Common use of Termination Remedies Clause in Contracts

Termination Remedies. a. Upon occurrence of an Event of Default, the non-breaching party shall give written notice to the breaching party, setting forth the nature of the default. The breaching party shall have thirty (30) days to cure any non-monetary default (except as set forth in Section 3(c) hereof) and five (5) days to cure any monetary default. If the breaching party shall have failed to cure such default within the applicable cure period, the non-breaching party may elect to terminate this Agreement, whereupon Licensee shall, upon request by Licensor, forthwith remove its Equipment from the Building in a neat and orderly manner in accordance with this Agreement. In addition, either party may exercise any and all remedies available to it at law or in equity. b. If the Building is damaged by fire or other insured casualty and the estimated costs to repair the same are less than Two Hundred Fifty Thousand Dollars ($250,000), Licensor shall repair the same; provided, however, Licensor may elect not to restore damage (a) which occurs within the last six (6) months of the Term hereof, (b) which is not covered by Licensor's insurance policy (permitted deductibles excepted) or the proceeds of which are not available to pay the costs of restoration, or (c) any other portion of the Building is damaged to the extent Licensor elects not to restore the same. If the Site or any other portion of the Building is so damaged and Licensor's estimate of the repair costs exceeds Two Hundred Fifty Thousand Dollars ($250,000), Licensor may elect to cancel this License or repair the same, provided that Licensor shall not be obligated to spend more than the amount of the insurance proceeds paid for such casualty. If Licensor elects to repair the damage, it shall diligently pursue such repair, subject to force majeure, to completion in a commercially reasonable manner, and this License shall remain in full force and effect. If Licensor elects to cancel this License as provided in this Section, Licensor shall give written notice of said election within sixty (60) days after the date Licensor becomes aware of the damage and this License shall end as of the date specified in such notice. If this License is so canceled, all interest of Licensor in the Site shall terminate on the date specified in such notice. If Licensor is not able to complete restoration of the Building within twelve (12) months following the date of damage, Licensee may elect to terminate this License. Licensor shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any leasehold improvements, fixtures, any plate glass anywhere on or about the Site, or other personal property of Licensee. Licensee shall promptly repair all such items following any such casualty. c. Anything to the contrary contained herein notwithstanding, if, during the License Agreement Term, Licensor in its sole and absolute judgment, believes that Licensee's use of the Site poses a human health or environmental hazard that cannot be remediated or has not been remediated within 30 days after Licensee has been notified thereof, then (1) Licensee shall immediately cease all operations on the Site; (2) the Agreement shall terminate on 10 days prior notice to Licensee and (3) Licensee shall remove all Equipment in the Site installed by Licensee within 30 days thereafter.

Termination Remedies. a. (a) Upon or after the occurrence of an Event of Default, the non-breaching party defaulting Party shall give written notice thereof to the breaching partydefaulting Party, setting forth the nature of the defaultEvent of Default. The breaching party shall have If the defaulting Party fails to demonstrate within thirty (30) days to cure any non-monetary after receipt of the written notice of default (except as set forth in Section 3(c) hereof) and five (5) days to cure any monetary default. If that it has cured the breaching party shall have failed Event of Default, or if it is not possible to cure such default Default within thirty (30) days that it has undertaken diligent efforts to promptly cure such Default, then the applicable cure period, the non-breaching party non- defaulting Party may elect to terminate this AgreementLease and, whereupon Licensee shallin addition to such right, upon request by Licensormay, forthwith remove its Equipment from subject to Section 7.3 hereof, seek monetary damages or any other remedy to which the Building in a neat and orderly manner in accordance with this Agreement. In addition, either party non-defaulting Party may exercise any and all remedies available to it be entitled at law or in equity. b. If the Building is damaged by fire or other insured casualty and the estimated costs to repair the same are less than Two Hundred Fifty Thousand Dollars ($250,000), Licensor shall repair the same; provided, however, Licensor may elect not to restore damage (a) which occurs within the last six (6) months of the Term hereof, (b) which is not covered by Licensor's insurance policy Within ninety (permitted deductibles excepted) or the proceeds of which are not available to pay the costs of restoration, or (c) any other portion of the Building is damaged to the extent Licensor elects not to restore the same. If the Site or any other portion of the Building is so damaged and Licensor's estimate of the repair costs exceeds Two Hundred Fifty Thousand Dollars ($250,000), Licensor may elect to cancel this License or repair the same, provided that Licensor shall not be obligated to spend more than the amount of the insurance proceeds paid for such casualty. If Licensor elects to repair the damage, it shall diligently pursue such repair, subject to force majeure, to completion in a commercially reasonable manner, and this License shall remain in full force and effect. If Licensor elects to cancel this License as provided in this Section, Licensor shall give written notice of said election within sixty (6090) days after the date Licensor becomes aware of the damage and this License shall end as of the date specified in such noticeof expiration or termination of this Lease (the "Termination Date"), Lessee shall, at Lessee's sole cost and expense, remove the Facility and all of Lessee's personal property from the Site. If this License is Any property not so canceledremoved may, all interest at Lessor's sole option, be removed and stored by Lessor at Lessee's expense. As of Licensor in the Site shall terminate on the date specified in such notice. If Licensor is not able to complete restoration of the Building within twelve (12) months following the date of such removal, neither Party shall have any claim against the other, except for claims or obligations that may have accrued prior to such termination or arise by reason of the removal or non removal of such Facility and other equipment or property, which claims or obligations shall survive termination hereof. Further, Lessee agrees, at its sole cost and expense, to repair or refinish all damage caused by operation or removal of the Facility, excepting damage caused by ordinary wear and tear. If Lessee fails to repair or refinish any such damage, Licensee may elect to terminate this License. Licensor shall not be required to repair any injury or damage by fire or other causeLessor may, or to make any repairs or replacements of any leasehold improvements, fixtures, any plate glass anywhere on or about the Site, or other personal property of Licensee. Licensee shall promptly repair all such items following any such casualty. c. Anything to the contrary contained herein notwithstanding, if, during the License Agreement Term, Licensor in its sole discretion, repair or refinish such damage and absolute judgmentLessee shall reimburse Lessor of all actual and verifiable costs and expenses incurred in such repair or refinishing; provided that prior to Lessor's repair or refinishing such damage, believes that Licensee's use of the Site poses a human health or environmental hazard that cannot be remediated or has not been remediated within 30 Lessor shall provide thirty (30) days after Licensee has been notified thereof, then (1) Licensee shall immediately cease all operations on the Site; (2) the Agreement shall terminate on 10 days prior notice to Licensee and (3) Licensee shall remove all Equipment in Lessee giving Lessee the Site installed by Licensee opportunity to repair or refinish the damage within 30 days thereaftersuch thirty-day period.

Termination Remedies. a. (a) Upon or after the occurrence of an Event of Default, the non-breaching party a Party shall give written notice to the breaching partyother Party, setting forth the nature of the defaultEvent of Default (“Notice of Default”). The breaching party shall have If the Party in default fails to demonstrate within thirty (30) days after receipt of the Notice of Default that all necessary and reasonable actions to cure any non-monetary remedy the Event of Default has been taken, then the Party alleging default (except as set forth in Section 3(c) hereof) and five (5) days to cure any monetary default. If the breaching party shall have failed to cure such default within the applicable cure period, the non-breaching party may elect to terminate this Agreement, whereupon Licensee shall, upon request by Licensor, forthwith remove its Equipment from the Building in a neat Agreement and orderly manner in accordance with this Agreement. In addition, either party it may exercise ▇▇▇ for any and all remedies available other damages to it which such Party may be entitled at law or in equityequity (except that no claim for fees due after the date of termination shall be made if Licensee’s Event of Default is solely that listed in Subparagraph 14(a)(v). b. If the Building is damaged by fire or other insured casualty and the estimated costs to repair the same are less than Two Hundred Fifty Thousand Dollars ($250,000), Licensor shall repair the same; provided, however, Licensor may elect not to restore damage (a) which occurs within the last six (6) months of the Term hereof, (b) which is not covered by Licensor's insurance policy At the expiration or earlier termination of this Agreement (permitted deductibles exceptedthe “Termination Date”) or the proceeds of which are not available and subject to pay the costs of restoration, or (c) any other portion of the Building is damaged to the extent Licensor elects not to restore the same. If the Site or any other portion of the Building is so damaged and Licensor's estimate of the repair costs exceeds Two Hundred Fifty Thousand Dollars ($250,000Subparagraph 15(c), Licensor may elect to cancel this License or repair Licensee shall, at Licensee’s sole cost and expense, without liens, remove Licensee’s Equipment and all of Licensee’s personal property from the same, provided that Licensor shall Building. Any property not be obligated to spend more than the amount of the insurance proceeds paid for such casualty. If Licensor elects to repair the damage, it shall diligently pursue such repair, subject to force majeure, to completion in a commercially reasonable manner, and this License shall remain in full force and effect. If Licensor elects to cancel this License as provided in this Section, Licensor shall give written notice of said election so removed within sixty thirty (6030) days after the date Termination Date may at Licensor’s sole option (i) be removed and stored by Licensor becomes aware at Licensee’s expense or (ii) become the property of the damage and this License shall end as Licensor without compensation to Licensee. As of the date specified in of such noticeremoval, neither party shall have any claim against the other, except for claims or obligations that may have arisen or accrued prior to the Termination Date or arise by reason of removal of Communications Equipment or other property removal. Licensee agrees, at its sole cost and expense, to repair or refinish all damage caused by the operation or removal of Licensee’s Equipment, excepting damage caused by ordinary wear and tear. If this License is so canceled, all interest of Licensor in the Site shall terminate on the date specified in Licensee fails to repair or refinish any such notice. If Licensor is not able to complete restoration of the Building within twelve (12) months following the date of damage, Licensee may elect to terminate this License. Licensor shall not be required to repair any injury or damage by fire or other causemay, or to make any repairs or replacements of any leasehold improvements, fixtures, any plate glass anywhere on or about the Site, or other personal property of Licensee. Licensee shall promptly repair all such items following any such casualty. c. Anything to the contrary contained herein notwithstanding, if, during the License Agreement Term, Licensor in its sole discretion, repair or refinish such damage and absolute judgment, believes that Licensee's use Licensee shall reimburse Licensor of the Site poses a human health all costs and expenses incurred in such repair or environmental hazard that cannot be remediated or has not been remediated within 30 days after Licensee has been notified thereof, thenrefinishing. (1c) Licensee Notwithstanding Subparagraph 15(b): (i) Licensee’s Connecting Equipment and copper in building riser cable shall immediately cease all operations on the Site; (2) the Agreement shall terminate on 10 days prior notice to Licensee and (3) Licensee shall remove all Equipment remain in the Site installed place for use by Licensee within 30 days thereafterother local exchange carriers as stipulated in CRTC decision 2003-45.

Termination Remedies. a. 13.1 Upon or after the occurrence of an Event of Default, the non-breaching party shall give written notice to the breaching party, setting forth the nature of the default. The breaching party shall have thirty (30) days to cure any non-monetary default (except as set forth in Section 3(c) hereof) and five (5) days to cure any monetary default. If the breaching party shall have failed to cure such default within the applicable cure period, the non-breaching defaulting party may elect to terminate this Agreement, whereupon Licensee shall, upon request by Licensor, forthwith remove its Equipment from License and it may ▇▇▇ for any other damages to which the Building in a neat and orderly manner in accordance with this Agreement. In addition, either non-defaulting party may exercise any and all remedies available to it be entitled at law or in equity. b. 13.2 At the expiration or earlier termination of this License (the "Termination Date") Licensee shall, at Licensee's sole cost and expense, without liens, remove Licensee's Equipment and all of Licensee's personal property from the Building. If Licensee does not remove all of Licensee's Equipment and all of Licensee's personal property installed pursuant to this License (as distinguished from personal property of Tenant remaining in the Building, the disposition of which property in the Building is damaged shall be governed by fire or other insured casualty and the estimated costs to repair applicable provisions of the same are less than Two Hundred Fifty Thousand Dollars ($250,000)Lease) from the Building by the Termination Date, Licensor shall repair have the same; provided, however, Licensor may elect right (but not the obligation) to restore damage (a) which occurs within the last six (6) months of the Term hereof, (b) which is not covered by Licensor's insurance policy (permitted deductibles excepted) or the proceeds of which are not available to pay the costs of restoration, or (c) any other portion of the Building is damaged to the extent Licensor elects not to restore the same. If the Site or any other portion of the Building is so damaged and Licensor's estimate of the repair costs exceeds Two Hundred Fifty Thousand Dollars ($250,000), Licensor may elect to cancel this License or repair remove the same, provided that and Licensee shall pay Licensor on demand for all costs of removal and storage thereof, and shall in addition pay as a License Fee until such Licensee's Equipment is removed twice the License Fee payable in the last full month prior to the termination from the Termination Date through the end of the time such Licensee's Equipment is actually removed. Licensor shall not be obligated also have the right, without any compensation to spend more than the amount of the insurance proceeds paid for such casualty. If Licensor elects to repair the damage, it shall diligently pursue such repair, subject to force majeureLicensee, to completion in a commercially reasonable manner, retain or dispose of all or any portion of such property if Licensee does not pay all such costs and this License shall remain in full force and effect. If Licensor elects retrieve the property prior to cancel this License as provided in this Section, Licensor shall give written notice the earlier of said election within (x) sixty (60) days after the date Termination Date or (y) ten (10) days after notice from Licensor becomes aware (in which event title to all such property described in Licensor's notice shall at Licensor's election be transferred to and vest in Licensor). As of the Termination Date, neither party shall have any claim against the other, except for claims or obligations that may have arisen or accrued prior to such termination or arise by reason of such Licensee's Equipment and other equipment or property removal, which claims or obligations shall survive such termination. Further, Licensee agrees, at its sole cost and expense, to repair or refinish all damage caused by the operation or removal of Licensee's Equipment, excepting damage caused by ordinary wear and tear or casualty which is neither caused by Licensee nor contributed to by Licensee. If any of the improvements installed or constructed by Licensee at the Building penetrated the roof membrane or otherwise in any way affected the watertight integrity of the Building's roof, then upon removal of such improvements, Licensee shall provide Licensor with a written warranty, in a form and from a contractor reasonably acceptable to Licensor, warranting the watertight integrity of those areas of the roof which are (a) in the Rooftop Space or (b) affected by such removal and are in the vicinity of the Rooftop Space, after removal of such improvements, for a period equal to the remaining useful life of the existing roof at the time of such removal. If Licensee fails to repair or refinish any such damage, Licensor may, in its sole discretion, repair or refinish such damage and this License Licensee shall end as reimburse Licensor for all costs and expenses incurred in such repair or refinishing. 13.3 Licensee shall not have the right to hold over at any time and Licensor may exercise any and all remedies at law or in equity to recover possession of the date specified in such notice. If this License is so canceledRooftop Space, all interest of the Equipment Room and Building Communications Spaces, as well as any damages incurred by Licensor in due to Licensee's failure to vacate the Site shall terminate on Rooftop Space, the date specified in such notice. If Equipment Room and Building Communications Spaces and deliver possession to Licensor is not able to complete restoration of the Building within twelve (12) months following the date of damage, Licensee may elect to terminate as required by this License. If Licensee holds over after the Termination Date with Licensor's prior written consent, Licensee shall, unless and until the parties agree otherwise in writing, pay monthly not less than 150% of the monthly License Fees payable during the last year of the Term and Licensee will be bound by all of the other terms, covenants and conditions of this License as the same may apply to a month-to-month license. If Licensee holds over after the Termination Date without Licensor's prior written consent, Licensee shall be deemed a licensee at sufferance, at daily License Fees, payable in advance, equal to 200% of the License Fees per day payable during the last year of the Term, and Licensee will be bound by all of the other terms, covenants and conditions of this License as the same may apply to a licensee at sufferance. 13.4 In the event of a Licensee Event of Default or a Licensor Event of Default, as the case may be, the non-defaulting party shall have all rights available in equity or at law. Neither party shall be liable to the other party for any indirect, special, incidental, or consequential damages, including lost profits, provided, however, that the foregoing exclusion shall not be required apply to repair any injury damages suffered, incurred or damage paid by fire or other cause, or Licensor with respect to make any repairs or replacements of any leasehold improvements, fixtures, any plate glass anywhere on or about the Site, or other personal property of Licensee. which Licensee shall promptly repair all such items following any such casualtyis obligated to indemnify Licensor under this License. c. Anything to the contrary contained herein notwithstanding, if, during the License Agreement Term, Licensor in its sole and absolute judgment, believes that Licensee's use of the Site poses a human health or environmental hazard that cannot be remediated or has not been remediated within 30 days after Licensee has been notified thereof, then (1) Licensee shall immediately cease all operations on the Site; (2) the Agreement shall terminate on 10 days prior notice to Licensee and (3) Licensee shall remove all Equipment in the Site installed by Licensee within 30 days thereafter.

Termination Remedies. a. (a) Upon or after the occurrence of an Event of Default, the non-breaching defaulting party shall give written notice to the breaching defaulting party, setting forth the nature of the default. The breaching party shall have thirty (30) days to cure any non-monetary default (except as set forth in Section 3(c) hereof) and five (5) days to cure any monetary defaultEvent of Default. If the breaching defaulting party shall have failed fails to cure such demonstrate within ten (10) days after receipt of the written notice of default that it took all actions necessary to avoid default under Paragraph 6 within the applicable cure periodtime period specified in Paragraph 6, then the non-breaching defaulting party may elect to terminate this Agreement, whereupon Licensee shall, upon request by Licensor, forthwith remove its Equipment from Agreement and it may ▇▇▇ for any other damages to which the Building in a neat and orderly manner in accordance with this Agreement. In addition, either non-defaulting party may exercise any and all remedies available to it be entitled at law or in equity. b. If the Building is damaged by fire or other insured casualty and the estimated costs to repair the same are less than Two Hundred Fifty Thousand Dollars ($250,000), Licensor shall repair the same; provided, however, Licensor may elect not to restore damage (a) which occurs within the last six (6) months of the Term hereof, (b) which is not covered by Licensor's insurance policy At the expiration or earlier termination of this Agreement (permitted deductibles exceptedthe “Termination Date”) or the proceeds of which are not available to pay the costs of restorationLicensee shall, or (c) any other portion of at Licensee’s sole cost and expense, remove Licensee’s Connecting Cables, HVAC Units, and Antenna Equipment from the Building is damaged to the extent Licensor elects and repair all damage caused by such removal reasonable wear and tear excepted. Any property not to restore the same. If the Site or any other portion of the Building is so damaged and Licensor's estimate of the repair costs exceeds Two Hundred Fifty Thousand Dollars ($250,000), Licensor may elect to cancel this License or repair the same, provided that Licensor shall not be obligated to spend more than the amount of the insurance proceeds paid for such casualty. If Licensor elects to repair the damage, it shall diligently pursue such repair, subject to force majeure, to completion in a commercially reasonable manner, and this License shall remain in full force and effect. If Licensor elects to cancel this License as provided in this Section, Licensor shall give written notice of said election removed within sixty (60) days after the date termination or expiration of this Agreement may be removed and stored by Licensor becomes aware of at Licensee’s expense or shall become the damage and this License shall end as of the date specified in such notice. If this License is so canceled, all interest property of Licensor without compensation to Licensee. Notwithstanding the foregoing, Licensee’s Connecting Cables shall, at Licensor’s option and upon written notice to Licensee, become the property of Licensor and remain in the Site shall terminate on the date specified in such noticeBuilding. If Licensor is not able elects to complete restoration retain some or all of Licensee’s Connecting Cables, Licensee shall execute a ▇▇▇▇ of sale or other document necessary to effect such transfer of ownership, at no additional cost or consideration from Licensor to Licensee, within thirty (30) days after receiving such written notice. (c) In any suit or legal proceeding arising out of this Agreement or the underlying transaction the prevailing party shall be indemnified by the unsuccessful party for all reasonable expenses and costs including attorneys’ fees, which obligation shall survive the termination of the Building within twelve (12) months following the date of damage, Licensee may elect to terminate this License. Licensor shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any leasehold improvements, fixtures, any plate glass anywhere on or about the Site, or other personal property of Licensee. Licensee shall promptly repair all such items following any such casualtyAgreement. c. Anything to the contrary contained herein notwithstanding, if, during the License Agreement Term, Licensor in its sole and absolute judgment, believes that Licensee's use of the Site poses a human health or environmental hazard that cannot be remediated or has not been remediated within 30 days after Licensee has been notified thereof, then (1) Licensee shall immediately cease all operations on the Site; (2) the Agreement shall terminate on 10 days prior notice to Licensee and (3) Licensee shall remove all Equipment in the Site installed by Licensee within 30 days thereafter.

Termination Remedies. a. (a) Upon or after the occurrence of an Event of Default, the non-breaching party a Party shall give written notice to the breaching partyother Party, setting forth the nature of the defaultEvent of Default ("Notice of Default"). The breaching party shall have If the Party in default fails to demonstrate within thirty (30) days after receipt of the Notice of Default that all necessary and reasonable actions to cure any non-monetary remedy the Event of Default has been taken, then the Party alleging default (except as set forth in Section 3(c) hereof) and five (5) days to cure any monetary default. If the breaching party shall have failed to cure such default within the applicable cure period, the non-breaching party may elect to terminate this Agreement, whereupon Licensee shall, upon request by Licensor, forthwith remove its Equipment from the Building in a neat Agreement and orderly manner in accordance with this Agreement. In addition, either party it may exercise ▇▇▇ for any and all remedies available other damages to it which such Party may be entitled at law or in equityequity (except that no claim for fees due after the date of termination shall be made if Licensee's Event of Default is solely that listed in Subparagraph 12 (a)(v). b. If the Building is damaged by fire or other insured casualty and the estimated costs to repair the same are less than Two Hundred Fifty Thousand Dollars ($250,000), Licensor shall repair the same; provided, however, Licensor may elect not to restore damage (a) which occurs within the last six (6) months of the Term hereof, (b) which is not covered by Licensor's insurance policy At the expiration or earlier termination of this Agreement (permitted deductibles exceptedthe "Termination Date") or the proceeds of which are not available and subject to pay the costs of restoration, or (c) any other portion of the Building is damaged to the extent Licensor elects not to restore the same. If the Site or any other portion of the Building is so damaged and Licensor's estimate of the repair costs exceeds Two Hundred Fifty Thousand Dollars ($250,000Subparagraph 13(c), Licensor may elect to cancel this License or repair Licensee shall, at Licensee's sole cost and expense, without liens, remove Licensee's Equipment and all of Licensee's personal property from the same, provided that Licensor shall Building. Any property not be obligated to spend more than the amount of the insurance proceeds paid for such casualty. If Licensor elects to repair the damage, it shall diligently pursue such repair, subject to force majeure, to completion in a commercially reasonable manner, and this License shall remain in full force and effect. If Licensor elects to cancel this License as provided in this Section, Licensor shall give written notice of said election so removed within sixty thirty (6030) days after the date Termination Date may at Licensor's sole option (i) be removed and stored by Licensor becomes aware at Licensee's expense or (ii) become the property of the damage and this License shall end as Licensor without compensation to Licensee. As of the date specified in of such noticeremoval, neither party shall have any claim against the other, except for claims or obligations that may have arisen or accrued prior to the Termination Date or arise by reason of removal of Communications Equipment or other property removal. Licensee agrees, at its sole cost and expense, to repair or refinish all damage caused by the operation or removal of Licensee's Equipment, excepting damage caused by ordinary wear and tear. If this License is so canceled, all interest of Licensor in the Site shall terminate on the date specified in Licensee fails to repair or refinish any such notice. If Licensor is not able to complete restoration of the Building within twelve (12) months following the date of damage, Licensee may elect to terminate this License. Licensor shall not be required to repair any injury or damage by fire or other causemay, or to make any repairs or replacements of any leasehold improvements, fixtures, any plate glass anywhere on or about the Site, or other personal property of Licensee. Licensee shall promptly repair all such items following any such casualty. c. Anything to the contrary contained herein notwithstanding, if, during the License Agreement Term, Licensor in its sole discretion, repair or refinish such damage and absolute judgment, believes that Licensee shall reimburse Licensor of all costs and expenses incurred in such repair or refinishing (c) Notwithstanding Subparagraph 13(b): (i) Licensee's Connecting Equipment and copper in building riser cable shall remain in place for use of the Site poses a human health or environmental hazard that cannot be remediated or has not been remediated within 30 days after Licensee has been notified thereof, then (1) Licensee shall immediately cease all operations on the Site; (2) the Agreement shall terminate on 10 days prior notice to Licensee and (3) Licensee shall remove all Equipment by other local exchange carriers as stipulated in the Site installed by Licensee within 30 days thereafterCRTC decision 2003-45.

Termination Remedies. a. Upon occurrence of an Event of Default, the non-breaching party shall give written notice to the breaching party, setting forth the nature of the default. The breaching party shall have thirty (30) days to cure any non-non- monetary default (except as set forth in Section 3(c) hereof) and five (5) days to cure any monetary default. If the breaching party shall have failed to cure such default within the applicable cure period, the non-breaching party may elect to terminate this Agreement, whereupon Licensee shall, upon request by Licensor, forthwith remove its Equipment from the Building in a neat and orderly manner in accordance with this Agreement. In addition, either party may exercise any and all remedies available to it at law or in equity. b. If the Building is damaged by fire or other insured casualty and the estimated costs to repair the same are less than Two Hundred Fifty Thousand Dollars ($250,000), Licensor shall repair the same; provided, however, Licensor may elect not to restore damage (a) which occurs within the last six (6) months of the Term hereof, (b) which is not covered by Licensor's insurance policy (permitted deductibles excepted) or the proceeds of which are not available to pay the costs of restoration, or (c) any other portion of the Building is damaged to the extent Licensor elects not to restore the same. If the Site or any other portion of the Building is so damaged and Licensor's estimate of the repair costs exceeds Two Hundred Fifty Thousand Dollars ($250,000), Licensor may elect to cancel this License or repair the same, provided that Licensor shall not be obligated to spend more than the amount of the insurance proceeds paid for such casualty. If Licensor elects to repair the damage, it shall diligently pursue such repair, subject to force majeure, to completion in a commercially reasonable manner, and this License shall remain in full force and effect. If Licensor elects to cancel this License as provided in this Section, Licensor shall give written notice of said election within sixty (60) days after the date Licensor becomes aware of the damage and this License shall end as of the date specified in such notice. If this License is so canceled, all interest of Licensor in the Site shall terminate on the date specified in such notice. If Licensor is not able to complete restoration of the Building within twelve (12) months following the date of damage, Licensee may elect to terminate this License. Licensor shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any leasehold improvements, fixtures, any plate glass anywhere on or about the Site, or other personal property of Licensee. Licensee shall promptly repair all such items following any such casualty. c. Anything to the contrary contained herein notwithstanding, if, during the License Agreement Term, Licensor in its sole and absolute judgment, believes that Licensee's use of the Site poses a human health or environmental hazard that cannot be remediated or has not been remediated within 30 days after Licensee has been notified thereof, then (1) Licensee shall immediately cease all operations on the Site; (2) the Agreement shall terminate on 10 days prior notice to Licensee and (3) Licensee shall remove all Equipment in the Site installed by Licensee within 30 days thereafter.

Termination Remedies. a. Upon occurrence (a) Each party hereto shall have the right to terminate this Agreement due to a breach by the other party of an Event any term of Defaultthis Agreement, including but not limited to, the non-breaching party shall give representations, warranties and covenants set forth herein, following written notice of said breach to the breaching party, setting forth the nature party and failure of the default. The breaching party shall have to cure a breach which is curable within thirty (30) business days of receipt of the notice. Incurable breaches shall not be subject to the notice and cure provision and shall entitle Licensor to immediately terminate the Agreement, and shall include the following: (i) in the event that Licensee uses the Licensed Property contrary to Licensor's approval, commits any non-monetary default illegal or illicit act; (except as set forth ii) Licensee permits the cancellation of any insurance coverage in Section 3(cwhich Licensor is a covered insured; (iii) hereofLicensee takes any action which harms the value of the Licensed Pr▇▇▇▇▇y which is not capable of being cured by Licensee within thirty (30) business days of being notified by Licensor; and (iv) if any financial obligation of Licensee to Licensor is not satisfied within ten (10) business days of notice by Licensor to Licensee. Licensor may terminate this Agreement at any time by giving written notice to Licensee if (a) Licensee is involuntarily dissolved, makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy or (b) Licensor becomes aware that Licensee has committed any act or become involved in any situation or occurrence which, in the reasonable opinion of Licensor, brings Licensor or the Licensed Property into public disrepute, scandal or ridicule, or shocks or offends the community, or reflects unfavorably upon the Licensed Property which is not cured by Licensee within five (5) business days of being notified by Licensor. (b) Licensee acknowledges that a breach by it of any of its obligations set forth herein will cause Licensor irreparable harm or damage, the monetary amount of which would be difficult, if not impossible, to cure any monetary defaultascertain. If the breaching party Licensee therefore agrees that Licensor and its successors and assigns shall have failed the right, in addition to cure such default within seeking monetary damages, to seek and obtain the applicable cure period, the non-breaching party may elect remedy of specific performance and/or injunction with respect to terminate this Agreement, whereupon Licensee shall, upon request by Licensor, forthwith remove its Equipment from the Building in a neat and orderly manner in accordance with any violation or threatened violation of any provision of this Agreement. In addition, either party may exercise any and all remedies available Licensee agrees to it at law or in equity. b. If waive the Building is damaged by fire or other insured casualty and the estimated costs to repair the same are less than Two Hundred Fifty Thousand Dollars ($250,000), Licensor shall repair the same; provided, however, Licensor may elect not to restore damage (a) which occurs within the last six (6) months of the Term hereof, (b) which is not covered by Licensor's insurance policy (permitted deductibles excepted) or the proceeds of which are not available to pay the costs of restoration, or (c) any other portion of the Building is damaged to the extent Licensor elects not to restore the same. If the Site or any other portion of the Building is so damaged and Licensor's estimate of the repair costs exceeds Two Hundred Fifty Thousand Dollars ($250,000), Licensor may elect to cancel this License or repair the same, provided requirement that Licensor shall not be obligated to spend more than the amount of the insurance proceeds paid for such casualty. If Licensor elects to repair the damage, it shall diligently pursue such repair, subject to force majeure, to completion post a bond in a commercially reasonable manner, and this License shall remain in full force and effect. If Licensor elects to cancel this License as provided in this Section, Licensor shall give written notice of said election within sixty (60) days after the date Licensor becomes aware of the damage and this License shall end as of the date specified in such notice. If this License is so canceled, all interest of Licensor in the Site shall terminate on the date specified in such notice. If Licensor is not able to complete restoration of the Building within twelve (12) months following the date of damage, Licensee may elect to terminate this License. Licensor shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any leasehold improvements, fixtures, any plate glass anywhere on or about the Site, or other personal property of Licensee. Licensee shall promptly repair all such items following any such casualtyproceeding. c. Anything to the contrary contained herein notwithstanding, if, during the License Agreement Term, Licensor in its sole and absolute judgment, believes that Licensee's use of the Site poses a human health or environmental hazard that cannot be remediated or has not been remediated within 30 days after Licensee has been notified thereof, then (1) Licensee shall immediately cease all operations on the Site; (2) the Agreement shall terminate on 10 days prior notice to Licensee and (3) Licensee shall remove all Equipment in the Site installed by Licensee within 30 days thereafter.