Common use of Defaults by Tenant Clause in Contracts

Defaults by Tenant. If (a) Tenant shall fail to timely pay any Rent or any other sum provided for under this Lease as the same becomes due and payable (provided that (i) as to the payment of Base Rent, a default shall not be deemed to have occurred unless the same shall remain unpaid for a period of ten (10) days after it shall have become due and payable, and (ii) as to other payments to be made by Tenant under this Lease for which a period for payment after notice shall not be set forth in this Lease, a default shall not be deemed to have occurred unless the same shall remain unpaid for a period thirty (30) days after notice or demand to Tenant,) or (b) Tenant shall fail to maintain any insurance pursuant to the terms of this Lease, or (c) bankruptcy or other insolvency proceedings shall be instituted by or against Tenant, or (d) an assignment shall be made by Tenant for the benefit of creditors, or (e) Tenant shall breach or fail to perform any other term or condition or covenant of this Lease and such failure shall not be cured within thirty (30) days after written notice thereof from Landlord (or if such default is incapable of being cured in a reasonable manner within thirty (30) days, Tenant has not commenced to cure the same within said thirty (30) day period and thereafter diligently prosecutes the same to completion, but in no event exceeding ninety (90) days and Tenant shall not thereafter cure such default), then and in any such event Tenant shall be in default hereunder. Landlord shall have the duties and obligation to use commercially reasonable efforts to mitigate said damage and Tenant shall surrender and deliver up the Premises to Landlord and upon any default by Tenant in so doing, Landlord shall have the right to recover possession by summary proceedings or otherwise and to apply for the appointment of a receiver and for other ancillary relief in such action, provided that Tenant shall have ten (10) days written notice after such application may have been filed and before any hearing thereon and Landlord shall again have and enjoy the Premises, as if this Lease had never been made.

Defaults by Tenant. If (a) Tenant shall fail to timely pay any Rent or any other sum provided for under this Lease as the same becomes due and payable (provided that Tenant: (i) as fails to the payment of Base Rentpay, a default shall not be deemed to have occurred unless the same shall remain unpaid for a period of within ten (10) days after it shall have become the due and payabledate, and any Rent, or any other sum of money which Tenant is obligated to pay, as provided in this Lease; or (ii) as to breaches any other payments to be made by Tenant under this Lease for which a period for payment after notice agreement, covenant or obligation herein set forth and such breach shall continue and not be set forth in this Lease, a default shall not be deemed to have occurred unless the same shall remain unpaid for a period thirty (30) days after notice or demand to Tenant,) or (b) Tenant shall fail to maintain any insurance pursuant to the terms of this Lease, or (c) bankruptcy or other insolvency proceedings shall be instituted by or against Tenant, or (d) an assignment shall be made by Tenant for the benefit of creditors, or (e) Tenant shall breach or fail to perform any other term or condition or covenant of this Lease and such failure shall not be cured remedied within thirty (30) days after Landlord shall have given Tenant written notice thereof from Landlord (specifying the breach, or if such default is incapable breach cannot, with due diligence, be cured within said period of being cured in a reasonable manner within thirty (30) days, days and Tenant has does not commenced to cure the same within said thirty (30) day period commence and thereafter diligently prosecutes with reasonable diligence completely cure the same to completion, but in no event exceeding ninety breach within thirty (9030) days after notice; or (iii) files (or has filed against it and Tenant not stayed or vacated within sixty (60) days after filing) any petition or action for relief under any creditor's law (including bankruptcy, reorganization, or similar action), either in state or federal court; or (iv) makes any transfer in fraud of creditors as defined in Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Bankruptcy Code (11 U.S.C. 548, as amended or replaced), has a receiver appointed for its assets (and appointment shall not thereafter cure such defaulthave been stayed or vacated within thirty (30) days), or makes an assignment for benefit of creditors; then and in any such event Tenant shall be in default hereunder. Landlord shall have the duties and obligation , and, in addition to use commercially reasonable efforts to mitigate said damage and Tenant shall surrender and deliver up the Premises to Landlord and upon any default by Tenant in so doingother lawful right or remedy which it may have, Landlord shall have may do the right to recover possession by summary proceedings or otherwise and to apply for the appointment of a receiver and for other ancillary relief in such action, provided that Tenant shall have ten following: (10i) days written notice after such application may have been filed and before any hearing thereon and Landlord shall again have and enjoy terminate this Lease; (ii) repossess the Premises, and with or without terminating, relet the same at such amount as Landlord deems reasonable; and if the amount for which the Premises is relet is less than Tenant's Rent and all other obligations of Tenant to Landlord hereunder, Tenant shall immediately pay the difference or demand to Landlord, but if in excess of Tenant's Rent, and all other obligations of Tenant hereunder, the entire amount obtained from such reletting shall belong to Landlord, free of any claim of Tenant thereto; or (iii) upon obtaining any court authorization, lock the Premises and deny Tenant access thereto. All reasonable expenses of Landlord in repairing, restoring, or altering the Premises for reletting as general office or laboratory space, together with leasing fees and all other expenses in seeking and obtaining a new tenant, shall be charged to and be a liability of Tenant. Landlord's reasonable attorneys' fees in pursuing any of the foregoing remedies, or in collecting any Rent due by Tenant hereunder, shall be paid by Tenant. Tenant further agrees that Landlord may obtain an order for summary ejectment from any court of competent jurisdiction without prejudice to Landlord's rights to otherwise collect rents from Tenant. All rights and remedies of Landlord are cumulative, and the exercise of any one shall not be an election excluding Landlord at any other time from exercise of a different or inconsistent remedy. No exercise by Landlord of any right or remedy granted herein shall constitute or effect a termination of this Lease had never been madeunless Landlord shall so elect by written notice delivered to Tenant. No waiver by Landlord of any covenant or condition shall be deemed to imply or constitute a further waiver of the same at a later time, and acceptance of Rent by Landlord, even with knowledge of a default by Tenant, shall not constitute a waiver of such default.

Defaults by Tenant. If (a) Tenant shall fail to timely pay any Rent or any other sum provided for under this Lease as the same becomes due and payable (provided that (i) as to Tenant defaults in the payment of Base RentRent or fails to maintain, a renew or replace any Letter of Credit or Security Deposit as required in accordance with Section 30 hereof and such default shall not be deemed to have occurred unless continues for three (3) or more days after written notice from Landlord that the same is past due, provided, however, that any such notice shall remain unpaid for a period be in lieu of, and not in addition to, any notice required under California Code of ten Civil Procedure Section 1161; (10ii) Tenant defaults in the prompt and full performance of any other provision of this Lease and Tenant does not cure the default within twenty-eight (28) days after it written demand by Landlord or Master Landlord that the default be cured (unless default is not reasonably capable of being cured within such twenty-eight (28) day period, in which case Tenant shall have become due and payablesuch period of time as may be reasonably required to cure such default, provided that Tenant commences the cure of such default within such twenty-eight (28) day period, and thereafter diligently prosecutes such cure to completion, and further provided that in no case shall the cure period hereunder be any longer than the cure period with respect to such default as provided under the Master Lease), provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161; (iiiii) as to other payments to be made by Tenant under enters into a Sublease Transfer without complying with the provisions of this Lease for which a period for payment after notice shall and the Master Lease and does not be set forth in this Lease, a cure the default shall not be deemed to have occurred unless the same shall remain unpaid for a period thirty within twenty-eight (3028) days after notice written demand by Landlord or demand to Tenant,Master Landlord that the default be cured; (iv) any voluntary or (b) Tenant shall fail to maintain involuntary petition or similar pleading under any insurance pursuant to the terms section or sections of this Lease, or (c) any bankruptcy or other insolvency proceedings act shall be instituted filed by or against Tenant; (v) any voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare Tenant insolvent or unable to pay Tenant's debts or, to the extent permitted by law, if Tenant is generally not paying its debts as they become due, or admits, in writing, that it is unable to pay its debts as they become due; (dvi) Tenant makes an assignment shall be made by Tenant for the benefit of its creditors; (vii) a trustee or receiver is appointed for Tenant or for the major part of Tenant's property; (viii) the leasehold interest of Tenant is levied upon under execution or is attached by process of law; (ix) Tenant abandons the Premises; (x) Tenant fails to observe or perform one or more of the terms, conditions, covenants or agreements of any mortgage of Tenant's interest in this Lease beyond any applicable notice or cure period and the same causes Landlord to be in default under the Master Lease; or (xi) a default (beyond applicable cure periods) has occurred under the Master Lease due to any negligence, act, or (e) failure to act by Tenant shall breach or fail by the Tenant's failure to perform its obligations as set forth herein including, without limitation, any other term default under Section 21.1 (l) through (o) of the Master Lease ((i) through (xi) above, each an "Event of Default"), then Landlord may, if Landlord so elects but not otherwise, with or condition without notice of such election and with or covenant of without any demand whatsoever, either terminate this Lease and such failure Tenant's right to possession of the Premises or, without terminating this Lease, terminate Tenant's right to possession of the Premises. An election by Landlord to terminate Tenant's right to possession of the Premises without terminating this Lease shall not be cured within thirty (30) days after written notice thereof from preclude a subsequent election by Landlord (or if such default is incapable of being cured in a reasonable manner within thirty (30) days, Tenant has not commenced to cure the same within said thirty (30) day period and thereafter diligently prosecutes the same to completion, but in no event exceeding ninety (90) days and Tenant shall not thereafter cure such default), then and in any such event Tenant shall be in default hereunder. Landlord shall have the duties and obligation to use commercially reasonable efforts to mitigate said damage and Tenant shall surrender and deliver up the Premises to Landlord and upon any default by Tenant in so doing, Landlord shall have the right to recover possession by summary proceedings or otherwise and to apply for the appointment of a receiver and for other ancillary relief in such action, provided that Tenant shall have ten (10) days written notice after such application may have been filed and before any hearing thereon and Landlord shall again have and enjoy the Premises, as if terminate this Lease had never been madeLease.

Defaults by Tenant. If The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant (each, an "Event of Default"): (a) If Tenant shall fail fails to timely pay any the Rent or make any other sum provided for under this Lease as the same becomes due and payable (provided that (i) as to the payment of Base Rent, a default shall not be deemed to have occurred unless the same shall remain unpaid for a period of ten (10) days after it shall have become due and payable, and (ii) as to other payments required to be made by Tenant under this Lease as and when due; (b) If Tenant (i) abandons the Premises or (ii) enters into any assignment or sublease transaction in violation of the terms of this Lease; (c) If Tenant fails to observe or perform the provisions of Articles 3 ("Use of Premises") and/or 9 ("Alterations") and/or 11 ("Insurance") and such failure continues for which a period for payment 24 hours after notice shall thereof from Landlord to Tenant; (d) If Tenant fails to provide estoppel certificates, or other certificates as herein provided, and such failure continues for three business days after notice to Tenant following expiration of the 10-day period provided herein for the delivery of such certificates; (e) If Tenant fails to observe or perform any other provision of this Lease including the Exhibits hereto, including the Rules and Regulations, to be observed or performed by Tenant, and such failure continues for 15 days after notice thereof by Landlord to Tenant; provided, however, that if the nature of such failure is such that it cannot reasonably be set forth in this Leasecured within such 15-day period, a default Tenant shall not be deemed to have occurred unless be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same shall remain unpaid for a period thirty to completion; (30f) days after notice or demand to Tenant,) or (b) Tenant shall fail to maintain If any insurance pursuant to the terms of this Lease, or (c) bankruptcy or other insolvency proceedings shall be instituted action is taken by or against Tenant pursuant to any statute pertaining to bankruptcy or insolvency or the reorganization of Tenant (unless, in the case of a petition filed against Tenant, or (d) an the same is dismissed within 90 days); if Tenant makes any general assignment shall be made by Tenant for the benefit of creditors; if a trustee or receiver is appointed to take possession of all or any portion of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where possession is not restored to Tenant within 30 days; or if all or any portion of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease is attached, executed upon, or otherwise judicially seized and such seizure is not discharged within 30 days; (eg) If Tenant shall breach fails to vacate and surrender the Premises as required by this Lease upon the expiration of the Term or fail sooner termination of this Lease; (h) If Tenant submits to perform Landlord any other term materially false information on any document required to be given by Tenant to Landlord; and/or (i) If any surety or condition or covenant guarantor of this Lease and such failure shall not be cured within thirty (30) days after written notice thereof from Landlord (fails to comply with all the provisions of the suretyship or if such default is incapable of being cured in a reasonable manner within thirty (30) days, Tenant has not commenced to cure the same within said thirty (30) day period and thereafter diligently prosecutes the same to completion, but in no event exceeding ninety (90) days and Tenant shall not thereafter cure such default), then and in any such event Tenant shall be in default hereunderguaranty agreement. Landlord shall have the duties and obligation to use commercially reasonable efforts to mitigate said damage and Tenant shall surrender and deliver up the Premises to Landlord and upon any default by Tenant in so doing, Landlord shall have the right to recover possession by summary proceedings or otherwise and to apply for the appointment of a receiver and for other ancillary relief in such action, provided that Tenant shall have ten (10) days written notice after such application may have been filed and before any hearing thereon and Landlord shall again have and enjoy the Premises, as if this Lease had never been made.21.2

Defaults by Tenant. If (a) In the event of the failure on the part of the Tenant shall fail to timely pay any Rent installments of rent as above set out, or to pay real estate taxes as herein requested, as and when same become due and payable, or to provide liability insurance or fire and extended coverage insurance, as herein required, or failure of Tenant promptly, faithfully and materially to keep and perform each and every covenant, agreement, and stipulation herein contained on the part of the Tenant to be kept and performed, this Lease or Tenant's right to possession, shall be terminated, at the option of the Landlord. Any termination of Tenant's right to possession as herein provided, shall not relieve Tenant from its obligations to make the monthly payments of rent.herein reserved, at the times and in the manner provided. In such event, Landlord may relet the Demised Premises, as agent for and in the name of Tenant, at any rental and any term or terms readily obtainable, applying the proceeds thereof, first, to the payment of such reasonable expenses as Landlord may incur in reletting, including alterations, commissions and fees payable to third parties, additions, etc., second, to the payment of said rent as the same may from time to time become due, and third, towards the fulfillment of the other sum provided for covenants and agreements of the Tenant herein contained, and the remainder, if any, shall be held by Landlord and applied to the payment of future rent or future sums payable under this the Lease as the same becomes may become due and payable (provided that (i) hereunder. Should Landlord recover or take possession of the Demised Premises and be unable to relet the same so as to realize a sum equal to the payment rent hereby reserved, Tenant shall pay to Landlord any and all loss or differences for the residue of Base Rentthe term, a default shall not be deemed to have occurred unless the same to be calculated and paid monthly as such sum shall remain unpaid become due and payable under the Lease. Or in the event of any termination of this Lease, Landlord shall be entitled to recover the then present value of the difference between the rental agreed to be paid herein and the then fair rental value of the premises, together with other damages provided for by law, said present value to be determined by reference to the rate of interest publicly announced by The Boatmen's National Bank of St. Louis from time to time as its Corporate Base Rate. Landlord is hereby given the right to show the Demised Premises to persons who may wish to lease or buy during the last six months of the term or extended term hereof unless a renewal option has been duly exercised by Tenant. Nothing mentioned in this paragraph shall be construed to waive Landlord's right to cancel this Lease in the event of any breach on the part of Tenant, all of which rights of cancellation are herein specifically reserved by Landlord. The parties to this Lease agree that the Landlord shall have an affirmative duty to mitigate any damages claimed.pursuant to the provisions of this Lease, which duty shall be fulfilled in the manner provided by the laws of the State of Missouri. Prior to the termination, Landlord shall give to Tenant a notice in writing thirty (30) days, or such longer period as provided in this Lease, prior thereto in the manner provided by Article XIII hereof, during which time Tenant may cure such default by satisfying the stated grounds of termination. In the event, however, that the notice given by the Landlord is because of a failure of Tenant to pay rent, real estate taxes, insurance premiums, or other additional rent under this Lease, then in such event the notice in writing to be given to Tenant by Landlord shall be ten (10) days after it shall have become due and payable, and (ii) as to other payments to be made by Tenant under this Lease for which a period for payment after notice shall not be set forth in this Lease, a default shall not be deemed to have occurred unless the same shall remain unpaid for a period instead of thirty (30) days after notice days. In the event said default or demand to Tenant,) defaults (except for defaults which can be cured by the payment of money or (b) Tenant shall fail to maintain any insurance pursuant to the terms of this Lease, or (c) except for bankruptcy or other insolvency proceedings shall be instituted by of Tenant) are of such a nature that said default or against Tenant, or (d) an assignment shall be made by Tenant for the benefit of creditors, or (e) Tenant shall breach or fail to perform any other term or condition or covenant of this Lease and such failure shall defaults cannot be cured within thirty (30) days after written notice thereof from Landlord (or if days, Tenant shall have a reasonable time to cure such default is incapable of being cured in a reasonable manner or defaults, provided that Tenant commences within thirty (30) days, Tenant has not commenced days to cure the same within said thirty (30) day period default or defaults and thereafter diligently prosecutes the same continues with due and reasonable diligence to completion, but in no event exceeding ninety (90) days and Tenant shall not thereafter completion whatever may be necessary to cure such default), then and in any such event Tenant shall be in said default hereunderor defaults. Landlord shall have the duties and obligation to use commercially reasonable efforts to mitigate said damage and Tenant shall surrender and deliver up the Premises to Landlord and upon any default by Tenant in so doing, Landlord shall have the right to recover possession by summary proceedings or otherwise and to apply for the appointment of a receiver and for other ancillary relief in such action, provided that Tenant shall have ten (10) days written notice after such application may have been filed and before any hearing thereon and Landlord shall again have and enjoy the Premises, as if this Lease had never been made.XII

Defaults by Tenant. If Tenant: (ai) Tenant shall fail to timely pay any Rent FAILS TO PAY RENT or any other sum of money which Tenant is obligated to pay, as provided for under this Lease as the same becomes due and payable (provided that (i) as to the payment of Base Rent, a default shall not be deemed to have occurred unless the same shall remain unpaid for a period of ten (10) days after it shall have become due and payable, and (ii) as to other payments to be made by Tenant under this Lease for which a period for payment after notice shall not be set forth in this Lease, a default WHEN DUE (A "LATE PAYMENT"), THEN TWICE DURING ANY CALENDAR YEAR SUCH LATE PAYMENT SHALL NOT BE CONSIDERED AN EVENT OF DEFAULT, IF, WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE FROM LANDLORD (THE "GRACE PERIOD"), TENANT SUBMITS THE RENT DUE, INCLUDING THE LATE CHARGE OF FOUR PERCENT (4%), FOR SUCH MONTH. LANDLORD SHALL FORGIVE TENANT ONLY TWO (2) LATE PAYMENTS PER CALENDAR YEAR, ANY ADDITIONAL LATE PAYMENT SHALL CONSTITUTE AN EVENT OF DEFAULT; or (ii) breaches any other agreement, covenant or obligation herein set forth and such breach shall continue and not be deemed to have occurred unless the same shall remain unpaid for a period thirty remedied within fifteen (3015) days after Landlord shall have given Tenant written notice or demand to Tenant,) or (b) Tenant shall fail to maintain any insurance pursuant to specifying the terms of this Leasebreach, or (c) bankruptcy or other insolvency proceedings shall be instituted by or against Tenantif such breach cannot, or (d) an assignment shall be made by Tenant for the benefit of creditorswith due diligence, or (e) Tenant shall breach or fail to perform any other term or condition or covenant of this Lease and such failure shall not be cured within said period of fifteen (15) days and Tenant does not within said fifteen (15) day period commence and thereafter with reasonable diligence completely cure the breach within thirty (30) days after written notice thereof from Landlord notice; or (iii) files (or if such default is incapable has filed against it and not stayed or vacated within sixty (60) days after filing) any petition or action for relief under any creditor's law (including bankruptcy, reorganization, or similar action), either in state or federal court; or (iv) makes any transfer in fraud of being cured creditors as defined in Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Bankruptcy Code (11U.S.C. 548, as amended or replaced), has a reasonable manner receiver appointed for its assets (and appointment shall not have been stayed or vacated within thirty (30) days, Tenant has not commenced to cure the same within said thirty (30) day period and thereafter diligently prosecutes the same to completion, but in no event exceeding ninety (90) days and Tenant shall not thereafter cure such default), or makes an assignment for benefit of creditors; then and in any such event Tenant shall be in default hereunder. Landlord shall have the duties and obligation , and, in addition to use commercially reasonable efforts to mitigate said damage and Tenant shall surrender and deliver up the Premises to Landlord and upon any default by Tenant in so doingother lawful right or remedy which it may have, Landlord shall have may do the right to recover possession by summary proceedings or otherwise and to apply for the appointment of a receiver and for other ancillary relief in such action, provided that Tenant shall have ten following: (10i) days written notice after such application may have been filed and before any hearing thereon and Landlord shall again have and enjoy terminate this Lease; (ii) repossess the Premises, and with or without terminating, relet the same at such amount as Landlord deems reasonable; and if the amount for which the Premises is relet is less than Tenant's Rent and all other obligations of Tenant to Landlord hereunder, Tenant shall immediately pay the difference or demand to Landlord, but if in excess of Tenant's Rent, and all other obligations of Tenant hereunder, the entire amount obtained from such reletting shall belong to Landlord, free of any claim of Tenant thereto; (iii) seize and hold any personal property of Tenant located in the Premises and assert against the same a lien for monies due Landlord; or (iv) without obtaining any court authorization, lock the Premises and deny Tenant access thereto. All reasonable expenses of Landlord in repairing, restoring, or altering the Premises for reletting as general office space, together with leasing fees and all other expenses in seeking and obtaining a new tenant, shall be charged to and be a liability of Tenant. Landlord's reasonable attorneys' fees in pursuing any of the foregoing remedies, or in collecting any Rent due by Tenant hereunder, shall be paid by Tenant. Tenant further agrees that Landlord may obtain an order for summary ejectment from any court of competent jurisdiction without prejudice to Landlord's rights to otherwise collect rents from Tenant. All rights and remedies of Landlord are cumulative, and the exercise of any one shall not be an election excluding Landlord at any other time from exercise of a different or inconsistent remedy. No exercise by Landlord of any right or remedy granted herein shall constitute or effect a termination of this Lease had never been madeunless Landlord shall so elect by written notice delivered to Tenant. No waiver by Landlord of any covenant or condition shall be deemed to imply or constitute a further waiver of the same at a later time, and acceptance of Rent by Landlord, even with knowledge of a default by Tenant, shall not constitute a waiver of such default.

Defaults by Tenant. If The following events shall be events of default by Tenant under this Lease: (ai) Tenant shall fail to timely pay when due any Rent or any other sum provided for under this Lease as installment of the same becomes due and payable (provided that (i) as to the payment of Base Rentrent hereby reserved, a default shall not be deemed to have occurred unless the same shall remain unpaid for a period of such failure is cured within ten (10) days after it shall have become due and payable, and written notice; (ii) as to other payments to be made by Tenant under this Lease for which a period for payment after notice shall not be set forth in this Lease, a default shall not be deemed to have occurred unless the same shall remain unpaid for a period thirty (30) days after notice or demand to Tenant,) or (b) Tenant shall fail to maintain any insurance pursuant to the terms of this Lease, or (c) bankruptcy or other insolvency proceedings shall be instituted by or against Tenant, or (d) an assignment shall be made by Tenant for the benefit of creditors, or (e) Tenant shall breach or fail to perform comply with any other term or condition term, provision or covenant of this the Lease as and when required hereunder, unless such failure shall not be is cured within thirty (30) days after receipt of written notice thereof from Landlord (or if such default additional time as may be expressly provided in this Lease); (iii) the leasehold hereunder demised shall be taken on execution or other process of law in any action against Tenant; (iv) Tenant shall fail to promptly move into and take possession of the Premises when the Premises are ready for occupancy; (v) Tenant becomes insolvent, or makes a transfer in fraud of creditors, or makes an assignment for the benefit of creditors, or admits in writing its inability to pay its debts as they become due; (vi) Tenant is incapable generally not paying its debts as such debts become due; (vii) a receiver, trustee or custodian is appointed for, or takes possession of, all or substantially all of being cured the assets of Tenant or any of the Premises, either in a reasonable manner proceeding brought by Tenant or in a proceeding brought against Tenant and such appointment is not discharged or such possession is not terminated within thirty sixty (3060) daysdays after the effective date thereof, or Tenant has consents to or acquiesces in such appointment or possession; (viii) Tenant files a petition for relief under the Bankruptcy Code or any other present or future federal or state insolvency, bankruptcy or similar law (all of the foregoing hereinafter collectively called “applicable Bankruptcy Law”) or an involuntary petition for relief is filed against Tenant under any applicable Bankruptcy Law and such petition is not commenced dismissed within sixty (60) days after the filing thereof, or an order for relief naming Tenant is entered under any applicable Bankruptcy Law, or any composition, rearrangement, extension, reorganization or other relief of debtors now or hereafter existing is requested or consented to cure by Tenant; (ix) any other event occurs hereunder which is designated as a default; (x) Tenant defaults in its obligations under any other contract, agreement, lease, or writing with Landlord; or (xi) any of the same events referred to in subheadings (v), (vi), (vii) and (viii) shall occur with respect to any guarantor of the payment or performance of any Tenant’s obligations hereunder and shall not be remedied within said the time set forth in such subheadings. Notwithstanding the foregoing, any default under clause (ii) of this Section 14.1, which by its nature cannot reasonably be cured within the thirty (30) day period and provided therein, Tenant shall have such additional time as may be reasonably necessary to cure such default, provided: (a) Tenant shall commence such cure immediately after receipt of Landlord’s notice of default, (b) Tenant thereafter diligently and continuously prosecutes the same such cure to completion, but in no event exceeding ninety (90c) days and Tenant shall immediately cures any condition which poses a threat of physical injury or harm to people or property, (d) such default does not thereafter cure entail or create a condition which: (1) violates any law, (2) unreasonably disturbs, bothers, annoys or interferes with any other occupant of the Building, or such default)occupant’s employees, then and in any such event Tenant shall agents or guests, or (3) would cause Landlord to be in default hereunder. violation of any law or any deed of trust, mortgage loan, lease or other agreement to which Landlord shall have is a party, or which gives any other tenant of the duties and obligation to use commercially reasonable efforts to mitigate said damage and Tenant shall surrender and deliver up the Premises to Landlord and upon any default by Tenant in so doing, Landlord shall have Building the right to recover possession by summary proceedings or otherwise and to apply for the appointment of a receiver and for other ancillary relief in such action, provided that Tenant shall have ten (10) days written notice after such application may have been filed and before any hearing thereon and Landlord shall again have and enjoy the Premises, as if this Lease had never been madecancel its lease.

Defaults by Tenant. If (a) The occurrence of any one or more of the following events shall constitute a material default and breach of this Lease by Tenant: The vacating or abandonment of Premises by Tenant. The failure by Tenant shall fail to timely pay make any Rent payment of rent or any other sum provided for under this Lease as the same becomes due and payable (provided that (i) as to the payment of Base Rent, a default shall not be deemed to have occurred unless the same shall remain unpaid for a period of ten (10) days after it shall have become due and payable, and (ii) as to other payments required to be made by Tenant under this Lease for which a period for payment after notice hereunder, as and when due, where such failure shall not be set forth in this Lease, a default shall not be deemed to have occurred unless the same shall remain unpaid continue for a period thirty of three (303) days after written notice or demand thereof from Landlord to Tenant,) . In the event that Landlord serves Tenant with a Notice to Pay Rent or (b) Tenant shall fail to maintain any insurance Quit pursuant to applicable Unlawful Detainer statutes such Notice to Pay Rent or Quit shall also constitute the terms of notice required by this Lease, or (c) bankruptcy or other insolvency proceedings shall be instituted by or against Tenant, or (d) an assignment shall be made subparagraph. The failure by Tenant for the benefit of creditors, to observe or (e) Tenant shall breach or fail to perform any other term of the covenants, conditions or condition or covenant provisions of this Lease and to be observed or performed by Tenant, other than described the subparagraph above, where such failure shall not be cured within continue for a period of thirty (30) days after written notice thereof from Landlord (or to Tenant; provided, however, that if such the nature of Tenant's default is incapable such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commenced such cure within said 30-day period and thereafter diligently prosecutes such cure to completion. The making by Tenant of being cured (i) any general arrangement or assignment for the benefit of creditors; (ii) Tenant becomes a "debtor" as defined in 11 U.S.C. 101 or any successor statute thereto (unless, in the case of a reasonable manner petition filed against Tenant, the same is dismissed within sixty (60) days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within thirty (30) days; or (iv) the attachment, Tenant has execution or other judicial seizure of substantially all of Tenant's assets located at Premises or of Tenant's interest in this Lease, where such seizure is not commenced to cure the same discharged within said thirty (30) day period and thereafter diligently prosecutes days. Provided, however, in the same event that any provision of this paragraph is contrary to completionany applicable law, but in no event exceeding ninety (90) days and Tenant shall not thereafter cure such default), then and in any such event Tenant provision shall be in default hereunderof no force or effect. The discovery by Landlord shall have the duties and obligation to use commercially reasonable efforts to mitigate said damage and Tenant shall surrender and deliver up the Premises of any material false financial statement given to Landlord and upon by Tenant, any default by Tenant assignee of Tenant, any successor in so doinginterest of Tenant, Landlord shall have the right to recover possession by summary proceedings or otherwise and to apply for the appointment any guarantor of a receiver and for other ancillary relief in such action, provided that Tenant shall have ten (10) days written notice after such application may have been filed and before any hearing thereon and Landlord shall again have and enjoy the Premises, as if this Lease had never been madeTenant's obligation hereunder.

Defaults by Tenant. If The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant: (aI) any failure by Tenant shall fail to timely pay any Rent or any other sum provided for monetary sums required to be paid under this Lease as the same becomes due and payable where such failure continues for five (provided that (i5) as to the payment of Base Rent, a default shall not be deemed to have occurred unless the same shall remain unpaid for a period of ten (10) business days after it shall have become due and payable, and written notice has been received by Tenant; (ii) as the abandonment or vacation of the Premises by Tenant; (iii) a failure by Tenant to observe and perform any other payments provision of this Lease to be made observed and performed by Tenant under this Lease Tenant, where such failure continues for which a period for payment after notice shall not be set forth in this Lease, a default shall not be deemed to have occurred unless the same shall remain unpaid for a period thirty (30) days after Tenant's receipt of written notice or demand to Tenant,) or (b) Tenant shall fail to maintain any insurance pursuant to from Landlord, provided, however, that if the terms nature of this Lease, or (c) bankruptcy or other insolvency proceedings shall be instituted by or against Tenant, or (d) an assignment shall be made by Tenant for the benefit of creditors, or (e) Tenant shall breach or fail to perform any other term or condition or covenant of this Lease and default is such failure shall that the same cannot reasonably be cured within thirty (30) days after written notice thereof from Landlord (or if such default is incapable of being cured in a reasonable manner within thirty (30) days, Tenant has not commenced to cure the same within said thirty (30) day period, Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecutes prosecute the same to completion. If Tenant is otherwise in material default under the terms of this Lease, but the occurrence of any of the following shall constitute a material default: (A) the making by Tenant of any general assignment or general arrangement for the benefit of creditors; or (B) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt, or a petition or reorganization or arrangement under any law relating to bankruptcy (unless, in no event exceeding the case of a petition filed against Tenant, the same is dismissed within one hundred twenty (120) days; or 8) the appointment of a trustee or a receiver to take possession of substantially all of the Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within ninety (90) days and Tenant shall not thereafter cure such default)days; or (D) the attachment, then and in any such event Tenant shall be in default hereunder. Landlord shall have the duties and obligation to use commercially reasonable efforts to mitigate said damage and Tenant shall surrender and deliver up execution or other judicial seizure of substantially all of Tenant's assets located at the Premises to Landlord and upon any default by Tenant or of Tenant's interest in so doingthis Lease, Landlord shall have the right to recover possession by summary proceedings or otherwise and to apply for the appointment of a receiver and for other ancillary relief in where such action, provided that Tenant shall have ten seizure is not discharged within ninety (1090) days written notice after such application may have been filed and before any hearing thereon and Landlord shall again have and enjoy the Premises, as if this Lease had never been madedays.

Defaults by Tenant. If Tenant: (ai) Tenant shall fail fails to timely pay when due any Rent Rent, or any other sum of money which Tenant is obligated to pay, as provided for under in this Lease as the same becomes due and payable (provided that (i) as to the payment within 15 days of Base Rent, a default written notice by certified mail except for disputed items which shall not be deemed to have occurred unless the same shall remain unpaid for a period resolved within 30 days of ten (10) days after it shall have become due and payable, and such notice; or (ii) as to breaches any other payments to be made by Tenant under this Lease for which a period for payment after notice agreement, covenant or obligation herein set forth and such breach shall continue and not be set forth in this Lease, a default shall not be deemed to have occurred unless the same shall remain unpaid for a period thirty (30) days after notice or demand to Tenant,) or (b) Tenant shall fail to maintain any insurance pursuant to the terms of this Lease, or (c) bankruptcy or other insolvency proceedings shall be instituted by or against Tenant, or (d) an assignment shall be made by Tenant for the benefit of creditors, or (e) Tenant shall breach or fail to perform any other term or condition or covenant of this Lease and such failure shall not be cured remedied within thirty (30) days after Landlord shall have given Tenant written notice thereof from Landlord (specifying the breach, or if such default is incapable breach cannot, with due diligence, be cured within said period of being cured in a reasonable manner within thirty (30) days, days and Tenant has does not commenced to cure the same within said thirty (30) day period commence and thereafter diligently prosecutes with reasonable diligence completely cure the same to completion, but in no event exceeding ninety breach within thirty (9030) days after notice; or (iii) files (or has filed against it and Tenant not stayed or vacated within sixty (60) days after filing) any petition or action for relief under any creditor’s law (including bankruptcy, reorganization, or similar action), either in state or federal court; or (iv) makes any transfer in fraud of creditors as defined in Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Bankruptcy Code (11U.S.C. 548, as amended or replaced), has a receiver appointed for its assets (and appointment shall not thereafter cure such defaulthave been stayed or vacated within thirty (30) days), or makes an assignment for benefit of creditors; then and in any such event Tenant shall be in default hereunder. Landlord shall have the duties and obligation , and, in addition to use commercially reasonable efforts to mitigate said damage and Tenant shall surrender and deliver up the Premises to Landlord and upon any default by Tenant in so doingother lawful right or remedy which it may have, Landlord shall have may do the right to recover possession by summary proceedings or otherwise and to apply for the appointment of a receiver and for other ancillary relief in such action, provided that Tenant shall have ten following: (10i) days written notice after such application may have been filed and before any hearing thereon and Landlord shall again have and enjoy terminate this Lease; (ii) repossess the Premises, and with or without terminating, relet the same at such amount as Landlord deems reasonable; and if the amount for which the Premises is relet is less than Tenant’s Rent and all other obligations of Tenant to Landlord hereunder, Tenant shall immediately pay the difference or demand to Landlord, but if in excess of Tenant’s Rent, and all other obligations of Tenant hereunder, the entire amount obtained from such reletting shall belong to Landlord, free of any claim of Tenant thereto; or (iii) with obtaining any court authorization, lock the Premises and deny Tenant access thereto. All reasonable expenses of Landlord in repairing, restoring, or altering the Premises for reletting as general office space, together with leasing fees and all other expenses in seeking and obtaining a new tenant, shall be charged to and be a liability of Tenant Landlord’s reasonable attorneys’ fees in pursuing any of the foregoing remedies, or in collecting any Rent due by Tenant hereunder, shall be paid by Tenant. Tenant further agrees that Landlord may obtain an order for summary ejectment from any court of competent jurisdiction without prejudice to Landlord’s rights to otherwise collect rents from Tenant. All rights and remedies of Landlord are cumulative, and the exercise of any one shall not be an election excluding Landlord at any other time from exercise of a different or inconsistent remedy. No exercise by Landlord of any right or remedy granted herein shall constitute or effect a termination of this Lease had never been madeunless Landlord shall so elect by written notice delivered to Tenant. No waiver by Landlord of any covenant or condition shall be deemed to imply or constitute a f [ILLEGIBLE] waiver of the same at a later time, and acceptance of Rent by Landlord, even with knowledge of a default Tenant, shall not constitute a waiver of such default.