Common use of Landlord’s Remedies Upon Default Clause in Contracts

Landlord’s Remedies Upon Default. (a) Tenant shall be in default if: (i) the payment of rent or other sums of money required to be paid by Tenant are not paid within ten (10) days after receipt of written notice from Landlord that such payment is past-due and an additional ten (10) days after receipt of a second notice from Landlord if Tenant has not paid in the first ten (10) day period; (ii) Tenant continues to fail to perform any of the covenants, terms, conditions, provisions, rules and regulations of this Lease (other than for the payment of any sums) thirty (30) days after having received written notice of such failure by Landlord (or such longer period not to exceed sixty (60) days as may be reasonably required if the failure is not capable of being cured within a thirty (30) day period and the Tenant proceeds to effect such cure with due diligence) and an additional ten (10) days after receipt of a second notice from Landlord if Tenant has not cured the breach in the first period; (iii) Tenant shall commit waste or shall assign or sublet the Premises except as expressly permitted by this Lease; (iv) Tenant shall vacate the Premises or fail to occupy and conduct Tenant’s business in the Premises for a period of fifteen (15) days or longer; (v) Tenant or any assignee or sublessee of the entire Premises shall file or have filed against it (provided that with respect to any petition filed against it, such petition shall not have been vacated within sixty (60) days from the filing), a petition for adjudication in or as a bankruptcy, for reorganization, for an arrangement, or for any other debtor or capital structure relief under any existing or future Bankruptcy Act as same may be amended, supplemented or replaced; (vi) Tenant or any assignee or sublessee shall make an assignment for the benefit of creditors; (vii) a receiver of any property of Tenant shall be appointed in any action, suit or proceeding by or against Tenant; or (viii) the interest of Tenant in the Premises or in any assets or property of Tenant shall be offered for sale or sold under execution or other legal process, (all of which shall jointly and severally constitute a “Default”).

Landlord’s Remedies Upon Default. (a) Tenant shall be in default if: under this Lease if Tenant (i) the payment fails to pay any installment of rent Base Rent, Additional Rent or other sums of charges or money required obligation to be paid by Tenant are not paid hereunder within ten five (105) days after receipt the same shall become due (all of written notice which monetary obligations of Tenant shall bear interest at the highest rate allowable by law, not to exceed, on a per annum basis, 5% over the prime rate as listed in The Wall Street Journal at the time of such default from Landlord that such payment is past-the date due and an additional ten (10) days after receipt of a second notice from Landlord if Tenant has not paid in the first ten (10) day perioduntil paid); or (ii) Tenant continues to fail to perform defaults in the performance of any of the covenants, terms, conditions, provisions, rules and regulations terms or provisions of this Lease (other than for the payment payment, when due, of any sumsof Tenant’s monetary obligations hereunder) or any of the Rules and Regulations now or hereafter established by Landlord to govern the operation of this Building and fails to cure such default within thirty (30) days after having received written notice of such failure by thereof from Landlord (or such longer period provided, however, that solely with respect to non-monetary defaults, which cannot to exceed sixty (60) days as may with due diligence and commercially reasonable efforts, be reasonably required if the failure is not capable of being cured within a such thirty (30) day period period, if within such thirty (30) day period, Tenant commences and thereafter diligently pursues the cure of any such non-monetary default, Tenant proceeds to effect such cure with due diligence) and shall be granted an additional ten (10) days after receipt reasonable period of time to effectuate a second notice from Landlord if Tenant has not cured the breach in the first periodcure; or (iii) Tenant shall commit waste or shall assign or sublet abandons the Premises except as expressly permitted by this Leaseor fails to keep the Premises continuously and uninterruptedly open for business; or (iv) Tenant files a voluntary petition in bankruptcy, or any similar petition seeking relief under any present or future federal, or other bankruptcy or insolvency statue or law; or if a proceeding under any present or future federal, state or other bankruptcy or insolvency statute or law shall vacate the Premises or fail to occupy and conduct Tenant’s business in the Premises for a period of fifteen (15) days or longer; (v) be filed against Tenant or any assignee or sublessee asset of the entire Premises shall file or have filed against it (provided that with respect to any petition filed against itTenant, and such petition proceeding shall not have been dismissed or vacated within sixty (60) days from of the date of such filing), a petition for adjudication in ; or as a bankruptcy, for reorganization, for an arrangement, or for any other debtor or capital structure relief under any existing or future Bankruptcy Act as same may be amended, supplemented or replaced; (viv) Tenant or any assignee or sublessee shall make makes an assignment for the benefit of its creditors; (vii) a receiver . Upon the occurrence of any property of Tenant shall be appointed in the above events, Landlord, at its option, may pursue any action, suit one or proceeding by more of the following remedies without any notice or against Tenant; or (viii) the interest of Tenant in the Premises or in any assets or property of Tenant shall be offered for sale or sold under execution or other legal process, (all of which shall jointly and severally constitute a “Default”).demand whatsoever:

Landlord’s Remedies Upon Default. (a) In the event Tenant shall be in default if: (i) the at any time fail to make timely payment of rent or other sums perform any of money required its obligations under this Lease, and Tenant shall fail to be paid by Tenant are not paid remedy such failure within ten fifteen (1015) days after receipt of written notice from Landlord that such payment is past-due and an additional ten (10) days after receipt of a second notice thereof from Landlord if Tenant has not paid in the first ten (10) day period; (ii) Tenant continues said failure relates to fail to perform any of the covenants, terms, conditions, provisions, rules and regulations of this Lease (other than for the payment of any sums) rent, or other monetary charges under this Lease, or within thirty (30) days after having received receipt of written notice of such failure by thereof from Landlord (or such longer period not to exceed sixty (60) days as may be reasonably required if the failure is relates to matters other than payment of rent or other monetary charges under this Lease, (but Tenant shall not capable be in default of being cured a matter other than payment of rent or other monetary charges under this Lease if it commences to remedy same within a thirty (30) day period days after such notice and the Tenant proceeds to effect such cure therewith with due diligence) and an additional ten (10) days after receipt of a second notice from Landlord or if Tenant has shall be adjudged a bankrupt or enter into an arrangement for the benefit of creditors under any state or federal insolvency law and such proceedings are not cured the breach in the first period; (iii) Tenant shall commit waste dismissed or shall assign or sublet the Premises except as expressly permitted by this Lease; (iv) Tenant shall vacate the Premises or fail to occupy and conduct Tenant’s business in the Premises for a period of fifteen (15) days or longer; (v) Tenant or any assignee or sublessee of the entire Premises shall file or have filed against it (provided that with respect to any petition filed against it, such petition shall not have been vacated terminated within sixty (60) days from after the filing)commencement thereof, a petition then Landlord may declare the terms of this Lease terminated, enter into possession of the Premises and xxx for adjudication in all rents and damages accrued under this tease or as a bankruptcy, for reorganization, for an arrangementarising out of any violation hereof, or for Landlord may xxx without declaring this Lease void or entering into possession of the Premises and any other debtor or capital structure relief under any existing or future Bankruptcy Act recovery of rents shall be on a monthly basis as the same may be amended, supplemented or replaced; (vi) Tenant or any assignee or sublessee shall make an assignment for become due. Notwithstanding the benefit of creditors; (vii) a receiver recital of any property specific remedies, Landlord shall likewise have all rights and remedies (except acceleration) to which Landlord is entitled either in law or equity. Notwithstanding the notice requirements set forth above, Landlord shall not be required to provide Tenant with more than two (2) fifteen-day notices during, any twelve-month period for nonpayment of Tenant shall be appointed in any actionrent, suit or proceeding by or against Tenant; or (viii) the interest of Tenant in the Premises or in any assets or property of Tenant shall be offered for sale or sold under execution or other legal processcharges payable by Tenant, (all of which shall jointly before Landlord exercises its immediate rights upon default as set forth and severally constitute a “Default”)permitted above.

Landlord’s Remedies Upon Default. (a) In the event that Tenant shall be in default if: (i) the payment of fails to pay any rent or other sums of money required to be paid by Tenant are not paid charges due hereunder within ten (10) days after receipt of written notice from Landlord that such payment the same is past-due and an additional ten (10) days after receipt of a second notice from Landlord if Tenant has not paid in the first ten (10) day perioddue; (ii) Tenant continues to fail or fails to perform any of Tenant's obligations under the covenants, terms, conditions, provisions, rules and regulations or covenants of this Lease (other for more than for the payment of any sums) thirty (30) days after having received receipt of written notice of such failure by Landlord or if such failure shall be of such nature that the same cannot be reasonable cured or remedied within such thirty (30) day period, Tenant shall not in good faith have commenced the curing or remedying of such longer period not to exceed sixty (60) days as may be reasonably required if the failure is not capable of being cured within a such thirty (30) day period and thereafter diligently proceed therewith to completion; or if the Tenant proceeds shall abandon the Leased Premises; or if this Lease or the estate created hereby, shall be taken in execution or by other process of law; or if the Tenant shall be adjudicated insolvent or bankrupt pursuant to effect the provisions of any state or federal insolvency or bankruptcy act; or if a receiver or Trustee or the property of the Tenant shall be appointed by reason of the Tenant's insolvency and inability to pay debts; or if any assignment shall be made of the Tenant's property for the benefit of the creditors,(all of the foregoing being events of default), then and in any such cure with due diligence) event, the Landlord, besides other rights or remedies it may have, shall have the immediate right to re-enter the Leased Premises and an additional ten to remove all persons and property there from without notice or resort to legal process and without being deemed guilty of trespass or become liable for any loss or damage which may be occasioned thereby. If Tenant shall fail to pay the rent or any other charges within Ten (10) days after receipt of a second notice same becomes due and payable, such unpaid amounts shall bear interest from Landlord if Tenant has not cured the breach in due date at FOUR percent (4.00%) above the first period; (iii) Tenant shall commit waste or shall assign or sublet the Premises except as expressly permitted by this Lease; (iv) Tenant shall vacate the Premises or fail to occupy and conduct Tenant’s business in the Premises for a period of fifteen (15) days or longer; (v) Tenant or any assignee or sublessee prime interest rate of the entire Premises CitiBank or its successor. In no event shall file or have filed against it (provided that with respect to any petition filed against it, such petition shall not have been vacated within sixty (60) days from the filing), a petition for adjudication in or as a bankruptcy, for reorganization, for an arrangement, or for any other debtor or capital structure relief under any existing or future Bankruptcy Act as same may be amended, supplemented or replaced; (vi) Tenant or any assignee or sublessee shall make an assignment for the benefit of creditors; (vii) a receiver of any property of Tenant shall be appointed in any action, suit or proceeding by or against Tenant; or (viii) the interest of rate payable by Tenant in the Premises or in any assets or property of Tenant shall be offered for sale or sold under execution or other legal process, exceed eighteen percent (all of which shall jointly and severally constitute a “Default”18%).

Landlord’s Remedies Upon Default. (a) Tenant shall be in default if: under this Lease if Tenant (i) the payment fails to pay any installment of rent Base Rent, Additional Rent or other sums of charges or money required obligation to be paid by Tenant are not paid hereunder within ten five (105) days after receipt the same shall become due (all of written notice which monetary obligations of Tenant shall bear interest at the highest rate allowable by law, not to exceed 18% per annum from Landlord that such payment is past-the date due and an additional ten (10) days after receipt of a second notice from Landlord if Tenant has not paid in the first ten (10) day perioduntil paid); or (ii) Tenant continues to fail to perform defaults in the performance of any of the covenants, terms, conditions, provisions, rules and regulations terms or provisions of this Lease (other than for the payment payment, when due, of any sumsof Tenant’s monetary obligations hereunder) or any of the Rules and Regulations now or hereafter established by Landlord to govern the operation of this Building and fails to cure such default within twenty (20) days after written notice thereof from Landlord; or (iii) abandons the Premises or fails to keep the Premises continuously and uninterruptedly open for business; or (iv) files a voluntary petition in bankruptcy, or any similar petition seeking relief under any present or future federal, or other bankruptcy or insolvency statute or law; or if a proceeding under any present or future federal, state or other bankruptcy or insolvency statute or law shall be filed against Tenant or any asset of Tenant, and such proceeding shall not have been dismissed or vacated within thirty (30) days after having received written notice of the date of such failure by Landlord (filing; or such longer period not to exceed sixty (60) days as may be reasonably required if the failure is not capable of being cured within a thirty (30) day period and the Tenant proceeds to effect such cure with due diligence) and an additional ten (10) days after receipt of a second notice from Landlord if Tenant has not cured the breach in the first period; (iii) Tenant shall commit waste or shall assign or sublet the Premises except as expressly permitted by this Lease; (iv) Tenant shall vacate the Premises or fail to occupy and conduct Tenant’s business in the Premises for a period of fifteen (15) days or longer; (v) Tenant or any assignee or sublessee of the entire Premises shall file or have filed against it (provided that with respect to any petition filed against it, such petition shall not have been vacated within sixty (60) days from the filing), a petition for adjudication in or as a bankruptcy, for reorganization, for an arrangement, or for any other debtor or capital structure relief under any existing or future Bankruptcy Act as same may be amended, supplemented or replaced; (vi) Tenant or any assignee or sublessee shall make makes an assignment for the benefit of its creditors; (vii) a receiver . Upon the occurrence of any property of Tenant shall be appointed in the above events, Landlord, at its option, may pursue any action, suit one or proceeding by more of the following remedies without any notice or against Tenant; or (viii) the interest of Tenant in the Premises or in any assets or property of Tenant shall be offered for sale or sold under execution or other legal process, (all of which shall jointly and severally constitute a “Default”).demand whatsoever:

Landlord’s Remedies Upon Default. (a) In the event Tenant shall be default in default if: (i) the payment payment, when due, of any installment of rent or other sums of charges or money required obligation to be paid by Tenant are hereunder (all of which monetary obligations of Tenant shall bear interest at the highest rate allowable by law, not to exceed eighteen percent (18%) per annum, from the date due until paid in full) within ten five (105) business days after the date any such amount is due; provided, however, that Tenant shall not be in default with respect to the first two (2) monetary payments received after such five (5) day period in any Lease Year until five (5) days after Tenant's receipt of written notice from Landlord that of such payment is past-due and an additional ten (10) days after receipt of a second notice from Landlord late payment; or if Tenant has not paid shall default in the first ten (10) day period; (ii) Tenant continues to fail to perform performing any of the covenants, terms, conditions, provisions, rules and regulations terms or provisions of this Lease (other than for the payment payment, when due, of any sumsof Tenant's monetary obligations hereunder) thirty (30) or any of the Rules and Regulations now or hereafter established by Landlord to govern the operation of the building and fails to cure such default within 30 calendar days after having received written notice of such failure by Landlord (or such longer period thereof from Landlord; provided, however, that, solely with respect to non-monetary defaults which cannot to exceed sixty (60) days as may with due diligence and best efforts be reasonably required if the failure is not capable of being cured within a such thirty (30) day period if, within such thirty (30) day period Tenant commences and thereafter diligently pursues the cure of any such non-monetary default, Tenant proceeds shall be granted an additional reasonable period of time to effect such cure with due diligence) and an additional ten (10) days after receipt of a second notice from Landlord cure; or if Tenant has not cured the breach in the first period; (iii) Tenant shall commit waste or shall assign or sublet abandon the Premises except as expressly permitted by this Leaseand discontinue timely rental payments; (iv) or if Tenant shall vacate is adjudicated a bankrupt; or if a permanent receiver is appointed for Tenant's property; or if, whether voluntarily or involuntarily, Tenant takes advantage of any debtor relief proceedings under any present or future law, whereby the Premises or fail to occupy and conduct Tenant’s business in the Premises for a period of fifteen (15) days or longer; (v) Tenant rent or any assignee part thereof, is or sublessee of the entire Premises shall file is proposed to be, reduced or have filed against it (provided that with respect to any petition filed against it, such petition shall not have been vacated within sixty (60) days from the filing), a petition for adjudication in or as a bankruptcy, for reorganization, for an arrangementpayment thereof deferred, or for any other debtor or capital structure relief under any existing or future Bankruptcy Act as same may be amended, supplemented or replaced; (vi) if Tenant or any assignee or sublessee shall make makes an assignment for the benefit of creditorscreditors or if Tenant's property or effects should be levied upon or attached under process against Tenant, not satisfied or dissolved within 10 calendar days after written notice from Landlord to Tenant to obtain satisfaction thereof; (vii) a receiver of any property of Tenant shall be appointed then, and in any actionof said events, suit Landlord, at its option may pursue any one or proceeding more of the following remedies without any notice or demand whatsoever: . Landlord, at its option, may at once, or at any time thereafter terminate this Lease by written notice to Tenant, whereupon this Lease shall end concurrently with the receipt by Tenant of such notice. Upon such termination by Landlord, Tenant will at once surrender possession of the Premises to Landlord and remove all of Tenant's effects therefrom, and Landlord may forthwith re-enter the Premises and repossess himself thereof, and remove all persons and effects therefrom, using such force as may be necessary, without being guilty of trespass, forcible entry, detainer or against Tenant; other tort. . Landlord may, without terminating this Lease, enter upon and take possession of the Premises and expel or (viii) the interest of remove Tenant in and any other person who may be occupying the Premises or any part thereof, without being liable for prosecution or any claim for damages therefor, and, if Landlord so elects, make such alterations and repairs as, in Landlord's judgment, may be necessary to relet the Premises, and relet such space or any assets or property part thereof for such rent and for such period of Tenant time and subject to such terms and conditions as Landlord may deem advisable and receive the rent therefor. Upon each such reletting, all rent received by Landlord from such reletting shall be offered applied first to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord, including interest thereon; second, to the payment of any loss or expense of such reletting, including brokerage fees, reasonable attorneys' fees, advertising and promotion expenses and the cost of such alterations and repairs; third, to the payment of rent due and unpaid hereunder, together with interest thereon as herein provided; and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. Tenant agrees to pay to Landlord, on demand, any deficiency that may arise by reason of such reletting. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for sale such prior default. . In the event Landlord terminates this Lease in accordance with the provisions of this Article 16, Landlord may, in addition to any other remedy it may have, recover from Tenant all damages and expenses Landlord may suffer or sold under execution or other legal processincur by reason of Tenant's default hereunder, including, without limitation, the cost of recovering the Premises, reasonable attorneys' fees and the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated term over the then reasonable rental value of the Premises for the remainder of the stated term based upon a reduction to present value calculation at the rate of ten percent (10%), all of which sums shall jointly become immediately due and severally payable by Tenant to Landlord upon demand of Landlord. . Anything in this Lease to the contrary notwithstanding, in order to cover the extra expense involved in handling delinquent payments, Tenant shall pay a "late charge" of Two Hundred Fifty and No/100 Dollars ($250.00) when any installment of rent (basic or otherwise, as may be considered additional rental under this Lease) is paid more than seven (7) business days after the due date thereof. It is hereby understood that this charge is for extra expenses incurred by the Landlord in processing the delinquency and shall not be considered interest. . Pursuit of any of the foregoing remedies shall not preclude Landlord from pursuing any other remedies herein or at law or in equity provided, nor shall pursuit of any remedy by Landlord constitute a “Default”)forfeiture or waiver of any rent due to Landlord hereunder or of any damages accruing to Landlord by reason of Tenants violation of any of the covenants and provisions of this Lease.

Landlord’s Remedies Upon Default. (a) In the event that Tenant shall be in default if: (i) the payment of fails to pay any rent or other sums of money required to be paid by Tenant are not paid charges due hereunder within ten (10) days after receipt of written notice from Landlord that such payment the same is past-due and an additional ten (10) days after receipt of a second notice from Landlord if Tenant has not paid in the first ten (10) day perioddue; (ii) Tenant continues to fail or fails to perform any of Tenant’s obligations under the covenants, terms, conditions, provisions, rules and regulations or covenants of this Lease (other for more than for the payment of any sums) thirty (30) days after having received receipt of written notice of such failure by Landlord or if such failure shall be of such nature that the same cannot be reasonable cured or remedied within such thirty (30) day period, Tenant shall not in good faith have commenced the curing or remedying of such longer period not to exceed sixty (60) days as may be reasonably required if the failure is not capable of being cured within a such thirty (30) day period and thereafter diligently proceed therewith to completion; or if the Tenant proceeds shall abandon the Leased Premises; or if this Lease or the estate created hereby, shall be taken in execution or by other process of law; or if the Tenant shall be adjudicated insolvent or bankrupt pursuant to effect the provisions of any state or federal insolvency or bankruptcy act; or if a receiver or Trustee or the property of the Tenant shall be appointed by reason of the Tenant's insolvency and inability to pay debts; or if any assignment shall be made of the Tenant's property for the benefit of the creditors,(all of the foregoing being events of default), then and in any such cure with due diligence) event, the Landlord, besides other rights or remedies it may have, shall have the immediate right to re-enter the Leased Premises and an additional ten to remove all persons and property there from without notice or resort to legal process and without being deemed guilty of trespass or become liable for any loss or damage which may be occasioned thereby. If Tenant shall fail to pay the rent or any other charges within Ten (10) days after receipt of a second notice from Landlord if Tenant has not cured the breach same becomes due and payable, in the first period; (iii) Tenant shall commit waste or shall assign or sublet the Premises except as expressly permitted by this Lease; (iv) Tenant shall vacate the Premises or fail addition to occupy and conduct Tenant’s business in late charge, such unpaid amounts shall bear interest from the Premises for a period of fifteen due date at FOUR percent (154.00%) days or longer; (v) Tenant or any assignee or sublessee above the prime interest rate of the entire Premises Citi Bank or its successor. In no event shall file or have filed against it (provided that with respect to any petition filed against it, such petition shall not have been vacated within sixty (60) days from the filing), a petition for adjudication in or as a bankruptcy, for reorganization, for an arrangement, or for any other debtor or capital structure relief under any existing or future Bankruptcy Act as same may be amended, supplemented or replaced; (vi) Tenant or any assignee or sublessee shall make an assignment for the benefit of creditors; (vii) a receiver of any property of Tenant shall be appointed in any action, suit or proceeding by or against Tenant; or (viii) the interest of rate payable by Tenant in the Premises or in any assets or property of Tenant shall be offered for sale or sold under execution or other legal process, exceed eighteen percent (all of which shall jointly and severally constitute a “Default”18%).

Landlord’s Remedies Upon Default. SECTION 19. (a) If Tenant shall at any time (i) be in default if: (i) in the payment of rent Base Rent, Additional Rent, or other sums of money required to be paid by Tenant are and Tenant shall fail to remedy such default within five (5) days after Tenant receives notice from Landlord of Tenant's failure to pay Base Rent or Additional Rent, which Landlord shall not paid be obligated to give Tenant notice more than two times during every 12 month period; (ii) violate any restriction or rule in the Building Rules or the Declaration and fail to remedy such violation within ten thirty (1030) days after receipt of written notice from Landlord thereof except that if such payment default is past-due of the nature which is reasonably curable but requires more than thirty (30) days to commence, then within such longer period as is reasonable to cure such default if Tenant commences to diligently cure; (iii) be in default in the performance of any other covenant, term, condition, provision, rule or regulation of this Lease, and an additional ten Tenant shall fail to remedy such default within fifteen (1015) days after receipt of a second written notice from Landlord thereof except that if Tenant has not paid in the first ten (10) day period; (ii) Tenant continues to fail to perform any such default is of the covenants, terms, conditions, provisions, rules and regulations of this Lease (other nature which is reasonably curable but requires more than for the payment of any sums) thirty (30) days after having received written notice of such failure by Landlord (or such longer period not to exceed sixty (60) days as may be reasonably required if the failure is not capable of being cured within a thirty (30) day period and the Tenant proceeds to effect such cure with due diligence) and an additional ten (10) days after receipt of a second notice from Landlord if Tenant has not cured the breach in the first period; (iii) Tenant shall commit waste or shall assign or sublet the Premises except as expressly permitted by this Lease; (iv) Tenant shall vacate the Premises or fail to occupy and conduct Tenant’s business in the Premises for a period of fifteen (15) days or longerto commence, then within such longer period as is reasonable to cure such default if Tenant commences to diligently cure; (iv) violate the provisions of Section 34(b) hereof; (v) Tenant fail to continuously occupy and conduct Tenant's business on the Premises without continuing to pay Base Rent, Additional Rent or any assignee other sums due hereunder; or sublessee of the entire Premises shall file or have filed against it (provided that with respect to any petition filed against it, such petition shall not have been vacated within sixty (60) days from the filing), a petition for adjudication in or as a bankruptcy, for reorganization, for an arrangement, or for any other debtor or capital structure relief under any existing or future Bankruptcy Act as same may be amended, supplemented or replaced; (vi) Tenant become insolvent or any assignee or sublessee shall make an assignment for the benefit of creditors; (vii) , or if a receiver or trustee of any Tenant's property of Tenant shall be appointed in appointed, or if proceedings under any action, suit or proceeding chapter of the United States Bankruptcy Code shall be instituted by or against Tenant and shall not be dismissed within sixty (60) days after being filed, or if any event shall happen which, aside from this provision, would cause any assignment or devolution of Tenant's interest or occupancy hereunder by operation of law; then, in any such event, Landlord, in addition to all other remedies given to Landlord in law or (viii) the interest of Tenant in equity, may by written notice to Tenant, terminate this Lease, or without terminating this Lease, re-enter the Premises by summary proceedings or in otherwise. In any assets event Landlord may dispossess the Tenant, it being the understanding that under no circumstances is this Lease to be an asset for Tenant's creditors by operation of law or property otherwise. In the event of such re-entry Landlord shall use due diligence to relet the Premises as any other vacant space. However, Tenant's Premises will not be treated as a priority over any other vacant space. In the event of a reletting, Landlord shall apply the rent therefrom first to the payment of Landlord's reasonable expenses, including attorneys' fees incurred by reason of Tenant's default, and the expense of reletting, including repairs of the Premises and leasing commissions, and then to the amount of Base Rent, Additional Rent, and all other sums due from Tenant hereunder, Tenant remaining liable for all other sums due from Tenant hereunder and for any deficiency. Any and all such deficiencies shall be offered payable by the Tenant monthly on the date herein provided for sale or sold under execution or other legal process, (all the payment of which shall jointly and severally constitute a “Default”)Base Rent.

Landlord’s Remedies Upon Default. Section 16. (a) If Tenant shall at any time (i) be in default if: (i) in the payment of rent Base Rent, Additional Rent, or other sums of money required to be paid by Tenant are not paid and Tenant shall fail to remedy such default within ten five (105) days of the date such sum is due; (ii) violate any restriction or rule in the Building Rules and fail to remedy such violation within thirty (30) days after receipt of written notice from Landlord that thereof; (iii) be in default in the performance of any other covenant, term, condition, provision, rule, or regulation of this Lease, and Tenant shall fail to remedy such payment is past-due and an additional ten default within fifteen (1015) days after receipt of a second written notice from Landlord thereof (but Tenant shall not be deemed to be in default if Tenant has not paid in the first ten commences to remedy said defaults within said fifteen (10) day period; (ii) Tenant continues to fail to perform any of the covenants, terms, conditions, provisions, rules and regulations of this Lease (other than for the payment of any sums) thirty (30) days after having received written notice of such failure by Landlord (or such longer period not to exceed sixty (60) days as may be reasonably required if the failure is not capable of being cured within a thirty (3015) day period and the Tenant proceeds to effect such cure therewith with due diligence), and despite Tenant's efforts, said defaults cannot be remedied within said fifteen (15) and an additional ten (10) days after receipt of a second notice from Landlord if Tenant has not cured the breach in the first day period; (iii) Tenant shall commit waste or shall assign or sublet the Premises except as expressly permitted by this Lease); (iv) Tenant shall vacate commits waste upon the Premises; (v) vacates the Premises or fail fails to continuously occupy and conduct Tenant’s 's business in on the Premises for a period of fifteen (15) days Premises; or longer; (v) Tenant or any assignee or sublessee of the entire Premises shall file or have filed against it (provided that with respect to any petition filed against it, such petition shall not have been vacated within sixty (60) days from the filing), a petition for adjudication in or as a bankruptcy, for reorganization, for an arrangement, or for any other debtor or capital structure relief under any existing or future Bankruptcy Act as same may be amended, supplemented or replaced; (vi) Tenant becomes insolvent or any assignee or sublessee shall make makes an assignment for the benefit of creditors; (vii) , or if a receiver or trustee of any Tenant's property of Tenant shall be appointed in appointed, or if proceedings under any action, suit or proceeding chapter of the United States Bankruptcy Code shall be instituted by or against Tenant and shall not be dismissed within sixty (60) days after being filed, or if any event shall happen which, aside from this provision, would cause any assignment or devolution of Tenant's interest or occupancy hereunder by operation of law; then, in any event, Landlord, in addition to all other remedies given to Landlord in law or (viii) the interest of Tenant in equity, may by written notice to Tenant, terminate this Lease, or without terminating this Lease, reenter the Premises by summary proceedings or in otherwise. In any assets event Landlord may dispossess the Tenant, it being the understanding that under no circumstances is this Lease to be an asset for Tenant's creditors by operation of law or property otherwise. In the event of such reentry Landlord may relet the Premises without being obligated so to do and may apply the rent from such reletting first to the payment of Landlord's expenses, including attorneys' fees incurred by reason of Tenant's default, and the expense of reletting, including, without limitation, repairs, renovation, or alteration of the Premises and then to the amount of Base Rent, Additional Rent, and all other sums due from Tenant hereunder and for any deficiency. Any and all such deficiencies shall be offered payable by the Tenant monthly on the date herein provided for sale or sold under execution or other legal process, (all the payment of which shall jointly and severally constitute a “Default”)Base Rent.

Landlord’s Remedies Upon Default. (a) Tenant shall be in default if: under this Lease if Tenant (i) the payment fails to pay any installment of rent Base Rent, Additional Rent or other sums of charges or money required obligation to be paid by Tenant are not paid hereunder within ten five (105) days after receipt the same shall become due (all of written notice which monetary obligations of Tenant shall bear interest at the highest rate allowable by law, not to exceed 18% per annum from Landlord that such payment is past-the date due and an additional ten (10) days after receipt of a second notice from Landlord if Tenant has not paid in the first ten (10) day perioduntil paid); or (ii) Tenant continues to fail to perform defaults in the performance of any of the covenants, terms, conditions, provisions, rules and regulations terms or provisions of this Lease (other than for the payment payment, when due, of any sumsof Tenant's monetary obligations hereunder) thirty or any of the Rules and Regulations now or hereafter established by Landlord to govern the operation of this Building and fails to cure such default within twenty (3020) days after having received written notice thereof from Landlord; provided, however, that solely with respect to non- monetary defaults which cannot with due diligence be cured within such 20-day period, if, within such 20-day period, Tenant commences and thereafter diligently pursues the cure of any such failure by Landlord (or such longer non-monetary default, Tenant shall be granted an additional reasonable period not of time to exceed effect a cure, but in no event later than sixty (60) days as may be reasonably required if after the failure is not capable of being cured within a thirty (30) day period and date Tenant commences to cure the Tenant proceeds to effect such cure with due diligence) and an additional ten (10) days after receipt of a second notice from Landlord if Tenant has not cured the breach in the first perioddefault; or (iii) Tenant shall commit waste or shall assign or sublet abandons the Premises except as expressly permitted by this Leaseor fails to keep the Premises continuously and uninterruptedly open for business; or (iv) Tenant files a voluntary petition in bankruptcy, or any similar petition seeking relief under any present or future federal, or other bankruptcy or insolvency statue or law; or if a proceeding under any present or future federal, state or other bankruptcy or insolvency statute or law shall vacate the Premises or fail to occupy and conduct Tenant’s business in the Premises for a period of fifteen (15) days or longer; (v) be filed against Tenant or any assignee or sublessee asset of the entire Premises shall file or have filed against it (provided that with respect to any petition filed against itTenant, and such petition proceeding shall not have been dismissed or vacated within sixty ninety (6090) days from of the date of such filing), a petition for adjudication in ; or as a bankruptcy, for reorganization, for an arrangement, or for any other debtor or capital structure relief under any existing or future Bankruptcy Act as same may be amended, supplemented or replaced; (viv) Tenant or any assignee or sublessee shall make makes an assignment for the benefit of its creditors; (vii) a receiver . Upon the occurrence of any property of Tenant shall be appointed in the above events, Landlord, at its option, may pursue any action, suit one or proceeding by more of the following remedies without any notice or against Tenant; or (viii) the interest of Tenant in the Premises or in any assets or property of Tenant shall be offered for sale or sold under execution or other legal process, (all of which shall jointly and severally constitute a “Default”).demand whatsoever: AV-BTRL6.LSE MVD-5/6/97

Landlord’s Remedies Upon Default. 20.1 In the event of any Event of Default on the part of Tenant, Landlord may, if it so elects, and provided a Proper Successor (aas defined in Section 31.5) Tenant shall be in default if: (i) the payment of rent or other sums of money required to be paid by Tenant are not paid within has been designated, upon ten (10) days after receipt of written notice from Landlord that such payment is past-due to Tenant, forthwith either (i) terminate this Lease and an additional ten (10) days after receipt Tenant’s right to possession of a second notice from Landlord if Tenant has not paid in the first ten (10) day periodLeased Property; or (ii) Tenant continues terminate Tenant’s right to fail to perform any possession of the covenants, terms, conditions, provisions, rules and regulations Leased Property without terminating this Lease. Upon any such termination of this Lease (other than for the payment Lease, or upon any such termination of any sums) thirty (30) days after having received written notice Tenant’s right to possession without termination of such failure by Landlord (or such longer period not to exceed sixty (60) days as may be reasonably required if the failure is not capable of being cured within a thirty (30) day period and the Tenant proceeds to effect such cure with due diligence) and an additional ten (10) days after receipt of a second notice from Landlord if Tenant has not cured the breach in the first period; (iii) Tenant shall commit waste or shall assign or sublet the Premises except as expressly permitted by this Lease; (iv) , Tenant shall vacate the Demised Premises immediately, and shall quietly and peaceably deliver possession thereof to Landlord, and Tenant hereby grants to Landlord full and free license to enter into and upon the Demised Premises in such event with or without process of law and to repossess the Leased Property as Landlord’s former estate. In the event of any such termination of this Lease, Landlord shall again have possession and enjoyment of the Leased Property to the extent and as if this Lease had not been made, and thereupon the lease of the Leased Property and everything herein contained on the part of Tenant to be done and performed in connection therewith shall cease and terminate, all, however, without prejudice to and without relinquishing the rights of Landlord to Base Rent (which, upon such termination of this Lease and entry of Landlord upon the Demised Premises or fail any portion thereof, shall, subject to occupy and conduct Tenant’s business in applicable law, be the Premises for a period right to receive Base Rent due up to the time of fifteen (15such entry) days or longer; (v) Tenant or any assignee other right given to Landlord hereunder or sublessee by operation of the entire Premises shall file or have filed against it (provided that with respect to any petition filed against it, such petition shall not have been vacated within sixty (60) days from the filing), a petition for adjudication in or as a bankruptcy, for reorganization, for an arrangement, or for any other debtor or capital structure relief under any existing or future Bankruptcy Act as same may be amended, supplemented or replaced; (vi) Tenant or any assignee or sublessee shall make an assignment for the benefit of creditors; (vii) a receiver of any property of Tenant shall be appointed in any action, suit or proceeding by or against Tenant; or (viii) the interest of Tenant in the Premises or in any assets or property of Tenant shall be offered for sale or sold under execution or other legal process, (all of which shall jointly and severally constitute a “Default”)law.

Landlord’s Remedies Upon Default. (a) Tenant shall be in default if: under this Lease if Tenant (i) the payment fails to pay any installment of rent Base Rent, Additional Rent or other sums of charges or money required obligation to be paid by Tenant are not paid hereunder within ten (10) days after receipt the same shall become due (all of written notice which monetary obligations of Tenant shall bear interest at the highest rate allowable by law, not to exceed 18% per annum from Landlord the date due until paid); provided, however, that such payment is past-due and an additional ten (10) days after receipt of a second notice from Landlord if Tenant has shall not paid be in default with respect to the first two (2) monetary payments received after such ten (10) day periodperiod in any Lease Year until five (5) days after Tenant’s receipt of written notice of such late payment; or (ii) Tenant continues to fail to perform defaults in the performance of any of the covenants, terms, conditions, provisions, rules and regulations terms or provisions of this Lease (other than for the payment payment, when due, of any sumsof Tenant’s monetary obligations hereunder) or any of the Rules and Regulations now or hereafter established by Landlord to govern the operation of this Building and fails to cure such default within thirty (30) days after having received written notice of such failure by Landlord (thereof from Landlord; or such longer period not to exceed sixty (60) days as may be reasonably required if the failure is not capable of being cured within a thirty (30) day period and the Tenant proceeds to effect such cure with due diligence) and an additional ten (10) days after receipt of a second notice from Landlord if Tenant has not cured the breach in the first period; (iii) Tenant shall commit waste or shall assign or sublet abandons the Premises except as expressly permitted by this Leaseor fails to keep the Premises continuously and uninterruptedly open for business; or (iv) Tenant files a voluntary petition in bankruptcy, or any similar petition seeking relief under any present or future federal, or other bankruptcy or insolvency statue or law; or if a proceeding under any present or future federal, state or other bankruptcy or insolvency statute or law shall vacate the Premises or fail to occupy and conduct Tenant’s business in the Premises for a period of fifteen (15) days or longer; (v) be filed against Tenant or any assignee or sublessee asset of the entire Premises shall file or have filed against it (provided that with respect to any petition filed against itTenant, and such petition proceeding shall not have been dismissed or vacated within sixty (60) days from of the date of such filing), a petition for adjudication in ; or as a bankruptcy, for reorganization, for an arrangement, or for any other debtor or capital structure relief under any existing or future Bankruptcy Act as same may be amended, supplemented or replaced; (viv) Tenant or any assignee or sublessee shall make makes an assignment for the benefit of its creditors; (vii) a receiver . Upon the occurrence of any property of Tenant shall be appointed in the above events, Landlord, at its option, may pursue any action, suit one or proceeding by more of the following remedies without any notice or against Tenant; or (viii) the interest of Tenant in the Premises or in any assets or property of Tenant shall be offered for sale or sold under execution or other legal process, (all of which shall jointly and severally constitute a “Default”).demand whatsoever:

Landlord’s Remedies Upon Default. (a) Tenant shall be in default if: under this Lease if Tenant (i) the payment fails to pay any installment of rent Minimum Rent, Additional Rent or other sums of charges or money required obligation to be paid by Tenant are not paid hereunder within ten five (105) days after the same shall become due (all of which monetary obligations of Tenant shall bear interest at the highest rate allowable by law, not to exceed 18% per annum from the date due until paid); provided, however, that Tenant shall not be in default with respect to the first two (2) monetary payments received after such five (5) day period in any Lease Year until five (5) days after Tenant's receipt of written notice from Landlord that of such payment is past-due and an additional ten (10) days after receipt of a second notice from Landlord if Tenant has not paid in the first ten (10) day period; late payment: or (ii) if Tenant continues to fail to perform shall default in performing any of the covenants, terms, conditions, provisions, rules and regulations terms or provisions of this Lease (other than for the payment payment, when due, of any sumsof Tenant's monetary obligations hereunder) or any of the Rules and Regulations now or hereafter established by Landlord to govern the operation of the building and fails to cure such default within thirty (30) calendar days after having received written notice of such failure by Landlord (thereof from Landlord; or such longer period not to exceed sixty (60) days as may be reasonably required if the failure is not capable of being cured within a thirty (30) day period and the Tenant proceeds to effect such cure with due diligence) and an additional ten (10) days after receipt of a second notice from Landlord if Tenant has not cured shall abandon the breach in Premises; or if Tenant is adjudicated a bankrupt; or if a permanent receiver is appointed for Tenant's property; or if, whether voluntarily or involuntarily, Tenant takes advantage of any debtor relief proceedings under any present or future law, whereby the first period; (iii) Tenant shall commit waste or shall assign or sublet the Premises except as expressly permitted by this Lease; (iv) Tenant shall vacate the Premises or fail to occupy and conduct Tenant’s business in the Premises for a period of fifteen (15) days or longer; (v) Tenant rent or any assignee part thereof, is or sublessee of the entire Premises shall file is proposed to be, reduced or have filed against it (provided that with respect to any petition filed against it, such petition shall not have been vacated within sixty (60) days from the filing), a petition for adjudication in payment thereof deferred; or as a bankruptcy, for reorganization, for an arrangement, or for any other debtor or capital structure relief under any existing or future Bankruptcy Act as same may be amended, supplemented or replaced; (vi) if Tenant or any assignee or sublessee shall make makes an assignment for the benefit of creditorscreditors or if Tenant's property or effects should be levied upon or attached under process against Tenant, not satisfied or dissolved within 10 calendar days after written notice from Landlord to Tenant to obtain satisfaction thereof; (vii) a receiver of any property of Tenant shall be appointed then, and in any actionof said events, suit Landlord, at its option may pursue any one or proceeding by more of the following remedies without any notice or against Tenant; or (viii) the interest of Tenant in the Premises or in any assets or property of Tenant shall be offered for sale or sold under execution or other legal process, (all of which shall jointly and severally constitute a “Default”).demand whatsoever:

Landlord’s Remedies Upon Default. (a) In the event that Tenant shall be in default if: (i) the payment of fails to pay any rent or other sums of money required to be paid by Tenant are not paid charges due hereunder within ten (10) days after receipt of written notice from Landlord that such payment the same is past-due and an additional ten (10) days after receipt of a second notice from Landlord if Tenant has not paid in the first ten (10) day perioddue; (ii) Tenant continues to fail or fails to perform any of Tenant's obligations under the covenants, terms, conditions, provisions, rules and regulations or covenants of this Lease (other for more than for the payment of any sums) thirty (30) days after having received receipt of written notice of such failure by Landlord (or if such longer period failure shall be of such nature that the same cannot to exceed sixty (60) days as may be reasonably required if cured or remedied within such thirty (30) day period, Tenant shall not in good faith have commenced the curing or remedying of such failure is not capable of being cured within a such thirty (30) day period and thereafter diligently proceed therewith to completion; or if Tenant shall abandon the Leased Premises; or if this Lease or the estate created hereby shall be taken in execution or another process of law; or if Tenant proceeds shall be adjudicated insolvent or bankrupt pursuant to effect the provisions of any state or federal insolvency or bankruptcy act; or if a receiver or trustee of the property of Tenant shall be appointed by reason of Tenant's insolvency and inability to pay debts; or if any assignment shall be made of Tenant's property for its benefit of the creditors, (all of the foregoing being events of default), then and in any such cure with due diligence) event, Landlord, besides other rights or remedies it may have, shall have the immediate right to re-enter the Leased Premises and an additional to remove all persons and property therefrom without notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. If Tenant shall fail to pay rent or any other charges within ten (10) days after receipt of a second notice same becomes due and payable, such unpaid amounts shall bear interest from Landlord if Tenant has not cured the breach in due date at four percent (4.00%) above the first period; (iii) Tenant shall commit waste or shall assign or sublet the Premises except as expressly permitted by this Lease; (iv) Tenant shall vacate the Premises or fail to occupy and conduct Tenant’s business in the Premises for a period of fifteen (15) days or longer; (v) Tenant or any assignee or sublessee prime interest rate of the entire Premises CitiBank or its successor. In no event shall file or have filed against it (provided that with respect to any petition filed against it, such petition shall not have been vacated within sixty (60) days from the filing), a petition for adjudication in or as a bankruptcy, for reorganization, for an arrangement, or for any other debtor or capital structure relief under any existing or future Bankruptcy Act as same may be amended, supplemented or replaced; (vi) Tenant or any assignee or sublessee shall make an assignment for the benefit of creditors; (vii) a receiver of any property of Tenant shall be appointed in any action, suit or proceeding by or against Tenant; or (viii) the interest of rate payable by Tenant in the Premises or in any assets or property of Tenant shall be offered for sale or sold under execution or other legal process, exceed eighteen percent (all of which shall jointly and severally constitute a “Default”18%).

Landlord’s Remedies Upon Default. (a) Tenant shall be in default if: under this Lease if Tenant (i) the payment fails to pay any Installment of rent Base Rent, Additional Rent or other sums of charges or money required obligation to be paid by Tenant are not paid hereunder within ten five (105) days after receipt the same shall become due (all of written notice which monetary obligations of Tenant shall bear interest at the highest rate allowable by law, not to exceed 18% per annum from Landlord that such payment is past-the date due and an additional ten (10) days after receipt of a second notice from Landlord if Tenant has not paid in the first ten (10) day perioduntil paid); or (ii) Tenant continues to fail to perform defaults in the performance of any of the covenants, terms, conditions, provisions, rules and regulations terms or provisions of this Lease (other than for the payment payment, when due, of any sumsof Tenant’s monetary obligations hereunder) thirty or any of the Rules and Regulations now or hereafter established by Landlord to govern the operation of this Building and fails to cure such default within twenty (3020) days after having received written notice thereof from Landlord; provided, however, that solely with respect to non-monetary defaults which cannot with due diligence be cured within such 20-day period, if, within such 20-day period, Tenant commences and thereafter diligently pursues the cure of any such failure by Landlord (or such longer non-monetary default, Tenant shall be granted an additional reasonable period not of time to exceed effect a cure, but in no event later than sixty (60) days as may be reasonably required if after the failure is not capable of being cured within a thirty (30) day period and date Tenant commences to cure the Tenant proceeds to effect such cure with due diligence) and an additional ten (10) days after receipt of a second notice from Landlord if Tenant has not cured the breach in the first perioddefault; or (iii) Tenant shall commit waste or shall assign or sublet abandons the Premises except as expressly permitted by this Leaseor fails to keep the Premises continuously and uninterruptedly open for business; or (iv) Tenant files a voluntary petition in bankruptcy, or any similar petition seeking relief under any present or future federal, or other bankruptcy or insolvency statue or law; or if a proceeding under any present or future federal, state or other bankruptcy or insolvency statute or law shall vacate the Premises or fail to occupy and conduct Tenant’s business in the Premises for a period of fifteen (15) days or longer; (v) be filed against Tenant or any assignee or sublessee asset of the entire Premises shall file or have filed against it (provided that with respect to any petition filed against itTenant, and such petition proceeding shall not have been dismissed or vacated within sixty ninety (6090) days from of the date of such filing), a petition for adjudication in ; or as a bankruptcy, for reorganization, for an arrangement, or for any other debtor or capital structure relief under any existing or future Bankruptcy Act as same may be amended, supplemented or replaced; (viv) Tenant or any assignee or sublessee shall make makes an assignment for the benefit of its creditors; (vii) a receiver . Upon the occurrence of any property of Tenant shall be appointed in the above events, Landlord, at its option, may pursue any action, suit one or proceeding by more of the following remedies without any notice or against Tenant; or (viii) the interest of Tenant in the Premises or in any assets or property of Tenant shall be offered for sale or sold under execution or other legal process, (all of which shall jointly and severally constitute a “Default”).demand whatsoever:

Landlord’s Remedies Upon Default. (a) In the event Tenant shall be default in default if: (i) the payment payment, when due, of any installment of rent or other sums of charges or money required obligation to be paid by Tenant are hereunder (all of which monetary obligations of Tenant shall bear interest at the highest rate allowable by law, not to exceed eighteen percent (18%) per annum, from the date due until paid in full) within ten five (105) business days after the date any such amount is due; provided, however, that Tenant shall not be in default with respect to the first two (2) monetary payments received after such five (5) day period in any Lease Year until five (5) days after Tenant's receipt of written notice from Landlord that of such payment is past-due and an additional ten (10) days after receipt of a second notice from Landlord late payment; or if Tenant has not paid shall default in the first ten (10) day period; (ii) Tenant continues to fail to perform performing any of the covenants, terms, conditions, provisions, rules and regulations terms or provisions of this Lease (other than for the payment payment, when due, of any sumsof Tenant's monetary obligations hereunder) thirty (30) or any of the Rules and Regulations now or hereafter established by Landlord to govern the operation of the building and fails to cure such default within 30 calendar days after having received written notice of such failure by Landlord (or such longer period thereof from Landlord; provided, however, that, solely with respect to non-monetary defaults which cannot to exceed sixty (60) days as may with due diligence and best efforts be reasonably required if the failure is not capable of being cured within a such thirty (30) day period if, within such thirty (30) day period Tenant commences and thereafter diligently pursues the cure of any such non-monetary default, Tenant proceeds shall be granted an additional reasonable period of time to effect such cure with due diligence) and an additional ten (10) days after receipt of a second notice from Landlord cure; or if Tenant has not cured the breach in the first period; (iii) Tenant shall commit waste or shall assign or sublet abandon the Premises except as expressly permitted by this Leaseand discontinue timely rental payments; (iv) or if Tenant shall vacate is adjudicated a bankrupt; or if a permanent receiver is appointed for Tenant's property; or if, whether voluntarily or involuntarily, Tenant takes advantage of any debtor relief proceedings under any present or future law, whereby the Premises or fail to occupy and conduct Tenant’s business in the Premises for a period of fifteen (15) days or longer; (v) Tenant rent or any assignee part thereof, is or sublessee of the entire Premises shall file is proposed to be, reduced or have filed against it (provided that with respect to any petition filed against it, such petition shall not have been vacated within sixty (60) days from the filing), a petition for adjudication in payment thereof deferred; or as a bankruptcy, for reorganization, for an arrangement, or for any other debtor or capital structure relief under any existing or future Bankruptcy Act as same may be amended, supplemented or replaced; (vi) if Tenant or any assignee or sublessee shall make makes an assignment for the benefit of creditorscreditors or if Tenant's property or effects should be levied upon or attached under process against Tenant, not satisfied or dissolved within 10 calendar days after written notice from Landlord to Tenant to obtain satisfaction thereof; (vii) a receiver of any property of Tenant shall be appointed then, and in any actionof said events, suit Landlord, at its option may pursue any one or proceeding more of the following remedies without any notice or demand whatsoever: . Landlord, at its option, may at once, or at any time thereafter terminate this Lease by written notice to Tenant, whereupon this Lease shall end concurrently with the receipt by Tenant of such notice. Upon such termination by Landlord, Tenant will at once surrender possession of the Premises to Landlord and remove all of Tenant's effects therefrom, and Landlord may forthwith re-enter the Premises and repossess himself thereof, and remove all persons and effects therefrom, using such force as may be necessary, without being guilty of trespass, forcible entry, detainer or against Tenant; other tort. . Landlord may, without terminating this Lease, enter upon and take possession of the Premises and expel or (viii) the interest of remove Tenant in and any other person who may be occupying the Premises or any part thereof, without being liable for prosecution or any claim for damages therefor, and, if Landlord so elects, make such alterations and repairs as, in Landlord's judgment, may be necessary to relet the Premises, and relet such space or any assets or property part thereof for such rent and for such period of Tenant time and subject to such terms and conditions as Landlord may deem advisable and receive the rent therefor. Upon each such reletting, all rent received by Landlord from such reletting shall be offered applied first to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord, including interest thereon; second, to the payment of any loss or expense of such reletting, including brokerage fees, reasonable attorneys' fees, advertising and promotion expenses and the cost of such alterations and repairs; third, to the payment of rent due and unpaid hereunder, together with interest thereon as herein provided; and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. Tenant agrees to pay to Landlord, on demand, any deficiency that may arise by reason of such reletting. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for sale such prior default. . In the event Landlord terminates this Lease in accordance with the provisions of this paragraph 16, Landlord may, in addition to any other remedy it may have, recover from Tenant all damages and expenses Landlord may suffer or sold under execution or other legal processincur by reason of Tenant's default hereunder, including, without limitation, the cost of recovering. the Premises, reasonable attorneys' fees and the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved in this Lease for the remainder of the stated term over the then reasonable rental value of the Premises for the remainder of the stated term based upon a reduction to present value calculation at the rate of ten percent (10%), all of which sums shall jointly become immediately due and severally payable by Tenant to Landlord upon demand of Landlord. . Anything in this Lease to the contrary notwithstanding, in order to cover the extra expense involved in handling delinquent payments, Tenant shall pay a "late charge" of Two Hundred Fifty and No/100 Dollars ($250.00) when any installment of rent (basic or otherwise, as may be considered additional rental under this Lease) is paid more than seven (7) business days after the due date thereof. It is hereby understood that this charge is for extra expenses incurred by the Landlord in processing the delinquency and shall not be considered interest. . Pursuit of any or the foregoing remedies shall not preclude Landlord from pursuing any other remedies herein or at law or in equity provided, nor shall pursuit of any remedy by Landlord constitute a “Default”)forfeiture or waiver of any rent due to Landlord hereunder or of any damages accruing to Landlord by reason of Tenant's violation of any of the covenants and provisions of this Lease.

Landlord’s Remedies Upon Default. (a) Tenant shall be in default if: under this Lease if Tenant (i) the payment fails to pay any installment of rent Base Rent, Additional Rent or other sums of charges or money required obligation to be paid by Tenant are not paid hereunder within ten five (105) days after receipt the same shall become due (all of written notice which monetary obligations of Tenant shall bear interest at the highest rate allowable by law, not to exceed 18% per annum from the date due until paid); provided, however, that Landlord that shall not exercise its remedies with respect to the first two (2) monetary payments received after such payment is past-due and an additional ten five (105) day period in any Lease Year unless Tenant fails to cure such default within five (5) days after receipt Landlord provides Tenant with written notice of a second notice from Landlord if Tenant has not paid in the first ten (10) day periodsuch late payment; or (ii) Tenant continues to fail to perform defaults in the performance of any of the covenants, terms, conditions, provisions, rules and regulations terms or provisions of this Lease (other than for the payment payment, when due, of any sumsof Tenant’s monetary obligations hereunder) or any of the Rules and Regulations now or hereafter established by Landlord to govern the operation of this Building and fails to cure such default within thirty (30) days after having received written notice thereof from Landlord; or (iii) abandons the Premises or fails to keep the Premises continuously and uninterruptedly open for business; or (iv) files a voluntary petition in bankruptcy, or any similar petition seeking relief under any present or future federal, or other bankruptcy or insolvency statute or law; or if a proceeding under any present or future federal, state or other bankruptcy or insolvency statute or law shall be filed against Tenant or any asset of Tenant, and such failure by Landlord (proceeding shall not have been dismissed or such longer period not to exceed sixty (60) days as may be reasonably required if the failure is not capable of being cured vacated within a thirty (30) day period and days of the Tenant proceeds to effect date of such cure with due diligence) and an additional ten (10) days after receipt of a second notice from Landlord if Tenant has not cured the breach in the first periodfiling; (iii) Tenant shall commit waste or shall assign or sublet the Premises except as expressly permitted by this Lease; (iv) Tenant shall vacate the Premises or fail to occupy and conduct Tenant’s business in the Premises for a period of fifteen (15) days or longer; (v) Tenant or any assignee or sublessee of the entire Premises shall file or have filed against it (provided that with respect to any petition filed against it, such petition shall not have been vacated within sixty (60) days from the filing), a petition for adjudication in or as a bankruptcy, for reorganization, for an arrangement, or for any other debtor or capital structure relief under any existing or future Bankruptcy Act as same may be amended, supplemented or replaced; (vi) Tenant or any assignee or sublessee shall make makes an assignment for the benefit of its creditors; (vii) a receiver . Upon the occurrence of any property of Tenant shall be appointed in the above events, Landlord, at its option, may pursue any action, suit one or proceeding by more of the following remedies without any notice or against Tenant; or (viii) the interest of Tenant in the Premises or in any assets or property of Tenant shall be offered for sale or sold under execution or other legal process, (all of which shall jointly and severally constitute a “Default”).demand whatsoever:

Landlord’s Remedies Upon Default. (a) In the event Tenant shall be in default if: (i) the at any time fail to make timely payment of rent or other sums perform any of money required its obligations under this Lease, and Tenant shall fail to be paid by Tenant are not paid remedy such failure within ten fifteen (1015) days after receipt of written notice from Landlord that such payment is past-due and an additional ten (10) days after receipt of a second notice thereof from Landlord if Tenant has not paid in the first ten (10) day period; (ii) Tenant continues said failure relates to fail to perform any of the covenants, terms, conditions, provisions, rules and regulations of this Lease (other than for the payment of any sums) rent, or other monetary charges under this Lease, or within thirty (30) days after having received receipt of written notice of such failure by thereof from Landlord (or such longer period not to exceed sixty (60) days as may be reasonably required if the failure is relates to matters other than payment of rent or other monetary charges under this Lease, (but Tenant shall not capable be in default of being cured a matter other than payment of rent or other monetary charges under this Lease if it commences to remedy same within a thirty (30) day period days after such notice and the Tenant proceeds to effect such cure therewith with due diligence) and an additional ten (10) days after receipt of a second notice from Landlord or if Tenant has shall be adjudged a bankrupt or enter into an arrangement for the benefit of creditors under any state or federal insolvency law and such proceedings are not cured the breach in the first period; (iii) Tenant shall commit waste dismissed or shall assign or sublet the Premises except as expressly permitted by this Lease; (iv) Tenant shall vacate the Premises or fail to occupy and conduct Tenant’s business in the Premises for a period of fifteen (15) days or longer; (v) Tenant or any assignee or sublessee of the entire Premises shall file or have filed against it (provided that with respect to any petition filed against it, such petition shall not have been vacated terminated within sixty (60) days from after the filing)commencement thereof, a petition then Landlord may declare the terms of this Lease terminated, enter into possession of the Premises and xxx for adjudication in all rents and damages accrued under this Lease or as a bankruptcy, for reorganization, for an arrangementarising out of any violation hereof, or for Landlord may xxx without declaring this Lease void or entering into possession of the Premises and any other debtor or capital structure relief under any existing or future Bankruptcy Act recovery of rents shall be on a monthly basis as the same may be amended, supplemented or replaced; (vi) Tenant or any assignee or sublessee shall make an assignment for become due. Notwithstanding the benefit of creditors; (vii) a receiver recital of any property specific remedies, Landlord shall likewise have all rights and remedies (except acceleration) to which Landlord is entitled either in law or equity. Notwithstanding the notice requirements set forth above, Landlord shall not be required to provide Tenant with more than two (2) fifteen-day notices during any twelve-month period for nonpayment of Tenant shall be appointed in any actionrent, suit or proceeding by or against Tenant; or (viii) the interest of Tenant in the Premises or in any assets or property of Tenant shall be offered for sale or sold under execution or other legal processcharges payable by Tenant, (all of which shall jointly before Landlord exercises its immediate rights upon default as set forth and severally constitute a “Default”)permitted above.