Common use of Re-entry Clause in Contracts

Re-entry. In the event that the Tenant shall be in default of any of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to the Tenant), the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunder.

Re-entry. In Proviso for re-entry by the event Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial Tenancies Act of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be in default of any of its covenants hereunder including the covenant calculated and paid monthly. No such re-entry or taking possession of the Tenant Leased Premises by the Landlord shall be construed as an election on its part to pay rent or additional rent (after 5 business days prior terminate this Lease unless a written notice from the Landlord delivered of such intention is given to the Tenant). Notwithstanding any such reletting without termination, the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said time thereafter elect to terminate this Lease shall thereupon terminate or itself take steps and do to or cause to be done for such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages sufferedprevious breach. Provided further that in the event that Should the Landlord shall be entitled toat any time terminate this Lease for any breach, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to any remedies it may have, it may recover from the Tenant all other rights hereby reserved to itdamages it has incurred or may incur by reason of such breach, including the Landlord shall have cost of recovering the right to re-enter Leased Premises, reasonable solicitor’s fees, and including the Demised Premises as worth at the agent time of such termination of the Tenant either by force or otherwise without being liable for any prosecution thereforexcess, and to re-let the whole or any portion if any, of the Demised Premises amount of rent and charges equivalent to the rent reserved in this Lease for any period equal to or greater or less than the remainder of the stated Term over the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises reasonable rental value as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to by the Landlord for the deficiencyremainder of the stated Term, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder all of which amounts shall in any way release be immediately due and payable from the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderLandlord.

Re-entry. In the event that the Tenant shall be in default of Landlord or Landlord's agents and employees may immediately or at any of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to the Tenant), the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or any part thereof, peaceably but using such reasonable force as may be required, and without judicial process, or by any suitable action or proceeding at law, and may repossess the Premises, and may remove any persons, fixtures or chattels therefrom, to the end that Landlord may have, hold and enjoy the Premises. In the event of any such retaking of possession of Premises by Landlord, Tenant shall remove all personal property located thereon and upon failure to do so upon demand of Landlord, Landlord may in addition to any Tenant which other remedies allowed by law, remove and store the same in any place selected by Landlord, in including but not limited to a public warehouse, at the exercise expense and risk of reasonable discretionTenant. If Tenant shall fail to pay all sums due hereunder together with the cost of storing any such property within thirty (30) days after it has been stored, Landlord may sell any or all of such property at public or private sale and shall deem apply the proceeds of such sale first, to be objectionable and the cost of such sale; second, to apply any rent derived from so re-letting the Demised Premises upon account payment of the rent charges and expenses for reentry, removal and storage; third, to the payment of any other sums of money that may be due hereunder, from Tenant to Landlord under the terms of this Lease; and the Tenant shall remain liable to the Landlord for the deficiencybalance, if any, it being the intention hereof to Tenant. Tenant hereby waives all claims for damages that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized caused by Landlord's re-entering and taking possession of Premises or removing and storing or selling the property of Tenant as herein provided, and will indemnify, defend and save Landlord by harmless from loss, costs or damages to Tenant occasioned thereby, and no such re-letting entry shall be considered or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event construed to be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a reforcible entry. RE-letting of the Demised Premises in excess of the rent reserved hereunderENTRY OR TAKING POSSESSION OF SAID PREMISES BY LANDLORD SHALL NOT BE CONSTRUED AS AN ELECTION ON ITS PART TO TERMINATE THIS LEASE UNLESS A WRITTEN NOTICE OF SUCH INTENTION IS GIVEN TO TENANT.

Re-entry. In Proviso for re-entry by the event Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be in default of any of its covenants hereunder including the covenant calculated and paid monthly. No such re-entry or taking possession of the Tenant Leased Premises by the Landlord shall be construed as an election on its part to pay rent or additional rent (after 5 business days prior terminate this Lease unless a written notice from the Landlord delivered of such intention is given to the Tenant). Notwithstanding any such reletting without termination, the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said time thereafter elect to terminate this Lease shall thereupon terminate or itself take steps and do to or cause to be done for such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages sufferedprevious breach. Provided further that in the event that Should the Landlord shall be entitled toat any time terminate this Lease for any breach, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to any remedies it may have, it may recover from the Tenant all other rights hereby reserved to itdamages it has incurred or may incur by reason of such breach, including the Landlord shall have cost of recovering the right to re-enter Leased Premises, reasonable solicitor’s fees, and including the Demised Premises as worth at the agent time of such termination of the Tenant either by force or otherwise without being liable for any prosecution thereforexcess, and to re-let the whole or any portion if any, of the Demised Premises amount of rent and charges equivalent to the rent reserved in this Lease for any period equal to or greater or less than the remainder of the stated Term over the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises reasonable rental value as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to by the Landlord for the deficiencyremainder of the stated Term, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder all of which amounts shall in any way release be immediately due and payable from the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderLandlord.

Re-entry. In If Landlord re-enters the event that the Premises as a result of abandonment or a Default by Tenant: (A) Tenant shall be in default liable for damages to Landlord for all loss sustained, including, without limitation, the balance of the Rent and Additional Rent due for the remainder of the Term, court costs and reasonable attorneys’ fees; (B) Tenant’s personal property and the personal property of any guest, invitee, licensee or occupant may be removed from the Premises and left on the street or alley or, at Landlord’s option, it may be removed and stored or disposed of its covenants hereunder including at Landlord’s sole discretion. Any expense related to storage of Tenant’s personal property is the covenant sole responsibility of Tenant. Landlord shall not be deemed a bailee of the removed property, and Landlord shall not be held liable for either civil or criminal action as a result of the removal. Tenant shall indemnify Landlord for any expense in defending against any claim by Tenant or third-party and for any legal expense, cost, fine or judgment awarded to pay rent or additional rent any third-party as a result of Landlord’s actions pursuant to this Section of the Lease; (after 5 business days prior written notice from the Landlord delivered to the Tenant), the C) Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or attempt to re-let the same as agent of the Tenant and claim against the Tenant Premises for damages suffered. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable under such terms as rent in accordance with Landlord believes appropriate; (D) Landlord may enter the provision hereof Premises, clean and make repairs and charge Tenant accordingly; (E) Any money that Landlord receives from Tenant shall continue be applied first to accrue and be payable until such time as the Landlord is able to re-let the premisesRent, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent Additional Rent, and other monies payable as rent or otherwise under this Lease. Provided further that in addition to payments due; and (F) Tenant will surrender all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent keys and peacefully surrender and deliver up possession of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunder.

Re-entry. In To the event that the Tenant shall be in default of greatest extent allowed by applicable law, Landlord or Landlord’s agents and employees may immediately or at any of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to the Tenant), the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or any part thereof, peaceably but using such reasonable force as may be required, and without judicial process, or by any suitable action or proceeding at law, and may repossess the Premises, and may remove any persons, fixtures or chattels therefrom, to the end that Landlord may have, hold and enjoy the Premises. In the event of any such retaking of possession of Premises by Landlord, Tenant shall remove all personal property located thereon and upon failure to do so upon demand of Landlord, Landlord may in addition to any Tenant which other remedies allowed by law, remove and store the same in any place selected by Landlord, in including but not limited to a public warehouse, at the exercise expense and risk of reasonable discretionTenant. If Tenant shall fail to pay all sums due hereunder together with the cost of storing any such property within thirty (30) days after it has been stored, Landlord may sell any or all of such property at public or private sale and shall deem apply the proceeds of such sale first, to be objectionable and the cost of such sale; second, to apply any rent derived from so re-letting the Demised Premises upon account payment of the rent charges and expenses for reentry, removal and storage; third, to the payment of any other sums of money that may be due hereunder, from Tenant to Landlord under the terms of this Lease; and the Tenant shall remain liable to the Landlord for the deficiencybalance, if any, it being the intention hereof to Tenant. Tenant hereby waives all claims for damages that nothing herein contained an no entry made may be caused by the Landlord hereunder shall in any way release the Tenant from the payment Landlord’s re-entering and taking possession of the rent hereby reserved during Premises or removing and storing or selling the term hereof beyond such sum property of Tenant as may be realized by the herein provided, and will indemnify, defend and save Landlord by harmless from loss, costs or damages to Tenant occasioned thereby, and no such re-letting entry shall be considered or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event construed to be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a reforcible entry. RE-letting of the Demised Premises in excess of the rent reserved hereunderENTRY OR TAKING POSSESSION OF SAID PREMISES BY LANDLORD SHALL NOT BE CONSTRUED AS AN ELECTION ON ITS PART TO TERMINATE THIS LEASE UNLESS A WRITTEN NOTICE OF SUCH INTENTION IS GIVEN TO TENANT.

Re-entry. In To the event that the Tenant shall be in default of greatest extent allowed by applicable law, Landlord or Landlord’s agents and employees may immediately or at any of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to the Tenant), the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or any part thereof, peaceably but using such reasonable force as may be required, and without judicial process, or by any suitable action or proceeding at law, and may repossess the Premises, and may remove any persons, fixtures or chattels therefrom, to the end that Landlord may have, hold and enjoy the Premises. Any judicial action for the eviction of Tenant shall be governed by the process set forth in the Forcible Entry and Wrongful Detainer statutes set forth in ORS 105.105 et seq., or any successor statute, as the same may be amended, notwithstanding that all or part of any such statute may not otherwise apply to nonresidential space. In the event of any such retaking of possession of Premises by Landlord, Tenant shall remove all personal property located thereon and upon failure to do so upon demand of Landlord, Landlord may in addition to any Tenant which other remedies allowed by law, remove and store the same in any place selected by Landlord, in including but not limited to a public warehouse, at the exercise expense and risk of reasonable discretionTenant. If Tenant shall fail to pay all sums due hereunder together with the cost of storing any such property within thirty (30) days after it has been stored, Landlord may sell any or all of such property at public or private sale and shall deem apply the proceeds of such sale first, to be objectionable and the cost of such sale; second, to apply any rent derived from so re-letting the Demised Premises upon account payment of the rent charges and expenses for reentry, removal and storage; third, to the payment of any other sums of money that may be due hereunder, from Tenant to Landlord under the terms of this Lease; and the Tenant shall remain liable to the Landlord for the deficiencybalance, if any, it being the intention hereof to Tenant. Tenant hereby waives all claims for damages that nothing herein contained an no entry made may be caused by the Landlord hereunder shall in any way release the Tenant from the payment Landlord’s re-entering and taking possession of the rent hereby reserved during Premises or removing and storing or selling the term hereof beyond such sum property of Tenant as may be realized by the herein provided and in accordance with applicable law, and will indemnify, defend and save Landlord by harmless from loss, costs or damages to Tenant occasioned thereby, and no such re-letting entry shall be considered or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event construed to be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a reforcible entry. RE-letting of the Demised Premises in excess of the rent reserved hereunderENTRY OR TAKING POSSESSION OF SAID PREMISES BY LANDLORD SHALL NOT BE CONSTRUED AS AN ELECTION ON ITS PART TO TERMINATE THIS LEASE UNLESS A WRITTEN NOTICE OF SUCH INTENTION IS GIVEN TO TENANT.

Re-entry. In If the event that Rent hereby reserved, or any part thereof, shall be in arrears or if the Tenant shall be default in default the observance or performance of any of its the Tenant's other covenants hereunder including the covenant of or agreements contained in this Lease, and the Tenant fails to pay rent such arrears within sixty (60) days of receipt of notice in writing from the Landlord or additional rent if the Tenant fails to remedy the non-rental default within sixty (60) days after 5 business days prior written receipt of notice from the Landlord delivered (or such longer period as is reasonably required under the circumstances so long as the Tenant commences to the Tenantremedy within such sixty (60) day period), the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have againmay, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all any other rights hereby reserved to it, remedies the Landlord shall have the right to may have, either in this Lease or at law, re-enter the Demised Premises as and the agent of Term hereby granted shall thereupon be terminated. Notwithstanding the Tenant either by force or otherwise without being liable for any prosecution thereforforegoing, and to re-let without limiting the whole or any portion remedies of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise event the Tenant fails to remedy a non- rental default within the above-specified notice period, and provided the Tenant is not bona fide disputing the non-rental default, upon the expiration of reasonable discretionthe above-specified notice period the Landlord, shall deem at its option, acting reasonably, may remedy the non-rental default on behalf of the Tenant and charge the costs thereof to the Tenant. Notwithstanding any other provision of this Lease, the Landlord may from time to time resort to any or all of the rights and remedies available to it in the event of any uncured default hereunder by the Tenant, either by any provision of this Lease, by statute or common law, all of which rights and remedies are intended to be objectionable cumulative and not alternative. The express provisions contained in this Lease as to apply certain rights and remedies are not to be interpreted as excluding any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, other or additional rights and the Tenant shall remain liable remedies available to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting statute or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereundercommon law.

Re-entry. In the event that the Tenant shall be in default of any Default by Tenant, Landlord shall also have the right, with or without terminating this Lease, in compliance with applicable law, to re-enter the Premises and remove all persons and property from the Premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of its covenants hereunder including and for the covenant account of Tenant. Reletting. In the event of the abandonment of the Premises by Tenant or in the event that Landlord shall elect to pay rent re-enter as provided in Paragraph 26(c) or additional rent shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in ▇▇▇▇▇▇▇▇▇ ▇▇(after 5 business days prior written notice from the Landlord delivered to the Tenant▇), ▇▇▇▇▇▇▇▇ may from time to time, without terminating this Lease, relet the Landlord may at is option either enter into and upon the Demised Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord's sole discretion. In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the name following order: (i) to reasonable attorneys' fees incurred by Landlord as a result of the whole a Default and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that costs in the event that suit is filed by Landlord to enforce such remedies; (ii) to the Landlord shall be entitled to, and shall elect payment of any indebtedness other than Rent due hereunder from Tenant to make a re-entry as hereinbefore provided for, Landlord; (iii) to the payment of any re-entry or other action so taken shall not be deemed costs of such reletting; (iv) to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent payment of the Tenant either by force or otherwise without being liable for costs of any prosecution therefor, alterations and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious repairs to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable ; (v) to the Landlord for payment of Rent due and unpaid hereunder; and (vi) the deficiencyresidue, if any, it being shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the intention hereof same may become due and payable hereunder. Should that nothing herein contained an no entry made by the Landlord hereunder shall in portion of such rentals received from such reletting during any way release the Tenant from month, which is applied to the payment of Rent hereunder, be less than the rent hereby reserved Rent payable during the term hereof beyond month by Tenant hereunder, then Tenant shall pay such sum deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as may be realized soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the Landlord by rentals received from such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderreletting.

Re-entry. In the event that the 8.1.1 The Tenant shall will be in default under the Lease if, during the Term: (a) the Tenant fails to pay the Gross Rent or any other sum payable under the Lease within seven (7) days after the due date (whether or not formally demanded);. or (b) the Tenant fails to comply with its obligations under the Lease (other than payment of Gross Rent and any other sum payable under the Lease) and (where the breach is capable of its covenants hereunder including remedy) fails to make good the covenant default within fourteen (14) days (or any other period stipulated by the Landlord) of the Tenant Landlord’s notice ; or (c) any distress or execution is levied on the Tenant’s property and is not discharged within seven (7) days; or (d) an event of insolvency occurs or is likely to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered occur in relation to the Tenant). 8.1.2 In any of the above events, the Landlord may at is option either re-enter into and upon take possession of the Demised Premises (or any part thereof in of it) at any time (even if any previous right of re-entry has been waived) and to repossess the name Premises and the Term and the Lease shall absolutely cease and determine. 8.1.3 The exercise of the whole and have again, repossess and enjoy the same as Landlord of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to right of re-let the same as agent entry will not affect any rights of the Tenant and claim Landlord against the Tenant for damages suffered. Provided further that (including rights in respect of the event that default under which the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided foris made). 8.1.4 The Tenant must indemnify the Landlord from and against all cost, any re-entry or other action so taken shall not be deemed to relieve loss, damages and expenses (including, without limitation, Gross Rent for the Rent Free Period and loss of Gross Rent which would have been payable by the Tenant of its obligation to pay rent if the Term had been completed and other monies payable as rent hereunder all costs and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable expenses incurred for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or attempted re-letting of the Premises), suffered by the proceeds Landlord as a result of any distress made by the Landlord exercising its right of re-entry. This indemnity will not affect the other rights and remedies of the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunder.

Re-entry. In the event that When: (a) the Tenant shall be fails to pay when due any Rent, and fails to correct such non-payment within five (5) days after receipt of the Landlord’s written notice; whether lawfully demanded or not; (b) the Tenant is in default of any of its covenants hereunder including covenants, obligations or agreements under this Lease (other than its covenant to pay Rent) and such default has continued for a period of ten (10) consecutive days (or such shorter period set out in the covenant Landlord's notice as may be reasonable in the circumstances) after written notice by the Landlord to the Tenant specifying with [*****] Confidential Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to this omitted information. reasonable particularity the nature of such default and requiring the same to be remedied, or, if by reason of the nature thereof, such default cannot be cured by the payment of money and cannot with due diligence be wholly cured within such ten (10) day period, if the Tenant has failed to proceed promptly to cure the same or has thereafter failed to prosecute the curing of such failure with due diligence; (c) an execution issues against any property of the Tenant or any guarantor or indemnifier of this Lease and remains outstanding for more than ten (10) days, or any receiver of any property of the Tenant or any guarantor or indemnifier of this Lease is appointed, or the Tenant or any guarantor or indemnifier of this Lease becomes insolvent or makes application for relief from creditors under the provisions of any statute now or hereafter in force or, under the Bankruptcy and Insolvency Act, files a notice of intention or a proposal, makes an assignment in bankruptcy, has a receiving order made against it or otherwise becomes bankrupt, or any action, steps or proceedings whatever, are taken with a view to pay rent the winding up, dissolution or additional rent liquidation of the Tenant or any guarantor or indemnifier of this Lease, or with a view to the restructuring or compromise of any debt or other obligation of the Tenant or any guarantor or indemnifier of this Lease; (after 5 business d) any insurance policy is cancelled or not renewed by any insurer by reason of any particular use or occupation of the Premises; (e) the Premises have been abandoned, or have become vacant or have remained unoccupied for a period of five (5) consecutive days prior written notice from without the consent of the Landlord delivered to the Tenant(which consent shall not be unreasonably withheld), or the Premises have been used by any other person or persons other than the Tenant or any person permitted by Article VIII hereof; or (f) the Tenant or any company with which the Tenant is affiliated or associated (as those terms are defined in the Business Corporations Act, 1990 of Ontario, or any successor legislation thereto) is in default of any of its covenants, obligations or agreements under any lease or other written agreement between it and the Landlord (as owner or as manager) or any company with which the Landlord is affiliated or associated (as those terms are defined in the Business Corporations Act, 1990 of Ontario, or any successor legislation thereto), and such default shall have continued for such period of time that the Landlord's (or such affiliated or associated company's) remedies have become exercisable thereunder; then, and in any of such cases, the then current month's Rent together with the Rent for the three (3) months next ensuing shall immediately become due and payable, and at the option of the Landlord the Term shall become forfeited and void, and the Landlord without notice or any form of legal process whatever may at is option either enter into and upon forthwith re‑enter the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate estate, anything contained in any statute or law to the contrary notwithstanding. The Landlord may expel all persons and remove all property from the said Lease shall thereupon terminate or itself take steps Premises and do to or cause to be done such things as property may be necessary to remedy removed and correct such defaults, sold or to re-let disposed of by the same Landlord as agent it deems advisable or may be stored in a public warehouse or elsewhere at the cost and for the account of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that without the Landlord being considered guilty of trespass or conversion or becoming liable for any loss or damage which may be occasioned thereby, provided, however, that such forfeiture shall be entitled to, wholly without prejudice to the right of the Landlord to recover arrears of rent and shall elect to make a re-entry as hereinbefore provided for, damages for any re-entry or other action so taken shall not be deemed to relieve antecedent default by the Tenant of its obligation to pay rent [*****] Confidential Information has been omitted and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance filed separately with the provision hereof shall continue Securities and Exchange Commission. Confidential treatment has been requested with respect to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise this omitted information. covenants under this Lease. Provided further that Should the Landlord at any time terminate this Lease by reason of any such event, then, in addition to all any other rights hereby reserved to itremedies it may have, the Landlord shall have the right to re-enter the Demised Premises as the agent of it may recover from the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which all damages it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any incur as a result of such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereundertermination.

Re-entry. In Said Lessee will quit and deliver upon the event possession of said premises to the Lessor or L▇▇▇▇▇’s heirs, successors, agents or assigns, when this lease terminated by limitation or forfeiture, with all window glass replaced, if broken, and with all keys, locks, bolts, plumbing fixtures, elevator, sprinkler, boiler and heating appliances in as good order and condition as the same are now, or may hereafter be made by repair in compliance with all covenants of this lease, save only the wear thereof from reasonable and careful use. But it is hereby understood, and Lessee hereby covenants with the Lessor, that such forfeiture, annulment or voidance shall not relieve the Tenant shall be Lessee from the obligation of the Lessee to make the monthly payments of rent hereinbefore reserved, at the times and in the manner aforesaid; and in case of any such default of any of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to the Tenant)Lessee, the Landlord Lessor may at is option either enter into re-let the said premises as the agent for and upon the Demised Premises or any part thereof in the name of the whole Lessee, at any rental readily obtainable, applying the proceeds and have againavails thereof, repossess first, to the payment of such expense as the Lessor may be put to in re-entering, and enjoy then to the payment of said rent as the same as may from time to time become due, and toward the fulfillment of its former estate the other covenants and agreements of the Lessee herein contained, and the balances, if any, shall be paid to the Lessee; and the Lessee hereby covenants and agrees that if the Lessor shall recover or take possession of said Lease shall thereupon terminate or itself take steps premises as aforesaid, and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or unable to re-let and rent the same so as agent to realize a sum equal to the rent hereby reserved, the Lessee shall and will pay to the Lessor any and all loss of difference of rent for the residue of the Tenant and claim against term. The Lessee hereby gives to the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have Lessor the right to re-enter place and maintain its usual “for rent” signs upon the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlorddemised premises, in the exercise of reasonable discretionplace that the same are usually displayed on property similar to that herein demised, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof last thirty days of this lease. “No representation is made that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting premises are lead free or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderthese premises are legally habitable.”

Re-entry. In Upon the event that the Tenant shall be in default occurrence of any an Event of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to the Tenant)Default, the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to immediately re-enter the Demised Premises as the agent of the Tenant either Property by force summary proceedings, or otherwise by force, or otherwise, without being liable for any prosecution therefor; interrupt or cause interruption of utility services to the Property, prevent Tenant from entering the Property, take possession of the Property and remove all persons therefrom; alter all locks and other security devices on the Property without terminating this Lease; and may elect either to terminate this Lease or relet the Property as agent for Tenant or otherwise, and receive the Rent therefor, applying the same to Tenant’s obligations. Upon the re-let entering of the whole Property, Landlord may remove all or any portion part of the Demised Premises for any period equal personal property of Tenant remaining on the Property and store the same at Tenant’s expense. If said personal property remaining on the Property is not claimed by Tenant within ten (10) days after such entry, such property may, at the option of Landlord, be deemed to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactoryhave been abandoned, and for any use and purpose which it in such case, such items may deem appropriate and in connection with any such lease, the be retained by Landlord may make such changes in the character as its property or be disposed of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense. Tenant shall be obligated to return all keys and access devices to the Property to Landlord upon Landlord’s re-entering of the Property. No alteration of locks or other security devices and no removal or other exercise of reasonable discretiondominion by Landlord over the property of Tenant or others at the Property shall be deemed unauthorized or constitute a conversion, shall deem to be objectionable and to apply Tenant hereby consenting, after any rent derived from so re-letting the Demised Premises upon account Event of the rent due hereunderDefault, and the Tenant shall remain liable to the Landlord for aforesaid exercise of dominion over Tenant’s property within the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such reProperty. ALL CLAIMS FOR DAMAGES BY REASON OF SUCH RE-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderENTRY AND/OR REPOSSESSION AND/OR ALTERATIONS OF LOCKS OR OTHER SECURITY DEVICES ARE HEREBY WAIVED.

Re-entry. In the event that the Tenant shall be in default of any of its covenants hereunder including Default, Landlord shall also have the covenant of right, without demand or notice, without terminating this Lease, to re-enter the Tenant to pay rent or additional rent (after 5 business days prior written notice Premises and remove all persons and property from the Premises, either by summary proceedings or by action at law, without being deemed guilty of trespass and without prejudice to any remedies for nonpayment or late payment of any Rent or breach of any covenant. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. If Landlord delivered elects to re-enter the Tenant)Premises, the Landlord may at is option either enter into and upon the Demised Premises terminate this Lease, or from time to time, without terminating this Lease, may relet all or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same Premises as agent of the Tenant and claim against the for Tenant for damages suffered. Provided further that in such term or terms and at such rental and upon such other terms and conditions as Landlord may deem advisable, with the event that the Landlord shall be entitled to, and shall elect right to make a re-entry alterations and repairs to the Premises as hereinbefore provided forLandlord, any in Landlord's reasonable judgment, considers advisable and necessary for the purpose of reletting the Premises. No re-entry or other action so taken taking possession of the Premises by Landlord pursuant to this Section 23.3 shall not be deemed construed as an election to relieve terminate this Lease unless notice of such intention is given to Tenant or unless the Tenant termination thereof is decreed by a court of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the competent jurisdiction. If Landlord is able to terminates this Lease or re-let enters the premisesPremises pursuant to this Article 23, or otherwise deal with the same in such manner that it Tenant shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that remain liable (in addition to all other rights hereby reserved accrued liabilities) for: (i) any unpaid Rent due at the time of termination, plus interest thereon from the due date at the Prime Rate; provided, however, that if such interest is limited by law to ita lesser amount, the Landlord shall be If Landlord terminates this Lease, Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for at any prosecution therefortime, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonableat its sole option, to any require Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to Landlord on demand, as liquidated and agreed final damages in lieu of Tenant's liability hereunder: (i) the Tenant any surplus or any then present cash value of the Rent, and all other sums received which would have been payable under this Lease from the date of such demand to the date when this Lease would have expired if it had not been terminated, minus (ii) the fair market value of the Premises for the same period; provided, however, that if such damages are limited by the Landlord against the Tenant; and provided that the law to a lesser amount, Landlord shall not be entitled to prove as liquidated damages the maximum amount permitted by law. Landlord shall use commercially reasonable efforts to relet the Premises in any the event be required to pay this Lease is terminated pursuant to the provisions of this Article 23. Tenant, on its own behalf and on behalf of all persons claiming through Tenant, including, but not limited to, all creditors, does hereby waive any and all rights and privileges, so far as is permitted by law, which Tenant and all such persons might otherwise have under any surplus of any sums received by present or future law: (i) to redeem the Landlord on a re-letting of Premises; (ii) to reenter or repossess the Demised Premises in excess of the rent reserved hereunder.Premises;

Re-entry. In If Landlord re-enters the event that Premises as a result of abandonment or a Default by Tenant: (A) As provided by the Act, Tenant shall be in default liable for all actual damages incurred by Landlord for all loss sustained, including, without limitation, and Landlord will pursue any court costs and reasonable attorneys’ fees as actual damages as provided by the Act; (B) ▇▇▇▇▇▇’s personal property and the personal property of any of its covenants hereunder including the covenant of the Tenant to pay rent guest, invitee, licensee or additional rent (after 5 business days prior written notice occupant may be removed from the Landlord delivered to Premises and left on the Tenant)street or alley or, the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have againLandlord’s option, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as it may be necessary to remedy removed and correct such defaults, stored or to re-let the same as agent disposed of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a at Landlord’s sole discretion at any time following fourteen (14) days after re-entry as hereinbefore provided for, following abandonment of the premises. Any expense related to storage of Tenant’s personal property is the sole responsibility of Tenant. Landlord shall have no duty to store or preserve any re-entry property items set out of the leased premises by or other action so taken under the supervision of the Sheriff via the eviction process. Landlord shall not be deemed to relieve a bailee of the Tenant of its obligation to pay rent removed property, and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable be held liable for either civil or criminal action as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent a result of the removal. Tenant either by force or otherwise without being liable shall indemnify Landlord for any prosecution therefor, and to reexpense in defending against any claim by ▇▇▇▇▇▇ or third-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, party and for any use and purpose which it may deem appropriate and in connection with legal expense, cost, fine or judgment awarded to any such lease, third-party as a result of ▇▇▇▇▇▇▇▇’s actions pursuant to this Section of the Lease; (C) Landlord may enter the Premises, clean and make such changes in the character repairs and charge Tenant accordingly; (D) Any money that ▇▇▇▇▇▇▇▇ receives from Tenant shall be applied first to Rent, Additional Rent, and other payments due; and (E) ▇▇▇▇▇▇ agrees to surrender all keys and peacefully surrender and deliver up possession of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made otherwise pay all actual damages incurred by the Landlord hereunder shall in any way release the Tenant from the payment as a result of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required tenant’s failure to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderdo so.

Re-entry. In Termination; Reletting. To reenter the event that Premises, together with all additions, alterations and improvements, and, at the Tenant shall be in default option of Landlord, remove all persons and all or any of its covenants hereunder including property therefrom, either by summary dispossess proceedings or by any suitable action or proceeding at law or by force or otherwise, without being liable for prosecution for damages therefor, and repossess and enjoy the covenant Premises. Upon recovering possession of the Tenant Premises by reason of or based upon or arising out of a default on the part of Tenant, Landlord may, at Landlord's option, either terminate this lease or make such alterations and repairs as may be necessary in order to pay rent or additional rent (after 5 business days prior written notice from relet the Landlord delivered to Premises and relet the Tenant), the Landlord may at is option either enter into and upon the Demised Premises or any part thereof or parts thereof, either in Landlord's name or otherwise, for a term or terms which may, at Landlord's option, be less than or exceed the name period which would otherwise have constituted the balance of the whole term of this lease and have againat such rent or rents and upon such other terms and conditions as in Landlord's sole discretion may seem advisable and to such person or persons as may in Landlord's discretion seem best; upon each such reletting all rents received by Landlord from such reletting shall be applied: first, repossess to the payment of any costs and enjoy expenses of such reletting, including brokerage fees and attorney's fees and all costs of such alterations and repairs; second, to the same as payment of its former estate any indebtedness other than rent due hereunder from Tenant to Landlord; third, to the payment of rent due and unpaid hereunder; and the said Lease residue, if any, shall thereupon terminate or itself take steps be held by Landlord and do to or cause applied in payment of future rent as it may become due and payable hereunder. If such rentals received from such reletting during any month shall be less than that to be done paid during that month by Tenant, Tenant shall pay any such things as may deficiency to Landlord. Such deficiency shall be necessary to remedy calculated and correct paid monthly. No such defaults, reentry or to re-let the same as agent taking possession of the Tenant and claim against Premises or the Tenant making of alterations or improvements thereto or the reletting thereof shall be construed as an election on the part of Landlord to terminate this lease unless written notice of such intention be given to Tenant. Landlord shall in no event be liable in any way whatsoever for damages suffered. Provided further that failure to relet the Premises or, in the event that the Premises or any part or parts thereof are relet, for failure to collect the rent thereof under such reletting. Tenant, for Tenant and Tenant's successors and assigns, hereby irrevocably constitutes and appoints Landlord shall be entitled to, as Tenant's and shall elect their agent to make a re-entry as hereinbefore provided for, collect the rents due and to become due under all subleases of the Premises or any re-entry or other action so taken shall not be deemed to relieve the Tenant of its parts thereof without in any way affecting Tenant's obligation to pay any unpaid balance of rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue due or to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Leasebecome due hereunder. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with Notwithstanding any such leasereletting without termination, the Landlord landlord may make at any time thereafter elect to terminate this lease for such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderprevious breach.

Re-entry. In the event that the Tenant shall be in default of any of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to the Tenant)Default, the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled toalso have the right, and shall elect to make a re-entry as hereinbefore provided forwithout demand or notice, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under without terminating this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as and remove all persons and property from the agent of the Tenant Premises, either by force summary proceedings or otherwise by action at law, without being liable deemed guilty of trespass and without prejudice to any remedies for nonpayment or late payment of any prosecution therefor, Rent or breach of any covenant. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. If Landlord elects to re-let enter the whole Premises, Landlord may terminate this Lease, or from time to time, without terminating this Lease, may relet all or any portion part of the Demised Premises as agent for any period equal to Tenant for such 12 term or greater or less than the remainder of the then current term of the Tenant terms and to receive the rent therefor, said rent to be any sum which it at such rental and upon such other terms and conditions as Landlord may deem reasonableadvisable, with the right to any Tenant which it may deem suitable make alterations and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, repairs to the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in Landlord's reasonable judgment, considers advisable and necessary for the exercise purpose of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so reletting the Premises. No re-letting the Demised Premises upon account entry or taking possession of the rent due hereunderPremises by Landlord pursuant to this Section 23.3 shall be construed as an election to terminate this Lease unless notice of such intention is given to Tenant or unless the termination thereof is decreed by a court of competent jurisdiction. If Landlord terminates this Lease or re-enters the Premises pursuant to this Article 23, and the Tenant shall remain liable (in addition to accrued liabilities) for: (i) any unpaid Rent due at the time of termination, plus interest thereon from the due date at the Prime Rate; provided, however, that if such interest is limited by law to a lesser amount, Landlord shall be entitled to the maximum amount of interest permitted by law, (ii) subject to clause (v) of this paragraph, Rent until the date this Lease would have expired had such termination not occurred; (iii) any and all reasonable expenses (including all reasonable attorneys' fees, costs and brokerage fees) incurred by Landlord for in re-entering and repossessing the deficiencyPremises, if anyin making good any Default by Tenant, it being in protecting and preserving the intention hereof that nothing herein contained an no entry made Premises by use of watchmen and caretakers and in reletting the Landlord hereunder shall in any way release Premises (subject to the Tenant from the payment provisions of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; immediately preceding paragraph and provided that the Landlord Tenant shall not in be liable for any event be required expenses incurred by Landlord with respect to alterations which are not consistent with the use of the Premises as an athletic club and/or a use(s) complementary to an athletic club); and (iv) any other amount reasonably necessary to compensate Landlord for any other detriment actually caused Landlord by Tenant's failure to perform its obligations under this Lease, less (v) the net proceeds received by Landlord from any reletting prior to the date this Lease would have expired if it had not been terminated. Tenant agrees to pay to Landlord the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunder.amount so owed above for each month during the

Re-entry. In To the event that the Tenant shall be in default of greatest extent allowed by applicable law, Landlord or Landlord’s agents and employees may immediately or at any of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to the Tenant), the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or any part thereof, peaceably but using such reasonable force as may be required, and without judicial process, or by any suitable action or proceeding at law, and may repossess the Premises, and may remove any persons, fixtures or chattels therefrom, to the end that Landlord may have, hold and enjoy the Premises. In the event of any such retaking of possession of Premises by Landlord, Tenant shall remove all personal property located thereon and upon failure to do so upon demand of Landlord, Landlord may in addition to any Tenant which other remedies allowed by law, remove and store the same in any place selected by Landlord, in including but not limited to a public warehouse, at the exercise expense and risk of reasonable discretionTenant. If Tenant shall fail to pay all sums due hereunder together with the cost of storing any such property within thirty (30) days after it has been stored, Landlord may sell any or all of such property at public or private sale and shall deem apply the proceeds of such sale first, to be objectionable and the cost of such sale; second, to apply any rent derived from so re-letting the Demised Premises upon account payment of the rent charges and expenses for reentry, removal and storage; third, to the payment of any other sums of money that may be due hereunder, from Tenant to Landlord under the terms of this Lease; and the Tenant shall remain liable to the Landlord for the deficiencybalance, if any, it being the intention hereof to Tenant. Tenant hereby waives all claims for damages that nothing herein contained an no entry made may be caused by the Landlord hereunder shall in any way release the Tenant from the payment Landlord’s re-entering and taking possession of the rent hereby reserved during Premises or removing and storing or selling the term hereof beyond property of Tenant as herein provided, and will indemnity, defend and save Landlord harmless from loss, costs or damages to Tenant occasioned thereby, and no such sum as may reentry shall be realized by the Landlord by such reconsidered or construed to be a forcible entry. RE-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderENTRY OR TAKING POSSESSION OF SAID PREMISES BY LANDLORD SHALL NOT BE CONSTRUED AS AN ELECTION ON ITS PART TO TERMINATE THIS LEASE UNLESS A WRITTEN NOTICE OF SUCH INTENTION IS GIVEN TO TENANT.

Re-entry. In the event that the Tenant of any re-entry and/or dispossession by summary proceedings or otherwise without termination of this Lease: IX.6.1 all Rent shall become due and shall be in default of any of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered paid up to the Tenant)time of such re-entry and/or dispossession, the together with such expenses, including attorneys' fees, as Landlord shall incur in connection with such re-entry and/or dispossession by summary proceedings or otherwise; and IX.6.2 Landlord may at is option either enter into and upon the Demised Premises relet all or any part thereof of the Premises, either in the name of the whole and have againLandlord or otherwise, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate for a term or itself take steps and do to or cause to terms which may, at Landlord's option, be done such things as may be necessary to remedy and correct such defaultsequal to, less than, or to re-let greater than the same as agent period which would otherwise have constituted the balance of the Term. IX.6.3 In connection with such reletting: IX.6.1.1 Tenant shall pay, as Additional Rent, to Landlord, as they are incurred by Landlord, such reasonable expenses as Landlord may incur in connection with reletting, including, without limitation, legal expenses, attorneys' fees, brokerage commissions, and claim against expenses incurred in altering, repairing, and putting the Premises in good order and condition and in preparing the Premises for reletting; IX.6.1.2 Tenant shall pay to Landlord, in monthly installments on the due dates for damages suffered. Provided further that Rent payments for each month of the balance of the Term, the amount by which any Rent payment exceeds the net amount, if any, of the rents for such period collected on account of the reletting of the Premises; any suit brought to collect such amount for any month or months shall not prejudice in any way the event that rights of Landlord to collect the deficiency for any subsequent month or months by a similar action or proceeding; IX.6.1.3 at Landlord's option exercised at any time, Landlord shall be entitled toto recover immediately from Tenant, in addition to any other proper claims, but in lieu of and not in addition to any amount which would thereafter become payable under the preceding subsection, a sum equal to the amount by which the sum of the Rent for the balance of the Lease Term, compound discounted at a reasonable rate selected by Landlord to its then-present worth, exceeds the net rental value of the Premises, compound discounted at the same annual rate to its then-present worth, for the balance of the Lease Term. In determining such net rental value of the Premises, the rent realized by any reletting of the Premises, if such reletting is upon terms (other than rental amounts) generally comparable to the terms of this Lease, shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and be such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premisesnet rental value; and IX.6.1.4 at Landlord's option, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes reasonable alterations and/or decorations in or upon the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretionLandlord's sole judgment, shall deem to be objectionable considers advisable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord necessary for the deficiency, if any, it being purpose of reletting the intention hereof that nothing herein contained an no entry made by Premises; the Landlord hereunder making of such alterations and/or decorations shall in any way not operate or be construed to release the Tenant from liability under this Section; the payment cost of the rent hereby reserved during the term hereof beyond all such sum reasonable alterations and/or decorations shall be paid by Tenant to Landlord as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderAdditional Rent.

Re-entry. In the event that the Tenant shall be in default If an Event of any of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to the Tenant)Default exists, the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the then Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall also have the right and is authorized, with or without terminating this Lease, and with or without notice, to the extent permitted by applicable law, to re-enter the Demised Premises, change or pick the locks, access codes, or other access control devices to the Premises as or the agent of the Tenant either by force or otherwise without being liable for any prosecution thereforBuilding, and to take any self-help measures or judicial action to remove and exclude Tenant and other occupants from the Premises, without liability for any resulting Damages. Landlord also is entitled to use the measures in the preceding sentence to remove all property from the Premises, which then may be stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. If Landlord re-let enters the whole Premises or any portion terminates this Lease pursuant to this Section 28.d, then Tenant waives all claims for Damages that may be caused by that re-entry or termination by Landlord. Neither the re-entry or taking possession of the Demised Premises by Landlord pursuant to this Section 28.d, nor the service by Landlord of any notice pursuant to the forcible entry and detainer statutes of the State of Texas and the surrender of the Premises pursuant to that notice, shall be construed as an election to terminate this Lease unless a written notice of Landlord's intention to terminate the Lease is given to Tenant or unless the termination of the Lease is decreed by a court of competent jurisdiction, and Tenant's obligations shall remain in effect for any period equal to or greater or less than the remainder of the then current term Term. To the extent of any inconsistency or conflict between this Lease and the provisions of Section 93.002 of the Tenant Texas Property Code (as amended, supplemented, modified, recodified, and/or replaced on one or more occasions, the "TPC"), it is the agreement of the parties that this Lease shall supersede Section 93.002. Landlord may take these actions without being deemed in any manner guilty of trespass, eviction, or forcible entry or detainer and to receive without inclining any liability for damage resulting from these actions, including, without limitation, any liability arising under Chapter 93 of the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactoryTPC, and without relinquishing Landlord's fight to collect Rent, or any other right given to Landlord under this Lease or by operation of law. Tenant waives any and all rights to claim Damages for Landlord's re-entry and expulsion pursuant to this Lease, including any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character rights granted to Tenant by Chapter 93 of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderTPC.

Re-entry. In the event that the 8.1.1 The Tenant shall will be in default under the Lease if, during the Term: (a) the Tenant fails to pay the Gross Rent or any other sum payable under the Lease within seven (7) days after the due date (whether or not formally demanded); or (b) the Tenant fails to comply with its obligations under the Lease (other than payment of Gross Rent and any other sum payable under the Lease) and (where the breach is capable of its covenants hereunder including remedy) fails to make good the covenant default within fourteen (14) days (or any other period stipulated by the Landlord) of the Tenant Landlord’s notice ; or (c) any distress or execution is levied on the Tenant’s property and is not discharged within seven (7) days; or (d) an event of insolvency occurs or is likely to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered occur in relation to the Tenant). 8.1.2 In any of the above events, the Landlord may at is option either re-enter into and upon take possession of the Demised Premises (or any part thereof in of it) at any time (even if any previous right of re-entry has been waived) and to re­possess the name Premises and the Term and the Lease shall absolutely cease and determine. 8.1.3 The exercise of the whole and have again, repossess and enjoy the same as Landlord of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to right of re-let the same as agent entry will not affect any rights of the Tenant and claim Landlord against the Tenant for damages suffered. Provided further that (including rights in respect of the event that default under which the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided foris made). 8.1.4 The Tenant must indemnify the Landlord from and against all cost, any re-entry or other action so taken shall not be deemed to relieve loss, damages and expenses (including, without limitation, Gross Rent for the Rent Free Period and loss of Gross Rent which would have been payable by the Tenant of its obligation to pay rent if the Term had been completed and other monies payable as rent hereunder all costs and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable expenses incurred for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or attempted re-letting of the Premises), suffered by the proceeds Landlord as a result of any distress made by the Landlord exercising its right of re-entry. This indemnity will not affect the other rights and remedies of the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunder.

Re-entry. In the event that the Tenant shall be in default of any of its covenants hereunder including Default, Landlord shall also have the covenant of right, without demand or notice, without terminating this Lease, to re-enter the Tenant to pay rent or additional rent (after 5 business days prior written notice Premises and remove all persons and property from the Premises, either by summary proceedings or by action at law, without being deemed guilty of trespass and without prejudice to any remedies for nonpayment or late payment of any Rent or breach of any covenant. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. If Landlord delivered elects to re-enter the Tenant)Premises, the Landlord may at is option either enter into and upon the Demised Premises terminate this Lease, or from time to time, without terminating this Lease, may relet all or any part thereof in the name of the whole Premises as agent for Tenant for such term or terms and have againat such rental and upon such other terms and conditions as Landlord may deem advisable, repossess with the right to make alterations and enjoy repairs to the same Premises as Landlord, in Landlord's reasonable judgment, considers advisable and necessary for the purpose of its former estate and reletting the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to Premises. No re-let the same as agent entry or taking possession of the Premises by Landlord pursuant to this Section 23.3 shall be construed as an election to terminate this Lease unless notice of such intention is given to Tenant and claim against or unless the termination thereof is decreed by a court of competent jurisdiction. If Landlord terminates this Lease or re-enters the Premises pursuant to this Article 23, Tenant for damages suffered. Provided further shall remain liable (in addition to accrued liabilities) for: (i) any unpaid Rent due at the time of termination, plus interest thereon from the due date at the Prime Rate; provided, however, that in the event that the if such interest is limited by law to a lesser amount, Landlord shall be entitled to the maximum amount of interest permitted by law, (ii) subject to clause (v) of this paragraph, Rent until the date this Lease would have expired had such termination not occurred; (iii) any and all reasonable expenses (including all reasonable attorneys' fees, costs and brokerage fees) incurred by Landlord in re-entering and repossessing the Premises, in making good any Default by Tenant, in protecting and preserving the Premises by use of watchmen and caretakers and in reletting the Premises (subject to the provisions of the immediately preceding paragraph and provided that Tenant shall not be liable for any expenses incurred by Landlord with respect to alterations which are not consistent with the use of the Premises as an athletic club and/or a use(s) complementary to an athletic club); and (iv) any other amount reasonably necessary to compensate Landlord for any other detriment actually caused Landlord by Tenant's failure to perform its obligations under this Lease, less (v) the net proceeds received by Landlord from any reletting prior to the date this Lease would have expired if it had not been terminated. Tenant agrees to pay to Landlord the amount so owned above for each month during the Term, at the beginning of each such month. Any suit brought by Landlord to enforce collection of such amount for any one month shall not prejudice Landlord's right to enforce the collection of any such amount for any subsequent month. In addition to the foregoing, and without regard to whether this Lease has been terminated, Tenant shall pay to Landlord all costs incurred by Landlord, including reasonable legal fees and costs, with respect to any lawsuit or action instituted or taken by Landlord to enforce the provisions of this Lease. Tenant's liability shall survive the institution of summary proceedings and the issuance of a warrant or writ thereunder. If Landlord terminates this Lease, Landlord shall have the right at any time, at its sole option, to require Tenant to pay to Landlord on demand, as liquidated and agreed final damages in lieu of Tenant's liability hereunder: (i) the then present cash value of the Rent, and all other sums which would have been payable under this Lease from the date of such demand to the date when this Lease would have expired if it had not been terminated, minus (ii) the fair market value of the Premises for the same period; provided, however, that if such damages are limited by law to a lesser amount, Landlord shall be entitled to prove as liquidated damages the maximum amount permitted by law. Landlord shall use commercially reasonable efforts to relet the Premises in the event this Lease is terminated pursuant to the provisions of this Article 23. Tenant, on its own behalf and on behalf of all persons claiming through Tenant, including, but not limited to, all creditors, does hereby waive any and shall elect all rights and privileges, so far as is permitted by law, which Tenant and all such persons might otherwise have under any present or future law: (i) to make a re-entry as hereinbefore provided forredeem the Premises; (ii) to reenter or repossess the Premises; (iii) to restore the operation of this Lease, with respect to any dispossession of Tenant by judgment, warrant or writ of any court or judge, or any re-entry by Landlord, any expiration or other action so taken termination of this Lease, whether such dispossession, re-entry, expiration or termination of this Lease shall be by operation of law or pursuant to the provisions of this Lease; or (iv) to the service of any notice of intention to re-enter or notice to quit which may otherwise be required to be given. The words "disposition," "re-enter", and "re-elected" as used in this Lease shall not be deemed to relieve be restricted to their technical meanings. In the event of any breach or threatened breach by Tenant or any persons claiming through Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent any of the provisions contained in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition , Landlord shall be entitled to all other rights hereby reserved to it, the Landlord enjoin such breach or threatened breach and shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force invoke any right or otherwise without being liable for any prosecution thereforremedy allowed at law, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premisesequity, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderotherwise.

Re-entry. In the event that the Tenant shall be in default of any of its covenants hereunder including Default, Landlord shall also have the covenant of right, without demand or notice, without terminating this Lease, to re-enter the Tenant to pay rent or additional rent (after 5 business days prior written notice Premises and remove all persons and property from the Premises, either by summary proceedings or by action at law, without being deemed guilty of trespass and without prejudice to any remedies for nonpayment or late payment of any Rent or breach of any covenant. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. If Landlord delivered elects to re-enter the Tenant)Premises, the Landlord may at is option either enter into and upon the Demised Premises terminate this Lease, or from time to time, without terminating this Lease, may relet all or any part thereof in the name of the whole Premises as agent for Tenant for such term or terms and have againat such rental and upon such other terms and conditions as Landlord may deem advisable, repossess with the right to make alterations and enjoy repairs to the same Premises as Landlord, in Landlord's reasonable judgment, considers advisable and necessary for the purpose of its former estate and reletting the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to Premises. No re-let the same as agent entry or taking possession of the Premises by Landlord pursuant to this Section 23.3 shall be construed as an election to terminate this Lease unless notice of such intention is given to Tenant and claim against or unless the termination thereof is decreed by a court of competent jurisdiction. If Landlord terminates this Lease or re-enters the Premises pursuant to this Article 23, Tenant for damages suffered. Provided further shall remain liable (in addition to accrued liabilities) for: (i) any unpaid Rent due at the time of termination, plus interest thereon from the due date at the Prime Rate; provided, however, that in the event that the if such interest is limited by law to a lesser amount, Landlord shall be entitled to the maximum amount of interest permitted by law, (ii) subject to clause (v) of this paragraph, Rent until the date this Lease would have expired had such termination not occurred; (iii) any and all reasonable expenses (including all reasonable attorneys' fees, costs and brokerage fees) incurred by Landlord in re-entering and repossessing the Premises, in making good any Default by Tenant, in protecting and preserving the Premises by 8 use of watchmen and caretakers and in reletting the Premises (subject to the provisions of the immediately preceding paragraph and provided that Tenant shall not be liable for any expenses incurred by Landlord with respect to alterations which are not consistent with the use of the Premises as an athletic club and/or a use(s) complementary to an athletic club); and (iv) any other amount reasonably necessary to compensate Landlord for any other detriment actually caused Landlord by Tenant's failure to perform its obligations under this Lease, less (v) the net proceeds received by Landlord from any reletting prior to the date this Lease would have expired if it had not been terminated. Tenant agrees to pay to Landlord the amount so owed above for each month during the Term, at the beginning of each such month. Any suit brought by Landlord to enforce collection of such amount for any one month shall not prejudice Landlord's right to enforce the collection of any such amount for any subsequent month. In addition to the foregoing, and without regard to whether this Lease has been terminated, Tenant shall pay to Landlord all costs incurred by Landlord, including reasonable legal fees and costs, with respect to any lawsuit or action instituted or taken by Landlord to enforce the provisions of this Lease. Tenant's liability shall survive the institution of summary proceedings and the issuance of a warrant or writ thereunder. If Landlord terminates this Lease, Landlord shall have the right at any time, at its sole option, to require Tenant to pay to Landlord on demand, as liquidated and agreed final damages in lieu of Tenant's liability hereunder: (i) the then present cash value of the Rent, and all other sums which would have been payable under 9 this Lease from the date of such demand to the date when this Lease would have expired if it had not been terminated, minus (ii) the fair market value of the Premises for the same period; provided, however, that if such damages are limited by law to a lesser amount, Landlord shall be entitled to prove as liquidated damages the maximum amount permitted by law. Landlord shall use commercially reasonable efforts to relet the Premises in the event this Lease is terminated pursuant to the provisions of this Article 23. Tenant, on its own behalf and on behalf of all persons claiming through Tenant, including, but not limited to, all creditors, does hereby waive any and shall elect all rights and privileges, so far as is permitted by law, which Tenant and all such persons might otherwise have under any present or future law: (i) to make a re-entry as hereinbefore provided forredeem the Premises; (ii) to reenter or repossess the Premises; (iii) to restore the operation of this Lease, with respect to any dispossession of Tenant by judgment, warrant or writ of any court or judge, or any re-entry by Landlord, any expiration or other action so taken termination of this Lease, whether such dispossession, re-entry, expiration or termination of this Lease shall be by operation of law or pursuant to the provisions of this Lease; or (iv) to the service of any notice of intention to re-enter or notice to quit which may otherwise be required to be given. The words "disposition," "re-enter", and "re-elected" as used in this Lease shall not be deemed to relieve be restricted to their technical meanings. In the event of any breach or threatened breach by Tenant or any persons claiming through Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent any of the provisions contained in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by force or otherwise without being liable for any prosecution therefor, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunder.125

Re-entry. In Upon the event that the Tenant shall be in default occurrence of any an Event of its covenants hereunder including the covenant of the Tenant to pay rent or additional rent (after 5 business days prior written notice from the Landlord delivered to the Tenant)Default, the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages suffered. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to immediately re-enter the Demised Premises as the agent of the Tenant either by force summary proceedings, or otherwise by force, or otherwise, without being liable for any prosecution therefor; take possession of the Premises and remove all persons therefrom; alter all locks and other security devices on the Premises without terminating this Lease; and may elect either to terminate this Lease or relet the premises as agent for Tenant or otherwise, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the rent therefor, applying the same to Tenant’s obligations. Upon the re-entering of the Premises, Landlord may remove all or any part of the personal property of Tenant remaining on the Premises and store the same at Tenant’s expense, provided said rent removal shall be completed in compliance with US Privacy Laws and all other applicable laws. If said personal property remaining on the Premises is not claimed by Tenant within ten (10) days after such entry, such property may at the option of Landlord, be deemed to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactoryhave been abandoned, and for any use in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole discretion, and purpose which it may deem appropriate and in connection with any such leasewithout accountability, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determined to be appropriate or helpful in effecting such Leaseat Tenant’s expense; but provided, however, in no event may Landlord retain or sell property on the Premises that is owned by the United States government or another third party. Tenant shall be obligated to return all keys and access devices to the Premises to Landlord be under any obligation to upon Landlord’s re-let entering of the Demised Premises. No alteration of locks or other security devices and no removal or other exercise of dominion by Landlord over the property of Tenant or others at the Premises in whole shall be deemed unauthorized or in part for constitute a conversion, Tenant hereby consenting, after any purpose which the Landlord may regard as injurious Event of Default, to the Demised Premises, or to any Tenant which the Landlord, in the aforesaid exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so redominion over Tenant’s property within the Premises. ALL CLAIMS FOR DAMAGES BY REASON OF SUCH RE-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderENTRY AND/OR REPOSSESSION AND/OR ALTERATIONS OF LOCKS OR OTHER SECURITY DEVICES ARE HEREBY WAIVED.

Re-entry. In Proviso for re-entry by the event Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be in default of any of its covenants hereunder including the covenant calculated and paid monthly. No such re-entry or taking possession of the Tenant Leased Premises by the Landlord shall be construed as an election on its part to pay rent or additional rent (after 5 business days prior terminate this Lease unless a written notice from the Landlord delivered of such intention is given to the Tenant). Notwithstanding any such reletting without termination, the Landlord may at is option either enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said time thereafter elect to terminate this Lease shall thereupon terminate or itself take steps and do to or cause to be done for such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Tenant and claim against the Tenant for damages sufferedprevious breach. Provided further that in the event that Should the Landlord shall be entitled toat any time terminate this Lease for any breach, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Landlord is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Tenant thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to any remedies it may have, it may recover from the Tenant all other rights hereby reserved to itdamages it has incurred or may incur by reason of such breach, including the Landlord shall have cost of recovering the right to re-enter Leased Premises, reasonable solicitor’s fees, and including the Demised Premises as worth at the agent time of such termination of the Tenant either by force or otherwise without being liable for any prosecution thereforexcess, and to re-let the whole or any portion if any, of the Demised Premises amount of rent and charges equivalent to the rent reserved in this Lease for any period equal to or greater or less than the remainder of the stated Term over the then current term of the Tenant and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Demised Premises reasonable rental value as the Landlord may determined to be appropriate or helpful in effecting such Lease; but in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the Tenant shall remain liable to by the Landlord for the deficiencyremainder of the stated Term, if any, it being the intention hereof that nothing herein contained an no entry made by the Landlord hereunder all of which amounts shall in any way release be immediately due and payable from the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by such re-letting or by the proceeds of any distress made by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus or any sums received by the Landlord against the Tenant; and provided that the Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-letting of the Demised Premises in excess of the rent reserved hereunderLandlord.