to Lessee, or if Lessee or an agent of Lessee shall falsify any report required to be furnished to Lessor pursuant to the terms of this Lease, or if Lessee or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Lessee or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's or any such guarantor's property, or if Lessee or any such guarantor makes an assignment for the benefit of creditors, creditors or petitions for or enters into an arrangement, arrangement or if Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of execution, then in any such event Lessee shall be in default hereunder, hereunder and Lessor, in addition to other rights of remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby.

DEFAULT OF LESSEE. 17The Lessee further covenants and agrees that, if Lessee fails to pay, when due, the Rent or any other amounts payable hereunder, or any part thereof, or in case of a breach of any of the covenants, obligations or agreements herein, or if the estate or any ownership interest whatsoever of Lessee (including, but not limited to, membership and partnership interests and stocks) is transferred, assigned or sold to or passes to or devolves upon any other person, entity or party, Lessor may terminate this Lease and/or terminate Lessee's right to possession of the Leased Premises under this Lease, and after the expiration of three (3) days from the date of service of a written notice to that effect, Lessor will be entitled to the possession of the Leased Premises. a. If the Lessee shall refuse to surrender and deliver up the possession of the Leased Premises, after the service of said notice, then and in that event, the Lessor may, without further notice or demand, enter into and upon the Leased Premises, or any part thereof, and take possession thereof and repossess the same as of the Lessor's former estate, and expel, remove and put out of possession the Lessee, using such help, assistance and force in so doing as may be needful and proper, without being liable for prosecution or damages therefore, and without prejudice to any remedy allowed by law available in such cases. In the event of any failure of this Lease is terminated, Lessor will be entitled to recover against Lessee to pay any rental due hereunder within ten (10) days after the same shall be due, or any failure to perform any other as damages for loss of the termsbargain and not as a penalty, conditions or covenants an aggregate sum which, at the time of this Lease such termination, represents the excess, if any, of the aggregate of the Rent and all other sums payable by Lessee hereunder that would have accrued for the balance of the term over the aggregate rental value of the Leased Premises (such rental value to be observed or performed by Lessee computed on the basis of a lessee paying not only a rent to Lessor for more than thirty (30) days after written notice the use and occupation of the Leased Premises, but also such failure shall have been given to Lessee, or if Lessee or an agent of Lessee shall falsify any report other charges as are required to be furnished to Lessor pursuant to paid by Lessee under the terms of this Lease) for the balance of such term, both discounted to present worth at the rate of eight percent (8%) per annum. Alternatively, at the sole option of Lessor, Lessee will remain liable to Lessor for damages in an amount equal to the Rent and other sums arising under the Lease for the balance of the term had the Lease not been terminated, less the net proceeds, if any, from any subsequent reletting after deducting all expenses associated therewith. This paragraph shall be supplemental to any other Sections herein which provide for Lessor's remedies. Taking of possession by Lessor, or if Lessee or any guarantor Lessor's service of an eviction demand shall not constitute an election by Lessor to terminate this Lease shall become bankrupt or insolventLease, or file any debtor proceedings or any person shall take or have against Lessee or any guarantor of this Lease unless expressly so stated in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's or any such guarantor's property, or if Lessee or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or if Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of execution, then in any such event Lessee shall be in default hereunder, and Lessor, writing. All remedies stated herein are in addition to and cumulative with all other rights remedies provided by law and equity. No failure by Lessor to insist upon the strict performance of remedies it may haveany agreement, term, covenant or condition hereof or to exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial Rent during the continuance of any such breach, shall have the immediate right constitute a waiver of re-entry and may remove all persons and property from the Demised Premises and any such property may breach of such agreement, term, covenant or condition. No agreement, term, covenant or condition hereof to be removed and stored in a public warehouse performed or elsewhere at the cost ofcomplied with by Lessee, and for the account of Lesseeno breach thereof, all without service of notice will be waived, altered or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned therebymodified except in writing provided by Lessor in its sole discretion.

DEFAULT OF LESSEE. 17. a. In the event of any failure of Lessee If lessee shall fail to pay any rental due hereunder within monthly installment of rent as aforesaid (although no legal or formal demand has been made therefor), or shall violate or fail to perform any of the other conditions, covenants or agreements herein made by lessee, and such violation or failure shall continue for a period of ten (10) days after written notice thereof to lessee by lessor, (but no written notice to lessee is necessary in the event of failure to pay a monthly installment of rent), then and in any of said events this lease shall, at the option of lessor, cease and terminate and shall operate as a notice to quit, any notice to quit or of lessor's intention to re-enter being hereby expressly waived, and lessor may proceed to recover possession under and by virtue of the provisions of the laws of the State of Virginia, or by such other proceedings, including re-entry and possession, as may be applicable. If lessor elects to terminate this lease, everything herein contained on the part of lessor to be done and performed shall cease without prejudice to the right of lessor to recover from lessee all rental accrued up to the time of termination of the term of this lease, the demised premises may be relet by lessor for such rent and upon such terms as are not unreasonable under the circumstances and, if the full rental hereinabove provided shall not be realized by lessor, lessee shall be liable for all damages sustained by lessor, including, without limitation, deficiency in rent, reasonable attorney's fees, brokerage fees, and expenses of placing the demised premises in first class rentable condition. Lessor shall not be required to so relet the demised premises, either pursuant to this lease or by any requirement of law or equity, to any person who, in lessor's sole judgment, shall not be of sound financial standing and ability, and possess good reputation, business judgment and operating ability, or for any use or purpose which, in lessor's judgment, shall not be the same shall be dueor substantially the same as the uses of the demised premises permitted under this lease, or any failure to perform any other shall not be in keeping with the caliber and quality of the termsbuilding and its other tenants. In addition, conditions if lessee shall have failed to move into or covenants take possession of this Lease to be observed or performed by Lessee for more than thirty the demised premises within fifteen (3015) days after written notice the commencement of such failure shall have been given to Lessee, or if Lessee or an agent of Lessee shall falsify any report required to be furnished to Lessor pursuant to the terms term of this Leaselease if the date fixed for such commencement shall be postponed as herein provided and to open the demised premises for business fully fixtured, or if Lessee or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Lessee or any guarantor of this Lease in any court pursuant to any statute either of stocked and staffed within the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's or any such guarantor's property, or if Lessee or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or if Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of executiontime herein provided, then in any such event Lessee the lessor shall be in default hereunder, and Lessorhave, in addition to any and all remedies herein provided, the right at its sole option and discretion to collect the minimum rent herein provided, for each and every day that the lessee shall fail to commence to do business as herein provided. Any damage or loss of rental sustained by lessor may be recovered by lessor at lessor's option, at the time of relocation in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or, at lessor's option, may be deferred until the expiration of the term of this lease, in which event the cause of action shall not be deemed to have accrued until the date of expiration of said term. If lessor should commence any summary proceeding for non-payment of rent by lessee, lessee shall not interpose any counterclaim of any nature or description in any such proceeding. The provisions contained in this paragraph shall be in addition to and shall not prevent the enforcement of any claim lessor may have against lessee for anticipatory breach of the unexpired term of this lease. In the event that lessee continues to occupy the demised premises after the expiration of the term of this lease, with the express or implied consent of lessor, such tenancy shall be from month to month and shall not be renewal of the term of this lease or a tenancy from year to year. All rights and remedies of lessor under this lease shall be cumulative and shall not be exclusive of any other rights of and remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, all without service of notice or resort provided to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned therebylessor under applicable law.

DEFAULT OF LESSEE. 17. a. In This Lease shall, at the event option of Lessor, cease and terminate if: i) Lessee fails to pay Rent, including any installment of Monthly Rent, additional Rent, costs of the Improvements (if any are payable by Lessee hereunder), or any sums, charges, expenses and costs of any kind or nature identified in this Lease as additional Rent, although no legal or formal demand has been made, and such failure of Lessee to pay Rent continues for a period of five (5) days after written notice addressed to Lessee has been delivered by Lessor to the Demised Premises (and to no other address, notwithstanding any rental due hereunder other notice address for the Lessee pursuant to section 41 of this Lease); or ii) Lessee violates or fails to perform any of the other conditions, covenants or agreements of this Lease, and any violation or failure to perform any of those conditions, covenants or agreements continues for a period of ten (10) days after written notice thereof has been delivered by Lessor to Lessee, or, in cases where the violation or failure to perform cannot by its nature be corrected within ten (10) days, Lessee does not begin to correct the violation or failure to perform within ten (10) days after receiving Lessor’s written notice and/or Lessee thereafter does not diligently pursue the same shall be due, correction of the violation or any failure to perform. Any said violation or failure to perform or to pay any other Rent, if left uncorrected, shall operate as a notice to quit, any further notice to quit or notice of Lessor’s intention to re-enter being hereby expressly waived. Lessor may thereafter proceed to recover possession under and by virtue of the termsprovisions of the laws of the jurisdiction in which the Building is located or by such other proceedings, conditions or covenants including re-entry and possession, as may be applicable. If Lessor elects to terminate this Lease, everything herein contained on the part of Lessor to be done and performed shall cease without prejudice to the right of Lessor to recover from Lessee all Rent accruing up to and through the date of termination of this Lease to or the date of recovery of possession of the Demised Premises by Lessor, whichever is later. Should this Lease be observed or performed terminated before the expiration of the term of this Lease by Lessee for more than thirty (30) days after written notice reason of such failure shall have been given to Lessee’s default as hereinabove provided, or if Lessee abandons or an agent vacates the Demised Premises (coupled with non payment of Lessee shall falsify any report required to be furnished to Lessor pursuant to Rent) before the terms expiration or termination of the term of this Lease, the Demised Premises may be relet by Lessor for such rent and upon such terms as are not unreasonable under the circumstances, and, if the full rent hereinabove provided is not realized by Lessor, Lessee shall be liable for all damages sustained by Lessor, including, without limitation, deficiency in Rent, reasonable attorneys’ fees, brokerage fees, and expenses of placing the Demised Premises in a condition equal to that of the Demised Premises on the Occupancy Date. Any damage or if Lessee loss of Rent sustained by Lessor may be recovered by Lessor, at Lessor’s option, at the time of the reletting, or any guarantor in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or, at Lessor’s option, may be deferred until the expiration of the term of this Lease Lease, in which event the cause of action shall become bankrupt or insolvent, or file not be deemed to have accrued until the date of expiration of said term. The provisions contained in this section shall be in addition to and shall not prevent the enforcement of any debtor proceedings or any person shall take or claim Lessor may have against Lessee or any guarantor for anticipatory breach of the unexpired term of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's or any such guarantor's property, or if Lessee or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or if Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of execution, then in any such event Lessee shall be in default hereunder, and Lessor, in addition to other rights of remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned therebyLease.

DEFAULT OF LESSEE. 17. a. In If (a) Lessee shall fail to carry out and perform any of its obligations under this Lease, or shall fail to satisfy Lessor that it has commenced a program to correct such deficiency which, in the event sole judgment of any failure of Lessee to pay any rental due hereunder Lessor, will correct the deficiency within ten a reasonable time thereafter, within twenty (1020) days after Lessor shall have demanded in writing performance thereof, or (b) if a petition in bankruptcy or for reorganization or for a trustee or receiver is filed by or against Lessee and all of the obligations of Lessee under this Lease shall not have been duly assumed by the trustee or receiver appointed, if any, in such proceeding or otherwise given the same shall be due, status as obligations assumed by the trustee or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Lessee for more than receiver within thirty (30) days after written notice of the appointment, if any, or sixty (60) days after such failure proceedings shall have been given commenced, whichever shall be earlier, Lessor may take possession of the cars and any accessions thereto wherever they may be found and at the election of Lessor, or its assignee as the case may be, either (i) declare the Lease terminated in which event all rights and obligations of the parties hereunder shall cease except only the obligations of Lessee to pay accrued rentals to the date of retaking, or (ii) attempt to relet the cars as agent of Lessee, or if Lessee or an agent apply the proceeds of Lessee shall falsify any report required to be furnished to Lessor pursuant such reletting first to the terms reasonable expenses that may be incurred in the retaking and delivery of the cars to the new Lessee, then the payment of amounts due Lessor under this Lease, or if Lessee or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Lessee or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's or any such guarantor's property, or if Lessee or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or if and Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of execution, then in any such event Lessee shall be in default hereunder, and Lessor, in addition to other rights of remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, all without service of notice or resort to legal process and without being guilty of trespass, or becoming remain liable for any loss sums xxxxxning due after so applying the proceeds so realized. Lessee shall pay said deficit monthly as the same may accrue. Lessor shall make all reasonable efforts to relet the cars at a rental equal to or damage which may be occasioned therebygreater than that paid by Lessee.

DEFAULT OF LESSEE. 17. a. In Any of the event following events shall be a default of Lessee: (a) Lessee's default in the payment on the due date of the Basic Rents and/or additional rents and/or any failure other payment required of Lessee by this Lease, unless Lessee shall cure such default within five (5) days after the due date of such Basic Rent (except that once each Lease Year the due date shall be extended to pay any rental due hereunder within ten (10) days after so as to be consistent with the same shall be due, or one time extension for late payment granted at Paragraph 3(D) above) and/or Additional Rent and/or other payment required of Lessee hereunder; (b) Lessee's default in the performance of any failure to perform any other of the terms, conditions or other covenants of Lessee or conditions of this Lease to be observed or performed by Lease, unless Lessee for more than thirty shall cure such default within twenty (3020) days after written notice of such failure shall have been default given to Lessee, by Lessor (or if any such default is of such nature that it cannot be completely cured within such period, then unless Lessee or an agent shall commence such curing within twenty (20) days after written notice of such default given by Lessor and shall thereafter proceed with reasonable due diligence and in good faith to cure such default and shall succeed in curing such default within a reasonable period of time, and provided that the existence of such default for more than twenty (20) days does not, in Lessor's reasonable judgment, itself result in substantial damages to Lessor and place Lessor in risk of substantial damage by such additional time to cure such default); (c) insolvency of Lessee shall falsify any report required to be furnished to Lessor pursuant to the terms as set forth in Paragraph 11 of this Lease, ; (d) the sale or if Lessee attempted sale by or any guarantor of this Lease shall become bankrupt under execution or insolvent, or file any debtor proceedings or any person shall take or have against Lessee or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion other legal process of Lessee's or any such guarantorleasehold interest hereunder and/or substantially all of Lessee's propertyother assets; (e) the initiation of legal proceedings to effect, or if Lessee resulting in, the seizure, sequestering or impounding of any such guarantor makes an assignment for the benefit of creditorsLessee's goods or chattels used in, or petitions for incident to, the operation of the Premises by Lessee; (f) assignment by operation of law of Lessee's leasehold interest hereunder; (g) any attempt by Lessee to assign the within Lease or enters into an arrangement, or if Lessee shall abandon sublet the Demised Premises or suffer without the express prior written consent of the Lessor other than as permitted in this Lease to be taken under any writ of execution, then in any such event Lessee shall be in default hereunder, and Lessor, in addition to other rights of remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned therebyLease.

DEFAULT OF LESSEE. 17. a. In the event of any failure of Lessee the LESSEE shall fail to pay any rental of the rent or other sums and charges herein required by it to be paid and LESSEE shall further fail to pay all of aforesaid sums due hereunder within ten (10) calendar days after the same shall be duereceipt of written notice from LESSOR advising LESSEE of such default, or any failure in the event the LESSEE shall fail to perform and comply with any other of the terms, covenants and conditions or covenants of this Lease lease herein required by it to be observed or performed by Lessee for more than and complied with, and LESSEE shall further fail to perform and comply with such covenants and conditions and cure such default within thirty (30) calendar days after receipt of written notice from LESSOR advising LESSEE of such failure default (provided, that if LESSEE proceeds with due diligence during such thirty (30) day period to cure such default and is unable by reason of the nature of the work involved to cure the same within said thirty (30) days, then LESSEE shall have been given an additional period of time not to Lesseeexceed fifteen (15) days to cure such default; provided, further, however, that such extension of time shall not subject LESSOR to any liability, and the interest of LESSOR in the demised premises shall not be jeopardized by reason thereof), or if Lessee or an agent of Lessee in the event the LESSEE shall falsify any report required to be furnished to Lessor pursuant to the terms of this Lease, or if Lessee or any guarantor of this Lease shall become adjudicated a bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Lessee or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a voluntary petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's or any such guarantor's propertybe filed by LESSEE, or if Lessee should this leasehold be taken under execution, attachment or any such guarantor makes other process of law, or should LESSEE make an assignment for the benefit of creditorscreditors or a receiver or trustee be appointed for LESSEE, and said bankruptcy adjudication or petition, execution or attachment, assignment for the benefit of creditors or appointment of receiver or trustee, not be vacated, released, dismissed or otherwise corrected within sixty (60) calendar days after the date of same, or petitions should LESSEE vacate or abandon said premises, the terms "vacate" or "abandon" for purposes of this paragraph being defined as LESSEE'S failure to open the leased premises for a period of five (5) consecutive days, except where LESSEE shall either have the right hereunder to remain closed for such period or enters into an arrangementsame is due to reasons constituting force majeure, or if Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of executionthen, then in any such event Lessee shall be in default hereunderof the aforesaid events, without further written notice from LESSOR to LESSEE, and Lessorwithout terminating this lease, in addition or, if LESSOR shall elect to other rights terminate this lease, upon notice to LESSEE of remedies it may havesuch termination, the said LESSOR shall have the immediate right to enter and repossess the leased premises by force or otherwise, without any requirement of re-legal proceeding or court order, to have the locks on all doors to the premises changed, and to remove therefrom the said LESSEE and LESSEE's property, and anyone claiming by, through or under the LESSEE; or, in the alternative, LESSOR may terminate this lease and allow LESSEE to remain in possession of said premises and to continue in business thereon upon a month to month tenancy at the same rents, terms and conditions as set forth in the terminated lease except as to term, and LESSOR may thereafter terminate such month to month tenancy upon thirty (30) days written notice to LESSEE; and, whether or not LESSOR shall have terminated this lease or LESSEE'S occupancy of the premises, LESSOR shall have full right to xxx for and collect all sums or amounts with respect to which LESSEE may then be in default and accrued up to the time of such entry or termination, including damages to the LESSOR by reason of any breach or default on the part of the LESSEE, or the LESSOR may bring suit for the collection of such rents and damages without entering into possession of the premises or avoiding this lease. LESSEE agrees that LESSOR'S election hereunder to terminate this lease and to allow LESSEE to remain in occupancy of the premises and to continue in business thereon pursuant to the same rents, terms and conditions set forth in the terminated lease, except as to term, shall not in any way relieve LESSEE from its responsibility and obligation to be and remain liable for all rents and other sums due and to become due and all other obligations of the LESSEE set forth in the lease, including repair and maintenance obligations, for the period equating to the balance of time remaining between the date of termination of the lease and the date which would have been the normal expiration date of the lease term had this lease not been terminated; and LESSEE specifically agrees that LESSOR'S damages shall include but not be limited to the value of such rents and other sums and obligations which will continue for such period, plus interest thereon, court costs and legal fees. In addition to, but not in limitation of any of the remedies set forth in this lease or given to the LESSOR by law or in equity, LESSOR shall have the right and option, in the event of any default by the LESSEE under this lease and the continuance of such default after the period of notice above provided, to retake possession of the premises from the LESSEE by summary proceedings or otherwise, and it is agreed that the commencement and prosecution of any action by the LESSOR in forcible entry and may remove detainer, ejectment or otherwise, or any execution of any judgment or decree obtained in any action to recover possession of the premises, shall not be construed as an election to terminate this lease unless LESSOR expressly exercises its option hereinbefore provided to declare the term hereof ended, whether or not such entry or reentry be had or taken under summary proceedings or otherwise, and shall not be deemed to have absolved or discharged the LESSEE from any of its obligations and liabilities for the remainder of the term of this lease, and the LESSEE shall, notwithstanding such entry or reentry, continue to be liable for the payment of the rents and all persons other sums and property charges hereunder and the performance of the other covenants and conditions hereof and shall pay to the LESSOR all monthly deficits after such reentry in monthly installments as the amounts of such deficits from time to time are ascertained, and, if in the Demised Premises event of any such ouster, the LESSOR rents or leases the premises to some other person, firm or corporation (whether for a term greater, less than or equal to the unexpired portion of the term created hereunder) for an aggregate rent during the portion of such new lease coextensive with the term created hereunder which is less than the rent and other charges which the LESSEE would pay hereunder for such property period LESSOR may, immediately upon the making of such new lease or the creation of such new tenancy, xxx for and recover the difference between the aggregate rental provided for in said new lease for the portion of the term coextensive with the term created hereunder and the rent which LESSEE would pay hereunder for such period, together with any expense to which the LESSOR may be removed put for brokerage commission, placing the premises in tenantable condition for any new tenant, or otherwise with respect to said premises. If such new lease or tenancy is made for a shorter term than the balance of the term of this lease, any such action brought by the LESSOR to collect the deficit for that period, shall not bar the LESSOR from thereafter suing for any loss accruing during the balance of the unexpired term of this lease. Notwithstanding any provisions to the contrary elsewhere in this subparagraph G., in the event LESSOR shall give LESSEE written notice twice in any lease year that the payment of rent or other lease charges is more than ten (10) days late past the due date thereof, LESSOR shall not thereafter during such same lease year be required to further notify LESSEE of such a late payment. Further, LESSOR may then proceed, without further notice, to terminate this lease and/or to commence eviction proceedings against LESSEE, or to take any other action against LESSEE for default as may be permitted under this lease, at law or in equity, without the LESSEE having any further rights hereunder to cure or remedy such default; and stored LESSEE hereby waives any right it may have or to which it may be entitled, to cure or remedy a default in a public warehouse the payment of rent or elsewhere other lease charges after it has in any lease year been twice notified by LESSOR of such late payment thereof, the LESSEE acknowledging and agreeing that LESSOR ought not to be required, more than twice in any lease year, to suffer or permit any tenant to unfairly circumvent (for whatever reason) the rental provisions of this lease which require rent and other charges to be paid by certain specified dates, without notice or demand. If LESSEE at the cost ofany time shall fail to pay any Taxes, and assessments, liens or insurance payments provided for hereunder, or shall fail to make any other payment or perform any other act required by this lease to be made or performed by it, LESSOR, without waiving or releasing LESSEE from any obligation or default under this lease, may (but shall not be obligated to) at any time thereafter make such payment or perform such act for the account and at the expense of LesseeLESSEE. All sums so paid by LESSOR and all costs and expenses so incurred, all without service shall accrue interest at the highest annual rate allowed under the laws of notice the State of ___________, from the date of payment or resort incurring thereof by LESSOR and shall constitute additional rent payable by LESSEE under this lease and shall be paid by LESSEE to legal process LESSOR upon demand. All rights and without being guilty remedies of trespass, LESSOR herein enumerated shall be cumulative and none shall exclude any other remedies allowed at law or becoming liable for any loss or damage which may be occasioned therebyin equity.

DEFAULT OF LESSEE. 17. a. (a) In the event of any failure of Lessee LESSEE to pay any rental due hereunder within ten (10) days after the same shall be due, or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Lessee LESSEE for more than thirty (30) days after written notice of such failure shall have been given to LesseeLESSEE, or if Lessee LESSEE or an any agent of Lessee LESSEE shall falsify any report required to be furnished to Lessor LESSOR pursuant to the terms of this Lease, or if Lessee LESSEE or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Lessee LESSEE or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's LESSEE'S or any such guarantor's property, or if Lessee LESSEE or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangementarrangement with its creditors, or if Lessee LESSEE shall abandon the Demised Premises or suffer this Lease to be taken under any writ of execution, then in any such event Lessee LESSEE shall be in default hereunder, and LessorLESSOR, in addition to other rights of remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of LesseeLESSEE, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby.

DEFAULT OF LESSEE. 17. a. In the event of any failure of the Lessee shall abandon or vacate the Premises, fail to pay any rental due hereunder within ten (10) days after the same shall be duesaid rent, or any failure fail to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Lessee for more than thirty (30) days after written notice of such failure shall have been given to Lessee, or if Lessee or an agent of Lessee shall falsify any report required to be furnished to Lessor pursuant to the terms of pay expenses as prescribed in this Lease, or if Lessee or any guarantor of this Lease shall become bankrupt or insolventpart therein, or file if after days written notice from Lessor, Lessee shall fail to cure any debtor proceedings other default in performance of its obligations under this Lease, then, the Lessee and Lessor hereto expressly agree and covenant that the Lessor may declare the Lease terminated and may immediately re-enter the Premises without legal process and take possession of the same together with the personal property, fixtures and equipment of the Lessee left on the Premises and that said property may be held by the Lessor as additional security for satisfaction of rental defaults or other defaults of the Lessee under this lease. It is further agreed that if the Lease is terminated due to the default of the Lessee as described in this provision, that the Lessor shall be entitled to take any person shall action necessary to protect its interest in the aforementioned property and equipment, to prevent unauthorized removal of said property which action would constitute irreparable harm and injury to the Lessor in the violation of its security interest in said property. Should Lessor elect to re-enter Premises as herein provided and take possession pursuant due legal process or have against Lessee or any guarantor of this Lease in any court pursuant to any statute either notice provided by law, Lessor may terminate Lessee's rights under this Lease, re-lease the Premises or any part thereof for such term and at such rent and upon such other terms and conditions as Lessor sees fit at Lessor's sole discretion, and make any reparations or alterations to Premises necessary for re-leasing, and remove all inventory, equipment or leasehold improvements of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee, at Lessee's or any such guarantor's propertyexpense, or if Lessee or any such guarantor makes an assignment necessary for the benefit of creditors, or petitions for or enters into an arrangement, or if Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of execution, then in any such event Lessee shall be in default hereunder, and Lessor, in addition to other rights of remedies it may have, shall have the immediate right of re-entry and may remove all persons and leasing of Premises. In the event that any property belonging to the Lessee is removed from Premises as hereto described, the Demised Premises and such property may be removed and either: (a) stored at Lessee's expense in a any public warehouse or elsewhere at the cost of, and Lessor shall not be responsible for the account care or safekeeping thereof; or (b) sold at a private auction or public sale and the proceeds of such sale, after sale expenses, shall be used to offset any Base Rent due Lessor. Lessee hereby waives any and all loss, destruction and/or damage or injury to said property occasioned by Lessee, all without service 's default of notice or resort to legal process and without being guilty of trespass, or becoming this Lease under this provision. Lessee shall be liable for any loss costs and expenses, including reparations and alterations, incurred by Lessor in the process of such re-leasing. Lessee shall also be liable for amounts, if any, by which the Base Rent reserved in this Lease, which are the Lessee's responsibility under the provisions of this Lease for the period of such re-leasing, exceeds the amount agreed paid as rent by the new Lessee for the Premises for such period of such re-leasing. It is understood that Lessor may xxx the Lessee for any damages incurred by Lessor or damage which past rents due and owing and undertake all legal remedies at Lessor's disposal. It is further agreed that if at any time Lessee is at default under this Lease, Lessee shall be liable for all costs Lessor may be occasioned therebyincur due to such default, including cost of recovering the Premises, and any an all related attorney's fees.

DEFAULT OF LESSEE. 17. a. In the event of any failure of Lessee to pay any rental due hereunder within ten (10) days after the same shall be due, or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Lessee for more than thirty (30) days after written notice of such failure shall have been given to Lessee, or if Lessee or an agent of Lessee shall falsify any report required to be furnished to Lessor pursuant to the terms of this Lease, or if Lessee or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Lessee or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Lessee's or any such guarantor's property, or if Lessee or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or if Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of execution, then in any such event Lessee shall be in default hereunder, and Lessor, in addition to other their rights of or remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned therebyas provided in Minnesota Statutes Chapter 566.