Common use of Re-entry Clause in Contracts

Re-entry. It is a condition of this Lease that when: .1 Tenant fails to pay when due any Rent, whether lawfully demanded or not; .2 Tenant is in default of any of its covenants, obligations or agreements under this Lease (other than its covenant to pay Rent) and such default has continued for a period of 10 consecutive days (or such shorter period set out in Landlord’s notice as may be reasonable in the circumstances) after notice by Landlord to Tenant specifying with 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 10 day period, if Tenant has failed to proceed promptly to cure the same or has thereafter failed to prosecute the curing of such failure with due diligence; .3 an execution issues against any property of Tenant or any guarantor or indemnifier of this Lease and remains outstanding for more than 10 days, or any receiver of any property of Tenant or any guarantor or indemnifier of this Lease is appointed, or 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 insolvent, or any action, steps or proceedings whatever, are taken with a view to the winding up, dissolution or liquidation of 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 Tenant or any guarantor or indemnifier of this Lease;

Re-entry. It is a condition of this Lease that when: .1 Tenant fails to pay when due any Rent, whether lawfully demanded Landlord or not; .2 Tenant is in default of any of its covenants, obligations or agreements under this Lease (other than its covenant to pay Rent) and such default has continued for a period of 10 consecutive days (or such shorter period set out in Landlord’s notice agents and employees may immediately or at any time thereafter re-enter the Premises, or any part thereof, peaceably but using such reasonable force as may be reasonable 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 other remedies allowed by law, remove and store the circumstancessame in any place selected by Landlord, including but not limited to a public warehouse, at the expense and risk of Tenant. If Tenant shall fail to pay all sums due hereunder together with the cost of storing any such property within thirty (30) days after notice by it has been stored, Landlord to Tenant specifying with reasonable particularity the nature may sell any or all of such default property at public or private sale and requiring shall apply the same proceeds of such sale first, to be remediedthe cost of such sale; second, or, if by reason of the nature thereof, such default cannot be cured by to the payment of the charges and expenses for reentry, removal and storage; third, to the payment of any other sums of money that may be due from Tenant to Landlord under the terms of this Lease; and cannot with due diligence be wholly cured within such 10 day periodthe balance, if any, to Tenant. Tenant has failed to proceed promptly to cure hereby waives all claims for damages that may be caused by Landlord’s re-entering and taking possession of Premises or removing and storing or selling the same or has thereafter failed to prosecute the curing of such failure with due diligence; .3 an execution issues against any property of Tenant as herein provided, and will indemnify, defend and save Landlord harmless from loss, costs or any guarantor damages to Tenant occasioned hereby, and no such re-entry shall be considered or indemnifier of this Lease and remains outstanding for more than 10 days, or any receiver of any property of Tenant or any guarantor or indemnifier of this Lease is appointed, or 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 construed to be a notice of intention or a proposal, makes an assignment in bankruptcy, has a receiving order made against it or otherwise becomes bankrupt or insolvent, or any action, steps or proceedings whatever, are taken with a view to the winding up, dissolution or liquidation of 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 Tenant or any guarantor or indemnifier of this Lease;forcible entry. RE-ENTRY 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. It is a condition PROVISION FOR RE-ENTRY by the said Lessor on non-payment of this Lease that when: .1 Tenant fails to pay when due any Rent, whether lawfully demanded or not; .2 Tenant is in default of any of its covenants, obligations or agreements under this Lease (other than its covenant to pay Rent) and such default has continued net rent for a period of 10 consecutive Seven (7) business days and for any other rent for fifteen (15) business days or non-performance of covenant for fifteen (15) days or such shorter longer period set out in Landlord’s as is reasonably required to cure such default after written notice as from the Lessor. The above powers may be reasonable exercised whether legal demand for the rent has been made of not. Provided, further, that upon such re-entry by the Lessor under the terms of this paragraph, or any other provision or provisions of this lease, the landlord may, in addition to any other remedies to which the circumstances) after notice by Landlord Lessor my be entitled, at its option, at any time and from time to Tenant specifying with reasonable particularity time relet the nature demised premises or any part or parts thereof for the account of such default the Lessee or otherwise and requiring receive and collect the rents thereof, applying the same first to be remedied, or, if by reason of the nature thereof, such default cannot be cured by the payment of money such expenses as the Lessor may have incurred in recovering possession of the demised premises including the legal expenses and cansolicitors' fees and for putting the same into good order or condition or preparing or altering the same for re-rental and all other expenses, commissions and charges paid, assumed or incurred by the Lessor in or about re-letting the premises and then to the fulfilment of the covenants of the tenant hereunder. Any such re-letting herein provided for may be for the remainder of the term as originally granted or for a longer or shorter period. In any such case, and whether or not with due diligence the demised premises or any part hereof be wholly cured within such 10 day periodre-let, the Tenant shall pay to the Lessor the rental hereby reserved and all other sums required to be paid by the Tenant up to the time of the termination of this lease or of recovery of possession of the demised premises by the Lessor, as the case may be, and thereafter the Lessee covenants and agrees, if Tenant has failed required by the Lessor, to proceed promptly pay to cure the Lessor until the end of the term of this lease, the equivalent of the amount of all the rental hereby reserved and all other sums required to be paid by the Lessee hereunder, less the net avails or re-letting, if any, and the same or has thereafter failed to prosecute shall be due and payable by the curing of such failure with due diligence; .3 an execution issues against any property of Tenant or any guarantor or indemnifier of this Lease and remains outstanding for more than 10 days, or any receiver of any property of Tenant or any guarantor or indemnifier of this Lease is appointed, or 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 insolvent, or any action, steps or proceedings whatever, are taken with a view Lessee to the winding upLessor on the days herein provided for rental, dissolution or liquidation that is to say upon each of Tenant or any guarantor or indemnifier the days herein provided for the payment of this Leaserental, or with a view the Lessee shall pay to the restructuring or compromise Lessor the amount of any debt or other obligation of Tenant or any guarantor or indemnifier of this Lease;the deficiency then existing.

Re-entry. It is a condition of this Lease that when: .1 Tenant fails to pay when due any Rent, whether lawfully demanded or not; .2 Tenant is in default In case of any such re-entry, expiration and/or dispossess by summary proceedings or otherwise, the rent shall become due thereupon and be paid up to the time of its covenantssuch re-entry, obligations dispossess, and/or expiration, together with such expenses as LANDLORD may incur for brokerage and/or putting the Demised Premises in good order, or agreements under this Lease (other than its covenant to pay Rent) and such default has continued for preparing the same for re-rental. LANDLORD may relet the premises or any part or parts thereof, either in the name of LANDLORD or otherwise, for a term or terms which may at LANDLORD’s option be less than or exceed the period of 10 consecutive days (or such shorter period set out in Landlord’s notice as which may be reasonable in otherwise have constituted the circumstances) after notice by Landlord to Tenant specifying with reasonable particularity the nature of such default and requiring the same to be remedied, or, if by reason balance of the nature thereof, such default cannot be cured by the payment of money and cannot with due diligence be wholly cured within such 10 day period, if Tenant has failed to proceed promptly to cure the same or has thereafter failed to prosecute the curing of such failure with due diligence; .3 an execution issues against any property of Tenant or any guarantor or indemnifier term of this Lease and remains outstanding for more than 10 daysmay grant reasonable concessions, or free rent; and TENANT shall also pay LANDLORD any receiver deficiency between (1) all rent and additional charges hereby reserved and/or covenanted to be paid; and (2) the net amount, if any, of any property the rents collected on account of Tenant or any guarantor or indemnifier the leasing of this Lease is appointed, or Tenant or any guarantor or indemnifier the Demised Premises for each month of this Lease becomes insolvent or makes application the period which would otherwise have constituted the balance 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 insolvent, or any action, steps or proceedings whatever, are taken with a view to the winding up, dissolution or liquidation of Tenant or any guarantor or indemnifier term of this Lease. In computing amount, there shall be added to the deficiency such expenses as LANDLORD may incur in connection with reletting, such as for brokerage, for keeping the Demised Premises in good order, and for preparing the same for reletting. Any such amount shall be paid in monthly installments by TENANT on the rent days specified in this Lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of LANDLORD to collect the deficiency for any subsequent month by a similar proceeding. LANDLORD, in its discretion, may make such alterations, repairs, replacements, and/or decorations in the Demised Premises as may be necessary for the purpose of reletting the Demised Premises; and the making of such alterations and/or decorations shall not operate or be construed to release TENANT from liability hereunder as aforesaid. Provided LANDLORD has used commercially reasonable efforts to mitigate its damages and has used commercially reasonable efforts to relet the Demised Premises, LANDLORD shall not be liable for failure to relet the Demised Premises. In addition to the foregoing remedies described in this and preceding paragraphs, in the event TENANT shall file a voluntary petition in bankruptcy or take the benefit of any insolvency act or be dissolved or adjudicated as bankrupt, or with if a view receiver shall be appointed for its business or its assets and the appointment of such receiver is not vacated within sixty (60) days after such appointment, or if TENANT shall make an assignment for the benefit of its creditors, or if TENANT’s interest herein shall be sold under execution, then and forthwith thereafter LANDLORD shall have the right, at its option and without prejudice to its rights hereunder, to terminate this Lease and to re-enter and take possession of the restructuring Demised Premises and/or declare immediately due and payable all of the amounts as described above in this Article 31, which shall constitute a debt provable in bankruptcy or compromise of any debt or other obligation of Tenant or any guarantor or indemnifier of this Lease;receivership.

Re-entry. It is a condition of (a) If and whenever during the Term: (i) the Principal Rent (under this Lease that when: .1 Tenant fails to pay when or under any Related Lease) is outstanding for more than ten (10) Business Days (the Principal Rent Default Period) after becoming due any Rent, whether lawfully formally demanded or not;not (provided that if any two or more payments of Principal Rent (whether under this Lease or a Related Lease) have been outstanding for more than ten (10) Business Days in the immediately preceding twelve month period then the Principal Rent Default Period shall be reduced to three (3) Business Days but only for so long as the foregoing proviso applies after which the Principal Rent Default Period will increase back to ten (10) Business Days) and provided that following a Permitted Assignment to an entity which is not a member of the Circle Group the above references will be limited to the Principal Rent under the Lease and not also the Principal Rent under any Related Lease or .2 Tenant is in default (ii) the Rents (or any part of any of its covenants, obligations or agreements them) under this Lease (other than its covenant to pay the Principal Rent) and such default has continued for a period of 10 consecutive days (or such shorter period set out in Landlord’s notice as may be reasonable in the circumstances) after notice by Landlord to Tenant specifying with 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 10 day period, if Tenant has failed to proceed promptly to cure the same or has thereafter failed to prosecute the curing of such failure with due diligence; .3 an execution issues against any property of Tenant or any guarantor or indemnifier of this Lease and remains is outstanding for more than 10 days, ten (10) Business Days (the Rents Default Period) after becoming due and written demand having been made (provided that if any two or more payments of the Rents other than the Principal Rent (whether under this Lease or a Related Lease) have been outstanding for more than ten (10) Business Days in the immediately preceding twelve month period then the Rents Default Period shall be reduced to three (3) Business Days but only for so long as the foregoing proviso applies after which the Rents Default Period will increase back to ten (10) Business Days) and provided that following a Permitted Assignment to an entity which is not a member of the Circle Group the above references will be limited to the Rents (other than the Principal Rent) under the Lease and not also to the Rents (other than the Principal Rent) under any receiver Related Lease or (iii) there is a breach by the Tenant of any property of Tenant covenant or any guarantor or indemnifier other term of this Lease is appointed, or any document expressed to be supplemental to this Lease or (iv) the Tenant or the Surety commits or permits an Act of Insolvency then subject to clause 7.1(b) and (c) the Landlord may at any guarantor time prior (in the case of (i), (ii) and (iii) above) to such Principal Rent or indemnifier Rents being paid or the breach having been made good re-enter the Premises or any part of them in the name of the whole at any time and even if any previous right of re-entry has been waived and then the Term will absolutely cease but without prejudice to any rights or remedies which may have accrued to the Landlord against the Tenant in respect of any breach of covenant or other term of this Lease becomes insolvent including the breach in respect of which the re-entry is made (A) (1) six or makes application more leases (which were, when terminated, Related Leases) have been terminated and/or (in any combination) (2) the relevant landlord has a right and intention to terminate six or more such Related Leases (and for this purpose only the landlord shall, in addition to the rights set out in clause 7.1(a), be deemed also to have a right to terminate if the Tenant (or the tenant of a Related Lease) is in breach of Clause 11.2 (or the equivalent provision in the Related Lease)), provided that, for the purposes of this clause only, the right of the relevant landlord to terminate any such Related Leases shall, in relation to a breach of clause 4.3, only arise where the Tenant is also in breach of its obligations under clause 4.10(c); (B) (1) leases (which were, when terminated, Related Leases) have been terminated and/or (in any combination) (2) the relevant landlord has a right and intention to terminate such Related Leases (and for this purpose only the landlord shall, in addition to the rights set out in clause 7.1(a), be deemed also to have a right to terminate if the Tenant (or the tenant of a Related Lease) is in breach of Clause 11.2 (or the equivalent provision in the Related Lease)) and the aggregate Principal Rent payable (or which would, but for such termination, have been payable) under such leases is equal to or greater than 25% of the aggregate Principal Rent payable (or which would, but for such termination, have been payable) under all leases which were, at the date of the Supplemental Deed, Related Leases; or (C) (1) leases (which were, when terminated, Related Leases) have been terminated and/or (in any combination) (2) the relevant landlord has a right and intention to terminate such Related Leases (and for this purpose only the landlord shall, in addition to the rights set out in clause 7.1(a), be deemed also to have a right to terminate if the Tenant (or the tenant of a Related Lease) is in breach of Clause 11.2 (or the equivalent provision in the Related Lease)) and the aggregate Tenant EBITDAR earned (or which would, but for such termination, have been earned) by the tenant of such leases is equal to or greater than 25% of the aggregate Tenant EBITDAR earned (or which would, but for such termination, have been earned) by the tenants of all leases which were, at the date of the Supplemental Deed, Related Leases. Provided that termination shall (i) where the Related Lease relates to property located in England or Wales not be permitted if the Landlord has terminated and the Tenant has applied for relief from creditors under against re-entry or forfeiture until the provisions court has finally disposed of any statute now or hereafter the Tenant’s application and (ii) where the Related Lease relates to property located in force or, under Scotland only occur where the Bankruptcy and Insolvency Act, files Landlord has terminated by serving on the Tenant a notice of irritancy and a Scottish court has granted decree in an action for declarator of irritancy at the instance of the Landlord against the Tenant. And provided further that Clause 7.1(a)(v) shall no longer apply following any Permitted Assignment to an entity which is not a member of the Circle Group. (b) The Landlord shall not exercise the right of re-entry pursuant to clause 7.1(i) or (ii) without first giving not less than ten (10) Business Days’ written notice (the Notice Period) to the Tenant of its intention to exercise such right of re-entry such notice to provide full details of all amounts of Principal Rent and other Rents outstanding and the relevant lease or leases under which such amounts are due (whether such lease or leases be this Lease or a proposalRelated Lease) provided that if any two or more payments of Principal Rent or other Rents (whether under this Lease or a Related Lease or Related Leases) have been outstanding for more than ten (10) Business Days in the immediately preceding twelve month period then the Notice Period shall be reduced to three (3) Business Days but only for so long as the foregoing proviso applies after which the Notice Period will increase back to ten (10) Business Days (c) The Landlord shall give written notice (including, makes an assignment without limitation, the same period of written notice as detailed at clause 7.1(b) regarding non-payment of the Principal Rent or other Rents) to any mortgagee of the Tenant of which the Landlord has prior written notice prior to exercising the right of re-entry contained in bankruptcy, has a receiving order made against it or otherwise becomes bankrupt or insolvent, or any action, steps or proceedings whatever, are taken with a view to the winding up, dissolution or liquidation of 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 Tenant or any guarantor or indemnifier of this Lease;.

Re-entry. It is a condition of this Lease IN THE EVENT that when: .1 the Tenant fails to pay when due any Rent, whether lawfully demanded or not; .2 Tenant is shall be in default of any of its covenantscovenants to pay Rent or Additional Rent, obligations the Landlord shall give to the Tenant notice in writing stating the said default with reasonably sufficient particulars, and requiring that the said default is not remedied by the Tenant within seven (7) business days (excluding Saturdays, Sundays and Statutory holidays) after the receipt of such notice, the Landlord may at its option either enter into and upon the Leased Premises or agreements under this 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. In the event that the Tenant shall be in default of any of its covenants hereunder, other than its the covenant of the Tenant to pay Rent or Additional Rent) , the Landlord shall give to the Tenant notice in writing stating the said default with reasonably sufficient particulars, and requiring that the said default be remedied and require that if such default has continued for a period is not remedied by the Tenant within thirty (30) days after the receipt of 10 consecutive days (such notice, or such shorter longer period set out in Landlord’s notice as may be reasonable reasonably necessary in the circumstances) after notice by Landlord to Tenant specifying with reasonable particularity view of the nature of such default the default, the Landlord may, if the aforementioned notice and requiring cure period has expired at its option either enter into and upon the Leased 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 to do or cause to be remedieddone such things as may be necessary to remedy and correct such defaults. Provided further that in the event that the Landlord shall be entitled to, orand 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 in accordance with the provisions hereof and said Rent and other monies shall continue to accrue and be payable until such time as the Landlord is able to re-let the Leased Premises, or otherwise deal with the same in such manner that it did not sustain any loss should the Tenant then after 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 Leased 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 therefore, 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 Leased Premises as the Landlord may determine to be appropriate or helpful in effecting such lease; but in no event shall the Landlord be under any obligation to re­let the Leased Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Leased Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any 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 and no entry made by reason of the nature thereof, such default cannot be cured by landlord hereunder shall in any way release the Tenant from the payment of money and cannot with due diligence Rent hereby reserved during the term hereof beyond such sum as may be wholly cured within realized by the landlord by such 10 day period, if Tenant has failed to proceed promptly to cure re-letting or by the same or has thereafter failed to prosecute the curing of such failure with due diligence; .3 an execution issues against any property of Tenant or any guarantor or indemnifier of this Lease and remains outstanding for more than 10 days, or any receiver proceeds of any property 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 of Tenant or any guarantor or indemnifier sums received by the landlord on a re-letting of this Lease is appointedthe leased Premises in excess of the Rent reserved hereunder. Notwithstanding anything to the contrary herein, or Tenant or any guarantor or indemnifier of this Lease becomes insolvent or makes application for relief from creditors in no event shall Tenant’s total liability hereunder exceed the total remaining Rent including the Operating Expenses 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 insolvent, or any action, steps or proceedings whatever, are taken with a view to the winding up, dissolution or liquidation of 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 Tenant or any guarantor or indemnifier of this Lease;lease Term.

Re-entry. It is a condition The Tenant further covenants and agrees with the Landlord that in case of non-payment of any rent at the times as herein provided, or the non-performance of any covenant by the Tenant, or in case the Demised Premises shall be deserted or vacated for over thirty (30) days, the Landlord, in addition to all other rights hereby reserved to the Landlord shall have the right to re-enter the same 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 then the remainder of the then current term as agent of the Tenant, and to receive the rent therefor, said rent to be any sum which the Landlord deems reasonable, to any Tenant which the Landlord may deem suitable and satisfactory, and for any use and purpose which the Landlord 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 determine to be appropriate or helpful in effecting such Lease. However, 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 as the agent of the Tenant to take possession of any furniture or other property on the Demised Premises and to sell the same at public or private sale without notice and to apply the proceeds of such sale and any rent derived from re-letting the Demised Premises, upon account of the rent due under these presents, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention of this Lease that when: .1 Tenant fails to pay when due any Rent, whether lawfully demanded or not; .2 Tenant is nothing in default of any of its covenants, obligations or agreements under this Lease (other than its covenant to pay Rent) contained and 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 default has continued for a period of 10 consecutive days (or such shorter period set out in Landlord’s notice sum as may be reasonable realized by the Landlord by the re-letting and sale of furniture hereinbefore allowed. The Landlord shall not, in any event be required to pay to the circumstances) after notice Tenant any surplus of any sums received by Landlord to Tenant specifying with reasonable particularity the nature landlord on a re-letting of such default and requiring the same to be remedied, or, if by reason Demised Premises in excess of the nature thereof, such default cannot be cured by the payment of money and cannot with due diligence be wholly cured within such 10 day period, if Tenant has failed to proceed promptly to cure the same or has thereafter failed to prosecute the curing of such failure with due diligence; .3 an execution issues against any property of Tenant or any guarantor or indemnifier of this Lease and remains outstanding for more than 10 days, or any receiver of any property of Tenant or any guarantor or indemnifier of this Lease is appointed, or 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 rent reserved 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 insolvent, or any action, steps or proceedings whatever, are taken with a view to the winding up, dissolution or liquidation of 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 Tenant or any guarantor or indemnifier of this Lease;.

Re-entry. It is 6.1.1 Where there occurs a condition breach by the Tenant of Clause 3.9 and/or following the incidence of damage to or destruction of the Property and subject to receipt of all necessary consents licences permissions and the like to apply the proceeds of the policy of the insurance or payment under the Risk Protection Arrangement received for those purposes in rebuilding and reinstating the Property (provided that this covenant should be satisfied if the Tenant provides premises not necessarily identical to the Property as the same existing prior to such damage or destruction occurring) as soon as may be reasonably practicable provided that in case it shall be impossible or impracticable to reinstate the Property in accordance with the provisions of this Clause Insurance within 3 years of the date of damage or destruction occurring either party may serve written notice on the other to terminate this Lease and upon service of such notice this Lease shall immediately cease and determine but without prejudice to the rights of either party against the other in respect of any prior breach of any obligation contained in this Lease and any monies received under the said policy of insurance or under the Risk Protection Arrangement whether before or after the termination of this Lease that when: .1 Tenant fails to pay when due any Rent, whether lawfully demanded or not; .2 Tenant is in default of any of its covenants, obligations or agreements under this Lease (other than its covenant to pay Rent) and such default has continued for a period of 10 consecutive days (or such shorter period set out in Landlord’s notice as may shall be reasonable in the circumstances) after notice by Landlord to Tenant specifying with 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 paid by the payment of money Tenant on receipt to the Landlord and cannot with due diligence be wholly cured within such 10 day period, if shall as between the Landlord and the Tenant has failed belong to proceed promptly to cure the same or has thereafter failed to prosecute the curing of such failure with due diligenceLandlord absolutely; .3 an execution issues against any property of Tenant or any guarantor or indemnifier of this Lease and remains outstanding the Landlord has served written notice specifying such breach and the remedial action required by the Tenant and if within a reasonable period (taking account of the breach complained of) the Tenant has not taken steps to remedy such breach or the Tenant is dissolved or struck off or removed from the Register of Companies or otherwise ceases to exist then it is lawful for more than 10 days, the Landlord or any receiver of person authorised by the Landlord at any property of Tenant time afterwards to re-enter upon the Property or any guarantor or indemnifier part of this Lease is appointed, or Tenant or any guarantor or indemnifier of this Lease becomes insolvent or makes application for relief from creditors under it in 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 insolvent, or any action, steps or proceedings whatever, are taken with a view to the winding up, dissolution or liquidation of 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 Tenant or any guarantor or indemnifier of this Lease;name of

Re-entry. It is a condition of this Lease that whenWhen: .1 (a) the Tenant fails to pay when due shall be in default in the payment of any Rent, whether lawfully demanded or not;, and such default shall continue for a period of five (5) consecutive days after notice by the Landlord to the Tenant, .2 (b) the Tenant is shall be in default of any of its covenants, obligations or agreements under this Lease (other than its covenant to pay Rent) and such default has shall have continued for a period of 10 ten (10) consecutive days (or such shorter period set out in Landlord’s notice as may be reasonable in the circumstances) after notice by the Landlord to the Tenant specifying with 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 10 day period, if Tenant has failed to proceed promptly to cure the same or has thereafter failed to prosecute the curing of such failure with due diligence; .3 an execution issues against , (c) any property of the Tenant or any guarantor or indemnifier has been sold under a valid writ of this Lease and remains outstanding for more than 10 daysexecution, or any receiver the Tenant shall have made an assignment for the benefit of any property of Tenant or any guarantor or indemnifier of this Lease is appointedcreditors, or Tenant shall make any assignment or any guarantor have had a receiving order made against it under the Bankruptcy Act, or indemnifier of this Lease becomes becoming bankrupt or insolvent or makes shall have made 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 concerning bankrupt or insolventinsolvent debtors, or any action, steps or proceedings action whatever, are legislative or otherwise, shall have been taken with a view to the winding up, dissolution or liquidation of Tenant the Tenant, (d) any insurance policy is cancelled or not renewed by an insurer by reason of any particular use or occupation of the Leased Premises, or, (e) the Leased Premises shall have been vacated or have become vacant or shall have remained unoccupied for a period of fifteen (15) consecutive days. 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 guarantor form of legal process whatever may forthwith re-enter the Leased Premises or indemnifier any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding. Such forfeiture shall be wholly without prejudice to the right of the Landlord to recover arrears of Rent and damages for any antecedent breach of the covenants, obligations or agreements of the Tenant under this Lease. Notwithstanding any such forfeiture the Landlord may subsequently recover from the Tenant damages for loss of Rent suffered by reason of this LeaseLease having been prematurely determined and it may recover from the Tenant all damages it may incur with respect thereto, including the cost of recovering the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amount of Rent, for the remainder of the Term over the then reasonable rental value of the Leased Premises for the remainder of the Term, all of which Rent shall be immediately due and payable from the Tenant to the Landlord. In determining the Rent which would be payable under this Lease by the Tenant subsequent to default, the annual rent for each year of the unexpired portion of the Term shall be equal to the average of the aggregate of the Base Rent and Additional Rent paid by the Tenant from the Commencement Date to the time of default, or with a view to during the restructuring or compromise of any debt or other obligation of Tenant or any guarantor or indemnifier of this Lease;three (3) full calendar years preceding such default, whichever period is shorter.

Re-entry. It 22.1 Subject to clauses 22.2 - 22.4 (inclusive) theLessor mayre-enter the Land where: (a) rental is in arrears for a condition period exceeding thirty (30) days after any rent payment date; (b) the Lessee is in breach of any covenant on the Lessee’s part herein expressed or implied; (c) the Lessee makes or enters into or attempts to make or enter into any composition, assignment or other arrangement with or for the benefit of the Lessee’s creditors; (d) the Lessee becomes insolvent, bankrupt or goes into liquidation, and the terms of this Lease that when: .1 Tenant fails shall terminate on such re-entry [and all Lessee’s Improvements on the Land shall vest in and become the property of the Lessor and no compensation or other consideration shall be payable by the Lessor to pay when due any Rent, whether lawfully demanded or not; .2 Tenant is the Lessee in default respect of any Lessee’s improvements vesting in the Lessor], Termination shall otherwise be without prejudice to the rights of its covenantseither party against the other. 22.2 Notwithstanding clause 22.1, obligations or agreements whilst a Crown Agency is the Lessee under this Lease (other than its covenant to pay Rent) and such should the Crown Agency default has continued in the payment of any rental for a period exceeding thirty (30) days or more or otherwise breach any covenant on the Lessee’s part herein expressed or implied, then before exercising any rights of 10 consecutive re-entry the Lessor shall serve a notice (“Default Notice”) on the Lessee specifying the breach complained of with sufficient particularity to enable the Lessee to clearly identify the default alleged and the period within which remediation must be made and the consequences of failure to do so. 22.3 The Default Notice, notwithstanding anything to the contrary contained in clause 22.1 above, shall specify that: (a) the Lessee must, within thirty (30) days (or such shorter period set out in Landlord’s notice as may be reasonable in the circumstances) after notice by Landlord to Tenant specifying with reasonable particularity the nature of receipt of such notice, remedy the default specified; and (b) that should the Lessee not remedy the default specified within this time, the Lessor shall thereafter be at liberty to re-enter the Land and requiring to determine the same Lease pursuant to be remedied, or, if by reason of this clause 22. 22.4 The Lessor acknowledges that it shall not re-enter the nature thereof, such default cannot be cured by the payment of money Land unless and cannot with due diligence be wholly cured within such 10 day period, if Tenant has failed to proceed promptly to cure the same or has thereafter failed to prosecute the curing of such failure with due diligence; .3 an execution issues against any property of Tenant or any guarantor or indemnifier of this Lease and remains outstanding for more than 10 days, or any receiver of any property of Tenant or any guarantor or indemnifier of this Lease is appointed, or Tenant or any guarantor or indemnifier of this Lease becomes insolvent or makes application for relief from creditors under until the provisions of clause 22.2 have been satisfied in full and further that 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 insolvent, or any action, steps or proceedings whatever, are taken with a view re-entry contrary to the winding up, dissolution or liquidation provisions of 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 Tenant or any guarantor or indemnifier of this Lease;clause 22.2 shall be null and void ab initio.

Re-entry. It is a condition of this Lease that when: .1 Tenant fails to pay when due any Rent, whether lawfully demanded or not; .2 Tenant is in default In case of any such re-entry, expiration and/or dispossess by summary proceedings or otherwise, the Annual Base Rent shall become due thereupon and be paid up to the time of its covenantssuch re-entry, obligations dispossess and/or expiration, together with such expenses as Landlord may incur for brokerage, attorneys fees, and/or putting the Demised Premises in good order, or agreements under this Lease (other than its covenant to pay Rent) and such default has continued for preparing the same for re-rental. Landlord may relet the Demised Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms which may at Landlord's option be less than or exceed the period of 10 consecutive days (or such shorter period set out in Landlord’s notice as which may be reasonable in otherwise have constituted the circumstances) after notice by Landlord to Tenant specifying with reasonable particularity the nature of such default and requiring the same to be remedied, or, if by reason balance of the nature thereof, such default cannot be cured by the payment of money and cannot with due diligence be wholly cured within such 10 day period, if Tenant has failed to proceed promptly to cure the same or has thereafter failed to prosecute the curing of such failure with due diligence; .3 an execution issues against any property of Tenant or any guarantor or indemnifier term of this Lease and remains outstanding for more than 10 daysmay grant reasonable concessions, or any receiver of any property free rent; and Tenant or the legal representatives of Tenant or any guarantor or indemnifier of this Lease is appointed, or Tenant or any guarantor or indemnifier of this Lease becomes insolvent or makes application shall also pay Landlord as liquidated damages 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 insolvent, or any action, steps or proceedings whatever, are taken with a view to the winding up, dissolution or liquidation failure of Tenant or to observe and perform said Tenant's covenants herein contained, any guarantor or indemnifier deficiency between (i) all Annual Base Rent and additional charges hereby reserved and/or covenanted to be paid; and (ii) the net amount, if any, of the rents collected on account of the Lease of the Demised Premises for each month of the period which would otherwise have constituted the balance of the term of this Lease. In computing such liquidated damages, or with a view there shall be added to the restructuring said deficiency such expenses as Landlord may incur in connection with reletting, such as for brokerage, attorneys' fees, advertising, for keeping the Demised Premises in good order, and for preparing the same for reletting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent days specified in this Lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in its discretion, may make such alterations, divisions, repairs, replacements, and/or decorations in the Demised Premises as may be necessary for the purpose of reletting the Demised Premises, and the making of such alterations and/or decorations shall not operate or compromise of any debt be construed to release Tenant from liability hereunder as aforesaid. Landlord shall not be liable for failure to relet the Demised Premises. The words "re-enter" or other obligation of Tenant or any guarantor or indemnifier of "re-entry" as used in this Lease;Lease shall not be restricted to their technical legal meaning.

Re-entry. It is a condition of this Lease that when: .1 Tenant fails to pay when due any Rent, whether lawfully demanded or not; .2 Tenant is In the event the Lessee shall be in default of any of its covenants, obligations or agreements under this Lease (other than its covenants hereunder including the covenant of the Lessee to pay Rent) rent or additional rent, whether legal demand has been made or not, the Lessor may at its 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 if its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such default has continued for a period of 10 consecutive days (or such shorter period set out in Landlord’s notice things as may be reasonable necessary to remedy and correct such defaults, or to re-let the same as agent of the lessee and claim against the Lessee for damages suffered. Provided further that I the event that the Lessor 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 Lessee of the obligation to pay rent and other monies payable as rent hereunder and such 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 Lessor 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 Lessee 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 Lessor shall have the right to re-enter the Demised Premises as the agent of the Lessee either by force or otherwise, without being liable for any prosecution therefore, 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 Lease and to receive the rent therefore, said rent to be any sum which it may deem reasonable, to any lessee which it may deem suitable and satisfactory, and for any use purpose which it may deem appropriate and in connection with any such lease, the Lessor may make such changes in the circumstances) after notice by Landlord to Tenant specifying with reasonable particularity character of the nature of such default and requiring improvements or the same Demised Premises as the Lessor may determine to be remediedappropriate or helpful in effecting such Lease; but in no event shall the Lessor be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Lessor may regard as injurious to the Demised Premises, oror to any lessee which the Lessor, in the exercise of reasonable discretion, shall deem objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the lessee shall remain liable to the Lessor for the deficiency, if any, it being the intention hereof that nothing herein contained and no entry made by reason of the nature thereof, such default cannot be cured by Lessor hereunder shall in no way release the Lessee from the payment of money and cannot with due diligence the rent hereby reserved during the term hereof being such sum as may be wholly cured within realized by the Lessor by such 10 day period, if Tenant has failed to proceed promptly to cure re-letting or by the same or has thereafter failed to prosecute the curing of such failure with due diligence; .3 an execution issues against any property of Tenant or any guarantor or indemnifier of this Lease and remains outstanding for more than 10 days, or any receiver proceeds of any property of Tenant or distress made by the Lessor against the Lessee; and provided that the Lessor shall not in any guarantor or indemnifier of this Lease is appointed, or Tenant or event be required to pay to the Lessee any guarantor or indemnifier of this Lease becomes insolvent or makes application for relief from creditors under the provisions surplus of any statute now or hereafter sums received by the Lessor on a re-letting of the Demised Premises in force or, under excess of 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 insolvent, or any action, steps or proceedings whatever, are taken with a view to the winding up, dissolution or liquidation of 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 Tenant or any guarantor or indemnifier of this Lease;rent reserved hereunder.

Re-entry. It is (a) If and whenever the rent or any part thereof or any other monies payable by the Tenant under this Lease, shall be unpaid when the same ought to have been paid, although no formal demand shall have been made therefor, or in case of the breach or non- performance of any of the covenants or agreements (other than for the payment of rent and other monies) herein contained on the part of the Tenant or if the Premises are vacated or become vacant or remain unoccupied for five (5) days or are not used for the purpose specified then, and in any of such cases, the then current month’s rent together with the rent for the next three months next ensuing shall immediately become due and payable, and it shall be lawful for the Landlord at any time thereafter without notice or any form of legal process whatever, to re-enter into and upon the Premises or any part thereof, in the name of the whole, and the same to have again, repossess and enjoy, as of the Landlord’s former estate, anything herein contained to the contrary or in any statute or law to the contrary notwithstanding, whereupon this Lease shall terminate forthwith, provided however such termination shall be wholly without prejudice to the right of the Landlord to recover arrears of rent and damages for any antecedent breach of covenant on the part of the Tenant. Notwithstanding such termination, the Landlord may subsequently recover from the Tenant all losses, damages, costs (including legal fees on a condition solicitor and his own client basis) and expenses whatsoever suffered by reason of this Lease having been prematurely determined. (b) The Tenant further agrees with the Landlord that when: .1 Tenant fails in any of the cases above described in Section 12.00(a), the Landlord, in addition to pay when the other rights hereby reserved to it, shall have the right to enter the Premises or otherwise without being liable for any prosecution therefor and to re-lease or sublet, as the Tenant’s agent, the Premises or any part thereof, and to apply the proceeds of such re-leasing or sub-leasing on account of rent due any Rent, whether lawfully demanded or not; .2 Tenant is in default satisfaction of the breach of any of its covenants, obligations covenant or agreements under this Lease (other than its covenant to pay Rent) agreement herein contained and such default has continued the Tenant shall remain liable for a period of 10 consecutive days (or such shorter period set out in Landlord’s notice as may be reasonable in the circumstances) after notice by Landlord to Tenant specifying with reasonable particularity the nature of such default and requiring the same to be remedied, ordeficiency, 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 10 day period, if Tenant has failed to proceed promptly to cure the same or has thereafter failed to prosecute the curing of such failure with due diligence; .3 an execution issues against any property of Tenant or any guarantor or indemnifier of this Lease and remains outstanding for more than 10 days, or any receiver of any property of Tenant or any guarantor or indemnifier of this Lease is appointed, or 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 insolvent, or any action, steps or proceedings whatever, are taken with a view to the winding up, dissolution or liquidation of 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 Tenant or any guarantor or indemnifier of this Lease;any.

Re-entry. It is 6.1.1 Where there occurs a condition breach by the Tenant of Clause 3.9 and/or following the incidence of damage to or destruction of the Property and subject to receipt of all necessary consents licences permissions and the like to apply the proceeds of the policy of the insurance or payment under the Risk Protection Arrangement received for those purposes in rebuilding and reinstating the Property (provided that this covenant should be satisfied if the Tenant provides premises not necessarily identical to the Property as the same existing prior to such damage or destruction occurring) as soon as may be reasonably practicable provided that in case it shall be impossible or impracticable to reinstate the Property in accordance with the provisions of this Clause Insurance within 3 years of the date of damage or destruction occurring either party may serve written notice on the other to terminate this Lease and upon service of such notice this Lease shall immediately cease and determine but without prejudice to the rights of either party against the other in respect of any prior breach of any obligation contained in this Lease and any monies received under the said policy of insurance or under the Risk Protection Arrangement whether before or after the termination of this Lease that when: .1 Tenant fails to pay when due any Rent, whether lawfully demanded or not; .2 Tenant is in default of any of its covenants, obligations or agreements under this Lease (other than its covenant to pay Rent) and such default has continued for a period of 10 consecutive days (or such shorter period set out in Landlord’s notice as may shall be reasonable in the circumstances) after notice by Landlord to Tenant specifying with 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 paid by the payment of money Tenant on receipt to the Landlord and cannot with due diligence be wholly cured within such 10 day period, if shall as between the Landlord and the Tenant has failed belong to proceed promptly to cure the same or has thereafter failed to prosecute the curing of such failure with due diligenceLandlord absolutely; .3 an execution issues against any property of Tenant or any guarantor or indemnifier of this Lease and remains outstanding the Landlord has served written notice specifying such breach and the remedial action required by the Tenant and if within a reasonable period (taking account of the breach complained of) the Tenant has not taken steps to remedy such breach or the Tenant is dissolved or struck off or removed from the Register of Companies or otherwise ceases to exist then it is lawful for more than 10 days, the Landlord or any receiver of person authorised by the Landlord at any property of Tenant time afterwards to re-enter upon the Property or any guarantor or indemnifier part of this Lease is appointed, or Tenant or any guarantor or indemnifier it in the name 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 whole and thereupon 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 insolvent, or any action, steps or proceedings whatever, are taken with a view to the winding up, dissolution or liquidation of 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 Tenant or any guarantor or indemnifier of this Lease;Term absolutely determines without

Re-entry. It is Where there occurs a condition of this Lease that when: .1 material breach by the Tenant fails to pay when due any Rent, whether lawfully demanded or not; .2 Tenant is in default of any of its covenants, obligations or agreements under this Lease (other than its covenant to pay Rent) and such default has continued for a period of 10 consecutive days (or such shorter period set out in Landlord’s notice as may be reasonable in the circumstances) after notice by Landlord to Tenant specifying with 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 tenant covenants and cannot with due diligence be wholly cured within such 10 day period, if Tenant has failed to proceed promptly to cure the same or has thereafter failed to prosecute the curing of such failure with due diligence; .3 an execution issues against any property of Tenant or any guarantor or indemnifier other terms and conditions of this Lease and remains outstanding the Landlord has served written notice specifying such breach and the remedial action required by the Tenant and if within a reasonable period (taking account of the breach complained of) the Tenant has not taken steps to remedy such breach or the Tenant is dissolved or struck off or removed from the Register of Companies or otherwise ceases to exist then it is lawful for more than 10 days, the Landlord or any receiver person authorised by the Landlord at any time afterwards to re-enter upon the Property or any part of it in the name of the whole and thereupon the Term absolutely determines without prejudice to any right of action of the Landlord in respect of any property breach of Tenant the Tenant's obligations contained in this Lease. Landlord's Rights on Forfeiture The Landlord's right to forfeit this Lease is not affected by any acceptance of or demand for rent or any guarantor action which would affirm this Lease by the Landlord with knowledge of a breach of any of the Tenant's covenants contained in this Lease and the Tenant is not in any proceedings for forfeiture or indemnifier otherwise entitled to rely upon any such acceptance demand or affirmation as aforesaid as a defence provided that this provision only applies to any acceptance of or demand for rent or affirmation of this Lease is appointed, or made during such period as may in all the circumstances be reasonable for enabling the Landlord to conduct negotiations with the Tenant or any guarantor or indemnifier for remedying the breach. Service of Notices Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962 applies to all notices which may require to be served under the terms of this Lease becomes except that section 196 is deemed to be amended as follows:- the final words of section 196(4) "and that service ………. be delivered" are deleted and there is substituted "and that service is deemed to have been made on the third working day after the registered letter has been posted" and "working day" means any day from Monday to Friday (inclusive) other than Christmas Day Good Friday and any statutory or bank holiday; any notice or document is also sufficiently served if sent by telephonic facsimile transmission to the party to be served and that service is deemed to be made on the day of transmission if transmitted before 4.00 pm on a working day but otherwise on the next following working day; if the party to whom any notice to be served consists of more than one person the service of notice upon one of such persons constitutes service upon all of them; any notice to be given by a party may be given by that party's solicitor or agent and when addressed to a party is not rendered invalid by reason of that party having died become insolvent or makes application for relief changed name whether or not the party serving notice is aware of the fact. [Exclusion of S.62 L.P.A. The operation of section 62 of the Law of Property Act 1925 is excluded from creditors under this Lease and the only rights granted to the Tenant are those expressly set out in this Lease and the Tenant is not by virtue of this Lease deemed to have acquired or be entitled by any means whatsoever (other than express grant) to any easement from or over the Retained Land or affecting any other land or premises now or at any time after the date of this Lease belonging to the Landlord and not comprised in this Lease.]18 Governance This Lease is governed by English law. The parties submit to the exclusive jurisdiction of the High Court of Justice in England. Agreement to Exclude Sections 24 to 28 of the 1954 Act The Landlord and the Tenant agree pursuant to section 38A(1) of the 1954 Act that the provisions of any statute now or hereafter sections 24 to 28 (inclusive) of the 1954 Act are excluded in force or, under relation to the Bankruptcy and Insolvency Act, files tenancy created by this Lease. The Tenant confirms that: the Landlord served on the Tenant a notice (the "Notice") applicable to the tenancy created by this Lease on [_________________] in accordance with section 38A(3)(a) of intention the 1954 Act; and the Tenant or a proposal, makes an assignment person duly authorised by the Tenant made a declaration or a statutory declaration in bankruptcy, has a receiving order made against it or otherwise becomes bankrupt or insolvent, or any action, steps or proceedings whatever, are taken with a view relation to the winding up, dissolution Notice on [_________________] in accordance with the requirements of section 38A(3)(b) of the 1954 Act; before the Tenant entered into this Lease or liquidation of Tenant or any guarantor or indemnifier of this Lease, or with a view (if earlier) became contractually bound to the restructuring or compromise of any debt or other obligation of Tenant or any guarantor or indemnifier of this Lease;do so. Termination

Re-entry. It is Where there occurs a condition of this Lease that when: .1 Tenant fails to pay when due any Rent, whether lawfully demanded or not; .2 Tenant is in default of any of its covenants, obligations or agreements under this Lease (other than its covenant to pay Rent) and such default has continued for a period of 10 consecutive days (or such shorter period set out in Landlord’s notice as may be reasonable in the circumstances) after notice by Landlord to Tenant specifying with 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 breach by the payment Tenant of money and cannot with due diligence be wholly cured within such 10 day period, if Tenant has failed to proceed promptly to cure the same or has thereafter failed to prosecute the curing of such failure with due diligence; .3 an execution issues against any property of Tenant or any guarantor or indemnifier clause 3.9 and/or 5.1.2 of this Lease and remains outstanding the Landlord has served written notice specifying such breach and the remedial action required by the Tenant and if within a reasonable period (taking account of the breach complained of) the Tenant has not taken steps to remedy such breach or the Tenant is dissolved or struck off or removed from the Register of Companies or otherwise ceases to exist then it is lawful for more than 10 days, the Landlord or any receiver person authorised by the Landlord at any time afterwards to re-enter upon the Property or any part of it in the name of the whole and thereupon the Term absolutely determines without prejudice to any right of action of the Landlord in respect of any property breach of the Tenant's obligations contained in this Lease The Landlord may not exercise the right of re-entry under clause 6.1.1 unless it has given prior notice to the Secretary of State of the breach in respect of which there is a claim against the Tenant and such notice is to contain sufficient detail of the circumstances of the breach to allow the Secretary of State the opportunity to remedy the breach (“the Landlord’s Notice”) The Secretary of State shall within sixty (60) days of receipt of the Landlord’s Notice serve written notice (“Acceptance Notice”) either agreeing or any guarantor or indemnifier refusing to remedy the breaches specified in the Landlord’s Notice and (if applicable) indicating an intention for this Lease to be assigned in accordance with the terms of this Lease is appointedIn the event that the Secretary of State fails to serve an Acceptance Notice within sixty (60) days of receipt of the Landlord’s Notice it will be deemed to refuse to remedy the breaches specified in the Landlord’s Notice, and the Landlord may exercise the right of re-entry under clause 6.1.1 In the event that the Secretary of State serves an Acceptance Notice the Secretary of State will be deemed to be agreeing to remedy all the breaches specified in the Landlord’s Notice or Tenant take or any guarantor or indemnifier procure an assignment of this Lease becomes in accordance with the terms of this Lease Following service of an Acceptance Notice the Secretary of State (as appropriate) will have a reasonable length of time (or such longer period as may be agreed between the parties acting reasonably) to: take steps to remedy the breaches specified in the Landlord’s Notice to the Landlord’s reasonable satisfaction and (if applicable); or accept or procure an assignment to the Secretary of State or his or her nominee of the residue of the term of this Lease in accordance with its terms during which time the Landlord will not be able to exercise the right of re-entry under clause 6.1.1 If the Secretary of State (as appropriate) fails to remedy the breaches to the Landlord’s reasonable satisfaction or accept or procure an assignment of this Lease in accordance with the terms of this Lease in the time period specified in clause 6.1.6 the Landlord may exercise the right of the re-entry under clause 6.1.1 Any dispute between the Landlord and the Tenant about whether the breaches specified in the Landlord’s Notice have been adequately remedied or whether an assignment has been accepted or procured in accordance with the terms of this Lease are to be dealt with pursuant to clause 12 of this Lease The Landlord's right to forfeit this Lease is not affected by any acceptance of or demand for rent or any action which would affirm this Lease by the Landlord with knowledge of a breach of any of the Tenant's covenants contained in this Lease and the Tenant is not in any proceedings for forfeiture or otherwise entitled to rely upon any such acceptance demand or affirmation as aforesaid as a defence provided that this provision only applies to any acceptance of or demand for rent or affirmation of this Lease made during such period as may in all the circumstances be reasonable for enabling the Landlord to conduct negotiations with the Tenant for remedying the breach Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962 applies to all notices which may require to be served under the terms of this Lease except that section 196 is deemed to be amended as follows:- the final words of section 196(4) "and that service ………. be delivered" are deleted and there is substituted "and that service is deemed to have been made on the third working day after the registered letter has been posted" and "working day" means any day from Monday to Friday (inclusive) other than Christmas Day Good Friday and any statutory or bank holiday; any notice or document is also sufficiently served if sent by telephonic facsimile transmission to the party to be served and that service is deemed to be made on the day of transmission if transmitted before 4.00pm on a working day but otherwise on the next following working day; if the party to whom any notice to be served consists of more than one person the service of notice upon one of such persons constitutes service upon all of them; any notice to be given by a party may be given by that party's solicitor or agent and when addressed to a party is not rendered invalid by reason of that party having died become insolvent or makes application for relief from creditors under changed name whether or not the provisions party serving notice is aware 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 insolvent, or any action, steps or proceedings whatever, are taken with a view to the winding up, dissolution or liquidation of 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 Tenant or any guarantor or indemnifier of this Lease;fact

Re-entry. It is a condition of this Lease that when: .1 Tenant fails to pay when due any Rent, whether lawfully demanded or not; .2 Tenant is in default of any of its covenants, obligations or agreements under this Lease (other than its covenant to pay Rent) and such default has continued for a period of 10 consecutive days (or such shorter period set out in Landlord’s notice as may be reasonable in the circumstances) after notice by Landlord to Tenant specifying with 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 10 day period, if Tenant has failed to proceed promptly to cure the same or has thereafter failed to prosecute the curing of such failure with due diligence; ; .3 an any execution issues against any property of Tenant or any guarantor or indemnifier of this Lease and remains outstanding for more than 10 days, or any receiver of any property of Tenant or any guarantor or indemnifier of this Lease is appointed, or 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 insolvent, or any action, steps or proceedings whatever, are taken with a view to the winding up, dissolution or liquidation of 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 Tenant or any guarantor or indemnifier of this Lease; .4 any insurance policy is cancelled or not renewed by any insurer by reason of any particular use or occupation of the Premises; .5 the Premises have been abandoned, or have become vacant or have remained unoccupied for a period of 5 consecutive days without the consent of Landlord or the Premises have been used or occupied by any other person or persons other than Tenant or any person permitted by Part 9 hereof; or .6 Tenant or any Related Corporation is in default of any of its covenants, obligations or agreements under any lease or other written agreement between it and Landlord (as owner or as manager) or any company which is a Related Corporation to Landlord and such default shall have continued for such period of time that Landlord’s (or such Related Corporation) remedies have become exercisable thereunder; .7 a receiver, interim receiver, trustee, liquidator or a receiver and manager is appointed for all or part of Tenant Property or business or of an Indemnifier’s, occupant’s, licensee’s, concessionaire’s or franchisee’s property or business; or

Re-entry. It is a condition of this Lease In the event that when: .1 Tenant fails to pay when due any Rent, whether lawfully demanded or not; .2 Tenant is the Lessee shall be in default of any or its covenants hereunder including the covenant of the Lessee to pay rent or additional rent, whether legal demand has been made or not, the Lessor may at its 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 covenants, obligations former estate and the said Lease shall thereupon terminate or agreements under this Lease (other than its covenant itself take steps and do to pay Rent) and or cause to be done such default has continued for a period of 10 consecutive days (or such shorter period set out in Landlord’s notice things as may be reasonable necessary to remedy and correct such defaults, or to re-let the same as agent of the Lessee and claim against the Lessee for damages suffered. Provided further that in the circumstances) after notice by Landlord event that the Lessor shall be entitled to, and shall elect to Tenant specifying make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Lessee of the obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with reasonable particularity the nature of provision hereof shall continue to accrue and be payable until such default and requiring time as the Lessor 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 Lessee 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 Lessor shall have the right to re-enter the demised premises as the agent of the Lessee 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 Lessee and to receive the rent therefor, said rent to be remediedany sum which it may deem reasonable, orto any lessee 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 Lessor may make such changes in the character of the improvements or the demised premises as the Lessor may determine to be appropriate or helpful in effecting such Lease; but in no event shall the Lessor be under any obligation to re-let the demised premises in whole or in part for any purpose which the Lessor may regard as injurious to the demised premises, or to any lessee which the Lessor, 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 Lessee shall remain liable to the Lessor for the deficiency, if any, it being the intention hereof that nothing herein contained and no entry made by reason of the nature thereof, such default cannot be cured by Lessor hereunder shall in no way release the Lessee from the payment of money and cannot with due diligence the rent hereby reserved during the term hereof beyond such sum as may be wholly cured within realized by the Lessor by such 10 day period, if Tenant has failed to proceed promptly to cure re-letting or by the same or has thereafter failed to prosecute the curing of such failure with due diligence; .3 an execution issues against any property of Tenant or any guarantor or indemnifier of this Lease and remains outstanding for more than 10 days, or any receiver proceeds of any property of Tenant or distress made by the Lessor against the Lessee; and provided that the Lessor shall not in any guarantor or indemnifier of this Lease is appointed, or Tenant or event be required to pay to the Lessee any guarantor or indemnifier of this Lease becomes insolvent or makes application for relief from creditors under the provisions surplus of any statute now or hereafter sums received by the Lessor on a re-letting of the demised premises in force or, under excess of 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 insolvent, or any action, steps or proceedings whatever, are taken with a view to the winding up, dissolution or liquidation of 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 Tenant or any guarantor or indemnifier of this Lease;rent reserved hereunder.

Re-entry. It is To re-enter the Premises and remove all persons and all or any property therefrom, either by summary dispossessory proceedings, ejectment or by any suitable action or proceeding at law, without being liable to indictment, prosecution or damages therefore, except for the negligent, willful or wanton acts or omissions of the Landlord, its agents, employees, representatives, licensees or invitees, and repossess and enjoy the Premises, together with all additions, alterations and improvements. Upon recovering possession of the Premises by reason of or based upon or arising out of a condition material default on the part of Tenant, Landlord may, at Landlord's option, either terminate this Lease that when: .1 Tenant fails to pay when due any Rent, whether lawfully demanded or not; .2 Tenant is in default of any of its covenants, obligations or agreements under this Lease (other than its covenant to pay Rent) make such alterations and such default has continued for a period of 10 consecutive days (or such shorter period set out in Landlord’s notice repairs as may be reasonable necessary in order to relet, and may relet, the circumstances) after Premises or any part or parts thereof, without notice by Landlord to Tenant specifying with reasonable particularity Tenant, for a term or terms which may at Landlord's option be less than or exceed the nature of such default and requiring period which would otherwise have instituted the same to be remedied, or, if by reason balance of the nature thereof, such default cannot be cured by the payment of money and cannot with due diligence be wholly cured within such 10 day period, if Tenant has failed to proceed promptly to cure the same or has thereafter failed to prosecute the curing of such failure with due diligence; .3 an execution issues against any property of Tenant or any guarantor or indemnifier Term of this Lease and remains outstanding at such rent or rents and upon such other terms and conditions as in Landlord's sole and absolute discretion may seem advisable but within the then fair rentable value of the Premises 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, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees and reasonable attorney's fees and all costs of such alterations and repairs; third, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord and 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 paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Premises or the making of alternations and/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 more than 10 daysfailure after diligent attempts to relet the Premises or, in the event that the Premises or any receiver part or parts thereof are relet, for failure to collect the rent after reasonable efforts to collect such rent thereof under such reletting. Tenant, for Tenant and Tenant's successors and assigns, hereby irrevocably constitutes and appoints Landlord as Tenant's agent to collect the rents due and to become due under all subleases of any property of Tenant the Premises or any guarantor parts thereof without in any way affecting Tenant's obligation to pay any unpaid balance of rent due or indemnifier of to become due hereunder. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease is appointed, or 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 insolvent, or any action, steps or proceedings whatever, are taken with a view to the winding up, dissolution or liquidation of 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 Tenant or any guarantor or indemnifier of this Lease;such previous breach.