Common use of REMEDIES OF LESSOR Clause in Contracts

REMEDIES OF LESSOR. If any Lessee Default occurs, Lessor shall have the right after the expiration of the applicable cure period and after compliance with all applicable laws, and at the sole discretion of Lessor, to terminate this Lease and retain the Security Deposit upon providing five (5) days written notice and opportunity to cure. An Event of Default shall be deemed to have occurred at the expiration of such five (5) day period if the default has not been cured by the expiration of such five (5) day period. Lessor may terminate the Lease irrespective of any suit or action brought by Lessee and the time period required for termination of this Lease shall not be tolled by the filing of a suit or action to the extent permitted by applicable law. Additionally, if any Event of Default occurs, Lessor may, at its option, from time to time, without terminating this Lease, re-enter and re-let the Premises, or any part thereof, as the agent and for the account of Lessee upon such terms and conditions as Lessor may deem advisable or satisfactory, in which event the rents received on such re-letting shall be applied first to the expenses of such re-letting and collection including but not limited to, reasonably necessary renovation and alterations of the Premises, reasonable attorney’s fees, any real estate commissions paid, and thereafter toward payment of all sums due or to become due to Lessor hereunder, and if a sufficient sum shall not be thus realized or secured to pay such sums and other charges, at Lessor’s option, Lessee shall pay Lessor any deficiency immediately upon demand therefore, notwithstanding that Lessor may have received periodic rental in excess of the periodic rental stipulated in this Lease in previous or subsequent rental periods, and Lessor may bring an action therefore as such deficiency shall arise. Nothing herein, however, shall be construed to require Lessor to re-enter and re-let the Premises in any event. Lessor shall not, in any event, be required to pay Lessee any surplus of any sums received by Lessor on a re-letting of said Premises in excess of the rent provided in this Lease. If any Event of Default occurs, Lessor shall have the right to obtain injunctive and declaratory relief, temporary and/or permanent, against Lessee for any acts, conduct or omissions of Lessee, and to further obtain specific performance of any term, covenant or condition of this Lease, including but not limited to the appointment of a receiver to operate Lessee’s business at the Premises. If any Event of Default occurs, Lessor shall have the right, at its option, to declare all Rent (or any portion thereof) for the entire remaining Lease Term, and other indebtedness owing by Lessee to Lessor, if any, immediately due and payable without regard to whether possession of the Premises shall have been surrendered to or taken by Lessor, and may commence action immediately thereupon and recover judgment therefore. If any Event of Default occurs, Lessor, in addition to other rights and remedies it may have, shall have the right to remove all or any part of Lessee’s personal property from the Premises and any personal property removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of Lessee, and Lessor shall not be responsible for the care or safekeeping thereof whether in transport, storage or otherwise, and Lessee hereby waives any and all claim against Lessor for loss, destruction and/or damage or injury which may be occasioned by any of the aforesaid acts. No such re-entry or taking possession of the Premises by Lessor shall be construed as an election on Lessor’s part to terminate this Lease unless a written notice of such intention is given to Lessee. Notwithstanding any such re-letting without termination, Lessor may at all times thereafter elect to terminate this Lease for such previous default. Any such re-entry shall be allowed by Lessee without hindrance, and Lessor shall not be liable in damages for any such re- entry, or guilty of trespass or forcible entry. It is expressly agreed that the forbearance on the part of Lessor in the institution of any suit or entry of judgment for any part of the Rent herein reserved to Lessor, shall not serve as a defense against nor prejudice a subsequent action for such Rent. Lessee hereby expressly waives Lessee’s right to claim a merger or waiver of such subsequent action in any previous suit or in the judgment entered therein. Furthermore, it is expressly agreed that claims for liquidated Base Rent and/or Percentage Rent may be regarded by Lessor, if it so elects, as separate and independent claims capable of being separately assigned. Any and all rights, remedies and options given in this Lease to Lessor shall be cumulative and in addition to and without waiver of, or in derogation of, any right or remedy given to it under any laws now or hereafter in effect.

REMEDIES OF LESSOR. If any All payments hereunder required to be made by Lessee Default occurs, to Lessor shall have be deemed and considered as rent reserved upon contract, and all remedies now or hereafter given by the right after the expiration laws of the applicable cure period and after compliance with all applicable lawsState of for the collection of rent are reserved to Lessor in respect of the sums so payable, and at the sole discretion of Lessor, to terminate a lien is hereby reserved upon this Lease and retain the Security Deposit upon providing five leasehold estate hereby created, to secure the payment of any and all sums. If default be made by Lessee in the payment of the rentals and royalties herein reserved, or in the performance of any of the other terms or conditions hereof required to be kept or performed by Lessee, and such default shall continue for a period of ten (510) days written notice with respect to payment of rentals and opportunity royalties&, or thirty (30) days with respect to cure. An Event of Default shall be deemed to have occurred at the expiration of such five (5) day period if the default has not been cured by the expiration of such five (5) day period. Lessor may terminate the Lease irrespective performance of any suit of the other terms or action brought by Lessee conditions, after written notification thereof has been posted to Lessee, then in such event and as often as the time period required for termination of this Lease shall not be tolled by the filing of a suit or action to the extent permitted by applicable law. Additionally, if any Event of Default same occurs, Lessor may, at its option, from time to time, terminate this Lease without terminating this Lease, any M e r notice and re-enter upon and take possession of the Leased Premises and hold and possess the same as its absolute property free and clear of any claims of, by, or through Lessee, and pursue any and all other remedies available under the laws of the State of for violation of any covenant or condition hereof, and all such remedies shall be deemed cumulative and not exclusive. Notwithstanding the foregoing, should physical conditions on the Leased Premises prohibit cure of any default (other than payment of rental or royalty) by Lessee within the prescribed thirty (30) day period, then Lessee shall be required to have diligently and in good faith commenced curative measures and shall within ten (10) days of notice of default advise Lessor in detail in writing as to what physical conditions are prohibiting completion of such cure and setting forth a timetable for such cure. Such notice by Lessee to Lessor shall toll the thirty (30) day curative time until physical conditions on the Leased Premises permit completion of curative work in a diligent good faith fashion. No action by Lessor pursuant to this Section 7 shall impair the right to rental and royalties due or accrued up to the time of termination and re-let entry hereunder, but none shall be charged for any period thereafter Lessee further agrees that if the interest of Lessee in the Leased Premises shall be sold on execution or judicial sale, or if bankruptcy proceedings be begun by Lessee, or if Lessee be adjudged a bankrupt, or it makes an assignment for the benefit of creditors, or a receiver be appointed for it or for the Leased Premises, or any part thereofif an assignment occurs by operation of law, as the agent and for the account of Lessee upon such terms and conditions as Lessor may deem advisable or satisfactory, in which event the rents received on such re-letting shall be applied first to the expenses of such re-letting and collection including but not limited to, reasonably necessary renovation and alterations of the Premises, reasonable attorney’s fees, any real estate commissions paidthen, and thereafter toward payment of all sums due or to become due to Lessor hereunderin any such event, and if a sufficient sum shall not be thus realized or secured to pay such sums and other charges, at Lessor’s option, Lessee shall pay Lessor any deficiency immediately upon demand therefore, notwithstanding that Lessor may have received periodic rental in excess of the periodic rental stipulated in this Lease in previous or subsequent rental periodsshall forthwith terminate and be forfeited and the Leased Premises and all improvements thereon shall forthwith become the property of Lessor, and Lessor may bring an action therefore as such deficiency shall arise. Nothing herein, however, shall be construed without compensation to require Lessor to re-enter and re-let the Premises in any event. Lessor shall not, in any event, be required to pay Lessee any surplus of any sums received by Lessor on a re-letting of said Premises in excess of the rent provided in this Lease. If any Event of Default occurs, Lessor shall have the right to obtain injunctive and declaratory relief, temporary and/or permanent, against Lessee for any acts, conduct or omissions of Lessee, and to further obtain specific performance without refund of any term, covenant or condition of this Lease, including but not limited to the appointment of a receiver to operate Lessee’s business at the Premises. If any Event of Default occurs, Lessor shall have the right, at its option, to declare all Rent (or any portion thereof) for the entire remaining Lease Term, and other indebtedness owing by Lessee to Lessor, if any, immediately due and payable without regard to whether possession of the Premises shall have been surrendered to or taken by Lessor, and may commence action immediately thereupon and recover judgment therefore. If any Event of Default occurs, Lessor, in addition to other rights and remedies it may have, shall have the right to remove all or any part of Lessee’s personal property from the Premises and any personal property removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of Lessee, and Lessor shall not be responsible for the care or safekeeping thereof whether in transport, storage or otherwise, and Lessee hereby waives any and all claim against Lessor for loss, destruction and/or damage or injury which may be occasioned by any of the aforesaid acts. No such re-entry or taking possession of the Premises by Lessor shall be construed as an election on Lessor’s part to terminate this Lease unless a written notice of such intention is given to Lessee. Notwithstanding any such re-letting without termination, Lessor may at all times thereafter elect to terminate this Lease for such previous default. Any such re-entry shall be allowed by Lessee without hindrance, and Lessor shall not be liable in damages for any such re- entry, or guilty of trespass or forcible entry. It is expressly agreed that the forbearance on the part of Lessor in the institution of any suit or entry of judgment for any part of the Rent herein reserved to Lessor, shall not serve as a defense against nor prejudice a subsequent action for such Rent. Lessee hereby expressly waives Lessee’s right to claim a merger or waiver of such subsequent action in any previous suit or in the judgment entered therein. Furthermore, it is expressly agreed that claims for liquidated Base Rent and/or Percentage Rent may be regarded by Lessor, if it so elects, as separate and independent claims capable of being separately assigned. Any and all rights, remedies and options given in this Lease to Lessor shall be cumulative and in addition to and without waiver of, or in derogation of, any right or remedy given to it under any laws now or hereafter in effectroyalties paid hereunder.

REMEDIES OF LESSOR. If any All payments hereunder required to be made by Lessee Default occurs, to Lessor shall have be deemed and considered as rent reserved upon contract, and all remedies now or hereafter given by the right after the expiration laws of the applicable cure period and after compliance with all applicable lawsState of West Virginia for the collection of rent are reserved to Lessor in respect of the sums so payable, and at the sole discretion of Lessor, to terminate a lien is hereby reserved upon this Lease and retain the Security Deposit upon providing five leasehold estate hereby created, to secure the payment of any and all sums. If default be made by Lessee in the payment of the rentals and royalties herein reserved, or in the performance of any of the other terms or conditions hereof required to be kept or performed by Lessee, and such default shall continue for a period of ten (510) days written notice with respect to payment of rentals and opportunity royalties, or thirty (30) days with respect to cure. An Event of Default shall be deemed to have occurred at the expiration of such five (5) day period if the default has not been cured by the expiration of such five (5) day period. Lessor may terminate the Lease irrespective performance of any suit of the other terms or action brought by Lessee conditions, after written notification thereof has been posted to Lessee, then in such event and as often as the time period required for termination of this Lease shall not be tolled by the filing of a suit or action to the extent permitted by applicable law. Additionally, if any Event of Default same occurs, Lessor may, at its option, from time to time, terminate this Lease without terminating this Lease, any further notice and re-enter upon and take possession of the Leased Premises and hold and possess the same as its absolute property free and clear of any claims of, by, or through Lessee, and pursue any and all other remedies available under the laws of the State of West Virginia for violation of any covenant or condition hereof, and all such remedies shall be deemed cumulative and not exclusive. Notwithstanding the foregoing, should physical conditions on the Leased Premises prohibit cure of any default (other than payment of rental or royalty) by Lessee within the prescribed thirty (30) day period, then Lessee shall be required to have diligently and in good faith commenced curative measures and shall within ten (10) days of notice of default advise Lessor in detail in writing as to what physical conditions are prohibiting completion of such cure and setting forth a timetable for such cure. Such notice by Lessee to Lessor shall toll the thirty (30) day curative time until physical conditions on the Leased Premises permit completion of curative work in a diligent good faith fashion. No action by Lessor pursuant to this Section 7 shall impair the right to rental and royalties due or accrued up to the time of termination and re-let entry hereunder, but none shall be charged for any period thereafter Lessee further agrees that if the interest of Lessee in the Leased Premises shall be sold on execution or judicial sale, or if bankruptcy proceedings be begun by Lessee, or if Lessee be adjudged a The symbol [***] is used to indicate that a portion of the exhibit has been omitted and filed separately with the commission. Confidential treatment has been requested with respect to the omitted portion. bankrupt, or it makes an assignment for the benefit of creditors, or a receiver be appointed for it or for the Leased Premises, or any part thereofif an assignment occurs by operation of law, as the agent and for the account of Lessee upon such terms and conditions as Lessor may deem advisable or satisfactory, in which event the rents received on such re-letting shall be applied first to the expenses of such re-letting and collection including but not limited to, reasonably necessary renovation and alterations of the Premises, reasonable attorney’s fees, any real estate commissions paidthen, and thereafter toward payment of all sums due or to become due to Lessor hereunderin any such event, and if a sufficient sum shall not be thus realized or secured to pay such sums and other charges, at Lessor’s option, Lessee shall pay Lessor any deficiency immediately upon demand therefore, notwithstanding that Lessor may have received periodic rental in excess of the periodic rental stipulated in this Lease in previous or subsequent rental periodsshall forthwith terminate and be forfeited and the Leased Premises and all improvements thereon shall forthwith become the property of Lessor, and Lessor may bring an action therefore as such deficiency shall arise. Nothing herein, however, shall be construed without compensation to require Lessor to re-enter and re-let the Premises in any event. Lessor shall not, in any event, be required to pay Lessee any surplus of any sums received by Lessor on a re-letting of said Premises in excess of the rent provided in this Lease. If any Event of Default occurs, Lessor shall have the right to obtain injunctive and declaratory relief, temporary and/or permanent, against Lessee for any acts, conduct or omissions of Lessee, and to further obtain specific performance without refund of any term, covenant or condition of this Lease, including but not limited to the appointment of a receiver to operate Lessee’s business at the Premises. If any Event of Default occurs, Lessor shall have the right, at its option, to declare all Rent (or any portion thereof) for the entire remaining Lease Term, and other indebtedness owing by Lessee to Lessor, if any, immediately due and payable without regard to whether possession of the Premises shall have been surrendered to or taken by Lessor, and may commence action immediately thereupon and recover judgment therefore. If any Event of Default occurs, Lessor, in addition to other rights and remedies it may have, shall have the right to remove all or any part of Lessee’s personal property from the Premises and any personal property removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of Lessee, and Lessor shall not be responsible for the care or safekeeping thereof whether in transport, storage or otherwise, and Lessee hereby waives any and all claim against Lessor for loss, destruction and/or damage or injury which may be occasioned by any of the aforesaid acts. No such re-entry or taking possession of the Premises by Lessor shall be construed as an election on Lessor’s part to terminate this Lease unless a written notice of such intention is given to Lessee. Notwithstanding any such re-letting without termination, Lessor may at all times thereafter elect to terminate this Lease for such previous default. Any such re-entry shall be allowed by Lessee without hindrance, and Lessor shall not be liable in damages for any such re- entry, or guilty of trespass or forcible entry. It is expressly agreed that the forbearance on the part of Lessor in the institution of any suit or entry of judgment for any part of the Rent herein reserved to Lessor, shall not serve as a defense against nor prejudice a subsequent action for such Rent. Lessee hereby expressly waives Lessee’s right to claim a merger or waiver of such subsequent action in any previous suit or in the judgment entered therein. Furthermore, it is expressly agreed that claims for liquidated Base Rent and/or Percentage Rent may be regarded by Lessor, if it so elects, as separate and independent claims capable of being separately assigned. Any and all rights, remedies and options given in this Lease to Lessor shall be cumulative and in addition to and without waiver of, or in derogation of, any right or remedy given to it under any laws now or hereafter in effectroyalties paid hereunder.

REMEDIES OF LESSOR. If any All payments hereunder required to be made by Lessee Default occurs, to Lessor shall have be deemed and considered as rent reserved upon contract, and all remedies now or hereafter given by the right after the expiration laws of the applicable cure period and after compliance with all applicable lawsCommonwealth of Virginia for the collection of rent are reserved to Lessor in respect of the sums so payable, and at the sole discretion of Lessor, to terminate a lien is hereby reserved upon this Lease and retain the Security Deposit upon providing five leasehold estate hereby created, to secure the payment of any and all sums. If default be made by Lessee in the payment of the rentals and royalties herein reserved, or in the performance of any of the other terms or conditions hereof required to be kept or performed by Lessee, and such default shall continue for a period of ten (510) days written notice with respect to payment of rentals and opportunity royalties, or thirty (30) days with respect to cure. An Event of Default shall be deemed to have occurred at the expiration of such five (5) day period if the default has not been cured by the expiration of such five (5) day period. Lessor may terminate the Lease irrespective performance of any suit of the other terms or action brought conditions, after written notification thereof has been received by Lessee Lessee, then in such event and as often as the time period required for termination of this Lease shall not be tolled by the filing of a suit or action to the extent permitted by applicable law. Additionally, if any Event of Default same occurs, Lessor may, at its option, from time to time, terminate this Lease without terminating this Lease, any further notice and re-enter upon and take possession of the Leased Premises and hold and possess the same as its absolute property free and clear of any claims of, by, or through Lessee, and pursue any and all other remedies available under the laws of the Commonwealth of Virginia for violation of any covenant or condition hereof, and all such remedies shall be deemed cumulative and not exclusive. Notwithstanding the foregoing, should physical conditions on the Leased Premises prohibit cure of any default (other than payment of rental or royalty) by Lessee within the prescribed thirty (30) day period, then Lessee shall be required to have diligently and in good faith commenced curative measures and shall within ten (10) days of notice of default advise Lessor in detail in writing as to what physical conditions are prohibiting completion of such cure and setting forth a timetable for such cure. Such notice by Lessee to Lessor shall toll the thirty (30) day curative time until physical conditions permit completion of curative work in a diligent good faith fashion. No action by Lessor pursuant to this Section 7 shall impair the right to rental and royalties due or accrued up to the time of termination and re-let entry hereunder, but none shall be charged for any period thereafter Lessee further agrees that if the interest of Lessee in the Leased Premises shall be sold on execution or judicial sale, or if bankruptcy proceedings be begun by Lessee, or if Lessee be adjudged a bankrupt, or it makes an assignment for the benefit of creditors, or a receiver be appointed for it or for the Leased Premises, or any part thereofif an assignment occurs by operation of law, as the agent and for the account of Lessee upon such terms and conditions as Lessor may deem advisable or satisfactory, in which event the rents received on such re-letting shall be applied first to the expenses of such re-letting and collection including but not limited to, reasonably necessary renovation and alterations of the Premises, reasonable attorney’s fees, any real estate commissions paidthen, and thereafter toward payment of all sums due or to become due to Lessor hereunderin any such event, and if a sufficient sum shall not be thus realized or secured to pay such sums and other charges, at Lessor’s option, Lessee shall pay Lessor any deficiency immediately upon demand therefore, notwithstanding that Lessor may have received periodic rental in excess of the periodic rental stipulated in this Lease in previous or subsequent rental periodsshall forthwith terminate and be forfeited and the Leased Premises and all improvements thereon shall forthwith become the property of Lessor, and Lessor may bring an action therefore as such deficiency shall arise. Nothing herein, however, shall be construed without compensation to require Lessor to re-enter and re-let the Premises in any event. Lessor shall not, in any event, be required to pay Lessee any surplus of any sums received by Lessor on a re-letting of said Premises in excess of the rent provided in this Lease. If any Event of Default occurs, Lessor shall have the right to obtain injunctive and declaratory relief, temporary and/or permanent, against Lessee for any acts, conduct or omissions of Lessee, and to further obtain specific performance without refund of any term, covenant or condition royalties paid hereunder. The symbol [***] is used to indicate that a portion of this Lease, including but not limited the exhibit has been omitted and filed separately with the commission. Confidential treatment has been requested with respect to the appointment of a receiver to operate Lessee’s business at the Premises. If any Event of Default occurs, Lessor shall have the right, at its option, to declare all Rent (or any portion thereof) for the entire remaining Lease Term, and other indebtedness owing by Lessee to Lessor, if any, immediately due and payable without regard to whether possession of the Premises shall have been surrendered to or taken by Lessor, and may commence action immediately thereupon and recover judgment therefore. If any Event of Default occurs, Lessor, in addition to other rights and remedies it may have, shall have the right to remove all or any part of Lessee’s personal property from the Premises and any personal property removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of Lessee, and Lessor shall not be responsible for the care or safekeeping thereof whether in transport, storage or otherwise, and Lessee hereby waives any and all claim against Lessor for loss, destruction and/or damage or injury which may be occasioned by any of the aforesaid acts. No such re-entry or taking possession of the Premises by Lessor shall be construed as an election on Lessor’s part to terminate this Lease unless a written notice of such intention is given to Lessee. Notwithstanding any such re-letting without termination, Lessor may at all times thereafter elect to terminate this Lease for such previous default. Any such re-entry shall be allowed by Lessee without hindrance, and Lessor shall not be liable in damages for any such re- entry, or guilty of trespass or forcible entry. It is expressly agreed that the forbearance on the part of Lessor in the institution of any suit or entry of judgment for any part of the Rent herein reserved to Lessor, shall not serve as a defense against nor prejudice a subsequent action for such Rent. Lessee hereby expressly waives Lessee’s right to claim a merger or waiver of such subsequent action in any previous suit or in the judgment entered therein. Furthermore, it is expressly agreed that claims for liquidated Base Rent and/or Percentage Rent may be regarded by Lessor, if it so elects, as separate and independent claims capable of being separately assigned. Any and all rights, remedies and options given in this Lease to Lessor shall be cumulative and in addition to and without waiver of, or in derogation of, any right or remedy given to it under any laws now or hereafter in effectomitted portion.

REMEDIES OF LESSOR. If any All payments hereunder required to be made by Lessee Default occurs, to Lessor shall have be deemed and considered as rent reserved upon contract, and all remedies now or hereafter given by the right after the expiration laws of the applicable cure period and after compliance with all applicable lawsCommonwealth of Virginia for the collection of rent are reserved to Lessor in respect of the sums so payable, and at the sole discretion of Lessor, to terminate a lien is hereby reserved upon this Lease and retain the Security Deposit upon providing five leasehold estate hereby created, to secure the payment of any and all sums. If default be made by Lessee in the payment of the rentals and royalties herein reserved, or in the performance of any of the other terms or conditions hereof required to be kept or performed by Lessee, and such default shall continue for a period of ten (510) days written notice with respect to payment of rentals and opportunity royalties, or thirty (30) days with respect to cure. An Event of Default shall be deemed to have occurred at the expiration of such five (5) day period if the default has not been cured by the expiration of such five (5) day period. Lessor may terminate the Lease irrespective performance of any suit of the other terms or action brought conditions, after written notification thereof has been received by Lessee Lessee, then in such event and as often as the time period required for termination of this Lease shall not be tolled by the filing of a suit or action to the extent permitted by applicable law. Additionally, if any Event of Default same occurs, Lessor may, at its option, from time to time, terminate this Lease without terminating this Lease, any further notice and re-enter upon and take possession of the Leased Premises and hold and possess the same as its absolute property free and clear of any claims of, by, or through Lessee, and pursue any and all other remedies available under the laws of the Commonwealth of Virginia for violation of any covenant or condition hereof, and all such remedies shall be deemed cumulative and not exclusive. Notwithstanding the foregoing, should physical conditions on the Leased Premises prohibit cure of any default (other than payment of rental or royalty) by Lessee within the prescribed thirty (30) day period, then Lessee shall be required to have diligently and in good faith commenced curative measures and shall within ten (10) days of notice of default advise The symbol [***] is used to indicate that a portion of the exhibit has been omitted and filed separately with the commission. Confidential treatment has been requested with respect to the omitted portion. Lessor in detail in writing as to what physical conditions are prohibiting completion of such cure and setting forth a timetable for such cure. Such notice by Lessee to Lessor shall toll the thirty (30) day curative time until physical conditions permit completion of curative work in a diligent good faith fashion. No action by Lessor pursuant to this Section 7 shall impair the right to rental and royalties due or accrued up to the time of termination and re-let entry hereunder, but none shall be charged for any period thereafter Lessee further agrees that if the interest of Lessee in the Leased Premises shall be sold on execution or judicial sale, or if bankruptcy proceedings be begun by Lessee, or if Lessee be adjudged a bankrupt, or it makes an assignment for the benefit of creditors, or a receiver be appointed for it or for the Leased Premises, or any part thereofif an assignment occurs by operation of law, as the agent and for the account of Lessee upon such terms and conditions as Lessor may deem advisable or satisfactory, in which event the rents received on such re-letting shall be applied first to the expenses of such re-letting and collection including but not limited to, reasonably necessary renovation and alterations of the Premises, reasonable attorney’s fees, any real estate commissions paidthen, and thereafter toward payment of all sums due or to become due to Lessor hereunderin any such event, and if a sufficient sum shall not be thus realized or secured to pay such sums and other charges, at Lessor’s option, Lessee shall pay Lessor any deficiency immediately upon demand therefore, notwithstanding that Lessor may have received periodic rental in excess of the periodic rental stipulated in this Lease in previous or subsequent rental periodsshall forthwith terminate and be forfeited and the Leased Premises and all improvements thereon shall forthwith become the property of Lessor, and Lessor may bring an action therefore as such deficiency shall arise. Nothing herein, however, shall be construed without compensation to require Lessor to re-enter and re-let the Premises in any event. Lessor shall not, in any event, be required to pay Lessee any surplus of any sums received by Lessor on a re-letting of said Premises in excess of the rent provided in this Lease. If any Event of Default occurs, Lessor shall have the right to obtain injunctive and declaratory relief, temporary and/or permanent, against Lessee for any acts, conduct or omissions of Lessee, and to further obtain specific performance without refund of any term, covenant or condition of this Lease, including but not limited to the appointment of a receiver to operate Lessee’s business at the Premises. If any Event of Default occurs, Lessor shall have the right, at its option, to declare all Rent (or any portion thereof) for the entire remaining Lease Term, and other indebtedness owing by Lessee to Lessor, if any, immediately due and payable without regard to whether possession of the Premises shall have been surrendered to or taken by Lessor, and may commence action immediately thereupon and recover judgment therefore. If any Event of Default occurs, Lessor, in addition to other rights and remedies it may have, shall have the right to remove all or any part of Lessee’s personal property from the Premises and any personal property removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of Lessee, and Lessor shall not be responsible for the care or safekeeping thereof whether in transport, storage or otherwise, and Lessee hereby waives any and all claim against Lessor for loss, destruction and/or damage or injury which may be occasioned by any of the aforesaid acts. No such re-entry or taking possession of the Premises by Lessor shall be construed as an election on Lessor’s part to terminate this Lease unless a written notice of such intention is given to Lessee. Notwithstanding any such re-letting without termination, Lessor may at all times thereafter elect to terminate this Lease for such previous default. Any such re-entry shall be allowed by Lessee without hindrance, and Lessor shall not be liable in damages for any such re- entry, or guilty of trespass or forcible entry. It is expressly agreed that the forbearance on the part of Lessor in the institution of any suit or entry of judgment for any part of the Rent herein reserved to Lessor, shall not serve as a defense against nor prejudice a subsequent action for such Rent. Lessee hereby expressly waives Lessee’s right to claim a merger or waiver of such subsequent action in any previous suit or in the judgment entered therein. Furthermore, it is expressly agreed that claims for liquidated Base Rent and/or Percentage Rent may be regarded by Lessor, if it so elects, as separate and independent claims capable of being separately assigned. Any and all rights, remedies and options given in this Lease to Lessor shall be cumulative and in addition to and without waiver of, or in derogation of, any right or remedy given to it under any laws now or hereafter in effectroyalties paid hereunder.

REMEDIES OF LESSOR. If any All payments hereunder required to be made by Lessee Default occurs, to Lessor shall have be deemed and considered as rent reserved upon contract, and all remedies now or hereafter given by the right after the expiration laws of the applicable cure period and after compliance with all applicable lawsState of [ ] for the collection of rent are reserved to Lessor in respect of the sums so payable, and at the sole discretion of Lessor, to terminate a lien is hereby reserved and imposed upon this Lease and retain the Security Deposit upon providing five leasehold estate hereby created, to secure the payment of any and all such sums. If default be made by Lessee in the payment of the rentals and royalties herein reserved, and such payment is not the subject of an arbitration proceeding initiated pursuant to Section 9 hereof, and such default shall continue for a twenty (5) days written notice and opportunity to cure. An Event of Default shall be deemed to have occurred at the expiration of such five (520) day period if after written notification thereof has been received by Lessee, or a material default in the default has not been cured by the expiration of such five (5) day period. Lessor may terminate the Lease irrespective performance of any suit of the other terms or action brought conditions hereof required to be kept or performed by Lessee Lessee, and any such default shall continue for a period of thirty (30) days after written notification thereof has been received by Lessee, then in such event and as often as the time period required for termination of this Lease shall not be tolled by the filing of a suit or action to the extent permitted by applicable law. Additionally, if any Event of Default same occurs, Lessor may, at its option, from time to time, terminate this Lease without terminating this Lease, any further notice and re-enter upon and take possession of the Leased Premises and hold and possess the same as its absolute property free and clear of any claims of, by, or through Lessee, and pursue any and all other remedies available under the laws of the State of [ ] for violation of any covenant or condition hereof, and all such remedies shall be deemed cumulative and not exclusive. No action by Lessor pursuant to this Section 6 shall impair the Lessor's right (i) to rental and royalties due or accrued hereunder up to the time of termination and re-let entry, or (ii) Minimum Annual Royalties for each of the [ ] years of the initial term of the Lease, but none shall accrue or be charged for any period thereafter. Lessee agrees that if the interest of Lessee in the Leased Premises shall be sold on execution or judicial sale, or if bankruptcy proceedings be begun by Lessee, or if Lessee be adjudged a bankrupt, or it makes an assignment for the benefit of creditors, or a receiver be appointed for it or for the Leased Premises, or any part thereofif an assignment occurs by operation of law, as the agent and for the account of Lessee upon such terms and conditions as Lessor may deem advisable or satisfactory, in which event the rents received on such re-letting shall be applied first to the expenses of such re-letting and collection including but not limited to, reasonably necessary renovation and alterations of the Premises, reasonable attorney’s fees, any real estate commissions paidthen, and thereafter toward payment of all sums due or to become due to Lessor hereunderin any such event, and if a sufficient sum shall not be thus realized or secured to pay such sums and other charges, at Lessor’s option, Lessee shall pay Lessor any deficiency immediately upon demand therefore, notwithstanding that Lessor may have received periodic rental in excess of the periodic rental stipulated in this Lease in previous or subsequent rental periodsshall forthwith terminate and be forfeited and the Leased Premises and all improvements thereon shall forthwith become the property of Lessor, and Lessor may bring an action therefore as such deficiency shall arise. Nothing herein, however, shall be construed without compensation to require Lessor to re-enter and re-let the Premises in any event. Lessor shall not, in any event, be required to pay Lessee any surplus of any sums received by Lessor on a re-letting of said Premises in excess of the rent provided in this Lease. If any Event of Default occurs, Lessor shall have the right to obtain injunctive and declaratory relief, temporary and/or permanent, against Lessee for any acts, conduct or omissions of Lessee, and to further obtain specific performance without refund of any term, covenant or condition of this Lease, including but not limited to the appointment of a receiver to operate Lessee’s business at the Premises. If any Event of Default occurs, Lessor shall have the right, at its option, to declare all Rent (or any portion thereof) for the entire remaining Lease Term, and other indebtedness owing by Lessee to Lessor, if any, immediately due and payable without regard to whether possession of the Premises shall have been surrendered to or taken by Lessor, and may commence action immediately thereupon and recover judgment therefore. If any Event of Default occurs, Lessor, in addition to other rights and remedies it may have, shall have the right to remove all or any part of Lessee’s personal property from the Premises and any personal property removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of Lessee, and Lessor shall not be responsible for the care or safekeeping thereof whether in transport, storage or otherwise, and Lessee hereby waives any and all claim against Lessor for loss, destruction and/or damage or injury which may be occasioned by any of the aforesaid acts. No such re-entry or taking possession of the Premises by Lessor shall be construed as an election on Lessor’s part to terminate this Lease unless a written notice of such intention is given to Lessee. Notwithstanding any such re-letting without termination, Lessor may at all times thereafter elect to terminate this Lease for such previous default. Any such re-entry shall be allowed by Lessee without hindrance, and Lessor shall not be liable in damages for any such re- entry, or guilty of trespass or forcible entry. It is expressly agreed that the forbearance on the part of Lessor in the institution of any suit or entry of judgment for any part of the Rent herein reserved to Lessor, shall not serve as a defense against nor prejudice a subsequent action for such Rent. Lessee hereby expressly waives Lessee’s right to claim a merger or waiver of such subsequent action in any previous suit or in the judgment entered therein. Furthermore, it is expressly agreed that claims for liquidated Base Rent and/or Percentage Rent may be regarded by Lessor, if it so elects, as separate and independent claims capable of being separately assigned. Any and all rights, remedies and options given in this Lease to Lessor shall be cumulative and in addition to and without waiver of, or in derogation of, any right or remedy given to it under any laws now or hereafter in effectroyalties paid hereunder.