Common use of Tenant’s Default Clause in Contracts

Tenant’s Default. The occurrence of any of the following shall constitute a default and breach of this Lease by Tenant: (i) Tenant's failure to pay the Base Monthly Rent including additional rent or any other payment due under this Lease within five (5) business days after receipt by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure to observe and perform any other required provision of this Lease, where such failure continues for thirty (30) days after written notice from Landlord; provided, however, that if the nature of the default is such that it cannot reasonably be cured within the 30-day period, Tenant shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completion; (iv) Tenant's making of any general assignment for the benefit of creditors; (v) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) days.

Tenant’s Default. The occurrence of A default under this Lease by Tenant shall exist if any of the following shall constitute a default and breach occurs: (i) If Tenant fails to pay Rent or any other sum required to be paid hereunder when due; or (ii) If Tenant fails to perform any term, covenant or condition of this Lease by Tenant: except those requiring the payment of money, and Tenant fails to cure such breach within twenty (i) Tenant's failure to pay the Base Monthly Rent including additional rent or any other payment due under this Lease within five (5) business days after receipt by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure to observe and perform any other required provision of this Lease, where such failure continues for thirty (3020) days after written notice from LandlordLandlord where such breach could reasonably be cured within such twenty (20) day period; provided, however, that if the nature of the default is where such that it canfailure could not reasonably be cured within the 30-twenty (20) day period, ; that Tenant shall not be deemed in default if it commences such performance within such the twenty (20) day period to cure, and diligently thereafter diligently prosecutes the same to completion; or (iviii) Tenant's making of any general assignment If Tenant assigns its assets for the benefit of its creditors; or (iv) If the sequestration or attachment of or execution on any material part of Tenant’s Personal Property essential to the conduct of Tenant’s business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or (v) If a court makes or enters any decree or order other than under the filing by bankruptcy laws of the United States adjudging Tenant to be insolvent; or against Tenant of approving as properly filed a petition to have Tenant adjudged a bankrupt or of a petition for seeking reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (6030) days.

Tenant’s Default. The occurrence of any of the following shall constitute a default and breach (a) Tenant will be in “Default” of this Lease by Tenant: if Tenant either: (i1) Tenant's failure Fails to pay Rent when due, and the Base Monthly Rent including additional rent or any other payment due under this Lease within failure continues for five (5) business days after receipt by Landlord notifies Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when due, this failure (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure to observe and perform Tenant waiving any other notice that may be required provision by law); (2) Fails to perform or comply with a non-monetary Lease obligation of this LeaseTenant (other than those obligations described in §15.1(a)(3) through (5), where such below), and the failure continues for thirty (30) days after written notice from Landlord; provided, however, that if the nature of the default is such that it cannot reasonably be cured within the 30-day period, Tenant shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completion; (iv) Tenant's making of any general assignment for the benefit of creditors; (v) the filing by or against Landlord notifies Tenant of this failure, but: (A) In an emergency Landlord may require Tenant to perform this obligation in a petition reasonable time of less than thirty (30) days, or (B) If it will reasonably take more than thirty (30) days to perform this obligation, then Tenant will have a reasonable time not exceeding ninety (90) additional days to perform this obligation, but only if Tenant adjudged commences performing this obligation within ten (10) days after Landlord notifies Tenant of this failure; (3) Consummates a bankrupt Transfer that materially violates Article 13; (4) Fails, within thirty (30) days after Tenant has notice, to discharge any attachment or of a petition for reorganization or arrangement under any law relating to bankruptcy levy on Tenant’s interest in this Lease; or (unless5) Fails, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the it occurs, to have vacated or dismissed any appointment of a receiver or trustee or receiver to take possession of substantially all of Tenant's ’s assets located at (or any Lease guarantor’s assets), or any voluntary or involuntary bankruptcy or assignment for the Premises or benefit of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty ’s creditors (60) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) daysany Lease guarantor’s creditors).

Tenant’s Default. The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant: (i) Tenant's ’s failure to pay the Base Monthly Rent including additional rent or any other payment due under this Lease within by the date such amount is due, where such failure continues for five (5) business days after receipt by Tenant Landlord’s delivery of written notice from Landlord that such Base Monthly Rent or other payment was not received when duenotice, (ii) the abandonment of the Premises by TenantTenant for a consecutive period of ninety (90) days or longer; (iii) Tenant's ’s failure to observe and perform any other required provision of this Lease, where such failure continues for thirty (30) days after written notice from Landlord; provided, however, that if the nature of the default is such that it cannot reasonably be cured within the 30-day period, Tenant shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completion; (iv) Tenant's ’s making of any general assignment for the benefit of creditors; (v) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's ’s assets located at the Premises or of Tenant's ’s interest in this Lease, where possession is not restored to Tenant within sixty thirty (6030) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's ’s assets located at the Premises or of Tenant's ’s interest in this Lease, where such seizure is not discharged within sixty thirty (6030) days.

Tenant’s Default. The occurrence of any one of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant: Tenant (i“Default”): (a) Tenant's failure Intentionally omitted; (b) Failure to pay the Base Monthly any installment of Rent including additional rent or any other payment monies due under this Lease within and payable hereunder, said failure continuing for a period of five (5) business days after receipt by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure to observe and perform any other required provision of this Lease, where such failure continues for thirty (30) days after written notice from Landlord; provided, however, that if the nature of the default is such that it cannot reasonably be cured within the 30-day period, Tenant shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completion; is past due; (ivc) Tenant's making of any A general assignment by Tenant for the benefit of creditors; ; (vd) the The filing by or against Tenant of a voluntary petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to in bankruptcy (unless, in the case of a petition filed against by Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the appointment filing of a trustee voluntary petition for an arrangement, the filing of a petition, voluntary or receiver to take possession involuntary, for reorganization, or the filing of substantially all an involuntary petition by Tenant’s creditors, said involuntary petition remaining undischarged for a period of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or ; (viie) the Receivership, attachment, execution or other judicial seizure of substantially all of Tenant's ’s assets located at on the Premises, such attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof; (f) Failure of Tenant to execute and deliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraph 29 or 30 or 39. (g) An assignment of this Lease or sublease of the Premises by Tenant contrary to the provision of Paragraph 23, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord’s consent thereto; (h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above; (i) Failure in the performance of any of Tenant's interest ’s covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs or this Paragraph 24, which shall be governed by such other Paragraphs), which failure continues for ten (10) calendar days after written notice thereof from Landlord to Tenant provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such ten (10) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and (j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. “Chronic delinquency” shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord’s other remedies for Default provided in this Lease, where such seizure is at Landlord’s option, Landlord shall have the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 24(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not discharged within sixty (60) daysbe required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.

Tenant’s Default. The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant: (i) Tenant's ’s failure to pay the Base Monthly Rent including additional rent or any other payment due under this Lease within five by the date such amount is due where such failure continues for three (53) business days after Tenants receipt by Tenant of written Landlord’s notice from Landlord that such Base Monthly Rent or other payment was not received when duereceived, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's ’s failure to observe and perform any other required provision of this Lease, where such failure continues for thirty (30) days after written notice from Landlord; provided, however, that if the nature of the default is such that it cannot reasonably be cured within the 30-day period, Tenant shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completion; (iv) Tenant's ’s making of any general assignment for the benefit of creditors; (v) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's ’s assets located at the Premises or of Tenant's ’s interest in this Lease, where possession is not restored to Tenant within sixty thirty (6030) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's ’s assets located at the Premises or of Tenant's ’s interest in this Lease, where such seizure is not discharged within sixty thirty (6030) days; or (viii) the occurrence of any other event described as a default elsewhere in this Lease or any amendment thereto regardless of whether such event is defined as a material default and breach of this Lease in this Paragraph 13.

Tenant’s Default. The occurrence of A default under this Lease by Tenant shall exist if any of the following events shall constitute occur (a default and breach of this Lease by Tenant: (i) Tenant's failure “Default”): 25.1.1 If Tenant fails to pay the Base Monthly Rent including additional rent or any other payment due under this Lease sum required to be paid hereunder within five three (53) business days after receipt by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure to observe and perform any other required provision of this Lease, where such failure continues for thirty (30) days after written notice from Landlord; provided, however, that if any such notice given pursuant to the nature requirements of Section 1161 of the default is California Code of Civil Procedure regarding unlawful detainer actions shall be deemed to be in lieu of, and not in addition to, any notice that may be required hereunder; or 25.1.2 If Tenant shall have failed to perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that it canwhere such failure could not reasonably be cured within the thirty (30-) day period, that Tenant shall not be deemed in default if it commences such performance within such the thirty (30) day period to cure, and diligently thereafter diligently prosecutes the same to completion; (iv) Tenant's making of any general assignment or 25.1.3 If Tenant assigns its assets for the benefit of its creditors; (v) or 25.1.4 If a court shall make or enter any decree or order other than under the filing by bankruptcy laws of the United States adjudging Tenant to be insolvent; or against Tenant of approving as properly filed a petition to have Tenant adjudged a bankrupt or of a petition for seeking reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (6030) days.

Tenant’s Default. The occurrence of any Each of the following events shall constitute a default and breach be an “Event of this Lease by Tenant: Default” hereunder: (ia) Tenant's ’s failure to pay the Base Monthly when due any installment of Rent including additional rent or any other payment due under this Lease within five (5) business days after receipt by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure to observe and perform any other required provision of this Lease, where such failure continues for a period of thirty (30) days after the due date. (b) Tenant’s failure to perform or observe any other covenant, condition or other obligation of Tenant and such failure continues for a period of thirty (30) days after Landlord gives Tenant written notice from Landlord; providedthereof. Notwithstanding the foregoing, however, that if the nature of the default is such that it a cure cannot reasonably be cured effected within the 30-day period and Tenant begins the cure and is pursuing such cure in good faith and with diligence and continuity during the 30-day period, then Tenant shall not be deemed in default if it commences within have such period additional time as is reasonably necessary to effect such cure. (c) The Premises become vacant and abandoned for greater than two (2) months. (d) At Landlord’s option, and thereafter diligently prosecutes the same to completion; (iv) Tenant's making occurrence of any general of the following: (i) the appointment of a receiver to take possession of all or substantially all of the assets of Tenant or the Premises; (ii) an assignment by Tenant for the benefit of creditors; ; (viii) the filing of any voluntary petition in bankruptcy by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, or the same is dismissed within sixty filing of any involuntary petition by Tenant’s creditors; (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (viiiv) the attachment, execution or other judicial seizure of all or substantially all of Tenant's ’s assets located at or the Premises Premises; (v) the admission of Tenant in writing of its inability to pay its debts as they become due; (vi) the filing by Tenant of any answer admitting or failing timely to contest a material allegation of Tenant's interest a petition filed against Tenant in this Leaseany proceeding seeking reorganization, where such seizure is not discharged within sixty (60) days.arrangement, composition, readjustment, liquidation or dissolution of Tenant or similar relief;

Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant: (i) Tenant's failure to pay the Base Monthly Rent including additional rent . 22A. The vacating or any other payment due under this Lease within five (5) business days after receipt by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's . 22B. The failure of Tenant to observe and perform make any payment of rent or any other payment required provision of this Leaseto be made by Tenant hereunder, as and when due, where such failure continues shall continue for a period of three (3) days after written notice thereof by Landlord to Tenant. 22C. The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Tenant, other than described in Article 22B, above, where such failure shall continue for a period of thirty (30) days after written notice from Landlordhereof by Landlord to Tenant; provided, however, that if the nature of the Tenant's default is such that it cannot reasonably be cured within the more than thirty (30-day period, Tenant shall not be deemed in default if it commences within such ) days period to cure, and thereafter diligently prosecutes the same such cure to completion; (iv) Tenant's . 22D. The making by Tenant of any general assignment or general arrangement for the benefit of creditors; (v) or the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt bankrupt, or of a petition for or reorganization or arrangement under any law relating to bankruptcy (unless, unless in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing)days; (vi) or the appointment of a trustee or a receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty thirty (6030) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty in thirty (6030) days.

Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant: : (ia) Tenant's The failure by Tenant to pay the Base Monthly Rent including additional make any payment of rent or any other payment due under this Lease within five (5) business days after receipt required to be made by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received hereunder, as and when due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure to observe and perform any other required provision of this Lease, where such failure continues shall continue for thirty a period of ten (3010) days. (b) The failure by Tenant to comply with the provisions of Article X hereof where such failure shall continue for a period of ten (10) days after written notice from Landlordthereof by Owner to Tenant. (c) The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Tenant, other than described in Sections 15.1 (a) and (b) above, where such failure shall continue for a period of twenty (20) days after written notice hereof by Owner to Tenant; provided, however, however that if the nature of the Tenant's default is such that it cannot more than twenty (20) days are reasonably be cured within the 30-day periodrequired for its cure, then Tenant shall not be deemed to be in default if it Tenant commences such cure within such said twenty (20) day period to cure, and thereafter diligently prosecutes the same such cure to completion; . (ivd) Tenant's The making by Tenant of any general assignment or general arrangement for the benefit of creditors; (v) , or the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unlessor insolvency, unless in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing)days; (vi) or the appointment of a trustee or a receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty thirty (6030) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty thirty (6030) days.

Tenant’s Default. The occurrence of any of In the following shall constitute a default and breach of this Lease by Tenantevent the Tenant shall: (ia) Tenant's failure fail to pay the Base Monthly Rent including additional rent herein reserved as and when they shall become due hereunder; or (b) fail to perform any other payment due under this Lease within promise, duty or obligation herein agreed to by him/her or imposed upon him/her by law and such failure shall continue for a period for five (5) business days after receipt by from the date the Landlord provides Tenant of with written notice from Landlord that of such Base Monthly Rent failure, then in either of such events and as often as either of them may occur, the Landlord, in addition to all other rights and remedies provided by law, may at its option and with or other payment was not received when duewithout notice to Tenant, either (i) terminate his/her agreement or (ii) terminate the abandonment Tenant’s right to possession of the Premises by without terminating his/her agreement. Regardless of whether Landlord terminates his/her agreement or only terminates the Tenant; (iii) Tenant's failure ’s right of possession without terminating his/her agreement, Landlord shall be immediately entitled to observe and perform any other required provision of this Lease, where such failure continues for thirty (30) days after written notice from Landlord; provided, however, that if the nature possession of the default is such that it cannot reasonably Premises and the Tenant shall peacefully surrender possession of the Premises to Landlord immediately upon Landlord’s demand. In the event Landlord terminates his/her agreement, all further rights and duties hereunder shall terminate and Landlord shall be cured within entitled to collect from Tenant all accrued but unpaid rents and any damages resulting from the 30-day periodTenant’s breach. In the event the Landlord terminates the Tenant’s right of possession without terminating his/her agreement, Tenant shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completion; (iv) Tenant's making of any general assignment remain liable for the benefit full performance of creditors; (v) all the filing by covenants hereof. In the event Landlord institutes a legal action against the Tenant to enforce the agreement or against to recover any sums due hereunder, Tenant of a petition agrees to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating pay Landlord reasonable attorney’s fees in addition to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) daysdamages.

Tenant’s Default. The occurrence of any of the following shall constitute a default by Tenant: 17.1.1. Failure to pay rent within five business (5) days after it is due and breach after Tenant receives written notice of non-payment from Landlord. 17.1.2. The filing of a petition by or against Tenant (the term “Tenant” shall include, for the purpose of this Lease by Section 17.1.2, any guarantor of Tenant: ’s obligations hereunder) (i) Tenant's failure to pay the Base Monthly Rent including additional rent or in any other payment due under this Lease within five (5) business days after receipt by Tenant of written notice from Landlord that such Base Monthly Rent bankruptcy or other payment was not received when due, insolvency proceeding; (ii) the abandonment of the Premises by Tenantseeking any relief under any state or federal debtor relief law; (iii) for the appointment of a liquidator or receiver for all or substantially all of Tenant's ’s property or for Tenant’s interest in this Lease; or (iv) for the reorganization or modification of Tenant’s capital structure; however, if such a petition is filed against Tenant, then such filing shall not be a default unless Tenant fails to have the proceedings initiated by such petition dismissed within 90 days after the filing thereof. 17.1.3. Tenant abandons or vacates the Premises or any substantial portion thereof. 17.1.4. The failure of Tenant to observe and perform any other required provision of this Lease, where such other than the payment of rent, if the failure continues for to perform is not cured within thirty (30) days after written notice from Landlordhas been given by Landlord to Tenant; provided, however, that Tenant shall not be in default if the nature of the default is such that it cannot reasonably be cured within thirty (30) days and Tenant commences to cure within such thirty (30) day period and diligently and in good faith continues to cure the 30-day perioddefault but in no event shall such cure period extend beyond ninety (90) days, Tenant shall not otherwise it will be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completion; (iv) Tenant's making of any general assignment for the benefit of creditors; (v) the filing by or against Tenant of as a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) daysnon-monetary default.

Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this the Lease by Tenant: . (ia) Tenant's The failure by Tenant to pay the Base Monthly Rent including additional make any payment of rent or any other payment due under this Lease within five (5) business days after receipt required to be made by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received hereunder, as and when due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure to observe and perform any other required provision of this Lease, where such failure continues shall continue for a period of ten days after written notice thereof by Landlord to Tenant. (b) The failure by Tenant to observe or perform any of the covenants, conditions, or provisions of this lease to be observed or performed by the Tenant, other than those set forth in Paragraph 22(b), where such failure shall continue for a period of thirty (30) days after written notice from Landlord; providedare reasonably required for its cure, however, that if the nature of the default is such that it cannot reasonably be cured within the 30-day period, then Tenant shall not be deemed to DB DG -------- ------ LANDLORD TENANT be in default if it Tenant commences such cure within such said thirty (30) day period to cure, and thereafter diligently prosecutes the same such cure to completion; . (ivc) Tenant's The making by Tenant of any general assignment or general arrangement for the benefit of creditors; (v) or the filing by or against Tenant of a petition petitioning to have Tenant adjudged a bankrupt bankrupt, or of a petition for or reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing)days; (vi) or the appointment of a trustee or a receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty thirty (6030) days; or (vii) the attachment, execution execution, or other judicial seizure of substantially all of Tenant's assets located at as the Premises or of Tenant's interest in this Leaselease, where such seizure is not discharged within sixty thirty (6030) days.

Tenant’s Default. The occurrence of any of the following shall constitute a default and breach of this Lease by Tenant: (i) Tenant's failure Tenant agrees to pay the Base Monthly Rent including additional rent or any other payment due under this Lease within five (5) business days after receipt and the Additional Rent at the time, in the amount and in the manner herein described. Any one of the following events shall be deemed a default by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure to observe and perform any other required provision a breach of this Lease, namely: a) If Tenant fails to pay any installment of Base Rent or to pay any Additional Rent (except where non-payment is authorized by Section 5); or b) If Tenant fails to observe or perform any of the other terms, covenants or conditions of this Lease other than paying rents when due, and such failure continues for after the expiration of thirty (30) days after from the date Landlord gives written notice from Landlord; providedto Tenant calling attention to the existence of such failure, provided however, that if the nature of the default is such that it Tenant cannot reasonably be cured correct the default (other than non-payment) within the said thirty (30-) day period, Tenant shall not be deemed in default if it commences within such given a reasonable period of time to cure, and thereafter diligently prosecutes correct the same to completiondefault; (ivor c) Tenant's making If Tenant is declared bankrupt or insolvent by judicial decree; or d) If Tenant takes the benefit of any federal reorganization or composition proceedings; or e) If Tenant makes a general assignment for the benefit of creditors; (vor f) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against If Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's ’s Leasehold interest in this LeaseLease is sold under any process of law, or g) If a trustee in bankruptcy or a receiver is appointed or elected for the Tenant; or h) If Tenant abandons the Leased Property and fails to pay any installment of Base Rent or to pay any Additional Rent (except where possession non-payment is not restored to Tenant within sixty (60authorized by Section 5); or i) days; or (vii) the attachmentIf any materialman’s, execution mechanic’s or other judicial seizure lien is filed against the Leased Property in connection with any improvements, alterations or additions made by Tenant, and Tenant permits the lien or liens to stand against the Leased Property, not securing the discharge of substantially all the Leased Property from such liens by filing an appropriate bond within thirty (30) days from date of Tenant's assets located at lien filing, pursuant to applicable law. Should Tenant file a bond and elect to contest the Premises lien or liens, no default shall be in effect pending final legal determination of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) daysthe disputed lien.

Tenant’s Default. The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant: (i) Tenant's ’s failure to pay the Base Monthly Rent including additional rent or any other payment due under this Lease within five by the date such amount is due where such failure continues for three (53) business days after Tenants receipt by Tenant of written Landlord’s notice from Landlord that such Base Monthly Rent or other payment was not received when duereceived, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's ’s failure to observe and perform any other required provision of this Lease, where such failure continues for thirty (30) days after written notice from Landlord; provided, however, that if the nature of the default is such that it cannot reasonably be cured within the 30-day period, Tenant shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completion; (iv) Tenant's ’s making of any general assignment for the benefit of creditors; (v) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's ’s assets located at the Premises or of Tenant's ’s interest in this Lease, where possession is not restored to Tenant within sixty thirty (6030) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's ’s assets located at the Premises or of Tenant's ’s interest in this Lease, where such seizure is not discharged within sixty thirty (6030) days; or (viii) the occurrence of any other event described as a default elsewhere in this Lease or any amendment thereto regardless of whether such event is defined as a material default and breach of this Lease in this Paragraph 13; or (ix) Tenant defaults under the terms of the Lease dated July 10, 2007 for Building 1;.

Tenant’s Default. The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant: (i) Tenant's ’s failure to pay the Base Monthly Rent including additional rent or any other payment due under this Lease within Lease, where such failure to pay continues for five (5) business days after receipt by Tenant of written notice from thereof by Landlord that such Base Monthly Rent or other payment was not received when dueto Tenant, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's ’s failure to observe and perform any other required provision of this Lease, where such failure continues for thirty (30) days after written notice from Landlord; Landlord provided, however, that if the nature of the default is such that it cannot reasonably be cured within the 30-day period, Tenant shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completion; (iv) Tenant's ’s making of any general assignment for the benefit of creditors; (v) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's ’s assets located at the Premises or of Tenant's ’s interest in this Lease, where possession is not restored to Tenant within sixty thirty (6030) days; days or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's ’s assets located at the Premises or of Tenant's ’s interest in this Lease, where such seizure is not discharged within sixty thirty (6030) days.

Tenant’s Default. The occurrence of any Each of the following shall constitute constitutes an event of default (a default and breach of this Lease by Tenant: “Default”): (i) Tenant's ’s failure to pay the Base Monthly any Rent including additional rent or any other payment due under this Lease within five seven (57) business days after receipt by Tenant of receives written notice of nonpayment from Landlord that such Base Monthly Rent or other payment was not received when due, Landlord; (ii) the abandonment of the Premises by Tenantintentionally omitted; (iii) Tenant's ’s failure to maintain the insurance required by Section 5; (iv) Tenant’s failure to perform or observe and perform any other required provision Tenant obligation after a period of this Lease, where such failure continues for thirty (30) days or the additional time, if any, that is reasonably necessary to promptly and diligently cure the failure, after written it receives notice from Landlord; provided, however, that if Landlord setting forth in reasonable detail the nature and extent of the default is such that it cannot reasonably be cured within failure and identifying the 30-day period, Tenant shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completionapplicable Lease provision(s); (ivv) Tenant's making ’s abandoning or vacating the Premises; (vi) Tenant’s failure to vacate or stay the filing of any general a petition in bankruptcy by or against Tenant, the adjudication of Tenant as bankrupt or insolvent, the judicial appointment of a receiver, trustee, or liquidator for all or a substantial part of Tenant’s property, or an assignment by Tenant for the benefit of creditors; (v) . Before declaring Tenant to be in default by reason of the filing by or against foregoing, Landlord shall provide written notice to Tenant and Tenant shall then have an opportunity to cure the default within the period of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unlesstime set forth above, measured from the time such notice is served upon the Tenant. In each instance in this Lease in which the case of a petition filed against words "Tenant's default", the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all "default", "default of Tenant's assets located at " or words of similar import appear, it shall be deemed that the Premises or words "beyond the expiration of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) daysany applicable grace and notice periods" be added thereafter.

Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant: (i) Tenant's failure to pay the Base Monthly Rent including additional rent : A. The vacating or any other payment due under this Lease within five (5) business days after receipt by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's . B. The failure by Tenant to make any payment or rent or any other payment required to be made by Tenant hereunder, as and when due. C. The failure by Tenant to observe and or perform any other required provision of the covenants, conditions or provisions of this LeaseLease to be observed or performed by the Tenant, other than described in B, above, where such failure continues shall continue for thirty a period of fifteen (3015) days after written notice from Landlordthereof by Landlord to Tenant; provided, however, that if the nature of the Tenant's default is such that it cannot more than fifteen (15) days are reasonably be cured within the 30-day periodrequired for its cure, then Tenant shall not be deemed to be in default if it Tenant commences such cure within such said fifteen (15) days period to cure, and thereafter diligently prosecutes the same such cure to completion; (iv) Tenant's . D. The making by Tenant of any general assignment or general arrangement for the benefit of creditors; (v) or the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt bankrupt, or of a petition for or reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filingdays); (vi) or the appointment of a trustee or a receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty thirty (6030) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Leased Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty in thirty (6030) days.

Tenant’s Default. The occurrence of (a) If at any time any one or more of the following events (herein referred to as a “Default of Tenant”) shall constitute a default and breach of this Lease by Tenant: occur: (i) Tenant's failure Tenant shall fail to pay the Base Monthly Rent including additional make payment of rent or any other payment monetary amount due under this Lease lease within five (5) business days after receipt Landlord has sent to Tenant notice of such default. However, if: (A) Landlord shall have sent to Tenant a notice of such default, even though the same shall have been cured and this Lease not terminated; and (B) during the lease year in which said notice of default has been sent by Landlord to Tenant, Tenant thereafter shall default in any monetary payment, the same shall be deemed to be a Default of Tenant upon Landlord giving Tenant written notice from Landlord that such Base Monthly Rent or other payment was not received when duethereof, within the five (5) day grace period set forth above; or (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure Tenant shall fail to perform or observe and perform any other required covenant or provision of this Lease, where such failure continues for herein contained on Tenant’s part to be performed or observed and Tenant shall fail to remedy the same within thirty (30) days after written notice from Landlord; providedto Tenant specifying such neglect or failure, howeveror, if such failure is of such a nature that if the nature of the default is such that it Tenant cannot reasonably be cured remedy the same within the such thirty (30-) day period, Tenant shall not be deemed in default if it commences within such period fail to cure, and thereafter diligently prosecutes commence promptly to remedy the same and to completion; prosecute such remedy to completion with diligence and continuity. However, if (ivA) Tenant's making Landlord shall have sent to Tenant two notices of any general assignment for the benefit of creditors; (v) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unlesssuch default, in the case of a petition filed against Tenant, even though the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in shall have been cured and this Lease, where possession Lease is not restored to Tenant within sixty (60) daysterminated; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) days.and

Tenant’s Default. The occurrence of any one or more of the following events (each, an “Event of Default”) shall constitute a default and breach of this Lease by Tenant: : (ia) Tenant's failure Tenant fails to pay the Base Monthly any Rent including additional rent or any other payment when due under this Lease within and such failure continues for five (5) business days after receipt by or more following Landlord's notice of such failure. (b) Tenant of written notice from Landlord that such Base Monthly Rent fails to perform its obligations under Section 16 (Subordination), Section 17 (Assignment and Sublease), Section 19 (Estoppel Certificate) or other payment was not received when dueSection 28 (Hazardous Substances). (c) Tenant (i) abandons the Premises, or (ii) the abandonment of vacates the Premises by Tenant; without providing a commercially reasonable level of security, or without providing reasonable assurances to minimize potential vandalism. (iiid) Tenant's failure Tenant fails to observe and perform any obligation to Landlord under this Lease other required provision of this Leasethan those described in Sections 12.1(a), where 12.1(b) or 12.1(c) above, and such failure continues for thirty ten (3010) days after written notice from Landlord or Landlord; provided's agent, however, except that if Tenant begins to cure its failure within the nature of the default is such that it ten (10) day period but cannot reasonably be cured complete its cure within the 30-day such period, then, so long as Tenant continues to diligently attempt to cure its failure, the ten (10) day period shall not be deemed in default if it commences within extended to sixty (60) days, or such lesser period as is reasonably necessary to complete the cure, and thereafter diligently prosecutes . (e) One of the same to completion; following credit defaults occurs: (ivi) Tenant (or any guarantor of Tenant's making obligations hereunder) commences any proceeding under any law relating to bankruptcy, insolvency, reorganization or relief of debts, or seeks appointment of a receiver, trustee, custodian or other similar official for the Tenant (or the guarantor) or for any substantial part of its property, or any such proceeding is commenced against Tenant (or the guarantor) and either remains undismissed for a period of thirty (30) days or results in the entry of an order for relief against Tenant (or the guarantor) which is not fully stayed within seven (7) days after entry; (ii) Tenant (or any guarantor of Tenant's obligations hereunder) becomes insolvent or bankrupt, does not generally pay its debts as they become due, or admits in writing its inability to pay its debts, or makes a general assignment for the benefit of creditors; ; (viii) Any third party obtains a levy or attachment under process of law against Tenant's leasehold interest. (f) Tenant fails to cure any default under the filing Other Lease (as defined in Section 1.4 above), within any applicable times permitted under the Other Lease (and any Event of Default under this Lease shall, at Landlord's election, constitute a default under the Other Lease). Tenant acknowledges and agrees that, notwithstanding the foregoing provisions of this Section 12, Tenant shall be in default for purposes of Section 1161 of the California Code of Civil Procedure immediately following Tenant's failure to perform or comply with any covenants, agreements, terms or conditions of this Lease to be performed or observed by or against Tenant of a petition Tenant, including, without limitation, Tenant's failure to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement pay Rent when due, and that any notices required to be given by Landlord under any law relating to bankruptcy (unlessthis Section 12 shall, in each case, be in lieu of, and not in addition to, any notice required under Section 1161 of the case California Code of a petition filed against TenantCivil Procedure, and shall be deemed to satisfy the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver requirement, if any, that notice be given pursuant to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) dayssection.

Tenant’s Default. The occurrence following events shall be deemed to be events of any of the following default (herein so called, whether one or more) by Tenant under this Lease: (A) Tenant shall constitute a default and breach of this Lease by Tenant: (i) Tenant's failure fail to pay the Base Monthly Rent including additional rent or when due any other payment due under this Lease within five (5) business days after receipt by Tenant of written notice from Landlord that such Base Monthly Basic Rent or other payment was not received when due, (ii) the abandonment of the Premises sums payable by Tenant; (iii) Tenant's failure to observe Tenant hereunder and perform any other required provision of this Lease, where such failure continues for is not cured within thirty (30) days after written notice from Landlord; provided, however, that if the nature of the default is such that it cannot reasonably be cured within the 30-day period, failure has been delivered to Tenant; (B) Tenant shall not be deemed in default if it commences fail to comply with or observe any other provision of this Lease, and such failure shall continue for a period of thirty (30) days after written notice of such failure is delivered to Tenant (or such longer period as is reasonably necessary to cure such failure, provided that Tenant shall commence the cure of said failure within such thirty (30) day period to cure, and thereafter shall continuously and diligently prosecutes pursue the same to completion; remedy of such failure); (ivC) Tenant's making of any Tenant shall make a general assignment for the benefit of creditors; ; (vD) the filing Any petition shall be filed by or against Tenant under any section or chapter of a the U.S. Bankruptcy Code, as amended, or under any similar law or statute of the United States or any State thereof and such petition to have is not dismissed or stayed within 90 days following the filing thereof; or Tenant shall be adjudged a bankrupt or of a petition insolvent in proceedings filed thereunder; (E) A receiver or trustee shall be appointed for reorganization all or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's the assets located at the Premises of Tenant or any guarantor of Tenant's interest obligations hereunder, or (F) Tenant shall desert or vacate the Leased Premises and Shared Areas in this Lease, where possession is not restored to Tenant within sixty (60) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) daystheir entirety.

Tenant’s Default. The occurrence of any one or more of the following events (each, an "Event of Default") shall constitute a default and breach of this Lease by Tenant: : (ia) Tenant's failure Tenant fails to pay the Base Monthly any Rent including additional rent or any other payment when due under this Lease within and such failure continues for five (5) business days after receipt by or more following Landlord's notice of such failure. (b) Tenant of written notice from Landlord that such Base Monthly Rent fails to perform its obligations under Section 16 (Subordination), Section 17 (Assignment and Sublease), Section 19 (Estoppel Certificate) or other payment was not received when dueSection 28 (Hazardous Substances). (c) Tenant (i) abandons the Premises, or (ii) the abandonment of vacates the Premises by Tenant; without providing a commercially reasonable level of security, or without providing reasonable assurances to minimize potential vandalism. (iiid) Tenant's failure Tenant fails to observe and perform any obligation to Landlord under this Lease other required provision of this Leasethan those described in Sections 12.1(a), where 12.1(b) or 12.1(c) above, and such failure continues for thirty ten (3010) days after written notice from Landlord or Landlord; provided's agent, however, except that if Tenant begins to cure its failure within the nature of the default is such that it ten (10) day period but cannot reasonably be cured complete its cure within the 30-day such period, then, so long as Tenant continues to diligently attempt to cure its failure, the ten (10) day period shall not be deemed in default if it commences within extended to sixty (60) days, or such lesser period as is reasonably necessary to complete the cure, and thereafter diligently prosecutes . (e) One of the same to completion; following credit defaults occurs: (ivi) Tenant (or any guarantor of Tenant's making obligations hereunder) commences any proceeding under any law relating to bankruptcy, insolvency, reorganization or relief of debts, or seeks appointment of a receiver, trustee, custodian or other similar official for the Tenant (or the guarantor) or for any substantial part of its property, or any such proceeding is commenced against Tenant (or the guarantor) and either remains undismissed for a period of thirty (30) days or results in the entry of an order for relief against Tenant (or the guarantor) which is not fully stayed within seven (7) days after entry; (ii) Tenant (or any guarantor of Tenant's obligations hereunder) becomes insolvent or bankrupt, does not generally pay its debts as they become due, or admits in writing its inability to pay its debts, or makes a general assignment for the benefit of creditors; ; (viii) Any third party obtains a levy or attachment under process of law against Tenant's leasehold interest. (f) Tenant fails to cure any default under the filing Other Lease (as defined in Section 1.4 above), within any applicable times permitted under the Other Lease (and any Event of Default under this Lease shall, at Landlord's election, constitute a default under the Other Lease). Tenant acknowledges and agrees that, notwithstanding the foregoing provisions of this Section 12, Tenant shall be in default for purposes of Section 1161 of the California Code of Civil Procedure immediately following Tenant's failure to perform or comply with any covenants, agreements, terms or conditions of this Lease to be performed or observed by or against Tenant of a petition Tenant, including, without limitation, Tenant's failure to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement pay Rent when due, and that any notices required to be given by Landlord under any law relating to bankruptcy (unlessthis Section 12 shall, in each case, be in lieu of, and not in addition to, any notice required under Section 1161 of the case California Code of a petition filed against TenantCivil Procedure, and shall be deemed to satisfy the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver requirement, if any, that notice be given pursuant to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) dayssection.

Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of under this Lease by Tenant: : (ia) the vacation or abandonment of the Premises by Tenant's . Abandonment is herein defined to include, but is not limited to, any absence by Tenant from the Premises for five (5) business days or longer while in default of any other provision of this Lease; (b) the failure by Tenant to pay the Base Monthly Rent including make any payment of rent or additional rent or any other payment due under this Lease within five (5) business days after receipt required to be made by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received hereunder, as and when due, ; (iic) the abandonment of the Premises failure by Tenant; (iii) Tenant's failure Tenant to observe and timely perform any other required provision of those covenants described in Paragraphs 8.2, 15, 22.2 and 27.1 of this Lease, which Paragraphs expressly provide that such failure shall be deemed a default by Tenant under this Lease without any additional notice or cure periods; (d) the failure by Tenant to observe or perform any of the express or implied covenants or provisions of this Lease to be served or performed by Tenant, other than as specified in Subparagraphs 25.1(a), (b) or (c) above, where such failure continues shall continue for thirty a period of ten (3010) days after written notice thereof from LandlordLandlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure, Section 1161 and provided further that if the nature of the Tenant's default is such that it cannot more than ten (10) days are reasonably be cured within the 30-day periodrequired for its cure, then Tenant shall not be deemed to be in default if it commences Tenant shall commence such cure within such said ten (10) day period to cure, and thereafter diligently prosecutes the same prosecute such cure to completion; (iv) Tenant's making of any general assignment for the benefit of creditors; (v) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within which completion shall occur not later than sixty (60) days after from the filing)date of such notice from Landlord; (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) days.and

Tenant’s Default. The occurrence of any one or more of the following shall constitute a material default and breach of this Lease by Tenant: TENANT: (ia) Tenant's TENANT'S failure to pay the Base Monthly Rent, Additional Rent including additional rent or any other payment due sum or sums payable by TENANT hereunder when due, if the failure continues for five (5) days after written notice has been given to TENANT. (b) TENANT'S abandonment of the Premises. (c) TENANT'S failure to perform any obligation under this Lease within five (5) business days after receipt by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure to observe and perform any other required provision of this Lease, where such failure continues for thirty (30) days after written notice from LandlordLANDLORD to TENANT of such failure. (d) TENANT'S failure to commence to perform within thirty (30) days after notice from LANDLORD to TENANT, any obligation hereunder; provided, however, that if the nature of the default TENANT'S obligation is such that it cannot reasonably be cured within the more than thirty (30-day period) days are required for performance, Tenant then TENANT shall not be deemed in default if it TENANT commences performance within such period to cure, thirty (30) days after receipt of notice from LANDLORD and thereafter diligently prosecutes the same such obligation to completion; . (ivI) Tenant's The making by TENANT of any general assignment for the benefit of creditors; (vii) the filing by or against Tenant TENANT of a petition to have Tenant TENANT adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against TenantTENANT, the same is dismissed within sixty (60) days after the filingdays); (viiii) the appointment of a trustee or receiver to take possession of substantially all of Tenant's TENANT'S assets located at the Premises or of Tenant's TENANT'S interest in this Lease, where possession is not restored to Tenant TENANT within sixty (60) days; or (viiiv) the attachment, execution or other judicial seizure of substantially all of Tenant's TENANT'S assets located at the Premises or of Tenant's TENANT'S interest in this Lease, where such seizure is not discharged within sixty (60) days. (f) A loss of TENANT'S license to operate the Facility.

Tenant’s Default. The occurrence of any of the following shall constitute a default and breach of this Lease by Tenant: (i) Tenant's failure to pay If Tenant shall default in the Base Monthly Rent including payment of the Fixed Annual Rent, any additional rent or any other payment due under this Lease within five (5) business days after receipt sums payable by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received herein when due, and such default shall continue for a period of ten (10) days after written notice, or (ii) if Tenant shall default in the abandonment performance of the Premises by Tenant; (iii) Tenant's failure to observe and perform any other required provision nonmonetary covenant or agreement of this Lease, where such failure continues Lease and said default shall continue for more than thirty (30) days after written notice from Landlord; providedthereof, however, or in the event that if the nature of the default is of such that it a nature as cannot reasonably with diligent effort be cured within the said thirty (30-) day period, if Tenant shall not commence to cure within said period and diligently prosecute remedial efforts to completion within a reasonable time thereafter, or (iii) if Tenant should become bankrupt or insolvent or any debtor proceedings be taken by or against Tenant (provided, if same shall be involuntary on the part of Tenant, the event in question shall not be deemed in a default within the meaning of this Lease if it commences dismissed or vacated by Tenant within such period to curesixty [60] days thereof), and thereafter diligently prosecutes the same to completion; or (iv) Tenant's making if Tenant shall assign this Lease in whole or in part or sublet all or any portion of any general assignment for the benefit of creditors; (v) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises in violation of Section 22 hereof, then Landlord may pursue any and all remedies and rights available to Landlord at law or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) days.in

Tenant’s Default. The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant: (i) Tenant's failure to pay the Base Monthly Rent any rent including additional rent or any other payment due under this Lease within five (5) business days after receipt by Tenant of written notice from Landlord that the date such Base Monthly Rent or other payment was not received when rent is due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure to observe and perform any other required provision of this Lease, where such failure continues for thirty twenty-eight (3028) days after written notice from LandlordLandlord of such failure; provided, however, that if the nature of the such default is such that it the same cannot reasonably be cured within the 30such twenty-eight (28) day period, Tenant shall not be deemed to be in default if it commences Tenant shall within such period to cure, commence such cure and thereafter diligently prosecutes prosecute the same to completion; (iv) Tenant's making of any general assignment for the benefit of creditors; (v) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty thirty (6030) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) days.

Tenant’s Default. The occurrence At the option of Landlord, a default under this Lease by Tenant shall exist if any of the following events shall constitute a default and breach occur (“Event of this Lease by Tenant: (i) Tenant's failure to pay the Base Monthly Rent including additional rent or any other payment due under this Lease within five (5) business days after receipt by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure to observe and perform any other required provision of this Lease, where such failure continues for thirty (30) days after written notice from Landlord; provided, however, that if the nature of the default is such that it cannot reasonably be cured within the 30-day period, Default”): i. Tenant shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completion; (iv) Tenant's making of any general assignment for the benefit of creditors; (v) the filing by or against Tenant of a petition to have Tenant adjudged a become bankrupt or of insolvent, or file any debtor proceedings, or take or have taken against it a petition for reorganization bankruptcy, insolvency or arrangement under any law relating to bankruptcy (unless, in for the case appointment of a petition filed against Tenanttrustee or receiver; ii. Tenant fails to observe, the same is dismissed keep, perform, or cure within sixty (60) days after written notice by Landlord, any of the filing); (vi) the appointment of a trustee other terms, covenants, agreements, or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest conditions contained in this Lease, where possession Lease or those set forth in any other agreements or rules or regulations which Tenant is obligated to observe or perform. In the event such default reasonably could not restored to Tenant be cured or corrected within such sixty (6060)-day period, but is reasonably susceptible to cure or correction within one hundred twenty (120) days; , then Tenant shall not be in default hereunder if Tenant commences the cure or correction of such default within ten (vii10) days after receiving such written notice from Landlord and diligently prosecutes the attachmentsame to completion within one hundred twenty (120) days after commencing such cure or correction. Notice given under this Paragraph shall specify the alleged default and shall demand that Tenant perform the provisions of this Lease within the applicable period of time, execution or other judicial seizure quit the Ground Lease Property. No such notice shall be deemed a forfeiture or a termination of substantially all of Tenant's assets located at the Premises or of Tenant's interest this Lease unless Landlord so elects in this Lease, where such seizure is not discharged within sixty (60) dayswriting.

Tenant’s Default. The occurrence of any of the following shall constitute a default and breach of by Tenant under this Lease by TenantLease: (ia) Tenant's failure to pay the Base Monthly when due any Rent including additional rent or any other payment due required to be paid under this Lease within five if the failure continues for three (53) business days after receipt by Tenant of written notice of the failure from Landlord that such Base Monthly Rent or other payment was not received when due, (ii) the abandonment of the Premises by to Tenant; (iiib) Tenant's failure to observe and perform provide any other instrument or assurance as required provision of this Lease, where such by Section 21.2 or estoppel certificate as required by Section 20.1 if the failure continues for thirty five (305) days after written notice from Landlord; provided, however, that if the nature of the default is such that it cannot reasonably be cured within the 30-day period, Tenant shall not be deemed in default if it commences within such period failure from Landlord to cure, and thereafter diligently prosecutes the same to completionTenant; (ivc) Tenant's making failure to perform any other obligation under this Lease if the failure continues for fifteen (15) days after written notice of the failure from Landlord to Tenant; (d) Tenant's abandonment of the Premises while in default of any provision of this Lease; (e) to the extent permitted by law: (1) a general assignment by Tenant or any guarantor of the Lease for the benefit of creditors; (v2) the filing by or against Tenant Tenant, or any guarantor, of a petition to have Tenant adjudged a bankrupt any proceeding under an insolvency or of a petition for reorganization or arrangement under any law relating to bankruptcy law, unless (unless, in the case of a petition filed against Tenant, an involuntary proceeding) the same proceeding is dismissed within sixty (60) days after the filing)days; (vi3) the appointment of a trustee or receiver to take possession of all or substantially all the assets of Tenant's Tenant or any guarantor, unless possession is unconditionally restored to Tenant or that guarantor within thirty (30) days and the trusteeship or receivership is dissolved; (4) any execution or other judicially authorized seizure of all or substantially all the assets of Tenant located at on the Premises Premises, or of Tenant's interest in this Lease, where possession unless that seizure is not restored to Tenant discharged within sixty thirty (6030) days; or (viif) the attachment, execution or other judicial seizure committing of substantially all of Tenant's assets located at waste on the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) daysPremises.

Tenant’s Default. The occurrence of A default under this Lease by Tenant shall exist if any of the following shall constitute a default occurs: (i) If Tenant fails to pay any Rent or any other sum required to be paid hereunder, including, without limitation, any Tenant Improvement costs or Capital Improvement costs payable by Tenant under EXIIBIT B and breach paragraph 10.A., respectively, within ten (10) days after the date such Rent or other sum is due; or (ii) If Tenant fails to perform any term, covenant or condition of this Lease by Tenant: (i) Tenant's failure except those requiring the payment of money, and Tenant fails to pay the Base Monthly Rent including additional rent or any other payment due under this Lease cure such breach within five (5) business days after receipt by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure to observe and perform any other required provision of this Lease, where such failure continues for thirty (30) days after written notice from LandlordLandlord where such breach could reasonably be cured within such 30-day period; provided, however, that if the nature of the default is where such that it canfailure could not reasonably be cured within the 30-day period, that Tenant shall not be deemed in default if it commences such performance within such the 30-day period to cure, and diligently thereafter diligently prosecutes the same to completion; or (iviii) Tenant's making of any general assignment If Tenant assigns its assets for the benefit of its creditors; or (iv) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or (v) If Tenant abandons the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing)Premises; or (vi) If a court makes or enters any decree or order other than under the appointment bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a trustee or receiver to take possession of substantially all petition seeking reorganization of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (vii) directing the attachment, execution winding up or other judicial seizure liquidation of substantially all Tenant and such decree or order shall have continued for a period of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) days.

Tenant’s Default. The occurrence This Lease and the term of this Lease are subject to the limitation that Tenant shall be in default if, at any time during the Lease Term, any one or more of the following events (herein called an “Event of Default” a “default of Tenant” or similar reference) shall constitute a default occur and breach not be cured prior to the expiration of this Lease by Tenant: the grace period (iif any) Tenant's failure herein provided, as follows: (a) Tenant shall fail to pay any installment of the Base Monthly Annual Fixed Rent, or any Additional Rent including additional rent or any other payment monetary amount due under this Lease within on or before the date on which the same becomes due and payable, and such failure continues for five (5) business days after receipt by Tenant of written notice from Landlord that such Base Monthly thereof; or (b) Landlord having rightfully given the notice specified in (a) above to Tenant twice in any twelve (12) month period, Tenant shall fail thereafter to pay the Annual Fixed Rent, Additional Rent or any other payment was not received when due, monetary amount due under this Lease on or before the date on which the same becomes due and payable; or (iic) the abandonment Tenant shall assign its interest in this Lease or sublet any portion of the Premises by Tenant; (iii) Tenant's failure to observe and perform any other required provision in violation of the requirements of Article XII of this Lease, where Lease and shall fail to cure such failure continues for violation within thirty (30) days after Tenant receives written notice of such violation from Landlord; provided, however, that if the nature of the default is such that it cannot reasonably be cured within the 30-day period, or (d) Tenant shall not be deemed in default if it commences within such period fail to cure, and thereafter diligently prosecutes the same maintain general liability insurance as required pursuant to completion; (iv) Tenant's making of any general assignment for the benefit of creditors; (v) the filing by Section 13.4 or against Tenant of a petition fails to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) days.comply with its obligations pursuant to

Tenant’s Default. The occurrence of any of the following shall constitute a default and breach of by Tenant under this Lease by Tenant: Lease: (ia) Tenant's failure to pay the Base Monthly when due any Rent including additional rent or any other payment due amount required to be paid under this Lease within on or before the date on which the same is due and payable and such failure continues for five (5) business days after receipt by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when the same is due, ; (ii) the abandonment of the Premises by Tenant; (iiib) Tenant's failure to perform or observe and perform any other required provision of term, condition, covenant or obligation contained in this Lease, where such Lease if the failure continues for thirty fifteen (3015) days after written notice thereof from Landlord; provided, however, Landlord to Tenant unless such default shall be of such a nature that if the nature of the default is such that it same cannot reasonably be cured within the 30-such fifteen (15) day period, Tenant shall not be deemed period in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completion; (iv) which event Tenant's making of any failure shall constitute a default unless Tenant undertakes to cure the failure within fifteen (15) days after such notice and diligently and continuously attempts to complete the cure as soon as reasonably possible; (c) To the extent permitted by law: (1) A general assignment by Tenant or any guarantor of the Lease for the benefit of creditors; ; (v2) the The filing by or against Tenant Tenant, or any guarantor, of a petition to have Tenant adjudged a bankrupt any proceeding under an insolvency or of a petition for reorganization or arrangement under any law relating to bankruptcy law, unless (unless, in the case of a petition filed against Tenant, an involuntary proceeding) the same proceeding is dismissed within sixty (60) days after the filing); days; (vi3) the The appointment of a trustee or receiver to take possession of all or substantially all the assets of Tenant's Tenant or any guarantor, unless possession is unconditionally restored to Tenant or that guarantor within sixty (60) days and the trusteeship or receivership is dissolved; (4) Any execution or other judicially authorized seizure of all or substantially all the assets of Tenant located at on the Premises Premises, or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such unless that seizure is not discharged within sixty (60) days.

Tenant’s Default. The occurrence or existence of any one or more of the following shall constitute a default and breach an “Event of Default” (or, collectively, “Events of Default”) by Tenant under this Lease by TenantLease: (i) Tenant's failure if Tenant shall have failed to pay the Base Monthly Rent including additional rent Rent, Tenant’s Percentage Share of Taxes, or any other payment due under this Lease sum required to be paid hereunder within five (5) business days after receipt by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when due, amount is unpaid; (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure if Tenant shall have failed to observe and perform any other required provision term, covenant or condition of this LeaseLease except those requiring the payment of money, where such failure continues for and Tenant shall have failed to cure the breach within thirty (30) days after written notice from LandlordLandlord if the breach could reasonably be cured within the thirty (30) day period; provided, however, that if the nature of the default Tenant’s obligation is such that it cannot reasonably be cured within the more than thirty (30-day period) days are required for its performance, then Tenant shall not be deemed to be in default if it commences Tenant shall commence the performance of such obligation within such the thirty (30) day period to cure, and thereafter shall diligently prosecutes prosecute the same to completion; (iii) the interest of Tenant in this Lease is levied upon under execution or other legal process; or (iv) Tenant's making of any general assignment for the benefit of creditors; (v) the filing a petition is filed by or against Tenant of a petition to have declare Tenant adjudged a bankrupt or seeking a plan of a petition for reorganization or arrangement under any law relating Chapter of the Bankruptcy Code, or any amendment, replacement or substitution therefor, or to bankruptcy (unlessdelay payment of, reduce or modify Tenant’s debts, which in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure an involuntary action is not discharged within sixty thirty (6030) days.

Tenant’s Default. The occurrence of any one or more of the following events (each, an “Event of Default”) shall constitute a default and breach of this Lease by Tenant: : (ia) Tenant's failure Tenant fails to pay the Base Monthly any Rent including additional rent or any other payment due under this Lease within and such failure continues for five (5) business days after receipt by or more following Landlord’s notice of such failure. (b) Tenant of written notice from Landlord that such Base Monthly Rent fails to perform its obligations under Section 11.9 (Relocation), Section 16 (Subordination), Section 17 (Assignment and Sublease), Section 19 (Estoppel Certificate) or other payment was not received when due, Section 28 (iiHazardous Substances). (c) Tenant abandons the abandonment of the Premises by Tenant; Premises. (iiid) Tenant's failure Tenant fails to observe and perform any obligation to Landlord under this Lease other required provision of this Leasethan those described in Sections 12.1(a), where 12.1(b) or 12.1(c) above, and such failure continues for thirty ten (3010) days after written notice from Landlord or Landlord; provided’s agent, however, except that if Tenant begins to cure its failure within the nature of the default is such that it ten (10) day period but cannot reasonably be cured complete its cure within the 30-day such period, then, so long as Tenant continues to diligently attempt to cure its failure, the ten (10) day period shall be extended to ninety (90) days, or such lesser period as is reasonably necessary to complete the cure. (e) One of the following credit defaults occurs: (i) Tenant (or any guarantor of Tenant’s obligations hereunder) commences any proceeding under any law relating to bankruptcy, insolvency, reorganization or relief of debts, or seeks appointment of a receiver, trustee, custodian or other similar official for the Tenant (or the guarantor) or for any substantial part of its property, or any such proceeding is commenced against Tenant (or the guarantor) and either remains undismissed for a period of thirty (30) days or results in the entry of an order for relief against Tenant (or the guarantor) which is not be deemed fully stayed within seven (7) days after entry; (ii) Tenant (or any guarantor of Tenant’s obligations hereunder) becomes insolvent or bankrupt, does not generally pay its debts as they become due, or admits in default if it commences within such period writing its inability to curepay its debts, and thereafter diligently prosecutes the same to completion; (iv) Tenant's making of any or makes a general assignment for the benefit of creditors; ; (viii) the filing Any third party obtains a levy or attachment under process of law against Tenant’s leasehold interest. Tenant acknowledges and agrees that any notices required to be given by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement Landlord under any law relating to bankruptcy (unlessthis Section 12 shall, in each case, be in lieu of, and not in addition to, any notice required under Section 1161 of the case California Code of a petition filed against TenantCivil Procedure, and shall be deemed to satisfy the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver requirement, if any, that notice be given pursuant to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) dayssection.

Tenant’s Default. The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant: (i) Tenant's ’s failure to pay the Base Monthly Rent including additional rent or any other payment due under this Lease within where such failure continues for five (5) business days after Tenants receipt by Tenant of written Landlord’s notice from Landlord that such Base Monthly Rent or other payment was not received when duereceived, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's ’s failure to observe and perform any other required provision of this Lease, where such failure continues for thirty (30) days after written notice from Landlord; provided, provided however, that if the nature of the default is such that it cannot reasonably be cured within the 30-day period, Tenant shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completion; (iv) Tenant's ’s making of any general assignment for the benefit of creditors; (v) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's ’s assets located at the Premises or of Tenant's ’s interest in this Lease, where possession is not restored to Tenant within sixty thirty (6030) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's ’s assets located at the Premises or of Tenant's ’s interest in this Lease, where such seizure is not discharged within sixty thirty (6030) days; or (viii) the occurrence of any other event described as a default elsewhere in this Lease or any amendment thereto regardless of whether such event is defined as a material default and breach of this Lease in this Section 13.

Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant: : (ia) Tenant's failure Tenant abandons or vacates the Premises; or (b) Tenant fails to pay the Base Monthly when due any Rent including additional rent or any other payment due amounts required to be paid by Tenant under this Lease Lease, and Tenant fails to cure such lack of payment within five ten (510) business days after receipt by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when due, (ii) the abandonment of the Premises by Tenantdate such Rent is due; or (iiic) Tenant's failure Tenant fails to observe and perform any other required provision of covenant, agreement or obligation contained in this Lease, where and such failure continues for thirty (30) days after written notice thereof from LandlordLandlord to Tenant; provided, however, that if the nature or (d) A writ of the default attachment or execution is such that it cannot reasonably be cured within the 30-day period, Tenant shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completion; (iv) levied on Tenant's making of any interest under this Lease; or (e) Tenant makes a general assignment for the benefit of creditor, or provides for an arrangement, composition, extension or adjustment with its creditors; or (vf) Tenant files a voluntary petition for relief under the filing by U.S. Bankruptcy Code or against Tenant of a petition to have Tenant adjudged a bankrupt any other federal or of state bankruptcy, insolvency or debtor relief laws (collectively, “Insolvency Laws”), or a petition for reorganization or arrangement relief is filed against Tenant under any law relating to bankruptcy Insolvency Laws and not withdrawn or dismissed within forty-five (unless, in the case 45) days thereafter; or (g) Appointment of a petition filed against Tenantreceiver, the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee trustee, custodian or receiver other person to take possession of all or substantially all of Tenant's assets located at the Premises assets; or (h) Commencement of proceedings for winding up or of dissolving (whether voluntary or involuntary) Tenant's interest in this Lease, where possession if Tenant is not restored to Tenant within sixty (60) days; a corporation, partnership or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) dayslimited liability company.

Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of under this Lease by Tenant: (i) Tenant's : 18.1.1 The failure by Tenant to pay observe or perform any of the Base Monthly Rent including additional rent covenants or any other payment due under provisions of this Lease within five (5) business days after receipt by Tenant of written notice from Landlord that such Base Monthly Rent to be observed or other payment was not received when due, (ii) the abandonment of the Premises performed by Tenant; (iii) Tenant's failure to observe and perform any other required provision of this Lease, where such failure continues shall continue for thirty (30) a period of 30 days after written notice thereof from LandlordLandlord to Tenant; provided, however, that that, if the nature of the Tenant's default is such that it cannot more than 30 days are reasonably be cured within the 30-day periodrequired for its cure, then Tenant shall not be deemed to be in default if it commences Tenant shall commence such cure within such 30-day period to cure, and thereafter diligently prosecutes the same prosecute such cure to completion. Any failure by Tenant to observe or perform any of its covenants or provisions of this Lease that are the responsibility or obligation of the Landlord under the Operations Provisions shall not be the basis for a default under this Section 18.1.2 so long as the Operations Provisions are in effect; and (ivi) Tenant's The making by Tenant of any general assignment for the benefit of creditors; (vii) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against the Tenant, the same is dismissed within sixty (60) days after the filing60 days); (viiii) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises Real Property or of Tenant's interest in this Lease, where if possession is not restored to Tenant within sixty (60) 60 days; or (viiiv) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises Real Property or of Tenant's interest in this Lease, where Lease if such seizure is not discharged within sixty (60) 60 days.

Tenant’s Default. The occurrence For the purposes of this Section 17.1, if the term "Tenant", as used in this Lease, refers to more than one person, then, such term shall be deemed to include all of such persons or any one of them; if any of the following shall constitute a default and breach obligations of this Lease by Tenant: (i) Tenant's failure to pay the Base Monthly Rent including additional rent or any other payment due Tenant under this Lease are guaranteed, the term "Tenant," as used in Section 17.1(e) and Section 17.1(f), shall be deemed to also include the guarantor or, if there is more than one guarantor, all or any one of them; and if this Lease has been assigned, the term "Tenant," as used in Sections 17.1 (a) through (h), inclusive, shall be deemed to include the assignee and assignor, jointly and severally, unless Landlord shall have, in connection with such assignment, previously released the assignor from any further liability under this Lease, in which event the term "Tenant," as used in said subparagraphs, shall not include the assignor that was previously released. Tenant's continued occupancy and quiet enjoyment of the Premises and this Lease and the covenants and estate hereby granted are subject to the limitation that: a) if Tenant fails to make payment of any Fixed Monthly Rent or Additional Rent within five (5) business days after receipt of the date such payment becomes due, or b) if Tenant abandons or vacates the Premises, or c) if Tenant defaults in the keeping, observance or performance of any covenant or agreement set forth in Sections 6.1, 6.2, 12.12, or 19.3, and if such default continues and is not cured by Tenant before the expiration of Landlord's written notice from 3-Day Notice to Cure or Quit; or d) if Tenant defaults in the keeping, observance or performance of any covenant or agreement including any provisions of the rules and regulations established by Landlord that such Base Monthly Rent or (other payment was not received when duethan a default of the character referred to in Sections 17.1 (a), (iib) the abandonment of the Premises or (c)), and if such default continues and is not cured by Tenant; Tenant within fifteen (iii) Tenant's failure to observe and perform any other required provision of this Lease, where such failure continues for thirty (3015) days after written Landlord has given to Tenant a notice from Landlord; providedspecifying the same, howeveror, that if in the nature case of the such a default is such that it which for causes beyond Tenant's reasonable control (including occupancy of a sublessee) cannot reasonably with due diligence be cured within the 30-day period, Tenant shall not be deemed in default if it commences within such period of fifteen (15) days, if Tenant: i) does not, promptly upon Tenant's receipt of such notice, advise Landlord of Tenant's intention duly to cure, institute all steps necessary to cure such default or ii) does not duly institute and thereafter diligently prosecutes prosecute to completion all steps (including, if appropriate, legal proceedings against a defaulting sublessee) necessary to cure the same same, or e) if Tenant fails to completion; (ivdeliver the Estoppel Certificate required under Article 15 hereof within the time period specified, or f) if Tenant's making : i) applies for or consents to the appointment of, or the taking of any possession by a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property; ii) admits in writing its inability, or is generally unable, to pay its debts as such debts become due; iii) makes a general assignment for the benefit of its creditors; ; iv) commences a voluntary case under federal bankruptcy laws (as now or hereafter in effect); v) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding up, or composition or adjustment of debts; vi) fails to controvert in a timely or appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under such bankruptcy laws; vii) take any action for the filing by purpose of effecting any of the foregoing, or g) if a proceeding or against Tenant case is commenced, without the application or consent of Tenant, in any court of competent jurisdiction, seeking: i) the liquidation, reorganization, dissolution, winding up, or composition or readjustment of debts, of Tenant; or ii) the appointment of a petition to have trustee, receiver, custodian, liquidator or the like of Tenant adjudged a bankrupt or of all or a petition for reorganization or arrangement substantial part of its assets; or iii) similar relief with respect of Tenant under any law relating to bankruptcy (unlessbankruptcy, insolvency, reorganization winding up, or composition or adjustment of debts, and such proceeding or case shall continue undismissed, or an order, judgment or decree approving or ordering any of the foregoing shall be entered and continue unstayed and in the case effect, for a period of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; , or (viian order for relief against Tenant shall be entered in an involuntary case under such bankruptcy laws, or h) the attachment, execution or other judicial seizure if Tenant fails to take possession of substantially all of Tenant's assets located at and move into the Premises within fifteen (15) calendar days after Landlord tenders the same in writing to Tenant, unless Tenant acknowledges and accepts the Commencement Date as occurring within such fifteen-day time period, and pays Rent thereon from such Commencement Date; then, in any or of Tenant's interest in each such event, Tenant shall be deemed to have committed a material default under this Lease, where such seizure is not discharged within sixty (60) days.

Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant: : (ia) Tenant's abandoning the Premises for more than two (2) days; (b) the failure to pay any installment of Minimum Rent or Additional Lease Charges when due and payable under the Base Monthly Rent including additional rent or any other payment due under this Lease and within five three (53) business days after receipt by Tenant of receiving a written notice from Landlord that such Base Monthly Rent or other payment was not received when its representatives stating or estimating the amounts due, ; (iic) the abandonment of permitting Tenant's interest in the Premises by Tenant; (iii) or any of Tenant's failure Property to observe and perform be placed in the hands of a receiver for a period in excess of thirty (30) days, making an assignment for the benefit of creditors, instituting voluntary proceedings under any other required provision of this Leasebankruptcy act, where such failure continues for failing to have dismissed within thirty (30) days any involuntary proceeding filed against Tenant under any bankruptcy act, or failing to have dismissed within thirty (30) days any proceedings seeking to execute or levy against or attach Tenant's interest in the Premises or any of Tenant's Property; (d) any breach of Sections 13. 1, and 16.3; or (e) failing to promptly and fully perform any covenant, condition or agreement contained in this Lease (other than breaches of the provisions set forth in subsections (a) through (d) of this Section) if this failure continues for twenty (20) days after written notice thereof from LandlordLandlord to Tenant; provided, however, that if the nature of the Tenant's default is such that it cannot reasonably be cured within the 30-day periodtwenty (20) days, Tenant shall not be deemed in default hereunder if it Tenant commences to cure its default within such period to cure, twenty (20) days and thereafter diligently prosecutes the same such cure to completion; (iv) Tenant's making of any general assignment for the benefit of creditors; (v) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) days.

Tenant’s Default. The occurrence of any of the following Tenant shall constitute a be in default and breach of this Lease by Tenant: if (ia) Tenant's failure Tenant fails to pay the make any payment of Base Monthly Rent, Additional Rent including additional rent or any other payment amounts payable by Tenant under this Lease, except as otherwise allowed herein, when due under this Lease within five and such failure continues uncured for a period of ten (510) business days after receipt by Tenant of written notice from of such default has been given by Landlord to Tenant; provided, however, that Landlord shall not be required to give such notice of a failure to pay more than two times during any twelve month period, or (b) if Tenant shall violate or fail in the performance of any covenants, agreements, stipulations or other conditions contained herein (other than the payment of Base Monthly Rent, Additional Rent or other payment was not received when amounts due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure to observe and perform any other required provision of this Lease, where such violation or failure continues for a period of thirty (30) days after written notice from Landlord; provided, however, that if the nature of the such violation or default is such that it cannot reasonably be cured within the 30-day period, has been given by Landlord to Tenant shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completion; (iv) Tenant's making of any general assignment for the benefit of creditors; (v) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unlessor, in the case of a petition filed against Tenantdefault not curable within thirty (30) days, if Tenant shall fail to commence to cure the same is dismissed within sixty thirty (6030) days after and thereafter proceed diligently to complete the filing); (vi) the appointment of a trustee or receiver cure thereof, not to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within exceed sixty (60) days; or (vii) . In the attachmentevent Tenant’s failure relates to a payment, execution or at Landlord’s option and without waiving any other judicial seizure right of substantially all Landlord, the unpaid amount shall bear interest from the due date to the date of Tenant's assets located payment at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) daysInterest Rate.

Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant: (i) Tenant's failure to pay the Base Monthly Rent including additional rent . A. The vacating or any other payment due under this Lease within five (5) business days after receipt by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's . B. The failure by Tenant to observe and perform make any payment of rent or any other payment required provision of this Leaseto be made by Tenant hereunder, as and when due, where such failure continues shall continue for thirty a period of three (303) days after written notice from Landlordthereof by Landlord to Tenant. C. The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by the Tenant, other than described in Article 23.B, above, where such failure shall continue for a period of five (5) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of the Tenant's default is such that it cannot more than five (5) days are reasonably be cured within the 30-day periodrequired for its cure, then Tenant shall not be deemed to be in default if it Tenant commences within such period to cure, and thereafter diligently prosecutes the same to completion; (iv) Tenant's D. The making by Tenant of any general assignment or general arrangement for the benefit of creditors; (v) or the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt bankrupt, or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filingdays); (vi) or the appointment of a trustee or a receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty thirty (6030) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty thirty (6030) days.

Tenant’s Default. The occurrence of any of the following events shall constitute a default and breach of by Tenant under this Lease by TenantLease: (i) Tenant's failure Tenant fails to timely pay any installment of rent on the Base Monthly Rent including additional rent or any other payment due under this Lease within five date when due, and such default continues for ten (510) business days after ▇▇▇▇▇▇’s receipt by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when due, the City; (ii) Tenant violates any requirement under this Lease other than the abandonment of obligation to pay rent and fails to cure the Premises by Tenant; same within twenty (iii) Tenant's failure to observe and perform any other required provision of this Lease, where such failure continues for thirty (3020) days after following receipt of written notice of such violation from Landlord; the City, provided, however, that if the nature of the default Tenant’s obligation is such that it cannot more than twenty (20) days are reasonably be cured within the 30-day periodrequired for performance or cure, Tenant shall not be deemed in default if it Tenant commences performance within such twenty (20) day period to cure, and thereafter diligently prosecutes the same to completion; (iii) Tenant assigns or encumbers any right in this Lease, delegates any performance hereunder, or subleases any part of the Premises (except as expressly permitted in this Lease); (iv) Tenant's making of any general assignment for the benefit of creditors; (v) the filing by or against Tenant of files a petition to have Tenant adjudged a bankrupt in bankruptcy, becomes insolvent, or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of has a petition filed against TenantTenant in bankruptcy, the same is dismissed within sixty (60) days after the filing); (vi) the insolvency, or for reorganization or appointment of a receiver or trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession which is not restored to Tenant dismissed within sixty (60) days; (v) Tenant petitions for or enters into an arrangement for the benefit of creditors, or suffers this Lease to become subject to a writ of execution and such writ is not released within thirty (30) days; or (viivi) the attachment, execution Tenant is in default of this Lease three (3) or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) days.more times during a twelve

Tenant’s Default. The occurrence of any of the following shall constitute a default and breach of this Lease by Tenant: (i) Tenant's failure to pay the Base Monthly Rent including additional rent or any other payment due under this Lease within five (5) business days after receipt by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure to observe and perform any other required provision of this Lease, where such failure continues for thirty (30) days after written notice from Landlord; provided, however, that if the nature of the default is such that it cannot reasonably be cured within the 30-30- day period, Tenant shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completion; (iv) Tenant's making of any general assignment for the benefit of creditors; (v) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) days.

Tenant’s Default. The occurrence of any Each of the following events shall constitute a be deemed to be events of default and breach of by Tenant under this Lease by Tenant: lease: (ia) Tenant's failure Tenant fails to pay the Base Monthly Rent including additional any installment of rent or any other payment due under this Lease within five (5) business days after receipt by notice that the same is due under this Lease. (b) Tenant of written notice from Landlord that such Base Monthly Rent fails to comply with any term, provision, or other payment was not received when due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure to observe and perform any other required provision covenant of this Lease, where such other than the payment of Minimum Rent or Additional Rent, and does not cure the failure continues for thirty (30) within 30 days after written notice from Landlord; providedof the failure is provided to Tenant, however, provided that if the nature of the default is such that it canis not reasonably be cured capable of cure within the such 30-day period, if Tenant shall not be deemed in default if it commences fails to commence cure within such 30-day period to cure, and diligently thereafter diligently prosecutes the same pursue such cure to completion; . (ivc) Tenant's making of any general Tenant makes an assignment for the benefit of creditors; . (vd) Tenant deserts or vacates any substantial portion of the Premises for a period of 15 or more days, unless (i) Tenant continues to pay all Minimum Rent and Additional Rent and (ii) Tenant continues to maintain the appearance of the Premises in a clean, safe and sightly manner. (e) The filing of a petition by or against Tenant of a petition to have Tenant adjudged for adjudication as a bankrupt or insolvent or for its reorganization or for the appointment pursuant to any local, state or federal bankruptcy or insolvency law of a petition receiver or trustee of Tenant's property; or an assignment by Tenant for reorganization the benefit of creditors; or arrangement under the taking possession of the property of Tenant by any law relating to bankruptcy (unlesslocal, in state or federal governmental officer or agency or court-appointed official for the case dissolution or liquidation of a petition filed Tenant or for the operating, either temporary or permanent, or Tenant's business, provided, however, that if any such action is commenced against Tenant, Tenant the same is shall not constitute a default if Tenant causes the same to be stayed or dismissed within sixty (60) days after the filing); (vi) the appointment filing of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) dayssame.

Tenant’s Default. The occurrence of any Each of the following shall constitute events is a default and breach of this Lease following written notice and the expiration of the cure periods (“Default”) by Tenant: (ia) Tenant's failure Tenant fails to pay the Base Monthly make any payment of Rent including additional rent or any other payment due under this Lease within five (5) business days after receipt required to be made by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received hereunder, as and when due, and such failure continues ten (ii10) the abandonment of the Premises days after written notice thereof by Landlord to Tenant; (iiib) Tenant's failure Tenant fails to observe and or perform any other required provision of this Leasethe covenants, where conditions or provisions of the Lease to be observed, and such failure continues for thirty (30) days after written notice from Landlordthereof by Landlord to Tenant; provided, however, that if the nature of the default Tenant’s Default is such that it cannot more than thirty (30) days are reasonably be cured within the 30-day periodrequired for its cure, Tenant shall not be deemed to be in default Default if it commences cure within such said thirty (30) day period to cure, and thereafter diligently and continuously prosecutes the same such cure to completion; (ivc) (i) Tenant's making of Tenant makes any general assignment or general arrangement for the benefit of creditors; , or (vii) the filing A petition is filed by or against Tenant of a petition to have Tenant adjudged a bankrupt bankrupt, or of (iii) a petition for or reorganization or of arrangement is filed under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same it is dismissed within sixty (60) days after the filingdays); , or (viiv) the appointment of a trustee or receiver is appointed to take possession of substantially all of Tenant's ’s assets located at the Premises or of Tenant's ’s interest in this Lease, where and possession is not restored to Tenant within sixty (60) days; days of such appointment, or (viiv) the there is an attachment, execution or other judicial seizure of substantially all of Tenant's ’s assets located at the Premises or of Tenant's ’s interest in this Lease, where and such seizure is not discharged within in sixty (60) days.

Tenant’s Default. The occurrence of any one of the following events shall constitute an event of default on the part of Tenant ("Default"): (A) The vacation of the Premises for a default and breach period, in the aggregate, of this Lease by Tenant: (i) Tenant's failure to pay the Base Monthly Rent including additional rent [...***...] or any other payment due under this Lease within five (5) business days after receipt by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant for a period of [...***...] consecutive days or any vacation or abandonment of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse, or the failure of Tenant to continuously operate Tenant's failure business in the Premises, in each of the foregoing cases irrespective of whether or not Tenant is then in monetary default under this Lease. Tenant agrees to observe notice and perform service of notice as provided for in this Lease and waives any right to any other required provision or further notice or service of this Leasenotice which Tenant may have under any statute or law now or hereafter in effect; (B) Failure to pay any installment of Rent or any other monies due and payable hereunder, where such said failure continues continuing for thirty a period of three (303) days after written Landlord's notice from Landlord; provided, however, that if the nature of the default is such that it cannot reasonably be cured within the 30-day period, failure; (C) A general assignment by Tenant shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completion; (iv) or any guarantor or surety of Tenant's making of any general assignment obligations hereunder (collectively, "Guarantor") for the benefit of creditors; ; (vD) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition to have Tenant adjudged a bankrupt petition, voluntary or of a petition involuntary, for reorganization reorganization, or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) days.filing *CONFIDENTIAL TREATMENT REQUESTED

Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease Sublease by Tenant: (i) Tenant's failure to pay the Base Monthly Rent including additional rent : A. The vacating or any other payment due under this Lease within five (5) business days after receipt by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's . B. The failure by Tenant to observe and perform make any payment of rent or any other payment required provision of this Leaseto be made by Tenant hereunder, as and when due, where such failure continues shall continue for a period of three (3) days after written notice thereof by Landlord to Tenant. C. The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Sublease to be observed or performed by the Tenant, other than described in Section 22.B, above, where such failure shall continue for a period of thirty (30) days after written notice from Landlord; provided, however, that if the nature of the default is such that it cannot reasonably be cured within the 30-day period, thereof by Landlord to Tenant. D. The making by Tenant shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completion; (iv) Tenant's making of any general assignment or general arrangement for the benefit of creditors; (v) or the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt bankrupt, or of a petition for or reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filingdays); (vi) or the appointment of a trustee or a receiver to take possession of substantially all of Tenant's ’s assets located at the Premises or of Tenant's ’s interest in this LeaseSublease, where possession is not restored to Tenant within sixty thirty (6030) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's ’s assets located at the Premises or of Tenant's ’s interest in this LeaseSublease, where such seizure is not discharged within sixty thirty (6030) days.

Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant: (i) Tenant's failure : a. If Tenant abandons or vacates the Premises; er accompanied by the cessation OF rent; or b. If Tenant fails to pay the Base Monthly any Rent including additional rent or any other payment due charges required to be paid by Tenant under this Lease within and such failure continues for five (5) business days after receipt by such payment is due and payable; or c. If Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure fails to observe promptly and fully perform any other required provision of covenant, condition or agreement contained in this Lease, where Lease and such failure continues for thirty (30) days after written notice thereof from LandlordLandlord to Tenant; provided, however, that if the nature ▇▇▇ , d. If a writ of the default attachment or execution is such that it cannot reasonably be cured within the 30-day period, Tenant shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completion; (iv) levied on this Lease or on any of Tenant's making of any Property; or e. If Tenant makes a general assignment for the benefit of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; (v) the filing by or f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of a petition to have Tenant adjudged a bankrupt or if under the provisions of a petition any law providing for reorganization or arrangement under winding up of corporations, any law relating to bankruptcy court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (6045) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) days.or

Tenant’s Default. The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant: (i) Tenant's ’s failure to pay the Base Monthly Rent including additional rent or any other payment due under this Lease within Lease, where such failure to pay continues for five (5) business days after receipt by Tenant of written notice from thereof by Landlord that such Base Monthly Rent or other payment was not received when dueto Tenant, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's ’s failure to observe and perform any other required provision of this Lease, where such failure continues for thirty (30) days after written notice from Landlord; Landlord provided, however, that if the nature of the default is such that it cannot reasonably be cured within the 30-day period, Tenant shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completion; (iv) Tenant's ’s making of any general assignment for the benefit of creditors; (v) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's ’s assets located at the Premises or of Tenant's ’s interest in this Lease, where possession is not restored to Tenant within sixty thirty (6030) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's ’s assets located at the Premises or of Tenant's ’s interest in this Lease, where such seizure is not discharged within sixty thirty (6030) days, or (viii) any default by Tenant under the Building 1 Lease.

Tenant’s Default. The occurrence of any (a) Any of the following events shall constitute a default and breach of under this Lease by Tenant: : (i) Tenant's failure to pay the Base Monthly Rent including additional rent or any other payment due under this Lease within five (5) business days after receipt Failure by Tenant to make any payment of written notice from Landlord that such Base Monthly Rent rent or other payment was not received required by this Lease when the same is due, and the continuance of such failure for a period of three (3) days after written notice thereof from Landlord to Tenant; (ii) The vacating (except as may be necessary to facilitate the abandonment reoccupancy of the Premises for a permitted use pursuant to an assignment or subletting authorized under the terms hereof) or the abandoning (which is deemed to include absence from the Premises for more than ten (10) days while in default of any material provision of this Lease) of the Premises by Tenant; ; (iii) Tenant's failure to observe and perform Except as expressly permitted under this ▇▇▇▇▇, any other required provision attempted conveyance, assignment, mortgage or subletting of this Lease, where such failure continues for thirty (30) days after written notice from Landlord; provided, however, that if the nature of the default is such that it cannot reasonably be cured within the 30-day period, Tenant shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completion; ; (iv) Tenant's The making by Tenant of any general assignment or general arrangement for the benefit of creditors; (v) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating related to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filingda▇▇); (vi) ▇he taking of any action at the corporate or partnership level by Tenant to authorize any of the foregoing actions on behalf of Tenant; the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where Lease unless possession is not restored to Tenant within sixty thirty (6030) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty thirty (6030) days; (v) The failure by Tenant to observe or perform any material covenant, condition, or provision in this Lease not already specifically mentioned in this Section 23(a), where such failure continues for thirty (30) days after written notice from Landlord notifying Tenant of such failure; provided, however, that if the nature of Tenant's failure is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be in default if it begins such cure within the thirty (30) day period described above and thereafter diligently prosecutes such cure to completion. (b) In the event of any default by Tenant, Landlord may promptly or at any lime thereafter, upon notice and demand and without limiting Landlord in the exercise of any other right or remedy which Landlord may have by reason of such default or breech: (i) Terminate Tenant's right to possession of the Premises by any ▇▇▇▇ul means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event, Landlord shall be entitled to recover from Tenant: (A) The worth at the time of award of the unpaid rent which had been earned at the time of termination: (B) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (C) The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss the Tenant proves can reasonably be avoided; and (D) Any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's failure to perform its obligations under this Lease of which in the ordinary course of things would be likely to result therefrom, including, but not limited to, the cost of recovering possession of the Premises; expenses of reletting (including advertising), brokerage commissions and fees, costs of putting the Premises in good order, condition and repair, including necessary renovation and alteration or the Premises, reasonable attorneys' fees, court costs, all costs for maintaining the Premises, all costs incurred in the appointment of and performance by a receiver to protect the Premises or Landlord's interest under the Lease, and any other cost. The "worth at the time of award" of the amounts referred to in subsections (A) and (B) above shall be computed by allowing interest at the rate of twelve percent (12%) per annum. The "worth at the time of award" of the amount referred to in subsection (C) above shall be computed by discounting such amount at one (1) percentage point above the discount rate of the Federal Reserve Bank of San Francisco at the time of award; or (ii) Pursue any other remedy now or hereafter available to Landlord under the laws judicial decisions of the State of California. (c) Even though Tenant has breached this Lease and abandoned the Premise▇, ▇▇ Landlord's option this lease shall continue in effect for so long as Landlord does not terminate Tenant's right to possession, and Landlord may enforce a▇▇ ▇▇ its rights and remedies hereunder, including the right of recover rent as it comes due under this Lease, and in such event Landlord will permit Tenant to sublet the Premises or to assign his interest in the Lease, or both, with the consent of Landlord, which consent will not unreasonably be withheld provided the proposed assignee or sublessee is reasonably satisfactory to Landlord as to credit and will occupy the Premises for the same purposes specified herein, and such tenancy is not inconsistent with Landlord's commitments to other tenants in the Building. ▇▇▇ ▇▇▇poses of this subsection (c), the following shall not constitute a termination of Tenant's right to possession: (i) acts of maintenance or preservation or efforts to relet the Premises; or (ii) the appointment of a receiver under the initiative of Landlord to protect Landlord's interest under this Lease. (d) Should Landlord a▇ ▇▇▇ ▇▇me terminate this Lease for any default, breach or failure of Tenant hereunder, then, in addition to any other rights or remedies available to Landlord hereunder or by law provided, Landlord may have and recover from Tenant all damages Landlord may incur by reason of such default, breach or failure including, without limitation, damages for loss of Percentage Rent determined in accordance with Section 23(e) hereof, all costs of recovering possession, all costs and expenses of any re-letting including, without limitation all costs alterations and repairs, dividing and subdividing, of the Premises in connection therewith, all brokerage commissions or other similar expenses of Landlord in connection with such re-letting, or, at the option of Landlord, Landlord may have and recover from Tenant the worth at the time of termination of this Lease, of the excess, if any, of the total Base Rent and Percentage Rent and other charges reserved in this Lease for the remainder of the ten hereof, over the then reasonable rental value of the Premises for the same period, all of which amounts, including attorneys' fees of Landlord, shall be immediately due and payable by Tenant to Landlord. (e) Should Landlord at any time terminate this Lease for any default, breach or failure of Tenant to satisfy its obligations, hereunder, the rent for each month of the balance of the Lease term hereof shall be deemed to be an amount equal to the average (computed on and adjusted to a monthly basis) of the total Base Rent, Percentage Rent and other charges paid or payable by Tenant to Landlord hereunder annually during the three (3) full Lease Years immediately preceding the date of the default. It is agreed that, if there shall rot have been three (3) full Lease Years immediately preceding the date of default, it would be impracticable or extremely difficult to prove what amount of Percentage Rent hereunder would have been paid or payable hereunder by Tenant throughout the balance of the term of this Lease if Tenant had not defaulted, and no other remedy would be adequate, convenient or feasible. Accordingly, the parties agree that, in such event, the amount of the Percentage Rent which would have been paid or payable by Tenant each month throughout the term of this Lease if Tenant had not defaulted shall be whichever of the following sums is the greater: (i) A sum equal to twenty-five percent (25%) of the Base Rent, or (ii) An amount equal to the average, computed on and adjusted to a monthly basis, of the total Percentage Rentals paid by Tenant from the period from the Commencement Date to the date of default. (f) Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other charges due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of rent or any charge due from Tenant is not received by Landlord or Landlord's designee within ten (10) days after such amount shall be due, then, at Landlord's election and upon Landlord's demand, Tenant s▇▇▇▇ ▇▇▇ to Landlord a late charge equal to fifteen percent (15%) of such overdue amount, and in such event the parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of the late payment by Tenant. No late charge may be imposed more than once for the same late rental payment. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any other rights and remedies granted to it hereunder. (g) In the event of the occurrence of any of the events specified in Section 23(a)(iv), if Landlord shall not choose to exercise, or by law shall not be able to exercise, its rights hereunder to terminate this Lease upon the occurrence of such events, then, in addition to any other rights of Landlord hereunder or by law, neither Tenant, as debtor-in- possession, nor any trustee or oth▇▇ ▇▇▇son (hereinafter collectively called the "Assuming Tenant") shall be entitled to assume this Lease unless, on or before the date of such assumption, the Assuming Tenant cures or provides adequate assurance that the latter will promptly cure any existing default under this Lease and will promptly compensate Landlord for any pecuniary loss (including, without limitation, attorneys' fees and disbursements) resulting from such default, and provides adequate assurance of future performance under this Lease, it being covenanted and agreed by the parties that, for such purposes, any cure or compensation shall be effected by the immediate correction or bonding of any non-monetary default; and "adequate assurance" of such cure or compensation shall be effected by the establishment of an escrow fund for the amount at issue or by bonding, it being covenanted and agreed by Landlord and Tenant and the foregoing provision has a material part of the consideration for this Lease. (h) All covenants and agreements to be performed by Tenant under any of the terms of the Lease shall be at its sole cost and expense and, except as otherwise specifically provided herein, without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue for thirty (30) days after notice thereof by Landlord, Landlord may, but shall not be obligated so to do, and without waiving any rights of Landlord or releasing Tenant from any obligations of Tenant hereunder, make such payment or perform such other ad at Tenant's cost. All sums so paid by Landlord and all such necessary incidental costs togethe▇ ▇▇▇▇ ▇nterest thereon from the date of such payment by Landlord in connection with the performance of any such ▇▇▇▇▇▇▇ by Landlord in connection with the performance of any such act by Landlord shall be considered rent hereunder. Except as otherwise in this Lease expressly provided, such rent shall be payable to Landlord on demand, or at the option I Landlord, in such installments as Landlord may elect and may be added to any other rent then due or thereafter becoming due under this Lease, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of any other rent due hereunder.

Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant: ▇▇▇▇▇▇. (ia) Tenant's The failure by Tenant to pay the Base Monthly Rent including additional make any payment of rent or any other payment due under this Lease within five (5) business days after receipt required to be made by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received hereunder, as and when due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure to observe and perform any other required provision of this Lease, where such failure continues shall continue for a period of ten (10) days after written notice thereof by Landlord to Tenant. (b) The failure by Tenant to observe or perform any of the covenants, conditions, or provision of this Lease to be observed or performed by Tenant where such failure shall continue for a period of thirty (30) days after receipt of written notice from Landlordthereof by Landlord to Tenant; provided, however, that if the nature of the Tenant’s default is such that it cannot more than thirty (30) days are reasonably be cured within the 30-day periodrequired for its cure, then Tenant shall not be deemed to be in default if it Tenant commences such cure within such said thirty (30) day period to cure, and thereafter diligently prosecutes the same such cure to completion; . (ivc) Tenant's The making by Tenant of any general assignment or general arrangement for the benefit of creditors; (v) or the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt bankrupt, or of a petition for or reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filingdays); (vi) or the appointment of a trustee or a receiver to take possession of substantially all of Tenant's ’s assets located at the Premises or of Tenant's ’s interest in this Lease, where possession is not restored to Tenant within sixty thirty (6030) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's ’s assets located at the Premises or of Tenant's ’s interest in this Leaselease, where such seizure is not discharged within sixty thirty (6030) days.

Tenant’s Default. The occurrence of any of the following shall constitute a default and breach of under this Lease by Tenant: (ia) Tenant's any failure by Tenant to pay the Base Monthly Rent including additional rent rental or to make any other payment due under this Lease within five required to be made by Tenant hereunder, where such failure continues for ten (510) business days after receipt by Tenant of written notice from Landlord that of Landlord's failure to receive such Base Monthly Rent or other payment was not received when due, payment; (iib) the abandonment of the Premises by Tenant; (iiic) Tenant's failure by Tenant to observe and perform any other required provision of this LeaseLease to be observed or performed by Tenant, where such failure continues for thirty (30) days after written notice from Landlordthereof by Landlord to Tenant; provided, however, that if the nature of the default such failure is such that it the same cannot reasonably be cured within the such thirty (30-) day period, period Tenant shall not be deemed to be in default if it commences Tenant shall within such period to cure, commence such cure and thereafter diligently prosecutes prosecute the same to completion; (ivd) Tenant's the making by Tenant of any general assignment for the benefit of creditors; (v) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) days.of

Tenant’s Default. The occurrence of A default under this Lease by Tenant shall exist if any of the following shall constitute a default and breach of this Lease by Tenant: occurs: (i) Tenant's failure If Tenant fails to pay the Base Monthly when due any Rent including additional rent or any other payment due under this Lease sum required to be paid, hereunder within five (5) business days after receipt by Tenant from the date of Landlord’s written notice from Landlord to Tenant (which notice, shall constitute the notice required under California Code of Civil Procedure Section 1161) that such Base Monthly Rent or other payment was not received when sum is due, ; or (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure If Tenant fails to observe and perform perform, any other required provision term, covenant or condition of this LeaseLease except those requiring the payment of money, where and Tenant fails to cure such failure continues for breach within thirty (30) days after written notice from LandlordLandlord where such breach could reasonably be cured within such 30-day period; provided, however, that if the nature of the default is where such that it canfailure could not reasonably be cured within the 30-day period, that Tenant shall not be deemed in default if it commences such performance within such the 30-day period to cure, and diligently thereafter diligently prosecutes the same to completion; or (iviii) Tenant's making of any general assignment If Tenant assigns its assets for the benefit of its creditors; or (iv) If the sequestration or attachment of or execution on any material part of Tenant’s Personal Property essential to the conduct of Tenant’s business occurs, and Tenant fails to obtain a return or release of such Tenant’s Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or (v) If Tenant vacates or abandons the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement Premises as determined under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing)applicable California law; or (vi) If a court makes or enters any decree or order other than under the appointment bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a trustee or receiver to take possession of substantially all petition seeking reorganization of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (vii) directing the attachment, execution winding up or other judicial seizure liquidation of substantially all Tenant and such decree or order shall have continued for a period of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) days.

Tenant’s Default. The occurrence of A default under this Lease by Tenant shall exist if any of the following events shall constitute a default and breach of this Lease by Tenant: occur: (ia) Tenant's failure Tenant fails to pay the Base any installment of Monthly Rent including additional rent or any other payment sum due under this Lease and payable hereunder within five (5) business days after receipt by the date when payment is due; provided that one time during each calendar year of the Term, Tenant shall be permitted a grace period, pursuant to which Tenant shall not be in default hereunder if Tenant pays the installment of monthly rent within five (5) days after written notice from Landlord that such Base Monthly Rent or other payment was not received when due, Landlord; (iib) the abandonment of the Premises by Tenant; (iii) Tenant's failure Tenant shall have failed to observe and perform any other required provision term, covenant or condition of this LeaseLease not requiring the payment of money, where and Tenant shall have failed to cure such failure continues for breach within thirty (30) days after written notice from Landlord; provided, however, provided that if the nature of the default is such that it cannot reasonably be cured within the 30-day period, Tenant shall not be deemed in default hereunder, if it such failure is not curable within thirty (30) days and Tenant commences such cure within such period to cure, thirty (30) days after receipt of Landlord's notice and thereafter diligently prosecutes the same such cure to completion; ; (ivc) Tenant's making of any general assignment Tenant assigns its assets for the benefit of its creditors; ; (vd) the filing by If Tenant files any voluntary petition in bankruptcy, or an involuntary petition against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition is filed against Tenant, the same and is not dismissed within sixty thirty (6030) business days after the of such filing); ; (vie) the appointment The sequestration or attachment of a trustee or receiver to take possession of substantially all execution on any material part of Tenant's assets located at Property essential to the Premises or conduct of Tenant's interest in this Leasebusiness occurs, where possession is not restored and Tenant fails to Tenant within sixty (60) days; obtain a return or (vii) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) days.release

Tenant’s Default. The occurrence of If, during the Term, any one of the following shall happen, it shall constitute a default and breach of “Default” under this Lease by Tenant: : (i) Tenant's failure Tenant fails to pay the Base Monthly Rent including or additional rent or any other payment due under this Lease hereunder when such sum is due and such failure continues and is not remedied within five ten (510) business days after receipt by the date Tenant of receives written notice thereof from Landlord that such Base Monthly Rent or other payment was not received when due, Landlord; (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure Tenant fails to observe and perform comply with any other required provision of this Lease, where Lease (other than a failure in any payment due hereunder which is addressed by Section 20A(i) above) and such failure continues for thirty and is not remedied within forty-five (3045) days after the date Tenant receives written notice thereof from Landlord; provided, however, that if the nature of the default is such that it failure cannot reasonably not, by its nature, be cured within the 30such forty-five (45) day period, but Tenant has commenced and is diligently pursuing a cure of such failure, then no Default shall not be deemed in default if to have happened so long as Tenant remedies the failure within a reasonable period of time; or (iii) the filing of a petition is made against Tenant for adjudication of it commences within such period to cureas a bankrupt or insolvent, and thereafter diligently prosecutes or for its reorganization, or the same to completion; (iv) Tenant's making appointment of any general assignment a receiver or trustee for the benefit of its creditors; (v) the filing by or against Tenant of a , if such petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is not dismissed within sixty (60) days after the filing); of filing (vi) the appointment of a trustee or receiver so long as Tenant continues to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within pay Rent hereunder during such sixty (60) daysday period); or the filing of such a petition is made by Tenant; or an assignment is made by Tenant for the benefit of creditors; provided, however, that none of the foregoing shall constitute a Default if no other Default has occurred and is continuing and if Tenant continues to utilize the Premises during any such proceeding in the usual course of business (viiand not for purposes of liquidation of a bankrupt estate) the attachment, execution or other judicial seizure of substantially and fully and faithfully performs all of the terms and conditions of this Lease to be performed by Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) days.

Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant: (i) Tenant's failure : a. If Tenant abandons or vacates the Premises accompanied by non-payment of rent; or b. If Tenant fails to pay the Base Monthly any Rent including additional rent or any other payment due charges required to be paid by Tenant under this Lease within and such failure continues for five (5) business days after receipt by such payment is due and payable; or c. If Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure fails to observe promptly and fully perform any other required provision of covenant, condition or agreement contained in this Lease, where Lease and such failure continues for thirty (30) days after written notice thereof from LandlordLandlord to Tenant; provided, however, that if the nature or d. If a writ of the default attachment or execution is such that it cannot reasonably be cured within the 30-day period, Tenant shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same to completion; (iv) levied on this Lease or on any of Tenant's making Property accompanied by non-payment of any rent; or e. If Tenant makes a general assignment for the benefit of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; (v) the filing by or f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter accompanied by non-payment of a petition to have Tenant adjudged a bankrupt rent, or if under the provisions of a petition any law providing for reorganization or arrangement under winding up of corporations, any law relating to bankruptcy court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (6045) days after accompanied by non-payment of rent; or g. Except for actions by the filing); (vi) the appointment of FDIC, if in any proceeding or action in which Tenant is a trustee party, a trustee, receiver, agent or receiver custodian is appointed to take possession charge of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored Property (or has the authority to Tenant within sixty (60do so) days; or (vii) for the attachment, execution or other judicial seizure purpose of substantially all of Tenant's assets located at enforcing a lien against the Premises or of Tenant's interest Property; or h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in this Lease, where such seizure is not discharged within sixty (60) daysany of the acts or events described in subparagraphs d through g above.

Tenant’s Default. The occurrence of A default under this Lease by Tenant shall ---------------- exist if any of the following shall constitute a default and breach occurs: (ii) If Tenant fails to perform any term, covenant or condition of this Lease by Tenant: (i) Tenant's failure except those requiring the payment of money, and Tenant fails to pay the Base Monthly Rent including additional rent or any other payment due under this Lease cure such breach within five (5) business days after receipt by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when due, (ii) the abandonment of the Premises by Tenant; (iii) Tenant's failure to observe and perform any other required provision of this Lease, where such failure continues for thirty (30) days after written notice from LandlordLandlord where such breach could reasonably be cured within such 30-day period; provided, however, that if the nature of the default is where such that it canfailure could not reasonably be cured within the 30-day period, that Tenant shall not be deemed in default if it commences such performance within such the 30-day period to cure, and diligently thereafter diligently prosecutes the same to completion; or (iviii) Tenant's making of any general assignment If Tenant assigns its assets for the benefit of its creditors; or (iv) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Tenant's Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or (v) If Tenant vacates or abandons the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days after the filing)Premises; or (vi) If a court makes or enters any decree or order other than under the appointment bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a trustee or receiver to take possession of substantially all petition seeking reorganization of Tenant's assets located at ; or directing the Premises winding up or liquidation of Tenant's interest in this Lease, where possession is not restored to Tenant within and such decree or order shall have continued for a period of sixty (60) days; or or (vii) If Tenant fails to cure within any applicable grace period any default by Tenant under any of the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) daysCollateral Agreements.

Tenant’s Default. The occurrence of any of the following shall constitute a an event of default and breach of this Lease by Tenant: (i) Tenant's failure : 1. Failure to pay the Base Monthly Rent rent or other sums of money (including additional rent or any other payment due under this Lease within five (5Rents and deposits) business days after receipt by Tenant of written notice from Landlord that such Base Monthly Rent or other payment was not received when due, (ii) or to have effective insurance coverage per the abandonment of the Premises by Tenant; (iii) Tenant's failure to observe and perform any other required provision terms of this Lease, where such if the failure continues for ten (10) days after written notice has been given. 2. Abandonment and vacation of the Premises (failure to occupy and operate the Premises for thirty (30) consecutive days shall be deemed an abandonment and vacation). 3. Violation of or failure to perform any other provision of this Lease if the failure to perform is not cured within thirty (30) days after written notice from Landlord; provided, however, that if the nature of has been given to Tenant. If the default is such that it cannot reasonably be cured within the thirty (30-day period) days, Tenant shall not be deemed in default of this Lease if it Tenant commences to cure the default within such the thirty (30) day time period and diligently and in good faith continues to curecure the default, and thereafter diligently prosecutes provided, however, that Landlord’s interest in the same Premises are not prejudiced in the interim. 4. The occurrence of a Tenant bankruptcy. As used in this Lease, “Tenant Bankruptcy” means (1) the application by Tenant for, or its consent to, the appointment of a receiver, trustee or liquidator of Tenant or over a substantial part of Tenant’s assets, (2) the admission in writing by Tenant of its inability to completion; pay generally its debts as they become due, (iv3) Tenant's the making by Tenant of any general an assignment for the benefit of its creditors; , (v4) the filing by or against Tenant of a petition to have Tenant adjudged or an answer seeking a bankrupt or of a petition for reorganization or an arrangement under with its creditors or an attempt to take advantage of any law relating to bankruptcy insolvency law, (unless, in 5) the case filing by Tenant of an answer admitting the material allegations of a petition filed against Tenant in any bankruptcy, reorganization or insolvency proceeding, (6) the entering of an order, judgment or decree by any court of competent jurisdiction finding Tenant to be insolvent, approving a petition seeking a reorganization of Tenant, or the same appointment of a receiver, trustee or liquidator of Tenant, or of all of its assets, and the continuation of such order, judgment, decree or proceeding unstayed for any period of sixty (60) consecutive days after the expiration of any stay thereof, (7) the commencing by Tenant of any voluntary proceeding under any bankruptcy, reorganization, arrangement, insolvency, receivership or similar law, or (8) the filing against Tenant of an involuntary petition in bankruptcy which is not dismissed within sixty (60) days after the filing); (vi) the appointment of a trustee or receiver to take possession of substantially all of being filed. Neither Tenant's assets located at the Premises or of Tenant's ’s interest in this Lease, where possession nor any estate created hereby in Tenant nor any interest herein or therein, shall pass to any trustee or receiver or assignee for the benefit of creditors or otherwise by operation of law except as may specifically be provided by the Bankruptcy Code, ▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇ Code. Notices given under this paragraph shall specify the alleged default, and shall demand that Tenant perform the provisions of this Lease or pay the rent that is not restored to Tenant in arrears, as the case may be, within sixty (60) days; the applicable period of time. No such notice shall be deemed a forfeiture or (vii) a termination of this Lease unless Landlord so elects in the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) daysnotice.