Common use of Landlord’s Default and Tenant’s Remedies Clause in Contracts

Landlord’s Default and Tenant’s Remedies. If Landlord is in default under any of its obligations under this Sublease and such default continues for more than ten (10) days after written notice from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in the event of any default for which notice has been given as provided herein, which because of its nature can be cured (but not within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period), such default shall be deemed remedied if the correction thereof shall have been commenced within said thirty (30)-day period and shall, when commenced, be diligently prosecuted to completion. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by the failure to exercise said right nor shall any such failure estop Tenant from afterward asserting said right to seek any remedy as provided herein or as provided by law. Tenant shall not be entitled to terminate this Sublease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunder. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED]

Landlord’s Default and Tenant’s Remedies. If Landlord is in default under any of its obligations under this Sublease Lease and such default continues for more than ten thirty (1030) days after written notice from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in the event of any default for which notice has been given as provided herein, which because of its nature can be cured (but not within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period), such default shall be deemed remedied if the correction thereof shall have been commenced within said thirty (30)-day period and shall, when commenced, be diligently prosecuted to completion. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by the failure to exercise said right nor shall any such failure estop Tenant from afterward asserting said right to seek any remedy as provided herein or as provided by law. The remedies of Tenant shall be cumulative, and include any and all remedies as provided by law or in equity, and no one of them shall be construed as exclusive of any other or of any remedy provided by law. Any recovery by Tenant shall include reasonable and documented costs, expenses and reasonable attorneys' fees incurred by Tenant. Any prior waiver of any of Tenant's rights under the Lease shall not constitute a waiver of Tenant's rights to damages in event of subsequent default or breach of Landlord. Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this SubleaseLease) any sums due hereunder. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED].

Landlord’s Default and Tenant’s Remedies. If Landlord is shall be in default under Default if it fails to perform any of its obligations term, condition, covenant or obligation required under this Sublease and such default continues Lease for more than ten a period of thirty (1030) days after written notice thereof from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in that if the event of any default for which notice has been given as provided hereinterm, which because of its nature can condition, covenant or obligation to be cured (but performed by Landlord is such that it cannot reasonably be performed within such thirty (30)-day period30) days, other than such Default shall be deemed to have been cured if Landlord commences such performance within said thirty-day period and thereafter diligently undertakes to complete the failure same. Landlord will use commercially reasonable efforts to pay repair essential Building services as soon as possible. If Landlord has not commenced to cure a sum of money which shall maintenance or repair Default set forth in all events be cured said notice from Tenant within such said 30-day period), such default Tenant may undertake all reasonable action to cure Landlord's failure of performance. If Tenant elects to cure said Default, Tenant shall, prior to commencement of said work, provide to Landlord a specific description of the work to be performed by Tenant and the name of Tenant's contractor. Any materials used shall be deemed remedied if of equal or better quality than currently exists in the correction thereof shall have been commenced within said thirty (30)-day period Building and shall, when commenced, be diligently prosecuted to completion. Tenant's right contractor shall be adequately insured and of good reputation. Landlord agrees to seek any remedy reimburse Tenant on demand for Landlord's default shall not be deemed waived all reasonable, third party out-of-pocket expenses incurred by Tenant in connection therewith, provided that Tenant delivers to Landlord adequate bills or other supporting evidence substantiating said cost. Upon the failure to exercise said right nor shall occurrence of any such failure estop Default, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from afterward asserting said right to seek any remedy as provided herein or as provided by law. the breach, but Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunder. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED].

Landlord’s Default and Tenant’s Remedies. If In the event of any ---------------------------------------- breach or default by Landlord is in default under any of its obligations under this Sublease Lease which breach or default is remediable and such default which (i) continues for more than ten a period of thirty (1030) days after written notice thereof from Tenant, then in addition to all other rights and remedies of Tenant to Landlordunder this Lease and at law or equity, Tenant may pursue all remedies at law or in equity; provided(but shall not be obligated to) cure such breach on behalf of Landlord, and upon demand by Tenant Landlord shall promptly pay to Tenant the reasonable and actual costs and expenses of such cure. Provided, however, that such breach or default is of a nature that it cannot be remedied within a thirty (30) day period then Tenant shall not have the foregoing right unless Landlord is not diligently pursuing a remedy to completion. Notwithstanding anything contained in this Lease to the contrary, in the event of any default an emergency situation, the correction of which is Landlord's responsibility, Tenant shall immediately notify Landlord or the property manager orally or by facsimile, and upon the failure of Landlord or the property manager to promptly correct the emergency situation, Tenant shall have the right to correct the same and receive reimbursement therefor provided that the failure of Landlord to immediately correct the emergency situation shall not be considered a Default under this Lease. An "emergency" situation shall be presumed if the prompt or immediate failure to cure has the potential to result in injuries to persons or damage to property. When Tenant makes demand for which notice has been given as provided hereinpayment, which because Tenant shall furnish Landlord an itemized statement of its nature can be cured (but not within such the costs and expenses incurred for cure. All costs and expenses incurred or advanced by Tenant under this Section 21.6 shall accrue interest at the Default Rate from thirty (30)-day period, other than 30) days after the failure to pay date Landlord receives a sum demand for payment and an itemized statement of money which shall such costs and expenses until payment is made in all events be cured within such 30-day period), such default shall be deemed remedied if the correction thereof shall have been commenced within said thirty (30)-day period and shall, when commenced, be diligently prosecuted to completionfully by Landlord. Tenant's right rights hereunder to seek any remedy for cure Landlord's default shall not be deemed waived by the failure to exercise said right nor shall any such failure estop (i) impose an obligation on Tenant from afterward asserting said right to seek any remedy as provided herein or as provided by law. do so, (ii) render Tenant shall not be entitled to terminate this Sublease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunder. In no event, however, shall Landlord be liable to Tenant Landlord or any third party for an election not to do so, (iii) relieve Landlord from any consequential performance obligation hereunder or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED](iv) relieve Landlord from any indemnity obligation herein.

Landlord’s Default and Tenant’s Remedies. If Landlord is shall be in default under if it fails to perform any of its obligations term, condition, covenant or obligation required under this Sublease and such default continues Lease for more than ten a period of thirty (1030) days after written notice thereof from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in that if the event of any default for which notice has been given as provided hereinterm, which because of its nature can condition, covenant or obligation to be cured (but performed by Landlord is such that it cannot reasonably be performed within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period)) days, such default shall be deemed remedied if the correction thereof shall to have been commenced cured if Landlord commences such performance within said thirty (30)-day thirty-day period and shallthereafter diligently undertakes to complete the same. Upon the occurrence of any such default, when commencedTenant may xxx for injunctive relief or to recover damages for any loss directly resulting from the breach, be diligently prosecuted to completion. Tenant's right to seek any remedy for Landlord's default or Tenant may (but shall not be deemed waived obligated to) perform the obligation of Landlord after first giving Landlord thirty (30) days prior written notice of its intent to cure such default by Landlord, and the failure reasonable actual cost thereof shall be payable from Landlord to exercise said right nor shall Tenant upon demand with interest at the Interest Rate. If Landlord fails to reimburse Tenant within thirty (30) days from receipt of written notice for the reasonable actual cost of performing Landlord’s obligation, or if Landlord fails to timely pay to Tenant any other amount due to Tenant under this Lease within thirty (30) days after Tenant gives Landlord written notice of such past due amount, then Tenant may in either of such events deduct any such failure estop amounts owing from Landlord, plus interest thereon at the Interest Rate payable as of the date of Tenant’s notice, from Monthly Rental Installments or other charges due or to become due Landlord under this Lease; provided however, that in no event shall Tenant from afterward asserting said right to seek any remedy as provided herein or as provided by law. Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunderhereunder except as otherwise provided herein or pursuant to an order from a court of competent jurisdiction. In no eventPending the outcome of such suit, however, shall Tenant may tender to the court rather than to Landlord rent payments thereafter coming due under this Lease up to the amount claimed by Tenant to be liable owed to Tenant for any consequential or punitive damages. Section 11.04. Limitation of from Landlord's Liability. [INTENTIONALLY OMITTED].

Landlord’s Default and Tenant’s Remedies. If The following will be considered ---------------------------------------- a default by Landlord: (i) failure to pay any economic allowances due from Landlord is in default under any of its obligations under this Sublease and such default continues hereunder for more than ten thirty (1030) days after receipt of written demand from Tenant, or (ii) failure to keep and perform any of the terms, covenants or conditions of this Lease to be kept and performed by Landlord and such failure continues for thirty (30) days after receipt of written notice from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in the event of any default for which notice has been given as (provided herein, which because of its nature can that if such cure cannot be cured (but not within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured completed within such 30-day period, Landlord will not be in default as long as Landlord commences to cure such failure within such 30-day period and thereafter diligently pursues such cure to completion). If Landlord's failure results in, or is reasonably likely to result in, a material adverse effect on Tenant's operations within the Premises, then Tenant may elect to pay such default shall be deemed remedied if sum or perform such covenant or condition and Landlord will reimburse Tenant for the correction thereof shall have been commenced cost of performing such obligations within said thirty (30)-day period and shall30) days of receipt of an invoice for such costs. In the event Landlord fails to reimburse Tenant for such costs within such thirty (30) day period, when commenced, be diligently prosecuted interest will accrue on such amount at the Default Rate from the day after such payment was due. Forbearance by Tenant to completion. Tenant's right to seek enforce any remedy upon any default by Landlord will not constitute a waiver of such default. The failure of Tenant to insist at any time upon the strict performance of any covenant or agreement or to exercise any options, right, power or remedy contained in this Lease will not be construed as a waiver or a relinquishment thereof for the future. The remedies set forth in this Section are in addition to and not in limitation of any other rights and remedies of Tenant contained in this Lease, or at law or in equity. Tenant agrees that it will give concurrent notice of any default by Landlord under this lease to Landlord's default shall not mortgagee (provided that Tenant has actually received written notice of such mortgagee and the address to which such notices are to be deemed waived by sent) and such mortgage will have a period of thirty (30) days in addition to the failure time periods given to Landlord in this Section to effect a cure before Tenant may exercise said right nor shall any such failure estop Tenant from afterward asserting said right to seek any remedy as provided herein or as provided by law. Tenant shall not be entitled to terminate this Sublease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due its rights hereunder. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED].

Landlord’s Default and Tenant’s Remedies. If Landlord is in It shall be a default under and breach of this Lease by Landlord (“Landlord Default”) if Landlord shall fail to perform or observe any of its obligations term, condition, covenant or obligation required to be performed or observed by Landlord under this Sublease and such default continues Lease for more than ten a period of thirty (1030) days after written notice thereof from Tenant to Landlord, Tenant may pursue all remedies at law or in equityTenant; provided, however, in that if the event term, condition, covenant or obligation to be performed by Landlord is of any default for which notice has been given as provided herein, which because of its such nature can that the same cannot reasonably be cured (but not performed within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30thirty-day period), such default shall be deemed remedied if the correction thereof shall to have been commenced cured if Landlord commences such performance within said thirty (30)-day thirty-day period and shallthereafter diligently undertakes to complete the same within a reasonable time, when commencednot to exceed sixty (60) days. Upon the occurrence of a Landlord Default, be diligently prosecuted Tenant may xxx for injunctive relief or to completion. Tenant's right to seek recover damages for any remedy for Landlord's default shall not be deemed waived by loss resulting from the failure to exercise said right nor shall any such failure estop Tenant from afterward asserting said right to seek any remedy as provided herein or as provided by law. Landlord Default, but Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset withhold or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums Rental due hereunder, absent Tenant’s obtaining a final, non-appealable judgment. In no eventAll remedies of Tenant for a Landlord Default, howeverwhether at law, in equity or as provided in this Lease, shall Landlord be liable deemed to be cumulative and may be exercised serially or simultaneously as Tenant for any consequential or punitive damagesmay elect. Section 11.04. Limitation No action by Tenant shall be deemed to be an election of Landlord's Liability. [INTENTIONALLY OMITTED]remedies.

Landlord’s Default and Tenant’s Remedies. If Landlord is shall be in default under if it fails to perform any of its obligations term, condition, covenant or obligation required under this Sublease and such default continues Lease for more than ten a period of thirty (1030) days after written notice thereof from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in that if the event of any default for which notice has been given as provided hereinterm, which because of its nature can condition, covenant or obligation to be cured (but performed by Landlord is such that it cannot reasonably be performed within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period)) days, such default shall be deemed remedied if the correction thereof shall to have been commenced cured if Landlord commences such performance within said thirty (30)-day thirty-day period and shall, when commenced, be thereafter diligently prosecuted undertakes to completioncomplete the same. Tenant's right Landlord shall use commercially reasonable speed and diligence to seek any remedy for Landlord's default shall not be deemed waived by repair essential building services as soon as possible. Upon the failure to exercise said right nor shall occurrence of any such failure estop default, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from afterward asserting said right to seek any remedy as provided herein or as provided by law. the breach, but Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunder. As to Landlord’s maintenance and repair obligations hereunder inside the Leased Premises, if Landlord has not cured or commenced to cure a maintenance or repair default set forth in said notice from Tenant within said 30-day period, Tenant may undertake all reasonable action to cure Landlord’s failure of performance. If Tenant elects to cure said default, Tenant shall, prior to commencement of said work, provide to Landlord a specific description of the work to be performed by Tenant and the name of Tenant’s contractor. Any materials used shall be of equal or better quality than currently exists in the Building and Tenant’s contractor shall be adequately insured and of good reputation. Landlord agrees to reimburse Tenant on demand for all reasonable, third party out-of-pocket expenses incurred by Tenant in connection therewith, provided that Tenant delivers to Landlord adequate bills or other supporting evidence substantiating said cost. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED].

Landlord’s Default and Tenant’s Remedies. If Landlord is in default under any of its obligations under this Sublease Lease and such default continues for more than ten thirty (1030) days after written notice from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in the event of any default for which notice has been given as provided herein, which because of its nature can be cured (but not within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period), such default shall be deemed remedied if the correction thereof shall have been commenced within said thirty (30)-day period and shall, when commenced, be diligently prosecuted to completion. Tenant's ’s right to seek any remedy for Landlord's ’s default shall not be deemed waived by the failure to exercise said right nor shall any such failure estop Tenant from afterward asserting said right to seek any remedy as provided herein or as provided by law. The remedies of Tenant shall not be entitled to terminate this Sublease cumulative, and include any and all remedies as provided by law or withholdin equity, offset and no one of them shall be construed as exclusive of any other or xxxxx (except for of any abatement express remedy provided by law. Any prior waiver of any of Tenant’s rights under the terms Lease shall not constitute a waiver of this SubleaseTenant’s rights to damages in event of subsequent default or breach of Landlord. In the event that Landlord fails to cure a default within thirty (30) any sums due hereunderdays after receipt of notice from Tenant, or if having commenced said cure Landlord does not diligently prosecute to completion, then Tenant may elect to cure such default at Tenant’s expense and offset from Rent the actual and reasonable cost to perform such cure. Tenant shall document the cost of said cure and supply said documentation to Landlord. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED].

Landlord’s Default and Tenant’s Remedies. If Landlord is shall be in default under if it fails to perform any of its obligations term, condition, covenant or obligation required under this Sublease and such default continues Lease for more than ten a period of thirty (1030) days after written notice thereof from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in that if the event of any default for which notice has been given as provided hereinterm, which because of its nature can condition, covenant or obligation to be cured (but performed by Landlord is such that it cannot reasonably be performed within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period)days, such default shall be deemed remedied if the correction thereof shall to have been commenced cured if Landlord commences such performance within said thirty (30)-day thirty-day period and shall, when commenced, be thereafter diligently prosecuted undertakes to completioncomplete the same. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by Upon the failure to exercise said right nor shall occurrence of any such failure estop default, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from afterward asserting said right to seek any remedy as provided herein or as provided by law. the breach, but Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunder. In no eventNotwithstanding the foregoing, it shall be a default under and breach of this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease, which failure prevents Tenant from conducting its normal business operations in the Leased Premises, for a period of ten (10) days after notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same cannot reasonably be performed within such ten-day period, such default shall be deemed to have been cured if Landlord be liable commences such performance within said ten-day period and thereafter diligently undertakes to complete the same and does so complete the required action within a reasonable time. Upon the occurrence of any such default, Tenant may xxx for injunctive relief or to recover damages for any consequential loss resulting from the breach, but Tenant shall not be entitled to terminate this Lease or punitive damageswithhold or xxxxx any rent due hereunder except as specifically provided elsewhere in this Lease. Section 11.04Notwithstanding the foregoing, in the event of an Emergency Situation, as hereinafter defined, if the default is not cured after reasonable notice to (or diligent attempts to notify) Landlord, Tenant may cure the default at Landlord’s expense, provided that such cure is not more extensive than is reasonably necessary under the circumstances. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED]“

Landlord’s Default and Tenant’s Remedies. If Landlord is in default fails to pay any amounts due to Tenant under this Lease and shall not cure such failure within ten (10) business days following Tenant's notice to Landlord (and to the holder of any Mortgage) or if Landlord fails to keep or perform any of its obligations under this Sublease Lease and shall not cure such default continues for more than ten failure within thirty (1030) days after written following Tenant's notice from Tenant to LandlordLandlord (and to the holder of any Mortgage), Tenant may pursue all remedies at law or Landlord shall be in equitydefault under this Lease; provided, however, if the failure is of a nature that it cannot be cured within thirty (30) days, Landlord shall not be in default so long as Landlord commences the cure within such thirty (30) day period and diligently and continuously pursues the cure to completion as soon as reasonably possible. Upon the occurrence of any default by Landlord in the payment of money due to Tenant under this Lease which default remains uncured for the period described in the preceding sentence, Tenant may offset the amount due, plus interest at the rate specified in Section 2.4, against the next Monthly Rental Installment and monthly installment of Annual Rental Adjustment due under this Lease, but in no event shall Tenant be entitled to offset against more than 50% of any Minimum Annual Rent or monthly installment of Annual Rental Adjustment installment until such time as Tenant must offset against 100% of the remaining Minimum Annual Rent to recoup its costs prior to the expiration of this Lease. In the event of any default for which notice has been given as provided herein, which because by Landlord in any of its nature can be cured non-monetary obligations under this Lease, Tenant may pursue either of the following remedies: (but not within such thirty (30)-day period, other than the failure to pay a sum of money which shall in i) take any and all events be cured within such 30-day period), such default shall be deemed remedied if the correction thereof shall have been commenced within said thirty (30)-day period and shall, when commenced, be diligently prosecuted to completion. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by the failure to exercise said right nor shall any such failure estop Tenant from afterward asserting said right to seek any remedy as provided herein or as provided by law. Tenant shall not be entitled to terminate this Sublease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunder. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED]action

Landlord’s Default and Tenant’s Remedies. If Landlord is shall be in default under if it fails to perform any of its obligations term, condition, covenant or obligation required under this Sublease and such default continues Lease for more than ten a period of thirty (1030) days after written notice thereof from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in that if the event of any default for which notice has been given as provided hereinterm, which because of its nature can condition, covenant or obligation to be cured (but performed by Landlord is such that it cannot reasonably be performed within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period)) days, such default shall be deemed remedied if the correction thereof shall to have been commenced cured if Landlord commences such performance within said thirty (30)-day thirty-day period and shall, when commenced, be thereafter diligently prosecuted undertakes to completioncomplete the same. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by Upon the failure to exercise said right nor shall occurrence of any such failure estop default, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from afterward asserting said right to seek any remedy as provided herein or as provided by law. the breach, but Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunder. As to Landlord's maintenance and repair obligations hereunder inside the Leased Premises, if Landlord has not cured or commenced to cure a maintenance or repair default set forth in said notice from Tenant within said 30-day period, Tenant may undertake all reasonable action to cure Landlord's failure of performance. If Tenant elects to cure said default, Tenant shall, prior to commencement of said work, provide to Landlord a specific description of the work to be performed by Tenant and the name of Tenant's contractor. Any materials used shall be of equal or better quality than currently exists in the Building and Tenant's contractor shall be adequately insured and of good reputation. Landlord agrees to reimburse Tenant on demand for all reasonable, third party out-of­ pocket expenses incurred by Tenant in connection therewith, provided that Tenant delivers to Landlord adequate bills or other supporting evidence substantiating said cost. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED].

Landlord’s Default and Tenant’s Remedies. If Landlord is shall be in default under if it fails to perform any of its obligations term, condition, covenant or obligation required under this Sublease and such default continues Lease for more than ten a period of thirty (1030) days after written notice thereof from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in that if the event of any default for which notice has been given as provided hereinterm, which because of its nature can condition, covenant or obligation to be cured (but performed by Landlord is such that it cannot reasonably be performed within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period)) days, such default shall be deemed remedied if the correction thereof shall to have been commenced cured if Landlord commences such performance within said thirty (30)-day thirty-day period and shall, when commenced, be thereafter diligently prosecuted undertakes to completioncomplete the same. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by Upon the failure to exercise said right nor shall occurrence of any such failure estop default, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from afterward asserting said right to seek any remedy as provided herein or as provided by law. the breach, but Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunderhereunder unless such default has effectively prevented Tenant from use of the Leased Premises. In no eventNotwithstanding the foregoing to the contrary, howeverif Landlord has failed to perform any of its maintenance or repair functions and, shall as a result, Tenant, in good faith, believes that there is an imminent danger to persons or property in or about the Leased Premises Tenant may, after 24 hours prior notice to Landlord (which notice may be liable given verbally to Tenant for any consequential or punitive damages. Section 11.04. Limitation a representative of Landlord's Liability), and Landlord’s failure to respond within such 24-hour period, take such action as may be reasonably necessary in order to prevent or minimize such danger and/or damage. [INTENTIONALLY OMITTED]Tenant shall, prior to commencement of said work, provide to Landlord a specific description of the work to be performed by Tenant and the name of Tenant’s contractor. Any materials used shall be of equal or better quality than currently exists in the Building and Tenant’s contractor shall be adequately insured and of good reputation. Prior to commencing any work under this Section 13.03, Tenant agrees to deliver to Landlord evidence of such insurance and an Indemnity Agreement, in commercially reasonable amounts. Landlord agrees to reimburse Tenant on demand for all reasonable, third party out-of-pocket expenses incurred by Tenant in connection therewith, provided that Tenant delivers to Landlord adequate bills or other supporting evidence substantiating said cost.

Landlord’s Default and Tenant’s Remedies. (a) If Landlord is in default under any of its obligations under this Sublease Lease and such default continues for more than ten thirty (1030) days after written notice from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in the event of any default for which notice has been given as provided herein, which because of its nature can be cured (but not within such thirty (30)-day 30-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period), such default shall be deemed remedied if the correction thereof shall have been commenced within said thirty (30)-day 30-day period and shall, when commenced, be diligently prosecuted to completion. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by the failure to exercise said right nor shall any such failure estop Tenant from afterward asserting said right to seek any remedy as provided herein or as provided by law. The remedies of Tenant shall not be entitled to terminate this Sublease cumulative, and include any and all remedies as provided by law or withholdin equity, offset and no one of them shall be construed as exclusive of any other or xxxxx (except for of any abatement express remedy provided under the terms of this Sublease) any sums due hereunderby law. In no eventAny recovery by Tenant shall include reasonable and documented costs, expenses and reasonable attorneys' fees incurred by Tenant; provided, however, that unless Tenant has been materially and substantially impaired in its ability to use the Leased Premises for twenty (20) or more consecutive days, Tenant may not (i) offset or withhold Annual Rent until and unless Tenant has obtained a final judgment for a specific sum, which sum Tenant may credit against any Semi-Annual Rental Installment thereafter owed under this Lease until such judgment amount is paid in full, or (ii) terminate this Lease, except to the extent permitted under applicable law. Any prior waiver of any of Tenant's rights under the Lease shall Landlord be liable not constitute a waiver of Tenant's rights to Tenant for any consequential damages in event of subsequent default or punitive damages. Section 11.04. Limitation breach of Landlord's Liability. [INTENTIONALLY OMITTED].

Landlord’s Default and Tenant’s Remedies. If Landlord is in default under any of its obligations under this Sublease Lease and such default continues for more than ten thirty (1030) days (other than for a default, that causes the Leased Premises to become uninhabitable) after written notice from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however. However, in the event of any default for which notice has been given as provided herein, which because of its nature can be cured (but not within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period), such default shall be deemed remedied if the correction thereof shall have been commenced within said thirty (30)-day 30)- day period and shall, when commenced, be diligently prosecuted to completion. Tenant's ’s right to seek any remedy for Landlord's ’s default shall not be deemed waived by the failure to exercise said right nor shall any such failure estop Tenant from afterward asserting said right to seek any remedy as provided herein or as provided by law. The remedies of Tenant shall not be entitled to terminate this Sublease cumulative, and include any and all remedies as provided by law or withholdin equity, offset and no one of them shall be construed as exclusive of any other or xxxxx (except for of any abatement express remedy provided by law. Any prior waiver of any of Tenant’s rights under the terms Lease shall not constitute a waiver of this SubleaseTenant’s rights to damages in event of subsequent default or breach of Landlord. In the event that Landlord fails to cure a default within thirty (30) any sums due hereunderdays after receipt of notice from Tenant (or upon receipt of notice in the event a default that causes the Leased Premises to become uninhabitable), or if having commenced said cure Landlord does not diligently prosecute to completion, then Tenant may elect to cure such default at Tenant’s expense and offset from Rent the actual and reasonable cost to perform such cure. Tenant shall document the cost of said cure and supply said documentation to Landlord. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED].

Landlord’s Default and Tenant’s Remedies. If Landlord is shall be in default under if it fails to perform any of its obligations term, condition, covenant or obligation required under this Sublease and such default continues Lease for more than ten a period of ninety (1090) days after written notice thereof from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in that if the event of any default for which notice has been given as provided hereinterm, which because of its nature can condition, covenant or obligation to be cured performed by Landlord is such that it cannot reasonably be performed within ninety (but not within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period)90) days, such default shall be deemed remedied if the correction thereof shall to have been commenced cured if Landlord substantially and materially commences such performance within said thirty (30)-day thirty-day period and shallthereafter diligently undertakes to complete the same as promptly as is commercially reasonable; provided, when commencedhowever, be diligently prosecuted that such notice and opportunity to completion. Tenant's right to seek any remedy for Landlord's default cure shall not be deemed waived apply to Landlord’s default under Sections 4.1 or 4.3 or in the event of an emergency caused by Landlord’s default. Upon the failure to exercise said right nor shall occurrence of any such failure estop default, Tenant may sxx for injunctive relief or to recover damages for any loss directly resulting from afterward asserting said right to seek any remedy as provided herein or as provided by law. the breach, including reasonable attorneys’ fees, but Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) axxxx any sums due hereunder, except as expressly provided separately or hereunder. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation No waiver by Tenant of Landlord's Liability. [INTENTIONALLY OMITTED]any violation or breach of any of the terms, provisions or covenants herein contained shall be deemed or construed to constitute a waiver of any other or later violation or breach of the same or any other of the terms, provisions and covenants herein contained.

Landlord’s Default and Tenant’s Remedies. If Landlord is in default under any of its obligations under this Sublease Lease and such default continues for more than ten thirty (1030) days after written notice from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in the event of any default for which notice has been given as provided herein, which because of its nature can be cured (but not within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period), such default shall be deemed remedied if the correction thereof shall have been commenced within said thirty (30)-day period and shall, when commenced, be diligently prosecuted to completion. Tenant's ’s right to seek any remedy for Landlord's ’s default shall not be deemed waived by the failure to exercise said right nor shall any such failure estop Tenant from afterward asserting said right to seek any remedy as provided herein or as provided by law. The remedies of Tenant shall not be entitled to terminate this Sublease cumulative and include any and all remedies as provided by law or withholdin equity, offset and no one of them shall be construed as exclusive of any other or xxxxx (except for of any abatement express remedy provided by law. Any prior waiver of any of Tenant’s rights under the terms Lease shall not constitute a waiver of this SubleaseTenant’s rights to damages in event of subsequent default or breach of Landlord. In the event that Landlord fails to cure a default within thirty (30) any sums due hereunderdays after receipt of notice from Tenant, or if having commenced said cure Landlord does not diligently prosecute to completion, then Tenant may elect to cure such default at Tenant’s expense and offset from Rent the actual and reasonable cost to perform such cure. Tenant shall document the cost of said cure and supply said documentation to Landlord. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED].

Landlord’s Default and Tenant’s Remedies. If Landlord is shall be in default under if it fails to perform any of its obligations term, condition, covenant or obligation required under this Sublease and such default continues Lease for more than ten a period of thirty (1030) days after written notice thereof from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in that if the event of any default for which notice has been given as provided hereinterm, which because of its nature can condition, covenant or obligation to be cured (but performed by Landlord is such that it cannot reasonably be performed within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period)) days, such default shall be deemed remedied if the correction thereof shall to have been commenced cured if Landlord commences such performance within said thirty (30)-day thirty-day period and shall, when commenced, be thereafter diligently prosecuted undertakes to completioncomplete the same. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by Upon the failure to exercise said right nor shall occurrence of any such failure estop default, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from afterward asserting said right to seek any remedy as provided herein or as provided by law. the breach, but Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunder. In no eventAs to Landlord's maintenance and repair obligations hereunder, howeverif Landlord has not cured or commenced to cure a maintenance or repair default set forth in said notice from Tenant within said 30 day period (or such lesser time as is reasonable under the circumstances in the event of imminent danger to persons or property), Tenant may undertake all reasonable action to cure Landlord's failure of performance. If Tenant elects to cure said default, Tenant shall, prior to commencement of said work, provide to Landlord a specific description of the work to be performed by Tenant and the names of Tenant's contractor. Any materials used shall be of equal or better quality than currently exists in the Building and Tenant's contractor shall be adequately insured and of good reputation. Landlord be liable agree to reimburse Tenant on demand for any consequential all reasonable, third party out-of-pocket expenses incurred by Tenant in connection therewith provided that Tenant delivers to Landlord adequate bills or punitive damagesother supporting evidence substanding said cost. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED]13.04.

Landlord’s Default and Tenant’s Remedies. If Landlord is in default under In the event Landlords fails to perform any of its obligations under this Sublease and such default continues for more than ten (10) days after written notice from Tenant to LandlordLease, Tenant may pursue all remedies at law or in equity; provided, however, in the event of any default for which notice has been given as provided herein, which because of its nature can be cured (but not within such thirty (30)-day period, other than the failure to pay a sum of money which Landlord shall in all events be cured within such 30-day period), such default shall be deemed remedied if the correction thereof shall have been commenced within said thirty (30)-day period and shall, when commenced, be diligently prosecuted to completion. Tenant's right to seek any remedy for Landlord's default shall nevertheless not be deemed waived by the failure to exercise said right nor shall any such failure estop Tenant from afterward asserting said right to seek any remedy as provided herein or as provided by law. Tenant shall not be entitled to terminate this Sublease or withhold, offset or xxxxx (except for any abatement express provided in default under the terms of this Sublease) any sums due hereunderLease until such time as Tenant shall have first given Landlord written notice specifying the nature of such failure to perform its obligations, and then only after Landlord shall have had a reasonable period of time followings its receipt of such notice within which to perform such obligations. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation the event of Landlord's Liabilitydefault as above set forth, then, and only then, Tenant shall have the following remedies only: Tenant may then proceed in equity or at law to compel Landlord to perform its obligations and/or to recover damages proximately caused by such failure to perform (except as and to the extent Tenant has waived its right to damages as provided in this Lease). [INTENTIONALLY OMITTED]Tenant, at its option, may then cure any default of Landlord at Landlord's cost. If, pursuant to this Subarticle, Tenant reasonably pays any sum to any third party or does any act that requires the payment of any sum to any third party at any time by reason of Landlord's default, the sum paid by, Tenant shall be immediately due from Landlord to Tenant at the time Tenant supplies Landlord with an invoice therefor (provided such invoice sets forth and is accompanied by a written statement of Tenant setting forth in reasonable detail the amount paid, the party to whom it was paid, the date it was paid, and the reasons giving rise to such payment), together with interest at twelve percent per annum from the date of such invoice until Tenant is reimbursed by Landlord. Tenant may not offset such sums against any installment of rent due Landlord under the terms of this Lease.

Landlord’s Default and Tenant’s Remedies. If Landlord is shall be in default under if it fails to perform any of its obligations term, condition, covenant or obligation required under this Sublease and such default continues Lease for more than ten a period of thirty (1030) days after written notice thereof from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in that if the event of any default for which notice has been given as provided hereinterm, which because of its nature can condition, covenant or obligation to be cured (but performed by Landlord is such that it cannot reasonably be performed within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period)) days, such default shall be deemed remedied if the correction thereof shall to have been commenced cured if Landlord commences such performance within said thirty (30)-day thirty-day period and shall, when commenced, be thereafter diligently prosecuted undertakes to completioncomplete the same. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by Upon the failure to exercise said right nor shall occurrence of any such failure estop default, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from afterward asserting said right to seek any remedy as provided herein the breach, or as provided by law. pursue other rights allowed at law or in equity, however Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunder. In Notwithstanding anything to the contrary contained herein, in no event, however, event shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation of As to Landlord's Liabilitymaintenance and repair obligations hereunder, if Landlord has not cured or commenced to cure a maintenance or repair default set forth in said notice from Tenant within said 30-day period (or such lesser period of time as may be reasonable under the circumstances in the event such default by Landlord poses an imminent risk of harm to persons or property), Tenant may undertake all reasonable action to cure Landlord's failure of performance. [INTENTIONALLY OMITTED]If Tenant elects to cure said default, Tenant shall, prior to commencement of said work, provide to Landlord a specific description of the work to be performed by Tenant and the name of Tenant’s contractor. Any materials used shall be of equal or better quality than currently exists in the Building and Tenant’s contractor shall be adequately insured and of good reputation. Landlord agrees to reimburse Tenant on demand for all reasonable, third party out-of-pocket expenses incurred by Tenant in connection therewith, provided that Tenant delivers to Landlord adequate bills or other supporting evidence substantiating said cost. If Landlord does not reimburse Tenant or give Tenant notice of objection to such reimbursement within sixty (60) days following Tenant’s demand, and if Landlord’s objection to such reimbursement is resolved against Landlord by agreement of the parties or by a court of competent jurisdiction to which the dispute has been submitted by the parties, Tenant shall have the right to set off said reimbursement from the rental payable by Tenant to Landlord hereunder.

Landlord’s Default and Tenant’s Remedies. (a) If Landlord is fails to pay any amounts due to Tenant under this Lease and shall not cure such failure within ten (10) business days following Tenant's written notice to Landlord (and to the holder of any mortgage of which Tenant shall have been notified in default under writing) or, if Landlord fails to keep or perform any of its obligations under this Sublease Lease and shall not cure such default continues for more than ten failure within thirty (1030) days after following Tenant's written notice from to Landlord (and to the holder of any mortgage of which Tenant to Landlordshall have been notified in writing), Tenant may pursue all remedies at law or Landlord shall be in equitydefault under this Lease; provided, however, in if the event failure is of any default for which notice has been given as provided herein, which because of its a nature can that such failure cannot be cured within thirty (but 30) days, Landlord shall not be in default so long as Landlord commences the cure within such thirty (30)-day period30) day period and diligently and continuously pursues the cure to completion as soon as reasonably possible. Upon the occurrence of any default by Landlord hereunder, other than Tenant may, in addition to any rights and remedies allowed by law or in equity, pursue any one or more of the failure following remedies: (i) take any and all action reasonably necessary to pay cure Landlord's default; or (ii) if Tenant either (a) obtains a sum of money which shall written decision from an arbitration tribunal in all events be cured within such 30-day periodan arbitration proceeding providing for a monetary remedy (in whole or in part), or (b) obtains a monetary judgment against Landlord, then Tenant may offset the amount of such default shall be deemed remedied if judgment or decision against Minimum Annual Rent and Annual Rental Adjustment or other payments thereafter coming due from Tenant to Landlord pursuant to this Lease, in an amount not to exceed fifty percent (50%) of any Minimum Annual Rent and Annual Rental Adjustments until such time as Tenant must offset against 100% of the correction thereof shall have been commenced within said thirty (30)-day period remaining Minimum Annual Rent and shall, when commenced, be diligently prosecuted Annual Rental Adjustment to completion. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by recoup the failure to exercise said right nor shall any amount of such failure estop Tenant from afterward asserting said right to seek any remedy as provided herein judgment or as provided by law. Tenant shall not be entitled to terminate this Sublease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunder. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED]decision.

Landlord’s Default and Tenant’s Remedies. If Landlord is shall be in default under if it fails to perform any of its obligations term, condition, covenant or obligation required under this Sublease and such default continues Lease for more than ten a period of thirty (1030) days after written notice thereof from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in that if the event of any default for which notice has been given as provided hereinterm, which because of its nature can condition, covenant or obligation to be cured (but performed by Landlord is such that it cannot reasonably be performed within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period)) days, such default shall be deemed remedied if the correction thereof shall to have been commenced cured if Landlord commences such performance within said thirty (30)-day thirty-day period and shall, when commenced, be thereafter diligently prosecuted undertakes to completioncomplete the same. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by Upon the failure to exercise said right nor shall occurrence of any such failure estop default, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from afterward asserting said right to seek any remedy as provided herein or as provided by law. the breach, but Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunder. In no eventAs to Landlord’s maintenance and repair obligations under Section 7.02 above, howeverif Landlord has not cured or commenced to cure a maintenance or repair default set forth in said notice from Tenant within said 30-day period, Tenant may undertake all reasonable action to cure Landlord’s failure of performance. If Tenant elects to cure said default, Tenant shall, prior to commencement of said work, provide to Landlord a specific description of the work to be performed by Tenant and the name of Tenant’s contractor. Any materials used shall be of equal or better quality than currently exists in the Building and Tenant’s contractor shall be adequately insured and of good reputation. Landlord be liable agrees to reimburse Tenant on demand for any consequential all reasonable, third party out-of-pocket expenses incurred by Tenant in connection therewith, provided that Tenant delivers to Landlord adequate bills or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED]other supporting evidence substantiating said cost.

Landlord’s Default and Tenant’s Remedies. If Landlord is in default under any of its obligations under this Sublease and such default continues for more than ten (10) days after written notice from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in In the event of any default in any obligation of Landlord under this Lease, Tenant will deliver written notice to Landlord listing the reasons for which Landlord’s default and Landlord will have 30 days following receipt of such written notice has been given as provided herein, which because to cure such default (or a reasonable period of its nature can be cured (but time not within to exceed a total of 90 days if such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured default is not curable within such 30-day period). A copy of such notice will be sent to any Landlord’s Mortgagee of which Tenant has been notified in writing and any such holder will have the same *** Certain confidential portions (indicated by brackets and asterisks) have been omitted from this exhibit because such information is both (i) non-material and (ii) would be competitively harmful if publicly disclosed. rights as Landlord hereunder to cure such alleged default; provided, however, that any such default Landlord’s Mortgagee shall have an additional 30 days beyond the time periods set forth above to effect any such cure. It shall be deemed remedied an automatic default by Landlord if the correction thereof shall have been commenced interest of Landlord in and to any portion of the Premises is levied on under execution or other legal process, or any petition is filed by or against Landlord to declare Landlord a bankrupt or to delay, reduce or modify Landlord’s debt or obligations and the same is not dismissed within said thirty (30)-day period and shall90 days after the date of such filing, when commencedor if Landlord is declared insolvent according to law, be diligently prosecuted to completionor any general assignment or Landlord’s property is made for the benefit of creditors, or a receiver or trustee is appointed for Landlord or its property. Tenant's right to seek any remedy for Landlord's default The payment by Tenant of Fixed Rent hereunder shall not be deemed waived by to be a waiver of any breach or default at the failure time of payment of Fixed Rent. If Landlord fails to exercise said right nor cure a default, then Tenant may, at Tenant’s option cure the default or pursue any other rights of remedies available to Tenant under this Lease, at law or in equity. Landlord shall any such failure estop Tenant from afterward asserting said right to seek any remedy as provided herein or as provided by law. Tenant shall not be entitled to terminate this Sublease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunder. In no event, however, shall Landlord be liable to reimburse Tenant for any consequential or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED]sums expended by Tenant to cure a Landlord default.

Landlord’s Default and Tenant’s Remedies. If Landlord shall be in default if it fails to perform any term, condition, covenant or obligation required under this Lease for a period of thirty (30) days after written notice thereof from Tenant to Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is in such that it cannot reasonably be performed within thirty days, such default shall be deemed to have been cured if Landlord commences such performance within said thirty-day period and thereafter diligently undertakes to complete the same. Upon the occurrence of any such default, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from the breach, but Tenant shall not be entitled to terminate this Lease or withhold, offset or xxxxx any sums due hereunder. Notwithstanding the foregoing, it shall be a default under and breach of this Lease by Landlord if it shall fail to perform or observe any of its obligations term, condition, covenant or obligation required to be performed or observed by it under this Sublease and such default continues Lease, which failure prevents Tenant from conducting its normal business operations in the Leased Premises, for more than a period of ten (10) days after written notice thereof from Tenant to Landlord, Tenant may pursue all remedies at law or in equityTenant; provided, however, in that if the event term, condition, covenant or obligation to be performed by Landlord is of any default for which notice has been given as provided herein, which because of its such nature can that the same cannot reasonably be cured (but not performed within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30ten-day period), such default shall be deemed remedied if the correction thereof shall to have been commenced cured if Landlord commences such performance within said thirty (30)-day ten-day period and shall, when commenced, be thereafter diligently prosecuted undertakes to completioncomplete the same and does so complete the required action within a reasonable time. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by Upon the failure to exercise said right nor shall occurrence of any such failure estop default, Tenant may xxx for injunctive relief or to recover damages for any loss resulting from afterward asserting said right to seek any remedy as provided herein or as provided by law. the breach, but Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset withhold or xxxxx any rent due hereunder except as specifically provided elsewhere in this Lease. Notwithstanding the foregoing, in the event of an Emergency Situation, as hereinafter defined, if the default is not cured after reasonable notice to (except for any abatement express or diligent attempts to notify) Landlord, Tenant may cure the default at Landlord’s expense, provided that such cure is not more extensive than is reasonably necessary under the terms of this Sublease) any sums due hereundercircumstances. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED]“

Landlord’s Default and Tenant’s Remedies. If Landlord’s failure or refusal to timely perform any provision of this Lease which it is obligated to perform or the breach of any covenant made by Landlord is in herein or therein shall be a default under by Landlord. In the event of a default by Landlord, and without waiving any other remedy or claim for damages or breach of its obligations under this Sublease and Lease, Tenant may, until such default continues for has been cured, withhold Rent and/or other payments otherwise due from Tenant to Landlord hereunder, and: (i) in an Emergency Situation (defined below), if the default is not cured after reasonable notice to (or attempts to notify) Landlord, Tenant may cure the default at Landlord’s expense, provided that such cure is not more extensive than ten is reasonably necessary under the circumstances; or (10ii) in a non-Emergency Situation, provided Tenant has first complied with the dispute resolution procedures set forth in Section 9 of Exhibit E, if the default is not cured within thirty (30) days after of written notice from Tenant to LandlordLandlord (or, Tenant may pursue all remedies at law or in equity; provided, however, in the event of any default for which notice has been given as provided herein, which because of its nature can be cured (but not within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period), if such default shall is of such a nature as to not be deemed remedied if the correction thereof shall have been commenced reasonably susceptible to cure within said thirty (30)-day 30) day period, then the period for cure shall be extended so long as Landlord commences its efforts to cure within said thirty (30) day period and shall, when commenced, be thereafter diligently prosecuted pursues the same to completion. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by the failure to exercise said right nor shall any such failure estop ), Tenant from afterward asserting said right to seek any remedy as provided herein or as provided by law. Tenant shall not be entitled to may terminate this Sublease Lease or withhold, offset or xxxxx (except for cure the default at Landlord’s reasonable expense. If Tenant incurs any abatement express provided under the terms of this Sublease) any sums due hereunder. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation expense because of Landlord's Liabilitydefault, the reasonable sums paid by Tenant in connection therewith shall be due from Landlord to Tenant upon demand, shall bear interest from the date such expenses are incurred until repaid by Landlord at the rate of twelve percent (12%) per annum, and may be offset against Tenant’s Rent obligations hereunder. [INTENTIONALLY OMITTED]"Emergency Situation" as used in this Section 17 means a situation which threatens the physical well-being of persons in or on the Leased Premises, or which disrupts the Tenant’s use and/or occupancy of the Leased Premises or any portion thereof so as to materially interfere with the ordinary conduct of Tenant’s business.

Landlord’s Default and Tenant’s Remedies. If Landlord is shall be in default under if it fails to perform any of its obligations term, condition, covenant or obligation required under this Sublease and such default continues Lease for more than ten a period of thirty (1030) days after written notice thereof from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in that if the event of any default for which notice has been given as provided hereinterm, which because of its nature can condition, covenant or obligation to be cured (but performed by Landlord is such that it cannot reasonably be performed within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period)days, such default shall be deemed remedied if the correction thereof shall to have been commenced cured if Landlord commences such performance within said thirty (30)-day thirty-day period and shall, when commenced, be thereafter diligently prosecuted undertakes to completioncomplete the same. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by Upon the failure to exercise said right nor shall occurrence of any such failure estop default, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from afterward asserting said right to seek any remedy as provided herein or as provided by law. the breach, but Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunder. In no eventNotwithstanding the foregoing, it shall be a default under and breach of this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease, which failure prevents Tenant from conducting its normal business operations in the Leased Premises, for a period of ten (10) days after notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same cannot reasonably be performed within such ten-day period, such default shall be deemed to have been cured if Landlord be liable commences such performance within said ten-day period and thereafter diligently undertakes to complete the same and does so complete the required action within a reasonable time. Upon the occurrence of any such default, Tenant may xxx for injunctive relief or to recover damages for any consequential loss resulting from the breach, but Tenant shall not be entitled to terminate this Lease or punitive damageswithhold or xxxxx any rent due hereunder except as specifically provided elsewhere in this Lease. Section 11.04. Limitation Notwithstanding the foregoing, in the event of an Emergency Situation, as hereinafter defined, if the default is not cured after reasonable notice to (or diligent attempts to notify) Landlord, Tenant may cure the default at Landlord's Liabilityexpense, provided that such cure is not more extensive than is reasonably necessary under the circumstances. [INTENTIONALLY OMITTED]"

Landlord’s Default and Tenant’s Remedies. If Landlord is shall be in default under if it fails to perform any of its obligations term, condition, covenant or obligation required under this Sublease and such default continues Lease for more than ten a period of thirty (1030) days after written notice thereof from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in that if the event of any default for which notice has been given as provided hereinterm, which because of its nature can condition, covenant or obligation to be cured (but performed by Landlord is such that it cannot reasonably be performed within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period)) days, such default shall be deemed remedied if the correction thereof shall to have been commenced cured if Landlord commences such performance within said thirty (30)-day 30) day period and shall, when commenced, be thereafter diligently prosecuted undertakes to completioncomplete the same. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by Upon the failure to exercise said right nor shall occurrence of any such failure estop default, Tenant may sue for injunctive relief or, subject to the provisions of this Lease, to recover actual damages for any loss directly resulting from afterward asserting said right to seek any remedy as provided herein or as provided by law. the breach, but Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunder. In relation to the foregoing, Xxxxxx acknowledges and agrees that in no eventevent shall Tenant be entitled to recover from Landlord any loss of business or any other indirect or consequential damages which it might suffer or incur as the result of a Landlord breach and this Lease shall be construed as though Xxxxxxxx’s covenants contained herein are independent and not dependent, howeverand Tenant hereby waives the benefit of any law or statute to the contrary. All obligations of Landlord under this Lease will be binding upon Landlord only during the period of its ownership of the Premises and not thereafter. The term “Landlord” in this Lease shall mean only the owner, for the time being of the Premises, and in the event of the transfer by such owner of its interest in the Premises, such owner shall thereupon be released and discharged from all obligations of Landlord thereafter accruing, but such obligations shall be liable binding during the Lease Term upon each new owner for the duration of such owner’s ownership. Any liability of Landlord under this Lease or arising out of the relationship between Landlord and Tenant shall be limited solely to Tenant for Landlord’s then equity interest in the Building, and in no event shall any consequential personal liability be asserted against Landlord in connection with this Lease nor shall any recourse be had to any other property or punitive damages. Section 11.04. Limitation assets of Landlord's Liability. [INTENTIONALLY OMITTED].

Landlord’s Default and Tenant’s Remedies. If Landlord is shall be in default under if it fails to perform any of its obligations term, condition, covenant or obligation required under this Sublease and such default continues Lease for more than ten a period of thirty (1030) days after written notice thereof from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in that if the event of any default for which notice has been given as provided hereinterm, which because of its nature can condition, covenant or obligation to be cured (but performed by Landlord is such that it cannot reasonably be performed within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period)) days, such default shall be deemed remedied if the correction thereof shall to have been commenced cured if Landlord commences such performance within said thirty (30)-day thirty-day period and shall, when commenced, be thereafter diligently prosecuted undertakes to completioncomplete the same. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by Upon the failure to exercise said right nor shall occurrence of any such failure estop default, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from afterward asserting said right to seek any remedy as provided herein or as provided by law. the breach, but Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunder. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation of As to Landlord's Liabilitymaintenance and repair obligations hereunder, if Landlord has not cured or commenced to cure a maintenance or repair default set forth in said notice from Tenant within said 30-day period, Tenant may undertake all reasonable action to cure Landlord's failure of performance. [INTENTIONALLY OMITTED]If Tenant elects to cure said default, Tenant shall, prior to commencement of said work, provide to Landlord a specific description of the work to be performed by Tenant and the name of Tenant's contractor. Any materials used shall be of equal or better quality than currently exists in the Building and Tenant's contractor shall be adequately insured and of good reputation. Landlord agrees to reimburse Tenant on demand for all reasonable, third party out-of-pocket expenses incurred by Tenant in connection therewith, provided that Tenant delivers to Landlord adequate bills or other supporting evidence substantiating said cost.

Landlord’s Default and Tenant’s Remedies. If Landlord is shall be in default under if it fails to perform any of its obligations term, condition, covenant or obligation required under this Sublease and such default continues Lease for more than ten a period of thirty (1030) days after written notice thereof from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in that if the event of any default for which notice has been given as provided hereinterm, which because of its nature can condition, covenant or obligation to be cured (but performed by Landlord is such that it cannot reasonably be performed within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period)) days, such default shall be deemed remedied if the correction thereof shall to have been commenced cured if Landlord commences such performance within said thirty thirty-day (30)-day 30) period and shall, when commenced, be thereafter diligently prosecuted undertakes to completioncomplete the same. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by Upon the failure to exercise said right nor shall occurrence of any such failure estop default by Landlord, Tenant may, in addition to any rights or remedies allowed by law or in equity, xxx for injunctive relief or to recover damages for any loss directly resulting from afterward asserting said right to seek any remedy as provided herein or as provided by law. such breach, but Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunder, except as expressly provided herein. In Provided that Landlord is in default hereunder beyond the notice and cure periods provided for above and provided that Tenant has given Landlord a second written notice served no eventsooner than fifteen (15) days following Tenant's first default notice to Landlord, however, shall advising Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED]default and of Tenant's contractual rights to cure Landlord's default and offset such costs to cure against Tenant's Minimum Annual Rent and Additional Rent as provided herein, Tenant shall have the right to use reasonable measures to cure such default on behalf of Landlord and offset the reasonable costs thereof against Minimum Annual Rent and Additional Rent due under this Lease in an amount not to exceed Seventy-Five Thousand Dollars ($75,000.00) per calendar year.

Landlord’s Default and Tenant’s Remedies. If In the event of any breach or default by Landlord is in default under any of its obligations under this Sublease and such default Lease which continues for more than ten a period of thirty (1030) days after written notice thereof from Tenant; (provided, however, with respect to those failures which cannot with due diligence be cured with said 30-day period, Landlord shall not be deemed to be in default hereunder if Landlord commences to cure such default within such 30-day period and thereafter continues the curing of such default with all due diligence), then in addition to all other rights and remedies of Tenant to Landlordunder this Lease and at law or equity, Tenant may pursue all remedies at law or (but shall not be obligated to) cure such breach on behalf of Landlord, and upon demand by Tenant, Landlord shall promptly pay to Tenant the reasonable costs and expenses of such cure. Notwithstanding anything contained in equity; provided, howeverthis Lease to the contrary, in the event of any default for an emergency situation, as reasonably determined by Tenant based on circumstances known at the time, the correction of which notice has been given as provided hereinis Landlord's responsibility, which because of its nature can be cured (but not within such thirty (30)-day periodTenant shall immediately notify Landlord, other than and upon the failure of Landlord to pay a sum of money which shall in all events be cured within such 30-day period)immediately correct the emergency situation, such default shall be deemed remedied if the correction thereof Tenant shall have been commenced within said thirty (30)-day period and shall, when commenced, be diligently prosecuted to completion. Tenant's the right to seek any remedy for Landlord's default correct the same and receive reimbursement therefor pursuant to the terms set forth in the foregoing sentence, provided that the failure of Landlord to immediately correct the emergency situation shall not be deemed waived by considered a default under this Lease. An "emergency" situation shall be presumed if the prompt or immediate failure to exercise said right nor shall any such failure estop Tenant from afterward asserting said right cure has the potential to seek any remedy as provided herein result in injuries to persons or as provided by law. Tenant shall not be entitled damage to terminate this Sublease property or withholda material, offset or xxxxx (except for any abatement express provided under adverse consequence to the terms of this Subleasebusiness(es) any sums due hereunder. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED]then being operated on the Premises.

Landlord’s Default and Tenant’s Remedies. If Landlord is shall be in default under if it fails to perform any of its obligations term, condition, covenant or obligation required under this Sublease and such default continues Lease for more than ten (10) a period of 30 days after written notice thereof from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in that if the event of any default for which notice has been given as provided hereinterm, which because of its nature can condition, covenant or obligation to be cured (but performed by Landlord is such that it cannot reasonably be performed within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period)30 days, such default shall be deemed remedied if the correction thereof shall to have been commenced cured if Landlord commences such performance within said thirty (30)-day thirty-day period and shall, when commenced, be thereafter diligently prosecuted undertakes to completioncomplete the same. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by Upon the failure to exercise said right nor shall occurrence of any such failure estop default, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from afterward asserting said right to seek any remedy as provided herein or as provided by law. the breach, but Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunder. Notwithstanding the foregoing, in the event the default specified in Tenant’s written notice to Landlord materially and adversely impairs Tenant’s business operations in the Premises, or renders the Premises untenantable, and is not cured within such 30-day period, Tenant may give Landlord a second written notice (the “Second Notice”) indicating Tenant’s election to cure such default. Landlord shall have 10 days after the date of receipt of the Second Notice to cure such default, but if the condition cannot reasonably be remedied within such time, such default shall be deemed to have been cured if Landlord commences such performance within said ten-day period and thereafter diligently undertakes to complete the same. If the default is not cured within the 10-day cure period, Tenant may perform such work on behalf of Landlord and invoice Landlord for any costs incurred by reason thereof and Landlord shall pay any such invoice within 30 days after receipt thereof. If the invoice is not paid within such 30 day period, interest shall accrue on the unpaid amount of the invoice at the Default Rate. In no eventevent shall Tenant be entitled to terminate this Lease or withhold, however, shall Landlord be liable to Tenant for offset or xxxxx any consequential or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED]sums due hereunder.

Landlord’s Default and Tenant’s Remedies. If In the event Landlord is in default under fails to perform any of its obligations under this Sublease and such default continues for more than ten (10) days after written notice from Tenant to LandlordLease, Tenant may pursue all remedies at law or in equity; provided, however, in the event of any default for which notice has been given as provided herein, which because of its nature can be cured (but not within such thirty (30)-day period, other than the failure to pay a sum of money which Landlord shall in all events be cured within such 30-day period), such default shall be deemed remedied if the correction thereof shall have been commenced within said thirty (30)-day period and shall, when commenced, be diligently prosecuted to completion. Tenant's right to seek any remedy for Landlord's default shall nevertheless not be deemed waived by the failure to exercise said right nor shall any such failure estop Tenant from afterward asserting said right to seek any remedy as provided herein or as provided by law. Tenant shall not be entitled to terminate this Sublease or withhold, offset or xxxxx (except for any abatement express provided in default under the terms of this SubleaseLease until such time as Tenant shall have first given Landlord written notice specifying the nature of such failure t perform its obligations, and then only after Landlord shall have had a reasonable period of thirty (30) any sums due hereunderdays, unless cure is started within said thirty (30) day period and is therefore diligently prosecuted to a conclusion reasonably following its receipt of such notice within which to perform such obligations. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation the event of Landlord's Liabilitydefault as above set forth, then, and only then, Tenant shall have the following remedies only: Tenant may then proceed in equity or at law to compel Landlord to perform its obligations and/or to recover damages proximately caused by such failure to perform (except as and to the extent Tenant has waived its right to damages as provided in this Lease). [INTENTIONALLY OMITTED]Tenant, at its option, may then cure any default of Landlord at Landlord's cost. If, pursuant to this Subarticle, Tenant reasonably pays any sum to any third party or does any act that requires the payment of any sum to any third part at any time by reason of Landlord's default, the sum paid by, Tenant shall be immediately due from landlord to Tenant at the time Tenant supplies Landlord with an invoice therefore (provided such invoice sets forth and is accompanied by a written statement of Tenant setting forth in reasonable detail the amount paid, the party to whom it was paid, the date it was paid, and the reasons giving rise to such payment), together with interest at twelve percent per annum from the date if such invoice until Tenant is reimbursed by Landlord, Tenant may not offset such sums against any installment of rent due Landlord under the terms of this Lease.

Landlord’s Default and Tenant’s Remedies. If Landlord is in default under any of its obligations under this Sublease Lease and such default continues for more than ten thirty (1030) days after written notice from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in the event of any default for which notice has been given as provided herein, which because of its nature can be cured (but not within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period), such default shall be deemed remedied if the correction thereof shall have been commenced within said thirty (30)-day period and shall, when commenced, be diligently prosecuted to completion. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by the failure to exercise said right nor shall any such failure estop Tenant from afterward asserting said right to seek any remedy as provided herein or as provided by law. The remedies of Tenant shall be cumulative, and include any and all remedies as provided by law or in equity, and no one of them shall be construed as exclusive of any other or of any remedy provided by law. Any recovery by Tenant shall include costs, expenses and attorneys' fees incurred by Tenant. Any prior waiver of any of Tenant's rights under the Lease shall not constitute a waiver of Tenant's rights to damages in event of subsequent default or breach of Landlord. Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this SubleaseLease) any sums due hereunder. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED].

Landlord’s Default and Tenant’s Remedies. If Landlord is shall be in default under if it fails to perform any of its obligations term, condition, covenant or obligation required under this Sublease and such default continues Lease for more than ten a period of thirty (1030) days after written notice thereof from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in that if the event of any default for which notice has been given as provided hereinterm, which because of its nature can condition, covenant or obligation to be cured (but performed by Landlord is such that it cannot reasonably be performed within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period)) days, such default shall be deemed remedied if the correction thereof shall to have been commenced cured if Landlord commences such performance within said thirty (30)-day thirty-day period and shallthereafter diligently undertakes to complete the same and does in fact, when commencedwithin a reasonable time thereafter, be diligently prosecuted to completioncomplete the same. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by Upon the failure to exercise said right nor shall occurrence of any such failure estop default, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from afterward asserting said right to seek any remedy as provided herein or as provided by law. the breach, but Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunder. In no event; provided, however, that the foregoing shall not be deemed to waive Tenant’s right to make a constructive eviction claim under Georgia law. As to Landlord’s maintenance and repair obligations hereunder, if Landlord has not cured or commenced to cure a maintenance or repair default set forth in said notice from Tenant within said 30-day period (or, in the event of an emergency, such lesser period of time as is reasonable under the circumstances), Tenant may undertake all reasonable action to cure Landlord’s failure of performance. If Tenant elects to cure said default, Tenant shall, prior to commencement of said work, provide to Landlord a specific description of the work to be liable performed by Tenant and the name of Tenant’s contractor. Any materials used shall be of equal or better quality than currently exists in the Building and Tenant’s contractor shall be adequately insured and of good reputation. Landlord agrees to reimburse Tenant on demand for any consequential all reasonable, third party out-of-pocket expenses incurred by Tenant in connection therewith plus an administrative fee equal to five percent (5%) of such expenses, provided that Tenant delivers to Landlord adequate bills or punitive damagesother supporting evidence substantiating said cost. Section 11.04. Limitation If Landlord fails to reimburse Tenant or give Tenant notice of objection to such reimbursement within sixty (60) days following Tenant’s demand, and if Landlord's Liability. [INTENTIONALLY OMITTED]’s objection to such reimbursement is resolved against Landlord by agreement of the parties or by a court of competent jurisdiction to which the dispute has been submitted by the parties, Tenant shall have the right to set off said reimbursement from the rental payable by Tenant to Landlord hereunder.

Landlord’s Default and Tenant’s Remedies. If Landlord is defaults in default under the performance of any of Landlord's obligations set forth in this Agreement and if (i) Landlord's default either prevents the conduct of Tenant's business at the Premises or creates a substantial risk of imminent danger of bodily injury to or death of persons or material damage to or destruction of property, and either Landlord does not commence the rectification of its obligations under this Sublease default within fourteen (14) business days after the date of Tenant's delivery of written notice of the default to Landlord or Landlord fails to pursue the rectification of its default with diligence and such continuity or (ii) Landlord's default continues for more than ten does not prevent the conduct of Tenant's business at the Premises or create a substantial risk of imminent danger of bodily injury to or death of persons or material damage to or destruction of property, and Landlord fails to rectify its default within thirty (1030) days after Tenant's delivery of written notice from Tenant of the default to LandlordLandlord or within such longer period of time following the delivery of that notice as may be reasonably required to accomplish the rectification of the default through the exercise of prompt, diligent and continuous efforts, Tenant may pursue all remedies at law or perform the obligation on behalf of Landlord. The notice and period of time afforded Landlord hereunder shall not be required to expire before Tenant may undertake to perform any of Landlord's obligations hereunder in equity; emergency situations, provided, however, Tenant shall remain obligated to give Landlord as much prior notice as is possible under the circumstances of such emergency. In the case of defaults of the nature described in division (i) above, Tenant's notice of default must state that Tenant intends to undertake the event rectification of any the default for which notice has been given as provided hereinif Landlord fails to commence the rectification of the default within fourteen (14) business days after the date of the delivery of Tenant's notice. Unless the circumstances described below arise, which because of its nature can be cured (but not Landlord shall pay to Tenant within such thirty (30)-day period30) days after the date of Landlord's receipt of Tenant's invoice and reasonable corroborating documentation the full amount of the reasonable cost and expense Tenant incurs in performing the obligation on behalf of Landlord, other than the failure If Landlord fails to pay a sum of money which shall in all events be cured those amounts within such that 30-day period), Tenant may, after obtaining a judgment for such default shall be deemed remedied if the correction thereof shall have been commenced within said thirty (30)-day period and shall, when commenced, be diligently prosecuted to completion. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by the failure to exercise said right nor shall any such failure estop Tenant from afterward asserting said right to seek any remedy as provided herein or as provided by law. Tenant shall not be entitled to terminate this Sublease or withholdsums in a court of competent jurisdiction, offset or xxxxx (except for the amount owed, together with interest accruing in respect of the amount owed at the Legal Rate after the expiration of that 30-day period, against Base Rent, additional rent and any abatement express provided under the terms of this Sublease) any other sums due hereunder. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED].

Landlord’s Default and Tenant’s Remedies. If Landlord is in default fails to pay any amounts due to Tenant under this Lease and shall not cure such failure within ten (10) business days following Tenant's notice to Landlord (and to the holder of any Mortgage) or if Landlord fails to keep or perform any of its obligations under this Sublease Lease and shall not cure such failure within thirty (30) days following Tenant's notice to Landlord (and to the holder of any Mortgage), Landlord shall be in default continues under this Lease; provided, however, if the failure is of a nature that it cannot be cured within thirty (30) days, Landlord shall not be in default so long as Landlord commences the cure within such thirty (30) day period and diligently and continuously pursues the cure to completion as soon as reasonably possible. Upon the occurrence of any default by Landlord in the payment of money due to Tenant under this Lease which default remains uncured for the period described in the preceding sentence, Tenant may offset the amount due, plus interest at the rate specified in Section 2.4, against the next Monthly Rental Installment and monthly installment of Annual Rental Adjustment due under this Lease, but in no event shall Tenant be entitled to offset against more than ten (10) days after written notice from 50% of any Minimum Annual Rent or monthly installment of Annual Rental Adjustment installment until such time as Tenant must offset against 100% of the remaining Minimum Annual Rent to Landlordrecoup its costs prior to the expiration of this Lease. In the event of any default by Landlord in any of its non-monetary obligations under this Lease, Tenant may pursue any of the following remedies: (i) take any and all action reasonably necessary to cure Landlord's default and offset the costs reasonably incurred by Tenant to effect such cure, subject to the provisions set forth below; (ii) if and only if Tenant's use of a substantial portion of the Leased Premises for normal business operations has been materially and adversely effected and the cost to Tenant to cure is so excessive as to be unreasonable for Tenant to expend such sums, Tenant may terminate this Lease, subject to the provisions set forth below; provided, however, Tenant may not exercise this tennination right until after the thirty (30) day cure period provided to Landlord above has expired and Tenant has provided the holder of any Mortgage written notice of the Landlord's default and afforded such holder an additional twenty (20) days opportunity to cure Landlord's failure (or if such failure cannot reasonably be cured within such twenty (20) day period, Tenant may not terminate if the holder of such Mortgage commences the cure within such twenty (20) day period and diligently pursues the cure to completion within sixty (60) days of the second notice to the holder); or (iii) pursue any other remedies available to Tenant at law or in equity. Notwithstanding anything to the contrary set forth hereinabove, Tenant may not exercise the remedies provided in item (i), (ii) or (iii) above without first providing Landlord written notice which notice must describe, in detail, the cure which Tenant intends to undertake or that Tenant intends to terminate. Landlord shall have ten (10) business days following its receipt of Tenant's notice to notify Tenant that it does not believe that Landlord is in default or that Landlord does not believe that the cure which Tenant has described in its notice is necessary or that Landlord does not believe the conditions described above for termination have been met. If Landlord provides such notice, the parties shall negotiate, in good faith, for ten (10) business days to resolve their dispute concerning what action needs to be taken with respect to the alleged default by Landlord or whether Tenant is entitled to terminate. If the parties are unable to resolve that dispute, then, prior to undertaking such self-help remedy, the dispute must be submitted to the Atlanta, Georgia Chapter of the American Arbitration Association for resolution. The determination of that arbitration panel shall be final and binding upon both Landlord and Tenant. If the arbitration panel decides in Tenant's favor, Tenant may undertake the cure as described in Tenant's notice (or as approved by the arbitration panel) or terminate, as the case may be. Tenant may offset the costs reasonably incurred by Tenant to effect such cure against the next Monthly Rental Installment and monthly installment of Annual Rental Adjustment; provided, however, in the event Tenant may not offset against more than fifty percent (50%) of any default for which notice has been given Monthly Rental Installment and monthly installment of Annual Rental Adjustment installment until such time as provided herein, which because Tenant must offset against 100% of the remaining Minimum Annual Rent and monthly installment of Annual Rental Adjustment to recoup its nature can be cured (but not within such thirty (30)-day period, other than costs prior to the failure to pay a sum expiration of money which shall in all events be cured within such 30-day period), such default shall be deemed remedied if the correction thereof shall have been commenced within said thirty (30)-day period and shall, when commenced, be diligently prosecuted to completion. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by the failure to exercise said right nor shall any such failure estop Tenant from afterward asserting said right to seek any remedy as provided herein or as provided by law. Tenant shall not be entitled to terminate this Sublease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunder. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED]Lease.

Landlord’s Default and Tenant’s Remedies. If Landlord is shall be in default under if it fails to perform any of its obligations term, condition, covenant or obligation required under this Sublease and such default continues Lease for more than ten a period of thirty (1030) days after written notice thereof from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in that if the event of any default for which notice has been given as provided hereinterm, which because of its nature can condition, covenant or obligation to be cured (but performed by Landlord is such that it cannot reasonably be performed within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period)) days, such default shall be deemed remedied if the correction thereof shall to have been commenced cured if Landlord commences such performance within said thirty (30)-day thirty-day period and shall, when commenced, be thereafter diligently prosecuted undertakes to completioncomplete the same within a reasonable time. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by Upon the failure to exercise said right nor shall occurrence of any such failure estop default, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from afterward asserting said right to seek any remedy as provided herein or as provided by law. the breach, but Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunder. As to Landlord’s maintenance and repair obligations hereunder, if Landlord has not cured or commenced to cure a maintenance or repair default set forth in said notice from Tenant within said 30-day period, Tenant may undertake all reasonable action to cure Landlord’s failure of performance. In no eventthe event of an emergency where the safety of Tenant’s employees is threatened or emergency measures are necessary to preserve Tenant’s property or the Leased Premises, Tenant shall be entitled to make any repairs which are necessary after having first given Landlord reasonable notice under the circumstances of the necessity for such repair. If Tenant elects to cure said default, Tenant shall, prior to commencement of said work, provide to Landlord a specific description of the work to be performed by Tenant and the name of Tenant’s contractor. Any materials used shall be of equal or better quality than currently exists in the Building and Tenant’s contractor shall be adequately insured and of good reputation. Landlord agrees to reimburse Tenant on demand for all reasonable, third party out-of-pocket expenses incurred by Tenant in connection therewith, provided that Tenant delivers to Landlord adequate bills or other supporting evidence substantiating said cost. If Landlord does not reimburse Tenant within thirty (30) days of receipt of an invoice therefor, Tenant may xxx for injunctive relief but Tenant shall not be entitled to terminate this Lease or withhold, offset or xxxxx any sums due hereunder except pursuant to an order from a court of competent jurisdiction; provided however, shall that pending the outcome of such suit, Tenant may tender to the court rather than to Landlord rent payments thereafter coming due under this Lease up to the amount claimed by Tenant to be liable owed to Tenant for any consequential or punitive damages. Section 11.04. Limitation of from Landlord's Liability. [INTENTIONALLY OMITTED].

Landlord’s Default and Tenant’s Remedies. If Landlord is shall be in default under if it fails to perform any of its obligations term, condition, covenant or obligation required under this Sublease and such default continues Lease for more than ten a period of thirty (1030) days after written notice thereof from Tenant to Landlord, Tenant may pursue all remedies at law Landlord (except in the event of an emergency where the safety of Tenant's employees is threatened or in equityorder to preserve Tenant's Property or the Leased Premises, when Landlord shall be expected to perform its obligations under this Lease within a reasonable time under the circumstances after receiving notice from Tenant of the need for such performance); provided, however, in that if the event of any default for which notice has been given as provided hereinterm, which because of its nature can condition, covenant or obligation to be cured (but performed by Landlord is such that it cannot reasonably be performed within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period)) days, such default shall be deemed remedied if the correction thereof shall to have been commenced cured if Landlord commences such performance within said thirty (30)-day thirty-day period and shall, when commenced, be thereafter diligently prosecuted undertakes to completioncomplete the same. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by Upon the failure to exercise said right nor shall occurrence of any such failure estop default, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from afterward asserting said right to seek any remedy as provided herein or as provided by law. the breach, but Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunder, except as otherwise expressly set forth herein. As to Landlord's maintenance and repair obligations hereunder inside the Leased Premises, if Landlord has not cured or commenced to cure a maintenance or repair default set forth in said notice from Tenant within said 30-day period, or in the event of an emergency where the safety of Tenant's employees is threatened or in order to preserve Tenant's Property or the Leased Premises, when Landlord shall be expected to perform its obligations under this Lease within a reasonable time under the circumstances after receiving notice from Tenant of the need for such performance, Tenant may undertake all reasonable action to cure Landlord's failure of performance. If Tenant elects to cure said default, Tenant shall, prior to commencement of said work, provide to Landlord a specific description of the work to be performed by Tenant and the name of Tenant's contractor. Any materials used shall be of equal or better quality than currently exists in the Building and Tenant's contractor shall be adequately insured and of good reputation. Landlord agrees to reimburse Tenant on demand for all reasonable, third party out-of-pocket expenses incurred by Tenant in connection therewith, provided that Tenant delivers to Landlord adequate bills or other supporting evidence substantiating said cost. If Landlord does not reimburse Tenant or give Tenant notice of objection to such reimbursement within sixty (60) days following Tenant's demand, and if Landlord's objection to such reimbursement is resolved against Landlord by agreement of the parties or by a court of competent jurisdiction to which the dispute has been submitted by the parties, Tenant shall have the right to set off said reimbursement from the rental payable by Tenant to Landlord hereunder. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED].

Landlord’s Default and Tenant’s Remedies. If Landlord is shall be in default under if it fails to perform any of its obligations term, condition, covenant or obligation required under this Sublease and such default continues Lease for more than ten a period of thirty (1030) days after written notice thereof from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in that if the event of any default for which notice has been given as provided hereinterm, which because of its nature can condition, covenant or obligation to be cured (but performed by Landlord is such that it cannot reasonably be performed within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period)) days, such default shall be deemed remedied if the correction thereof shall to have been commenced cured if Landlord commences such performance within said thirty (30)-day thirty-day period and shall, when commenced, be thereafter diligently prosecuted undertakes to completioncomplete the same. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by Upon the failure to exercise said right nor shall occurrence of any such failure estop default, Tenant may xxx for injunctive relief or to recover damages for any losses resulting from afterward asserting said right to seek any remedy as provided herein the breach, or as provided Tenant may cure such default by law. Landlord, and Landlord shall promptly reimburse Tenant the reasonable costs thereof, but Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunderhereunder except as otherwise provided in this Lease. In no eventthe event Landlord’s default causes the Leased Premises to become unusable for Tenant’s Permitted Use hereunder, howeverand Landlord shall not have cured such default as provided herein, shall Tenant may terminate this Lease without waiving any rights or remedies it may have against Landlord be liable to Tenant for any consequential at law or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED]in equity.

Landlord’s Default and Tenant’s Remedies. If Landlord is shall be in default under if it fails to perform any of its obligations term, condition, covenant or obligation required under this Sublease and such default continues Lease for more than ten a period of thirty (1030) days after written notice thereof from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in that if the event of any default for which notice has been given as provided hereinterm, which because of its nature can condition, covenant or obligation to be cured (but performed by Landlord is such that it cannot reasonably be performed within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period)) days, such default shall be deemed remedied if the correction thereof shall to have been commenced cured if Landlord commences such performance within said thirty-day period and thereafter diligently undertakes to complete the same. In addition to the foregoing, if Landlord shall default in the payment, performance or observance of any agreement or condition contained in this Lease to be paid, performed or observed by Landlord and if Landlord shall not cure such default within thirty (30) days after notice from Tenant specifying such default (or, if such default cannot by its nature be cured within such thirty (30) day period, shall not within such period commence to cure such default and thereafter proceed to cure such default to completion with due diligence), Tenant may, at its option, without waiving any claim for damages for breach of agreement, at any time thereafter (but with additional prior notice to Landlord) cure such default for the account of Landlord, and any amount paid by Tenant in so doing shall be deemed paid for the account of Landlord, and Landlord agrees to reimburse Tenant therefor. Tenant may cure any such default as aforesaid prior to the expiration of said thirty (30)-day 30) day period, but after reasonable notice to Landlord, if the curing of such default prior to the expiration of said thirty (30) day period and shall, when commenced, be diligently prosecuted is reasonably necessary to completion. protect the Leased Premises or Tenant's right interest therein or to seek any remedy for Landlordprevent injury or damage to persons or property or to Tenant's default shall not be deemed waived by business. Upon the failure to exercise said right nor shall occurrence of any such failure estop default, Tenant may sue for injunctive relief or to recover damages for any loss directlx xesulting from afterward asserting said right to seek any remedy as provided herein or as provided by law. the breach and/or exercise of such self-help rights, but Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) abate any sums due hereunder. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation except as ordered by a court of Landlord's Liability. [INTENTIONALLY OMITTED]competxxx xurisdiction.

Landlord’s Default and Tenant’s Remedies. If Landlord is shall be in default under if it fails to perform any of its obligations term, condition, covenant or obligation required under this Sublease and such default continues Lease for more than ten a period of thirty (1030) days after written notice thereof from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in that if the event of any default for which notice has been given as provided hereinterm, which because of its nature can condition, covenant or obligation to be cured (but performed by Landlord is such that it cannot reasonably be performed within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period)) days, such default shall be deemed remedied if the correction thereof shall to have been commenced cured if Landlord commences such performance within said thirty (30)-day thirty-day period and shall, when commenced, be thereafter diligently prosecuted undertakes to completioncomplete the same. Tenant's right to seek any remedy for Landlord's default shall not be deemed waived by Upon the failure to exercise said right nor shall occurrence of any such failure estop default, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from afterward asserting said right to seek any remedy as provided herein or as provided by law. the breach, but Tenant shall not be entitled to terminate this Sublease Lease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunder. In no eventAs to Landlord’s maintenance and repair obligations hereunder inside the Leased Premises, howeverif Landlord has not cured or commenced to cure a maintenance or repair default set forth in said notice from Tenant within said 30-day period, Tenant may undertake all reasonable action to cure Landlord’s failure of performance. If Tenant elects to cure said default Tenant shall, prior to commencement of said work, provide to Landlord a specific description of the work to be performed by Tenant and the name of Tenant’s contractor. Any materials used shall be of equal or better quality than currently exists in the Building and Tenant’s contractor shall be adequately insured and of good reputation. Landlord be liable agrees to reimburse Tenant on demand for any consequential all reasonable, third party out-of-pocket expenses incurred by Tenant in connection therewith, provided that Tenant delivers to Landlord adequate bills or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED]other supporting evidence substantiating said cost.

Landlord’s Default and Tenant’s Remedies. If Landlord is in default under any of its obligations under this Sublease Lease and such default continues for more than ten thirty (1030) days after written notice from Tenant to Landlord, Tenant may pursue all remedies at law or in equity; provided, however, in the event of any default for which notice has been given as provided herein, which because of its nature can be cured (but not within such thirty (30)-day period, other than the failure to pay a sum of money which shall in all events be cured within such 30-day period), such default shall be deemed remedied if the correction thereof shall have been commenced within said thirty (30)-day period and shall, when commenced, be diligently prosecuted to completion. Tenant's ’s right to seek any remedy for Landlord's ’s default shall not be deemed waived by the failure to exercise said right nor shall any such failure estop Tenant from afterward asserting said right to seek any remedy as provided herein or as provided by law. The remedies of Tenant shall be cumulative and include any and all remedies as provided by law or in equity, and no one of them shall be construed as exclusive of any other or of any remedy provided by law. Any recovery by Tenant shall include costs, expenses and attorneys’ fees incurred by Tenant. Any prior waiver of any of Tenant’s rights under this Lease shall not be entitled constitute a waiver of Tenant’s rights to terminate this Sublease damages in event of subsequent default or withhold, offset or xxxxx (except for any abatement express provided under the terms breach of this Sublease) any sums due hereunderLandlord. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED].

Landlord’s Default and Tenant’s Remedies. If Landlord fails to maintain any portion of the Demised Premises which Landlord is expressly required to maintain in default under accordance with the terms of this Lease (expressly excluding any failure by Landlord to so maintain arising out of its obligations under a casualty or condemnation, to which this Sublease provision shall not apply, and which are provided for in other provisions of the Lease), and (i) as a result of such default continues for more than ten failure, Tenant's use and enjoyment of the Leased Premises is interfered with in a material manner, and (10ii) Landlord fails to commence to cure such failure within thirty (30) days after written notice from Tenant of such failure (specifying in such notice the nature of the failure and the suggested remedy therefore), and thereafter proceeds with due diligence to cure such failure until completion, then Tenant shall have the right to perform such maintenance work on and subject to the terms and limitations of this Paragraph. If Tenant is entitled and elects to perform any maintenance work as aforesaid, Tenant shall (i) perform such maintenance work in a reasonable manner, so as not to interfere with the rights of third parties; (ii) utilize only contractors or other such vendors with a first-class reputation; (iii) cause such work to be completed on a lien-free basis; (iv) cause such work to be completed in compliance with all applicable laws, ordinance, regulations and rules; and (v) utilize the same or similar materials as replaced. Landlord shall reimburse Tenant, within thirty (30) days after receipt of copies of the invoices or other written evidence, satisfactory to Landlord, in Landlord's reasonable judgment, of the costs incurred by Tenant may pursue all remedies for which Tenant claims reimbursement for the reasonable costs and expenses incurred by Tenant in curing Landlord's default as aforesaid. If (i) Tenant obtains a final unappealable judgment against Landlord on account of any breach by Landlord of any covenant or obligation to be performed by Landlord under this Lease, and (ii) Landlord does not pay the amount due Tenant under such final unappealable judgment within the time provided for payment of such judgment or court order, Tenant may, at law or in equity; providedits option, howeveroffset such amount due Tenant, together with interest thereon at the rate provided for in the event Lease for late payments of any default Rent, against its monthly payment of Base Rent payable under this Lease to the extent of such amount due, until Tenant is reimbursed for which notice has been given as provided herein, which because said costs on the basis of its nature can be cured (but not within such thirty (30)-day period, other than said judgment. Tenant shall also have the failure to pay a sum of money which shall in all events be cured within such 30-day period), such default shall be deemed remedied if the correction thereof shall have been commenced within said thirty (30)-day period and shall, when commenced, be diligently prosecuted to completion. Tenant's right to seek and pursue any remedy other legal and/or equitable remedies or relief, including without limitation, specific performance, injunctive relief, actions for Landlord's default shall not be deemed waived by the failure damages, and/or declaratory judgment actions, as are available under applicable Georgia law from time to exercise said right nor shall any such failure estop Tenant from afterward asserting said right to seek any remedy as provided herein or as provided by law. Tenant shall not be entitled to terminate this Sublease or withhold, offset or xxxxx (except for any abatement express provided under the terms of this Sublease) any sums due hereunder. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages. Section 11.04. Limitation of Landlord's Liability. [INTENTIONALLY OMITTED]time.