Common use of Landlord’s Right to Cure Clause in Contracts

Landlord’s Right to Cure. If an Event of Default has occurred and is continuing, Landlord, without thereby waiving such Event of Default, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafter, and without notice. in the case of emergency or in case the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses incurred by Landlord in connection with any such performance by it for the account of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premises, shall be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms of the bills rendered by Landlord to Tenant.

Landlord’s Right to Cure. If an Event of Default has occurred Tenant shall fail or neglect to do or perform any covenant or condition required under this Lease and is continuingsuch failure shall not be cured within any applicable grace period, LandlordLandlord may, without thereby waiving such Event of Defaultdefault, may on five (5) business days notice to Tenant, but shall not be required to, make any payment payable by Tenant hereunder, discharge any lien, take out, pay for and maintain any insurance required hereunder, or do or perform or cause to be done or performed any such obligation other act or thing (entering upon the Premises for the account and at the expense of Tenant: (i) immediately or at any time thereaftersuch purposes, if Landlord shall so elect), and without notice. in the case of emergency Landlord shall not be or be held liable or in case any way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to Tenant on account thereof. Tenant shall repay to Landlord within five (5) business days following demand the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, entire out-of-pocket cost and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses expense incurred by Landlord in connection with any such performance by it the cure, including, without limitation, compensation to the agents, consultants and contractors of Landlord and reasonable attorneys’ fees and expenses. Landlord shall also impose a thirty percent (30%) administrative fee to compensate Landlord for the account cost of Tenant and performing on behalf of Tenant. Landlord may act upon shorter notice or no notice at all costs and expenses, including if necessary in Landlord’s reasonable counsel fees and disbursements, incurred by Landlord judgment to meet an emergency situation to protect Landlord’s interest in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premises, . Landlord shall not be required to inquire into the correctness of the amount of validity or any tax or lien that may be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable Landlord shall be duly protected in paying the amount of any such tax or lien claimed and in such event Landlord also shall have the full authority, in Landlord’s sole judgment and discretion and without prior notice to Landlord or approval by Tenant, and all charges, amounts and sums payable to settle or compromise any such lien or tax. Any act or thing done by Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to the provisions of this Lease Section shall not be or at the request and for the account be construed as a waiver of any such failure by Tenant, are providedor as a waiver of any term, furnished covenant, agreement or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms condition herein contained or of the bills rendered by Landlord to Tenantperformance thereof.

Landlord’s Right to Cure. If an Event of Default has occurred Tenant shall fail or neglect to do or perform any covenant or condition required under this Lease and is continuingsuch failure shall not be cured within any applicable grace period, LandlordLandlord may, without thereby waiving on five (5) days notice to Tenant, but shall not be required to, make any payment payable by Tenant hereunder, discharge any lien, take out, pay for and maintain any insurance required hereunder, or do or perform or cause to be done or performed any such Event of Defaultother act or thing (entering upon the Premises for such purposes, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafterif Landlord shall so elect), and without notice. in the case of emergency Landlord shall not be or be held liable or in case any way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to Tenant on account thereof. Tenant shall repay to Landlord within twenty (20) days after demand the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, entire out-of-pocket cost and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses expense incurred by Landlord in connection with the cure, including, without limitation, compensation to the agents, consultants and contractors of Landlord and reasonable attorneys’ fees and expenses. Landlord may act upon shorter notice or no notice at all if necessary in Landlord’s reasonable judgment to meet an emergency situation or governmental or municipal time limitation or to protect Landlord’s interest in the Premises. Landlord shall not be required to inquire into the correctness of the amount of validity or any such performance tax or lien that may be paid by it for the account Landlord on behalf of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premises, shall be paid by Tenant duly protected in paying the amount of any such tax or lien claimed and in such event Landlord also shall have the full authority, in Landlord’s sole judgment and discretion and without prior notice to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord or approval by Tenant, and all charges, amounts and sums payable to settle or compromise any such lien or tax. Any act or thing done by Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to the provisions of this Lease Section shall not be or at the request and for the account be construed as a waiver of any such failure by Tenant, are providedor as a waiver of any term, furnished covenant, agreement or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms condition herein contained or of the bills rendered by Landlord to Tenantperformance thereof.

Landlord’s Right to Cure. If an Event of Default has occurred Tenant shall fail or neglect to do or perform any covenant or condition required under this Lease and is continuingsuch failure shall not be cured within any applicable grace period, LandlordLandlord may, without thereby waiving on five (5) days notice to Tenant, but shall not be required to, make any payment payable by Tenant hereunder, discharge any lien, take out, pay for and maintain any insurance required hereunder, or do or perform or cause to be done or performed any such Event of Defaultother act or thing (entering upon the Premises for such purposes, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafterif Landlord shall so elect), and without notice. in the case of emergency Landlord shall not be or be held liable or in case any way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to Tenant on account thereof. Tenant shall repay to Landlord within fifteen (15) days after demand the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, entire out-of-pocket cost and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses expense incurred by Landlord in connection with any such performance by it for the account cure, including, without limitation, compensation to the agents, consultants and contractors of Tenant Landlord and all costs reasonable attorneys’ fees and expenses, including . Landlord may act upon shorter notice or no notice at all if necessary in Landlord’s reasonable counsel fees and disbursements, incurred by Landlord in any action judgment to meet an emergency situation or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in governmental or municipal time limitation or to protect Landlord’s interest in the Premises, . Landlord shall not be required to inquire into the correctness of the amount of validity or any tax or lien that may be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable Landlord shall be duly protected in paying the amount of any such tax or lien claimed and in such event Landlord also shall have the full authority, in Landlord’s sole judgment and discretion and without prior notice to Landlord or approval by Tenant, and all charges, amounts and sums payable to settle or compromise any such lien or tax. Any act or thing done by Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to the provisions of this Lease Section shall not be or at the request and for the account be construed as a waiver of any such failure by Tenant, are providedor as a waiver of any term, furnished covenant, agreement or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms condition herein contained or of the bills rendered by Landlord to Tenantperformance thereof.

Landlord’s Right to Cure. If an Event of Default has occurred Tenant shall fail or neglect to do or perform any covenant or condition required under this Lease and is continuingsuch failure shall not be cured within any applicable grace period, LandlordLandlord may, without thereby waiving on five (5) days notice to Tenant, but shall not be required to, make any payment payable by Tenant hereunder, discharge any lien, take out, pay for and maintain any insurance required hereunder, or do or perform or cause to be done or performed any such Event of Defaultother act or thing (entering upon the Premises for such purposes, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafterif Landlord shall so elect), and without notice. in the case of emergency Landlord shall not be or be held liable or in case any way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to Tenant on account thereof. Tenant shall repay to Landlord within twenty (20) days after demand the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, entire out-of-pocket cost and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses expense incurred by Landlord in connection with any such performance by it for the account cure, including, without limitation, compensation to the agents, consultants and contractors of Tenant Landlord and all costs reasonable attorneys’ fees and expenses, including . Landlord may act upon shorter notice or no notice at all if necessary in Landlord’s reasonable counsel fees and disbursements, incurred by Landlord in any action judgment to meet an emergency situation or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in governmental or municipal time limitation or to protect Landlord’s interest in the Premises, . Landlord shall not be required to inquire into the correctness of the amount of validity or any tax or lien that may be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable Landlord shall be duly protected in paying the amount of any such tax or lien claimed and in such event Landlord also shall have the full authority, in Landlord’s sole judgment and discretion and without prior notice to Landlord or approval by Tenant, and all charges, amounts and sums payable to settle or compromise any such lien or tax. Any act or thing done by Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to the provisions of this Lease Section shall not be or at the request and for the account be construed as a waiver of any such failure by Tenant, are providedor as a waiver of any term, furnished covenant, agreement or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms condition herein contained or of the bills rendered by Landlord to Tenantperformance thereof.

Landlord’s Right to Cure. If an Event Tenant defaults in the performance of Default has occurred and is continuingany obligations under this Lease, Landlord, without thereby waiving such Event of Defaultdefault, may perform such obligation for the account and obligations at the expense of Tenant’s expense: (ia) immediately or at any time thereafterimmediately, and without notice. , in the case of emergency or in case if the matter giving rise to such Event of Default default (Ai) materially interferes with the use by any other tenant of any space in the BuildingsBuilding, (Bii) materially interferes with the efficient operation of the BuildingsBuilding, (Ciii) will result results in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (Eiv) will results or may result in a cancellation of any insurance policy maintained by Landlord, and (iib) in any other case if such Event of Default default continues after 10 days ten (10) Business Days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All reasonable costs and expenses incurred by Landlord in connection with any such performance by it for the account of Tenant and all reasonable costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord as a result of any Event of Default or in any action or proceeding (including any summary dispossess process proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premises, or any other such action or proceeding in which Landlord is a party, shall be paid by Tenant to Landlord on demandwithin thirty (30) days after demand therefor, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease Lease, attributable directly to Tenant’s use and occupancy of the Premises or presence at the Building, or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms within thirty (30) days after receipt of the bills rendered by Landlord to TenantLandlord’s invoice for such amount.

Landlord’s Right to Cure. If an Event of Default has occurred Tenant shall fail or neglect to do or perform any covenant or condition required under this Lease and is continuingsuch failure shall not be cured within any applicable grace period, LandlordLandlord may, without thereby waiving on five (5) days’ notice to Tenant, but shall not be required to, make any payment payable by Tenant hereunder, discharge any lien, take out, pay for and maintain any insurance required hereunder, or do or perform or cause to be done or performed any such Event of Defaultother act or thing (entering upon the Premises for such purposes, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafterif Landlord shall so elect), and without notice. in the case of emergency Landlord shall not be or be held liable or in case the matter giving rise any way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to such Event of Default Tenant on account thereof. Tenant shall repay to Landlord within fifteen (A15) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, days after demand all reasonable out-of-pocket cost and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses expense incurred by Landlord in connection with any such performance by it for the account cure, including, without limitation, compensation to the agents, consultants and contractors of Tenant Landlord and all costs reasonable attorneys’ fees and expenses, including . Landlord may act upon shorter notice or no notice at all if necessary in Landlord’s reasonable counsel fees and disbursements, incurred by Landlord in any action judgment to meet an emergency situation or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in governmental or municipal time limitation or to protect Landlord’s interest in the Premises, . Landlord shall not be required to inquire into the correctness of the amount of validity or any tax or lien that may be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable Landlord shall be duly protected in paying the amount of any such tax or lien claimed and in such event Landlord also shall have the full authority, in Landlord’s sole judgment and discretion and without prior notice to Landlord or approval by Tenant, and all charges, amounts and sums payable to settle or compromise any such lien or tax. Any act or thing done by Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to the provisions of this Lease Section shall not be or at the request and for the account be construed as a waiver of any such failure by Tenant, are providedor as a waiver of any term, furnished covenant, agreement or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms condition herein contained or of the bills rendered by Landlord to Tenantperformance thereof.

Landlord’s Right to Cure. If an Event of Default has occurred and is continuing, Landlord, without thereby waiving such Event of Default, may perform such obligation for the account and at the expense of Tenant: (i) immediately or Tenant shall at any time thereafterfail to make any payment or perform any other act on its part to be made or performed pursuant to this Restated Lease and such failure continues beyond any applicable notice or cure period, then Landlord, after ten (10) Business Days' Notice to Tenant, or with such notice (if any) as is reasonably practicable under the circumstances in case of an emergency, and without notice. in the case of emergency waiving or in case the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, and (ii) in any other case if such Event of Default continues after 10 days releasing Tenant from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses incurred by Landlord in connection with any such performance by it for the account of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant or from any Default by Tenant and without waiving Landlord's right to take such action as may be permissible under this Restated Lease and/or right as a result of Landlord in or to the Premisessuch Default, may (but shall be under no obligation to) make such payment or perform such act on Tenant's part to be made or performed pursuant to this Restated Lease. Landlord may enter upon any Property for such purpose, and take all such action on any such Property, as may be reasonably necessary under the circumstances, but in doing so shall not unreasonably interfere with the conduct of operations on any such Property by Tenant or anyone claiming through Tenant and shall comply with Tenant's reasonable instructions. Tenant shall reimburse Landlord, as Additional Rent (within twenty (20) days after Notice from Landlord accompanied by reasonable backup documentation), for all actual, out-of-pocket sums paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date and all actual costs and expenses reasonably incurred by Landlord. Except as expressly provided to the contrary , together with Landlord's Legal Costs, in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance connection with the terms exercise of the bills rendered by Landlord to TenantLandlord's cure rights under this Section.

Landlord’s Right to Cure. If an Event of Default has occurred and is continuing, Landlord, without thereby waiving such Event of Default, may perform such obligation for the account and at the expense of Tenant: (i) immediately or Tenant shall at any time thereafterdefault in the ------------------------ performance of any obligation under this Lease and such default is not remedied for a period of fifteen (15) days following receipt of written notice thereof (provided, that in the event a default or breach is not susceptible of being remedied within such fifteen (15) day period the time permitted Tenant to remedy the default or breach shall be extended for as long as shall be reasonably necessary to remedy same if Tenant commences promptly and proceeds diligently until successful to remedy such default or breach, except that the period for remedying a default or breach shall not be so extended if the extension in Landlord's reasonable judgment may jeopardize the value of the Lot or Building or the interest of the Landlord in the Lot or Building or may subject Landlord to civil or criminal liabilities), Landlord shall have the right, but shall not be obligated, to enter upon the Premises and to perform such obligation, notwithstanding the fact that no specific provision for such substituted performance by Landlord is made in this Lease with respect to such default . In performing such obligation, Landlord may make any payment of money or perform any other act. All sums so paid by Landlord (together with interest at the maximum rate set by statute), and without notice. in the case of emergency or in case the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All all necessary incidental costs and expenses incurred by Landlord in connection with the performance of any such performance by it for the account of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premises, shall be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered act by Landlord, shall become due be deemed to be Additional Rent under this Lease and shall be payable by Tenant to Landlord in accordance with immediately on demand. Landlord may exercise the terms foregoing rights without waiving any other of the bills rendered by Landlord to Tenantits rights or releasing Tenant from any of its obligations under this Lease.

Landlord’s Right to Cure. If an Event of Default has occurred Tenant shall fail or neglect to do or perform any covenant or condition required under this Lease and is continuingsuch failure shall not be cured within any applicable grace period, LandlordLandlord may, without thereby waiving on five (5) days notice to Tenant, but shall not be required to, make any payment payable by Tenant hereunder, discharge any lien, take out, pay for and maintain any insurance required hereunder, or do or perform or cause to be done or performed any such Event of Defaultother act or thing (entering upon the Premises for such purposes, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafterif Landlord shall so elect), and without notice. in the case of emergency Landlord shall not be or be held liable or in case any way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to Tenant on account thereof. Tenant shall repay to Landlord within twenty (20) days after demand the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, entire out-of- pocket cost and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses expense incurred by Landlord in connection with any such performance by it for the account cure, including, without limitation, compensation to the agents, consultants and contractors of Tenant Landlord and all costs reasonable attorneys’ fees and expenses, including . Landlord may act upon shorter notice or no notice at all if necessary in Landlord’s reasonable counsel fees and disbursements, incurred by Landlord in any action judgment to meet an emergency situation or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in governmental or municipal time limitation or to protect Landlord’s interest in the Premises, . Landlord shall not be required to inquire into the correctness of the amount of validity or any tax or lien that may be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable Landlord shall be duly protected in paying the amount of any such tax or lien claimed and in such event Landlord also shall have the full authority, in Landlord’s sole judgment and discretion and without prior notice to Landlord or approval by Tenant, and all charges, amounts and sums payable to settle or compromise any such lien or tax. Any act or thing done by Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to the provisions of this Lease Section shall not be or at the request and for the account be construed as a waiver of any such failure by Tenant, are providedor as a waiver of any term, furnished covenant, agreement or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms condition herein contained or of the bills rendered by Landlord to Tenantperformance thereof.

Landlord’s Right to Cure. If an Event of Default has occurred and is continuing, Landlord shall fail to perform any obligation under this Lease required to be performed by Landlord, without thereby waiving Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such Event failure shall have continued for a period of Defaultthirty (30) days after notice thereof by Tenant (provided, if the nature of Landlord's failure is such that more time is reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure within such period and thereafter diligently seeks to cure such failure to completion). If Landlord shall default and fail to cure as provided herein, Tenant shall have such rights and remedies as may be available to Tenant under applicable Laws, subject to the other provisions of this Lease; provided, Tenant shall have no right of self-help to perform such repairs or any other obligation for of Landlord, and shall have no right to withhold, set-off, or xxxxx Rent, or terminate this Lease, and Tenant hereby expressly waives the account benefit of any Law to the contrary. ARTICLE 22: INDEMNIFICATION Tenant shall defend, indemnify and at hold Landlord harmless from and against any and all claims, demands, losses, penalties, fines, fees, charges, assessments, liabilities, damages, judgments, orders, decrees, actions, administrative or other proceedings, costs and expenses (including court costs, attorneys' fees, and expert witness fees), and any diminution in value or loss or interference with the expense transfer, use or enjoyment of Tenantthe Premises, the Building or the Property or other property or business or affecting title thereto, howsoever caused, which directly or indirectly relate to or result wholly or in part from, or are alleged to relate to or arise wholly or in part from: (i) immediately any violation or at breach of this Lease or applicable Law by any time thereafterTenant Parties (as defined below), (ii) damage, loss or injury to persons, property or business occurring in, about or from the Premises, (iii) damage, loss or injury to persons, property or business directly or indirectly arising out of any Tenant Party's use of the Premises, the Building or the Property, or out of any other act or omission of any Tenant Parties. For purposes of this provision, "Tenant Parties" shall mean Tenant, any other occupant of the Premises and any of their respective agents, employees, invitees, Transferees and contractors. Without limiting the generality of the foregoing, Tenant specifically acknowledges that the undertaking herein shall apply to claims in connection with or arising out of any "Work" as described in Article 9, the installation, maintenance, use or removal of any "Lines" as described in Article 29, the transportation, use, storage, maintenance, generation, manufacturing, handling, disposal, release, discharge, spill or leak of any "Hazardous Material" as described in Article 30, and without noticeviolations of Tenant's responsibilities respecting the Disabilities Acts as described in Article 31 (whether or not any of such matters shall have been theretofore approved by Landlord). Notwithstanding the foregoing to the contrary, the foregoing indemnity shall not apply to claims caused solely by the gross negligence or willful misconduct of the party seeking to be indemnified. ARTICLE 23: RETURN OF POSSESSION At the expiration or earlier termination of this Lease or Tenant's right of possession, Tenant shall vacate and surrender possession of the entire Premises and the Landlord's Personal Property in the case of emergency condition required under Article 8 and the Rules, ordinary wear and tear excepted, shall surrender all keys and key cards, and any parking transmitters, stickers or in case the matter giving rise cards, to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, and shall remove all personal property and office trade fixtures (iiexcept Landlord's Personal Property) in any other case if such Event of Default continues after 10 days from that may be readily removed without damage to the date Landlord gives notice of Landlord’s intention so to perform Premises, the defaulted obligationBuilding or the Property. All costs improvements, fixtures and expenses incurred other items, including ceiling light fixtures, HVAC equipment, plumbing fixtures, hot water heaters, fire suppression and sprinkler systems, "Lines" under Article 29, interior stairs, wall coverings, carpeting and other flooring, blinds, drapes and window treatments, in or serving the Premises, whether installed by Tenant or Landlord, and Landlord's Personal Property, shall be Landlord's property and shall remain upon the Premises, all without compensation, allowance or credit to Tenant, unless Landlord elects otherwise as provided herein. If prior to such termination Landlord so directs by notice, Tenant shall promptly remove such of the foregoing items as are designated in such notice and restore the Premises to the condition prior to the installation of such items in a good and workmanlike manner; provided, Landlord shall not require removal of customary office improvements installed with Landlord's written approval (except as expressly and reasonably required by Landlord in connection with granting such approval). If Tenant shall fail to perform any such performance repairs or restoration, or fail to remove any items from the Premises required hereunder, Landlord may do so and Tenant shall pay Landlord's charges therefor upon demand. All property removed from the Premises by it Landlord pursuant to any provisions of this Lease or any Law may be handled or stored by Landlord at Tenant's expense, and Landlord shall in no event be responsible for the account value, preservation or safekeeping thereof. All property not removed from the Premises or retaken from storage by Tenant within thirty (30) days after expiration or earlier termination of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or or Tenant's right of Landlord in or to the Premisespossession, shall at Landlord's option be paid conclusively deemed to have been conveyed by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred as if by xxxx of sale without payment by Landlord. Except as expressly provided Unless prohibited by applicable Law, Landlord shall have a lien against such property for the costs incurred in removing and storing the same. Tenant hereby waives any statutory notices to vacate or quit the contrary in Premises upon expiration of this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms of the bills rendered by Landlord to Tenant.. ARTICLE 24:

Landlord’s Right to Cure. If an Event of Default has occurred and is continuing, Landlord, without thereby waiving such Event of Default, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafter, and without notice. in the case of emergency or in case the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses incurred by Landlord in connection with any such performance by it for the account of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premises, shall be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by LandlordXxxxxxxx. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms of the bills rendered by Landlord to Tenant.

Landlord’s Right to Cure. If an Event Tenant defaults in the performance of Default has occurred and is continuingits obligations under this Lease, Landlord, without thereby waiving such Event of Defaultdefault, may perform such obligation for the account and at the expense of Tenant: (ia) immediately or at any time thereafter, thereafter and without notice. , in the case of emergency or in the case the matter giving rise to such Event of Default default (Ai) materially interferes with the use by any other tenant of any space in the BuildingsBuilding, (Bii) materially interferes with the efficient operation of the BuildingsBuilding, (Ciii) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (Eiv) will result in a cancellation of any insurance policy maintained by Landlord, or (v) will result in a breach of or default under any Superior Lease or Mortgage, and (iib) in any other case if such Event of Default default continues after 10 days Business Days from the date Landlord gives notice of Landlord’s 's intention so to perform the defaulted obligation if Tenant does not cure within such 10 Business Day period. Notwithstanding the foregoing, Landlord shall use its reasonable efforts to notify Tenant of Landlord's intent to perform any Tenant obligation, provided, however, that a failure of Landlord to provide such notice shall not prevent Landlord from collecting its costs from Tenant nor of calling a default with respect to such Tenant obligation. All actual costs and expenses incurred by Landlord in connection with any such performance by it for the account of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premises, shall be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all out-of-pocket costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms of the bills rendered by Landlord to Tenant.

Landlord’s Right to Cure. If an Event of Default has occurred Tenant shall fail or neglect to do or perform any covenant or condition required under this Lease and is continuingsuch failure shall not be cured within any applicable grace period, LandlordLandlord may, without thereby waiving on five (5) days notice to Tenant, but shall not be required to, make any payment payable by Tenant hereunder, discharge any lien, take out, pay for and maintain any insurance required hereunder, or do or perform or cause to be done or performed any such Event of Defaultother act or thing (entering upon the Premises for such purposes, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafterif Landlord shall so elect), and without notice. Landlord shall not be or be held liable or in any way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to Tenant on account thereof except to the extent caused by Landlord's negligence or willful misconduct in the case of emergency or in case the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant performance of any space in act associated with such cure (not including any type of financial performance). Tenant shall repay to Landlord within thirty (30) days after demand the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, entire out-of-pocket cost and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses expense incurred by Landlord in connection with any such performance by it for the account cure, including, without limitation, compensation to the agents, consultants and contractors of Tenant Landlord and all costs reasonable attorneys' fees and expenses, including . Landlord may act upon shorter notice or no notice at all if necessary in Landlord's reasonable counsel fees and disbursements, incurred by Landlord in any action judgment to meet an emergency situation or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in governmental or municipal time limitation or to protect Landlord's interest in the Premises, . Landlord shall not be required to inquire into the correctness of the amount of validity or any tax or lien that may be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable Landlord shall be duly protected in paying the amount of any such tax or lien claimed and in such event Landlord also shall have the full authority, in Landlord's sole judgment and discretion and without prior notice to Landlord or approval by Tenant, and all charges, amounts and sums payable to settle or compromise any such lien or tax. Any act or thing done by Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to the provisions of this Lease Section shall not be or at the request and for the account be construed as a waiver of any such failure by Tenant, are providedor as a waiver of any term, furnished covenant, agreement or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms condition herein contained or of the bills rendered by Landlord to Tenantperformance thereof.

Landlord’s Right to Cure. If an Event Tenant shall default in the observance or performance of Default has occurred and is continuingany term or covenant on Tenant’s part to be observed or performed under, Landlordor by virtue of, any of the terms or provisions of this Lease, Landlord may, without thereby waiving such Event of Defaultdefault, may perform such obligation for the account account, and at the expense sole cost and expense, of Tenant: (ia) immediately or at any time thereafter, and without notice. thereafter in the case of an emergency or in case the matter giving rise to if such Event of Default default shall or reasonably threatens to: (Ai) materially interferes interfere with the use by any other tenant of any other space in the BuildingsBuilding, (Bii) materially interferes interfere with the efficient operation of the BuildingsBuilding, (Ciii) will result in a violation of any Legal Requirement, (Div) will result in a default under any Mortgage or Superior LeaseInterest, or (Ev) will result in a cancellation of any insurance policy maintained by Landlord, and (iib) in any other case if such Event default continues beyond the expiration of Default continues after 10 days from the date Landlord gives any notice of Landlord’s intention so to perform the defaulted obligationand grace period applicable thereto, if any. All actual out- of-pocket costs and expenses incurred by Landlord or its agent in connection with any such performance by it for the account of Tenant hereunder, and all reasonable out-of-pocket costs and expenses, including including, but not limited to, reasonable counsel attorneys’ fees and disbursementsexpenses, incurred by Landlord or its agent in connection with any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Demised Premises, shall be paid by Tenant to Landlord on demandLandlord, together with interest thereon at the Interest Rate from the date incurred by Landlord, within ten (10) days of rendition of any xxxx or statement to Tenant therefor. Except as expressly provided to If the contrary in this LeaseTerm hereof shall have expired or terminated at the time of Landlord’s making such expenditures or incurring such obligations, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred such sums shall be recoverable by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms of the bills rendered by Landlord to Tenantas damages.

Landlord’s Right to Cure. If an Event Tenant shall fail to perform any obligation under this Lease, including any Repairs, Tenant Removable Obligations or obligations regarding insurance, Mechanics Liens or Hazardous Materials, Landlord may, but shall not be obligated to, make any such payment or perform any such act on Tenant’s part without waiving its rights based upon any default of Default has occurred Tenant and is continuingwithout releasing Tenant from any obligations hereunder, Landlord, without thereby waiving such Event of Default, may perform such obligation for the account and at the expense of Tenant: (ia) immediately or at any time thereafterimmediately, and without notice. , in the case of emergency or in case if the matter giving rise to such Event of Default default (Ai) materially interferes with the use by any other tenant of any space in the BuildingsBuilding, (Bii) materially interferes with the efficient operation of the BuildingsBuilding, (Ciii) will result results in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Leaseapplicable Requirements, or (Eiv) results or will result in a cancellation of any insurance policy maintained by Landlord, and (iib) in any other case if such Event of Default default continues for ten (10) days after 10 days from the date Landlord gives notice Notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses incurred by Landlord in connection with any such performance by it for the account of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premises, shall be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly may be specifically provided to the contrary in this Lease, Tenant shall pay to Landlord, upon delivery by Landlord to Tenant of statements therefor: (i) all reasonable costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by perform Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, ’s obligations pursuant to the provisions of Article 19 plus Landlord’s Administrative Charge; (ii) all Landlord Losses referred to in Article 10 of this Lease; and (iii) sums equal to all expenditures made and obligations incurred by Landlord in collecting or attempting to collect the Rent or in enforcing or attempting to enforce any rights of Landlord under this Lease or at pursuant to law, including, without limitation, all reasonable legal fees and other amounts so expended. Tenant’s obligations under this Article 19 shall survive the request and for the account of Tenant, are provided, furnished expiration or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms sooner termination of the bills rendered by Landlord to TenantTerm.

Landlord’s Right to Cure. If an Event Tenant defaults in the performance of Default has occurred and is continuingits obligations under this Lease, Landlord, without thereby waiving such Event of Defaultdefault, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafter, and without notice. , in the case of emergency or in case the matter giving rise to such Event of Default default (A) materially interferes with the use by any other tenant of any space in the BuildingsBuilding, (B) materially interferes with the efficient operation of the BuildingsBuilding, (C) will result has resulted in a violation of any RequirementRequirements, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, and (ii) in any other case if such Event of Default default continues after 10 ten (10) days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All out-of-pocket costs and expenses incurred by Landlord in connection with any such performance by it for the account of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premises, shall be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms of the bills rendered by Landlord to Tenant.

Landlord’s Right to Cure. If an Event of Default has occurred and is continuing, Landlord, without thereby waiving such Event of Default, may perform such obligation for the account and at the expense of Tenant: (i) immediately or Tenant shall at any time thereafterfail to (a) pay any Imposition in accordance with the provisions of ARTICLE 5, (b) to take out, pay for, maintain or deliver any of the insurance policies provided for in ARTICLE 7, (c) to perform any maintenance or repair required by SECTION 8.1, (d) to cause any lien of the character referred to in SECTION 8.4 to be discharged as therein provided, or (e) shall fail to perform any other act on its part to be performed under this Lease and without notice. such failure shall continue for a period of thirty (30) days after notice thereof, specifying such failure, shall have been given to Tenant or, in the case of emergency a failure which cannot with due diligence be remedied by Tenant within thirty (30) days, if Tenant shall fail to proceed as promptly as may reasonably be possible after the service of such notice and with all due diligence to remedy the failure or shall thereafter fail to prosecute the remedying of such failure with all due diligence, the Landlord may, but shall not be obligated to do so, and without further notice or demand upon Tenant and without waiving or releasing Tenant from any obligations of Tenant in case the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildingsthis Lease contained, (Bi) materially interferes with pay any Imposition payable by Tenant pursuant to the efficient operation provisions of ARTICLE 5, (ii) take out, pay for and maintain any of the Buildingsinsurance policies provided for in ARTICLE 7, (Ciii) will result in a violation of perform any Requirementmaintenance or repair required by SECTION 8.1, (Div) will result discharge any lien of the character referred to in a default under any Mortgage or Superior LeaseSECTION 8.4, or (Ev) will result perform any other act on Tenant's part to be performed as in this Lease provided; provided, however, that, if Tenant's failure shall have created a cancellation situation which, in the reasonable opinion of any insurance policy maintained by Landlord, and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice threatens imminent loss or impairment of Landlord’s intention so 's estate hereunder or Landlord's interest in the Demised Premises or imminent loss or damage to perform persons or property, or threatens civil and/or criminal penalties to Landlord, the defaulted obligationLandlord may act immediately and without prior written notice to Tenant but Landlord shall attempt to give Tenant such notice as is reasonable under the circumstances. All reasonable sums so paid by Landlord and all necessary incidental and reasonable costs and expenses paid or incurred by Landlord in connection with the performance of any such performance act by it for Landlord, together with interest thereon from the account date of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred making of such expenditure by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to at the PremisesDefault Rate, shall be paid payable by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms of the bills rendered by Landlord to Tenant.

Landlord’s Right to Cure. If All obligations to be performed by City under any of the terms of this Lease shall be at City's sole cost and expense. Without regard to whether or not such failure does or does not at such time constitute an Event event of Default has occurred and is continuingdefault, Landlordif City (a) shall fail to pay any sum of money, other than Rent, required to be paid by it hereunder or (b) shall fail, for any reason other than unavoidable delays, to perform any other act on its part to be performed hereunder within the time frame for such performance required under the Lease, upon seven (7) days written notice thereof by Landlord (except in cases of emergency when Landlord may proceed to cure without thereby waiving such Event of Defaultprior notice to City) Landlord may, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafterbut shall not be obligated so to do, and without noticewaiving or releasing city from any obligations of City, make any such payment or perform any such other act on City's part to be made or performed as in this Lease provided. All sums so paid by Xxxxxxxx and all necessary incidental costs, including costs of settlements, defense, court costs and attorneys' fees which Landlord may incur in the case of emergency or in case the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant course of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses incurred by Landlord in connection with any such performance by it for the account of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premisescure, shall be paid by Tenant payable to Landlord on demand, with interest thereon at and Landlord shall have (in addition to any ether right or remedy of Landlord) the Interest Rate from same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of rent. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE, LANDLORD ACKNOWLEDGES AND AGREES THAT NO OFFICER OR EMPLOYEE OF CITY HAS AUTHORITY TO COMMIT CITY HERETO UNLESS AND UNTIL CITY’S BOARD OF SUPERVISORS SHALL HAVE DULY ADOPTED A RESOLUTION APPROVING THIS LEASE AND AUTHORIZING CONSUMMATION OF THE TRANSACTION CONTEMPLATED HEREBY. THEREFORE, ANY OBLIGATIONS OR LIABILITIES OF CITY HEREUNDER ARE CONTINGENT UPON ADOPTION OF SUCH A RESOLUTION, AND THIS LEASE SHALL BE NULL AND VOID UNLESS CITY’S MAYOR AND BOARD OF SUPERVISORS APPROVE THIS LEASE, IN THEIR RESPECTIVE SOLE AND ABSOLUTE DISCRETION, AND IN ACCORDANCE WITH ALL APPLICABLE LAWS. APPROVAL OF THIS LEASE BY ANY DEPARTMENT, COMMISSION OR AGENCY OF CITY SHALL NOT BE DEEMED TO IMPLY THAT SUCH RESOLUTION WILL BE ADOPTED NOR WILL ANY SUCH APPROVAL CREATE ANY BINDING OBLIGATIONS ON CITY Landlord and City have executed this Lease as of the date incurred by first written above. LANDLORD: By: Xxxxxxx X. Xxxxxxxxx, as trustee for the Xxxxxxx and Xxxxx Xxxxxxxxx 1998 Revocable Trust (68% ownership) By: Xxxxx X. Xxxxxxxxx, as trustee for the Xxxxxxx and Xxxxx Xxxxxxxxx 1998 Revocable Trust (68% ownership) By: Xxxxxx X. Xxxxxxxxx (16%) as an individual held as his sole and separate property By: Xxxxx X. Xxxxxxxxx (16%) as an individual held as her sole and separate property CITY: CITY AND COUNTY OF SAN FRANCISCO,a municipal corporation By: XXXX XXXXXX Director of Property RECOMMENDED: Assessor - Recorder APPROVED AS TO FORM: XXXXXX X. XXXXXXX, City Attorney By: Deputy City Attorney EXHIBIT A FLOOR PLAN(S) CONSISTING OF PAGE(S) EXHIBIT B NOTICE OF COMMENCEMENT DATE [Date] Mr. Xxxx Xxxxxx Director of Property Real Estate Division City and County of San Francisco 00 Xxx Xxxx Xxxxxx, Suite 400 San Francisco, California 94102 RE: Acknowledgement of Commencement Date, Lease Between (Landlord), and the CITY AND COUNTY OF SAN FRANCISCO (Tenant), for premises known as located at Dear Xx. Except as expressly provided to Xxxxxx: This letter will confirm that for all purposes of the contrary in this Lease, all costs and expenses which, pursuant to this Lease the Commencement Date (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord as defined in accordance with the terms Section 3.2 of the bills rendered Lease) is , 20 . Please acknowledge your acceptance of this letter by Landlord to Tenant.signing and returning a copy of this letter. Very truly yours, Accepted and Agreed: By: Xxxx Xxxxxx Director of Property Dated: By:_ Title: EXHIBIT C Schedule of Annual Base Rent Adjustments Lease Yr Period Monthly Base Rent Annual Base Rent 1 $104,687.50 $1,256,250.00 2 $107,828.12 $1,293,937.40 3 $111,062.95 $1,332,755.40 4 $114,394.83 $1,372,737.90 5 $117,826.66 $1,413,919.90 6 $121,361.44 $1,456,337.20 7 $125,002.27 $1,500,027.20 8 $128,752.32 $1,545,027.80 9 $132,614.87 $1,591,378.40 10 $136,593.30 $1,639,119.60 11 $140,691.09 $1,688,293.00 12 $144,911.81 $1,738,941.80 EXHIBIT D EXCLUSIONS FROM OPERATING COSTS

Landlord’s Right to Cure. If an Event Tenant defaults in the performance of Default has occurred and is continuingany of its obligations under this Lease, Landlord, without thereby waiving such Event of Defaultdefault, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafter, and without notice. , in the case of emergency or in case the matter giving rise to such Event of Default default (A) materially interferes with the use by any other tenant of any space in the BuildingsBuilding, (B) materially interferes with the efficient operation of the BuildingsBuilding, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, and (ii) in any other case if such Event of Default default continues after more than 10 days from the date Landlord gives notice of Landlord’s 's intention so to perform the defaulted obligation. All costs and expenses incurred by Landlord in connection with any such performance by it for the account of Tenant and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to the Premises, shall be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms of the bills rendered by Landlord to Tenant.

Landlord’s Right to Cure. 10.1 In the event of breach, default, or noncompliance hereunder by Landlord, Tenant shall, before exercising any right or remedy available to it, give Landlord written notice of the claimed breach, or noncompliance. If prior to its giving such notice Tenant has been notified in writing by way of Notice of Assignment of Rents and Leases, or otherwise to the address of a lender which has furnished financing that is secured by a mortgage or deed of Trust on the Demised Premises concurrently with giving the aforesaid notice to Landlord, Tenant shall, by Certified Mail, transmit a copy thereof to such lender. For the thirty (30) days following such notice (or such longer period of time as may be reasonably required to cure a matter which, due to its nature, cannot reasonable be remedied within thirty (30) days), Landlord shall have the right to cure the breach, default or noncompliance involved. If Landlord has failed to cure a Default within said period, any such lender shall have an Event of Default additional thirty (30) days within which to cure the same or, if such default cannot be cured within that period, such additional time as may be necessary if within such thirty (30) day period said lender has occurred commenced and is continuingdiligently pursuing the actions or remedies necessary to cure the breach, LandlordDefault or noncompliance involved (including, without thereby waiving but not limited to, commencement and prosecution of proceedings to foreclose or otherwise exercise its rights under its mortgage or other security instrument if necessary to effect such Event cure, in which event this Lease shall not be terminated by Tenant so long as such actions or remedies are being diligently pursued by said lender.) 10.2 Anything in this Lease to the contrary notwithstanding, Tenant agrees that it shall look solely to the estate and property of DefaultLandlord in the land and buildings comprising the Demised Premises and subject to prior rights of any mortgagee of the Demised Premises or any part there of, may perform such obligation for the account and at collection of any judgment (or other judicial process) requiring the expense payment of Tenant: (i) immediately money by Landlord in the event of any default or at breach by Landlord with respect to any time thereafterterms, covenants, and without notice. in the case conditions of emergency or in case the matter giving rise this Lease to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained be observed and/or performed by Landlord, and (ii) in any no other case if such Event assets of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so shall be subject to perform the defaulted obligation. All costs and expenses incurred by Landlord in connection with any such performance by it levy, execution or other procedures for the account satisfaction of Tenant's remedies. ARTICLE 11 - FIXTURES 11.1 All fixtures installed by Tenant and all costs and expensesshall be new of completely reconditioned. Tenant shall not make or cause to be made any alternations, including reasonable counsel fees and disbursementsadditions or improvements, incurred by Landlord in or install or cause to be installed any action fixtures, shades or proceeding (including awnings, or make any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or changes to the Premises, Demised Premises without first obtaining Landlord's written approval. Tenant shall be paid by Tenant present to the Landlord on demand, with interest thereon two (2) sets of plans and specifications for such work at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms of the bills rendered by Landlord to Tenanttime approval is sought.

Landlord’s Right to Cure. If an Event of Default has occurred Tenant shall fail or neglect to do or perform any covenant or condition required under this Lease and is continuingsuch failure shall not be cured within any applicable grace period after written notice by Landlord to Tenant, LandlordLandlord may, without thereby waiving on five (5) additional days notice to Tenant, but shall not be required to, make any payment payable by Tenant hereunder, discharge any lien, take out, pay for and maintain any insurance required hereunder, or do or perform or cause to be done or performed any such Event of Defaultother act or thing (entering upon the Premises for such purposes, may perform such obligation for the account and at the expense of Tenant: (i) immediately or at any time thereafterif Landlord shall so elect), and without notice. in the case of emergency Landlord shall not be or be held liable or in case any way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to Tenant on account thereof. Tenant shall repay to Landlord within twenty (20) days after demand the matter giving rise to such Event of Default (A) materially interferes with the use by any other tenant of any space in the Buildings, (B) materially interferes with the efficient operation of the Buildings, (C) will result in a violation of any Requirement, (D) will result in a default under any Mortgage or Superior Lease, or (E) will result in a cancellation of any insurance policy maintained by Landlord, entire out-of-pocket cost and (ii) in any other case if such Event of Default continues after 10 days from the date Landlord gives notice of Landlord’s intention so to perform the defaulted obligation. All costs and expenses expense reasonably incurred by Landlord in connection with any such performance by it for the account cure, including, without limitation, compensation to the agents, consultants and contractors of Tenant Landlord and all costs reasonable attorneys’ fees and expenses, including . Landlord may act upon shorter notice or no notice at all if necessary in Landlord’s reasonable counsel fees and disbursements, incurred by Landlord in any action judgment to meet an emergency situation or proceeding (including any summary dispossess proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in governmental or municipal time limitation or to protect Landlord’s interest in the Premises, . Landlord shall not be required to inquire into the correctness of the amount of validity or any tax or lien that may be paid by Tenant to Landlord on demand, with interest thereon at the Interest Rate from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord and payable Landlord shall be duly protected in paying the amount of any such tax or lien claimed and in such event Landlord also shall have the full authority, in Landlord’s sole judgment and discretion and without prior notice to Landlord or approval by Tenant, and all charges, amounts and sums payable to settle or compromise any such lien or tax. Any act or thing done by Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to the provisions of this Lease Section shall not be or at the request and for the account be construed as a waiver of any such failure by Tenant, are providedor as a waiver of any term, furnished covenant, agreement or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the terms condition herein contained or of the bills rendered by Landlord to Tenantperformance thereof.