Common use of Right to Re-enter Clause in Contracts

Right to Re-enter. In the event of any failure of Tenant to pay any rental due hereunder for more than ten (10) days after written notice of such default shall have been given to Tenant, or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty (30) days after written notice of such default shall have been given to Tenant, or if Tenant shall become bankrupt or insolvent, or file any debtor proceedings or take or have taken against Tenant in any court pursuant to any statute either of the United States or of any State a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, or if Tenant makes an assignment for the benefit of creditors, or petitions for or enters into such arrangement, or if Tenant shall abandon said Leased Premise, or the insolvency of Tenant or the admission of Tenant of its inability to pay its debt as they mature or Tenant is dispossessed from the Leased Premise due to attachment, levy, imposition of a federal or state tax lien or other legal proceedings which cause Tenant to remain out of possession for five (5) or more consecutive days; or suffer this Lease to be taken under any writ of execution, then Landlord besides other rights or remedies it may have under this Lease, applicable law, or otherwise shall have immediate right of re-entry and may remove all persons and property from the Leased Premise and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all with service of notice. Each of the foregoing occurrences shall be considered a default under the Lease (sometimes “Default”).

Right to Re-enter. In Proviso for re-entry by the event Landlord on non-payment of any failure rent or non-performance of covenants. Without limiting the generality of the foregoing, if; (a) the Tenant fails to pay any rental Rent or other sums due hereunder on the day or dates appointed for more than ten the payment thereof (10provided the Landlord first gives five (5) days after days' written notice to the Tenant of any such default shall have been given failure); or (b) the Tenant fails to Tenant, observe or any failure to perform any other of the terms, covenants or conditions or covenants of this Lease to be observed or performed by the Tenant for more than thirty (30provided the Landlord first gives to the Tenant ten (10) days after days', or such shorter period of time as is otherwise provided herein, written notice, or, no notice in case of a real or apprehended emergency, of any such default shall have been given failure to perform, and, the Tenant, within such period, fails to commence diligently and thereafter to proceed diligently to cure any such failure to perform); or if (c) the Tenant shall become or any Indemnifier of this Lease or any Person occupying the leased Premises or any part thereof or any licensee, concessionaire or franchisee operating a business in the Leased Premises becomes bankrupt or insolvent, insolvent or file any debtor proceedings or take or have taken against Tenant in any court pursuant to any statute either of takes the United States or benefit of any State a petition act now or hereafter in bankruptcy force for bankrupt or insolvency insolvent debtors or for reorganization files any proposal or makes any assignment for the appointment benefit of creditors or any arrangement or compromise; or (d) a receiver or trustee of a receiver and manager is appointed for all or a portion of the Tenant’s 's property or any such Indemnifier's occupant's, licensee's, concessionaire's or franchisee's property; or (e) any steps are taken or any action or proceedings are instituted by the Tenant or by any other party including without limitation, any court or if governmental body of competent jurisdiction for the dissolution, winding-up or liquidation of the Tenant's or its assets; or (f) the Tenant makes a sale in bulk (other than a bulk sale made to an assignee or sublessee pursuant to a permitted assignment for or subletting hereunder and pursuant to the benefit Bulk Sales Act of creditors, Ontario); or petitions for (g) the Tenant abandons or enters into such arrangement, or if Tenant shall attempts to abandon said Leased Premise, or the insolvency of Tenant or the admission of Tenant of its inability to pay its debt as they mature or Tenant is dispossessed from the Leased Premise due to attachment, levy, imposition of a federal or state tax lien or other legal proceedings which cause Tenant to remain out of possession for five (5) or more consecutive daysPremises; or suffer (h) the Tenant transfers or permits the occupation of all or any part of the Leased Premises by any one except in a manner permitted by this Lease; or (i) this Lease to be or any of the Tenant's assets are taken under any writ of execution; or (j) re-entry is permitted under any other terms of this Lease; than the Landlord, then Landlord besides in addition to any other rights or remedies it may have under has pursuant to this Lease, applicable Lease or by law, or otherwise shall have has, to the extent permitted by law, the immediate right of re-entry upon the Leased Premises and may remove all persons and property from re-enter the Leased Premise Premises, and such any or all of the Tenant's property may be removed and sold or disposed of by the Landlord as it deems advisable or may be stored in a public warehouse or elsewhere at the cost of, and for the account of the Tenant, all with service without services of notice. Each notice or resort to legal process and without the Landlord being considered guilty of the foregoing occurrences shall trespass or becoming liable for any loss or damage which may be considered a default under the Lease (sometimes “Default”)occasioned thereby.

Right to Re-enter. In the event The following shall be considered for all purposes to be defaults under and breaches of any failure of this Lease; (a) Tenant shall fail to pay any rental due hereunder rent or other amount when due; (b) Tenant shall fail to perform or observe any of the terms, provisions, conditions, and covenants of this Lease for more than ten (10) days after written notice of such default failure; (c) Landlord shall have been given to Tenant, determine that Tenant has submitted any false report or any failure to perform any other of the terms, conditions or covenants of this Lease made false statement required to be observed or performed by Tenant for more than thirty furnished hereunder; (30d) days after written notice of such default shall have been given to Tenant, or if Tenant shall become bankrupt or insolvent, insolvent or file any debtor proceedings or take or have taken against Tenant in any court pursuant to any statute either of the United States or of any State a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, or if Tenant makes an assignment arrangement for the benefit of creditorscreditors or an order for relief is entered in respect of Tenant, or petitions for or enters into Tenant shall generally not pay its debts, as such arrangement, or if debts become due; (e) Tenant shall abandon said Leased Premiseor vacate or fail to do business in the Premises for ten (10) continuous days, or (f) this Lease or Tenant’s interest herein or in the insolvency Premises or any improvements thereon or any property of Tenant are executed upon or attached; (g) the admission Premises come into the hands of Tenant of its inability any person other than such persons expressly permitted under this notice (the same being hereby waived by Tenant). Landlord, in addition to pay its debt as they mature or Tenant is dispossessed from the Leased Premise due to attachment, levy, imposition of a federal or state tax lien or other legal proceedings which cause Tenant to remain out of possession for five (5) or more consecutive days; or suffer this Lease to be taken under any writ of execution, then Landlord besides all other rights or remedies it may have, shall have under the right upon default to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to re-enter and take possession of the Premises, in each case without notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. If rentals received from such reletting during any month are less than that to be paid during that month by Tenant hereunder, Tenant shall immediately pay any such deficiency to Landlord. No re-entry or taking possession of the Premises by Landlord shall be construed as an election to terminate this Lease, applicable law, or otherwise shall have immediate right unless Landlord gives a written notice of re-entry and may remove all persons and property from the Leased Premise and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all with service of notice. Each of the foregoing occurrences shall be considered a default under the Lease (sometimes “Default”)termination.

Right to Re-enter. In the event of any failure of Tenant to pay any rental due hereunder for more than within ten business (10) days after written notice of such default the same shall have been given to Tenantbe due, or any failure to perform any other of the terms, conditions or covenants of this Lease lease to be observed or performed by Tenant for more than thirty (30) days after written notice of such default shall have been given mailed to Tenant, provided such thirty (30) days shall be extended so long as Tenant is diligently proceeding to cure such defaults, or if Tenant shall become bankrupt or insolvent, or file any debtor proceedings proceedings, or take or have taken against Tenant in any court pursuant to any statute either of the United States or of any State a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, or if Tenant Txxxxx makes an assignment for the benefit of creditors, or petitions for or enters into such an arrangement, or if Tenant shall abandon said Leased Premise, or the insolvency of Tenant or the admission of Tenant of its inability to pay its debt as they mature or Tenant is dispossessed from the Leased Premise due to attachment, levy, imposition of a federal or state tax lien or other legal proceedings which cause Tenant to remain out of possession leased premises for five (5) or more consecutive days; than six months or suffer this Lease lease to be taken under any writ of execution, then Landlord Owner besides other rights or remedies it may have under this Leasehave, applicable law, or otherwise shall have the immediate right of re-entry and may remove all persons and property from the Leased Premise leased premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all with without service of notice. Each notice or resort to legal process and without being deemed guilty of the foregoing occurrences shall trespass, or becoming liable for any loss or damage which may be considered a default under the Lease (sometimes “Default”)occasioned thereby.

Right to Re-enter. In the event The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) any failure of Tenant to pay any rental due hereunder for more than ten rent or other amount WITHIN TEN (10) days after written notice of such default shall have been given to Tenant, or DAYS AFTER NOTICE THAT SAME IS OVERDUE [CONFIDENTIAL] (b) any failure by Tenant to perform or observe any other of the terms, provisions, conditions or and covenants of this Lease to be observed or performed by Tenant for more than thirty THIRTY (30) days after written notice of such default shall have been given failure; (c) a determination by Landlord that Tenant has submitted any false report required to Tenantbe furnished hereunder; (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly [CONFIDENTIAL] interferes in any way with, or if results in a work stoppage in connection with, construction of any part of the Center or any other tenant's space; (e) the bankruptcy or insolvency of Tenant shall become bankrupt or insolvent, the filing by or file any debtor proceedings or take or have taken against Tenant in any court pursuant to any statute either of the United States or of any State a petition in bankruptcy or insolvency or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s 's property, or if Tenant makes an Tenant's assignment for the benefit of creditors, ; (f) Tenant abandoning or petitions for vacating or enters into such arrangement, failing to do business in the Premises or if Tenant shall abandon said Leased Premise, (g) this Lease or Tenant's interest herein or in the insolvency Premises or any improvements thereon or any property of Tenant are executed upon or the admission of Tenant of its inability to pay its debt as they mature or Tenant is dispossessed from the Leased Premise due to attachment, levy, imposition of a federal or state tax lien or other legal proceedings which cause Tenant to remain out of possession for five (5) or more consecutive daysattached; or suffer (h) the Premises come into the hands of any person other than expressly permitted under this Lease Lease. In any such event, and without FURTHER grace period, demand or notice (the same being hereby waived by Tenant), Landlord, in addition to be taken under any writ of execution, then Landlord besides all other rights or remedies it may have under this Leasehave, applicable law, or otherwise shall have immediate the right of thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to re-entry enter and may take possession of the Premises, remove all persons and property from the Leased Premise and Premises, store such property may be removed and stored in a public warehouse or elsewhere at the cost ofTenant's expense, and for the account of Tenantsell such property if necessary to satisfy any deficiency in payments by Tenant as required hereunder, all with service without FURTHER notice or resort to legal process and without being deemed guilty of noticetrespass or becoming liable for any loss or damage occasioned thereby. Each of the foregoing occurrences Nothing herein shall be considered a default under the Lease (sometimes “Default”).construed to require Landlord to give any notice before exercising any of its rights and remedies provided for in Section 3.4

Right to Re-enter. In the event of any failure of Tenant (a) to pay any rental due hereunder for more than within ten (10) days after written notice of such default the same shall have been given to Tenant, be due; or (b) any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty (30) days after written notice of such default shall have been given to Tenant; or (c) if Tenant or an agent of Tenant shall falsify any report required to be furnished to Landlord, any charter school authorizing agency, accrediting agency, or other governmental body; or (d) if Tenant shall become bankrupt or insolvent, or file any debtor proceedings or take or have taken against Tenant in any court pursuant to any statute either of the United States or of any State a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, ; or (e) if Tenant makes an assignment for the benefit of creditors, or petitions for or enters into such an arrangement, ; or (f) if Tenant shall abandon said Leased Premise, or the insolvency of Tenant or the admission of Tenant of its inability to pay its debt as they mature or Tenant is dispossessed from the Leased Premise due to attachment, levy, imposition of a federal or state tax lien or other legal proceedings which cause Tenant to remain out of possession for five (5) or more consecutive days; Premises or suffer this Lease to be taken under any writ of execution, then then, Landlord besides beside other rights or remedies it may have under this Leaseat law or in equity, applicable law, or otherwise shall have the immediate right of re-entry and may remove all persons and property except for FFE obtained pursuant to Section 3.05 from the Leased Premise Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all with without service of notice. Each notice or resort to legal process and without being deemed guilty of the foregoing occurrences shall trespass, or becoming liable for any loss or damage which may be considered a default under the Lease (sometimes “Default”)occasioned thereby.

Right to Re-enter. In the event The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) any failure of Tenant to pay any rental rent or other amount due hereunder for more than within ten (10) days after written notice of such default shall have been given to Tenant, or failure; (b) any failure by Tenant to perform or observe any other of the terms, provisions, conditions or and covenants of this Lease to be observed or performed by Tenant for more than thirty (30) days after written notice of such default shall have been given to failure, excepting such defaults that cannot be cured completely within such thirty (30) day period providing Tenant, within said thirty (30) day period, has promptly commenced to proceed with diligence and in good faith to remedy such default; or if (c) the bankruptcy or insolvency of Tenant shall become bankrupt or insolvent, the filing by or file any debtor proceedings or take or have taken against Tenant in any court pursuant to any statute either of the United States or of any State a petition in bankruptcy or insolvency or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, or if Tenant makes an Tenant’s assignment for the benefit of creditors, or petitions for or enters into such arrangement, or if Tenant shall abandon said Leased Premise, or . In the insolvency of Tenant or the admission of Tenant of its inability to pay its debt as they mature or Tenant is dispossessed from the Leased Premise due to attachment, levy, imposition event of a federal or state tax lien or other legal proceedings default which cause is not cured by Tenant within the applicable cure period, Landlord, in addition to remain out of possession for five (5) or more consecutive days; or suffer this Lease to be taken under any writ of execution, then Landlord besides all other rights or remedies it may have, shall have under the right thereupon or at any time thereafter to terminate this Lease, applicable law, or otherwise and shall have immediate right of the right, after any such termination, to re-entry enter and may take possession of the Premises, remove all persons and property from the Leased Premise and Premises, store such property may be removed and stored in a public warehouse or elsewhere at the cost ofTenant’s expense, and for sell such property if necessary to satisfy any deficiency in payments by Tenant as required hereunder, all without being deemed guilty of trespass or constructive eviction. In the account event that Tenant fails to pay any rent or other amount due hereunder within ten (10) days after written notice of such failure from Landlord more than three (3) times in any consecutive twelve (12) month period, then, commencing with the fourth (4th) such non-payment by Tenant, all with service of notice. Each Tenant shall pay Landlord a late charge equal to five percent (5%) of the foregoing occurrences shall be considered a default under the Lease (sometimes “Default”)delinquent amount.

Right to Re-enter. In the event of any failure of Tenant to pay any rental due hereunder for more than within ten (10) days after written notice of such default the same shall have been given to Tenantbe due, or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty (30) days (or such earlier time as may be specified herein) after written notice of such default shall have been given mailed to Tenant, or if Tenant shall become bankrupt or insolvent, insolvent or file any debtor proceedings proceedings, or take or have taken against Tenant in any court pursuant to any statute either of the United States or of any State a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s 's property, or if Tenant makes an assignment for the benefit of creditors, creditors or petitions for or enters into such an arrangement, or if Tenant shall abandon said Leased PremisePremises, or the insolvency of Tenant or the admission of Tenant of its inability to pay its debt as they mature or Tenant is dispossessed from the Leased Premise due to attachment, levy, imposition of a federal or state tax lien or other legal proceedings which cause Tenant to remain out of possession for five (5) or more consecutive days; or suffer this Lease lease to be taken under any writ of execution, then Landlord Landlord, besides and in addition to other rights or remedies it may have under this Leasehave, applicable law, or otherwise shall have the immediate right of to re-entry and may remove all persons and property from the Leased Premise Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all with without service of notice. Each notice or resort to legal process and without being deemed guilty of the foregoing occurrences shall trespass or becoming liable for any loss or damage which may be considered a default under the Lease (sometimes “Default”)occasioned thereby.

Right to Re-enter. In the event of any failure of the Tenant to pay any rental due hereunder for more than within ten (10) days after written notice of such default the same shall have been given to Tenantbe due, or any failure to perform any other of the terms, conditions or covenants of this Lease lease to be observed or performed by the Tenant for more than thirty (30) days after written notice of such default shall have been given to Tenant, or if the Tenant or any Guarantor of this lease shall become bankrupt or insolvent, insolvent or file any debtor proceedings proposal under the Bankruptcy Act or take similar legislation, or have taken against Tenant in any court pursuant to any statute either of the United States or of any State if a petition in bankruptcy or insolvency or Receiver is appointed for reorganization or for the appointment of a receiver or trustee of all or a portion of the Tenant’s 's or Guarantor's property, or if the Tenant makes an assignment for the benefit of creditors, or petitions for or enters into such arrangementa sale in bulk, or if the Tenant shall abandon said Leased Premise, or commence to take steps whereby the insolvency of Landlord may reasonably assume the Tenant or the admission of Tenant of its inability intends to pay its debt as they mature or Tenant is dispossessed from abandon the Leased Premise due to attachmentPremises, levy, imposition of a federal or state tax lien or other legal proceedings which cause Tenant to remain out of possession for five (5) or more consecutive days; or suffer this Lease lease or any of it's assets to be taken under any writ Writ of executionExecution, or if re-entry is permitted under any other terms of this lease, then Landlord the Landlord, besides any other rights or remedies it may have under this Leasehave, applicable law, or otherwise shall have the immediate right of re-entry and may remove all persons and property from the Leased Premise Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, of and for the account of the Tenant, all with without service of notice. Each notice or resort to legal process and without being deemed guilty of the foregoing occurrences shall trespass, or becoming liable for any loss or damage which may be considered a default under the Lease (sometimes “Default”)occasioned thereby.

Right to Re-enter. In the event of any failure of Tenant to pay any rental due hereunder for more than ten within five (105) days after written notice of such default the same shall have been given to Tenantbe due, or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty (30) days after written notice of such other default shall have been given to Tenant, (or in the event such other default cannot reasonably be cured within thirty (30) days and Tenant commences to cure and diligently pursue a course of action to so cure and continue towards completion then for a reasonable period of time not to exceed 90 days) or if Tenant or an agent of Tenant shall substantially falsify any report required to be furnished to Landlord pursuant to the terms of this Lease, or if Tenant or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or take or have taken against Tenant or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any State state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s or any such guarantor’s property, or if Tenant or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into such an arrangement, or if Tenant tenant shall abandon said Leased Premisepremises or any part thereof, or vacate all or any pail of the insolvency leased premises, or fail to operate its business in the leased premises (except during any time when the leased premises may be untenantable by reason of Tenant or the admission of Tenant of its inability to pay its debt as they mature or Tenant is dispossessed from the Leased Premise due to attachment, levy, imposition of a federal or state tax lien fire or other legal proceedings which cause Tenant to remain out of possession for five (5) or more consecutive days; casualty), or suffer this Lease to be taken under any writ of execution, then Landlord Landlord, besides other rights or remedies it may have under (including the continuing right to immediately terminate this Lease), applicable law, or otherwise shall have the immediate right of re-entry and may remove all persons and property from the Leased Premise leased premises in accordance with applicable law and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all with after the written notice specified herein, if any, and then without further service of notice. Each notice or resort to legal process and without being deemed guilty of the foregoing occurrences shall trespass, or becoming liable for any loss or damage which may be considered a default under the Lease (sometimes “Default”)occasioned thereby.

Right to Re-enter. (a) In the event of (1) any failure of Tenant to pay any rental rent or other charges due hereunder for more than ten (10) days after written notice of such default shall have been given to Tenantwhen due, or (2) if Tenant shall fail to move into the premises and to commence the conduct of its business on the date specified in Section 1.2 hereof, or fail to perform any obligation hereunder prior to such commencement date, or fail to continuously operate its business pursuant to Section 7.2 for the purpose specified in Section 7.1 hereof, or fail to operate under the name specified in Section 16.1 hereof, or if Tenant shall abandon said premises, or permit this Lease to be taken under any writ of execution, or if there shall be any default by Tenant (or by any person or entity which, directly or indirectly, controls, is controlled by, or is under common control with Tenant) under any other lease with Landlord (or with any person or entity which is affiliated with Landlord or which, directly or indirectly, controls, is controlled by, or is under common control with Landlord, or which is managed by the managing agent utilized by Landlord for the Development) which shall not be remedied within the applicable grace period, if any, provided therefor under such other lease, or if there shall be any default by Tenant or any entity affiliated with Tenant with respect to any financing instrument or arrangement, if any, relating to any items used in, or the operation of business upon, the leased premises, or (3) any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty (30) days after written notice of such default shall have been given mailed to Tenant; then Landlord, or if Tenant shall become bankrupt or insolvent, or file any debtor proceedings or take or have taken against Tenant in any court pursuant to any statute either of the United States or of any State a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, or if Tenant makes an assignment for the benefit of creditors, or petitions for or enters into such arrangement, or if Tenant shall abandon said Leased Premise, or the insolvency of Tenant or the admission of Tenant of its inability to pay its debt as they mature or Tenant is dispossessed from the Leased Premise due to attachment, levy, imposition of a federal or state tax lien or other legal proceedings which cause Tenant to remain out of possession for five (5) or more consecutive days; or suffer this Lease to be taken under any writ of execution, then Landlord besides other rights or remedies it may have under this Leasehave, applicable law, or otherwise shall have immediate the right to declare this Lease terminated and the term ended (in which event, this Lease and the term hereof shall expire, cease and terminate with the same force and effect as though the date set forth in any required notice were the date originally set forth herein and fixed for the expiration of the term and Tenant shall vacate and surrender the premises but shall remain liable for all obligations arising during the balance of the original stated term as hereafter provided as if this Lease had remained in full force and effect) and Landlord shall have the right to bring a special proceeding to recover possession from Tenant holding over and/or Landlord may, in any of such events, without notice, re-entry and may remove all persons and property from enter the Leased Premise and such property may be removed and stored in a public warehouse leased premises either by force or elsewhere at the cost ofotherwise, and for dispossess, by summary proceedings or otherwise, Tenant and the account legal representative of TenantTenant or other occupant of the leased premises and remove their effects and hold the premises as if this Lease had not been made, all with and Tenant hereby waives the service of notice. Each notice of the foregoing occurrences shall be considered a default under the Lease (sometimes “Default”)intention to re-enter or to institute legal proceedings to that end.

Right to Re-enter. In If and whenever all or part of the event Minimum Rent or any other amounts payable by the Tenant under this Lease are not paid on the day appointed for payment, whether demand for payment has been made or not, or if the Tenant shall fail to comply with any of any failure of the covenants hereunder after the Landlord has given notice to the Tenant in writing stating the default with reasonably sufficient particulars and requiring it to pay any rental due hereunder for more than ten be remedied and such default has not been remedied by the Tenant within fourteen (1014) days after written notice receipt of such default shall have been given to Tenantnotice, or any failure to perform any other such longer period as may be reasonably necessary in view of the termsnature of the default, conditions or covenants if the Tenant shall falsify any report required to be furnished to the Landlord pursuant to the terms of this Lease to be observed or performed by Tenant for more than thirty (30) days after written notice of such default shall have been given to Tenant, or if the Tenant shall become bankrupt or insolvent, insolvent or file any debtor proceedings proposal, or take or have taken against Tenant in any court pursuant to any statute either of the United States or of any State if a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee Receiver is appointed of all or a portion of the Tenant’s property, or if the Tenant makes an assignment for the benefit of creditors, or petitions for or enters into such arrangementa sale in bulk, or if the Tenant shall abandon said Leased Premisethe Premises, or the insolvency of Tenant or the admission of Tenant of its inability to pay its debt as they mature or Tenant is dispossessed from the Leased Premise due to attachment, levy, imposition of a federal or state tax lien or other legal proceedings which cause Tenant to remain out of possession for five (5) or more consecutive days; or suffer this Lease or any of its assets to be taken under any writ of executionexecution or like process, or if the Tenant creates a security interest in the personal property of the Tenant in the Premises in favour of a third party or if any notice is filed under section 49 of the Personal Property Security Act in respect of the Premises or if re-entry is permitted under any other terms of this Lease, then Landlord besides the Landlord, in addition to any other rights or remedies it may have under this Leasehave, applicable law, or otherwise shall have the immediate right of re-entry and may remove all persons and property from the Leased Premise Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of the Tenant or be sold by he Landlord (and at the sole option of the Landlord, by way of private sale to the Landlord or any third party) all without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby and to have again, repossess and enjoy the Premises as of its former estate whether the Landlord terminates this Lease or not, and notwithstanding the retaking of possession of the Premises by the Landlord, the Landlord specifically reserves all remedies and rights of action herein or at law or in equity provided. The Landlord or its duly authorized agent shall be entitled to distrain for the Rent hereby reserved including accelerated rent, if any, or for any money hereby made recoverable by distress upon the goods and chattels of the Tenant, all with service wheresoever situate, and upon any premises to which the same may have been removed or wherever the same may be found. The Tenant hereby waives and renounces the benefit of notice. Each any present or future legislation taking away or limiting the Landlord’s right of the foregoing occurrences shall be considered a default under the Lease (sometimes “Default”)distress.

Right to Re-enter. (a) In the event of (1) any failure of Tenant to pay any rental rent or other charges due hereunder within five (5) business days following notice from Landlord that the same is past due, or (2) if Tenant shall fail to move into the premises and to commence the conduct of its business on the date specified in Section 1.02 hereof (provided that if Tenant shall have paid all rent, and shall also have paid the liquidated damages amounts payable under Section 1.03 of this Lease as a result of Tenant's failure to initially open for more than ten business in the leased premises on the commencement date of the term of this Lease, then such failure to commence operations shall not be a default permitting Landlord to exercise the rights under this Article XIX until the expiration of ninety (1090) days after written notice following the commencement date of such default the term of this Lease), or fail to continuously operate its business pursuant to Section 7.02 for the purpose specified in Section 7.01 hereof, or fail to operate under the name specified in Section 16.01 hereof, or if Tenant shall have been given abandon said premises, or permit this Lease to be taken under any writ of execution, or if Tenant shall wrongfully offset against rents any amounts purported to be due by Landlord to Tenant, or if there shall be any default by Tenant (or by any person or entity which, directly or indirectly, controls, is controlled by, or is under common control with Tenant) under any other lease with Landlord (or with any person or entity which is affiliated with Landlord or which, directly or indirectly, controls, is controlled by, or is under common control with Landlord, or which is managed by the managing agent utilized by Landlord for the Shopping Center) which shall not be remedied within the applicable grace period, if any, provided therefor under such other lease, or if there shall be any default by Tenant or any entity affiliated with Tenant with respect to any financing instrument or arrangement, if any, relating to any items used in, or the operation of business upon, the leased premises, or (3) any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty (30) days after written notice of such default shall have been given received or refused by Tenant (provided, however, such period shall be extended for an additional, reasonable period if Tenant has diligently commenced the curing of such default and is diligently pursuing the same to completion, but in no event shall either the thirty (30) day period or any extension thereof apply to Tenant, or if Tenant shall become bankrupt or insolvent, or file any debtor proceedings or take or have taken against Tenant in any court 's covenant to operate pursuant to any statute either Section 7.02 of this Lease, unless the United States same is excused pursuant to Section 17.01 or Article XVIII of any State a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s propertythis Lease); then Landlord, or if Tenant makes an assignment for the benefit of creditors, or petitions for or enters into such arrangement, or if Tenant shall abandon said Leased Premise, or the insolvency of Tenant or the admission of Tenant of its inability to pay its debt as they mature or Tenant is dispossessed from the Leased Premise due to attachment, levy, imposition of a federal or state tax lien or other legal proceedings which cause Tenant to remain out of possession for five (5) or more consecutive days; or suffer this Lease to be taken under any writ of execution, then Landlord besides other rights or remedies it may have under this Leasehave, applicable law, or otherwise shall have immediate the right to declare this Lease terminated and the term ended (in which event, this Lease and the term hereof shall expire, cease and terminate with the same force and effect as though the date set forth in any required notice were the date originally set forth herein and fixed for the expiration of the term and Tenant shall vacate and surrender the premises but shall remain liable for all obligations arising during the balance of the original stated term as hereafter provided as if this Lease had remained in full force and effect) and Landlord shall have the right to bring a special proceeding to recover possession from Tenant holding over and/or Landlord may, in any of such events, without notice, re-enter the leased premises either by force or otherwise, and dispossess, by summary proceedings or otherwise, Tenant and the legal representative of Tenant or other occupant of the leased premises and remove their effects and hold the premises as if this Lease had not been made, and Tenant hereby waives the service of notice of intention to re-enter or to institute legal proceedings to that end. Notwithstanding the foregoing, if Tenant has closed its business for repairs or alterations, and landlord believes that such closure violates the continuous operation provisions of Section 7.02, then Landlord shall not have the right to terminate this Lease or exercise its re-entry rights unless Landlord shall first provide at least twenty-four (24) hours written notice to Tenant of such violation and may remove all persons and property from the Leased Premise and opportunity for Tenant to cure during such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all with service of notice. Each of the foregoing occurrences shall be considered a default under the Lease (sometimes “Default”)24-hour period."

Right to Re-enter. In the event of any failure of Tenant to pay any rental due hereunder for more than ten within five (105) days after written notice of such default the same shall have been given to Tenantbe due, or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant or Guarantor for more than thirty (30) days after written notice of such default shall have been given mailed to Tenant, or if Tenant or Guarantor shall become bankrupt or insolvent, or file any debtor proceedings proceedings, or take or have taken against Tenant or Guarantor in any court Court pursuant to any statute either of the United States or of any State State, a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s 's or Guarantor's property, or if Tenant or Guarantor makes an assignment for the benefit of creditors, or petitions for or enters into such an arrangement, or if Tenant or Guarantor shall abandon said Leased Premisepremises, or the insolvency of Tenant or the admission of Tenant of its inability to pay its debt as they mature or Tenant is dispossessed from the Leased Premise due to attachment, levy, imposition of a federal or state tax lien or other legal proceedings which cause Tenant to remain out of possession for five (5) or more consecutive days; or suffer this Lease to be taken under any writ of execution, then Landlord Landlord, besides other rights or and remedies it may have under this Lease, applicable law, or otherwise have. shall have immediate the right of re-entry reentry provided by Florida law which provides for notice to Tenant and a judicial hearing. After notice and a final judgment, Landlord may remove all persons and property from the Leased Premise leased premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, and all with service without liability to Landlord for any loss or damage which may be occasioned thereby. Should Landlord elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease make such alterations and repairs as may be necessary in order to relet the premises, and relet said premises or any part thereof for such term or terms (which may be for a term extending beyond the term of noticethis Lease) and at such rental or rentals and upon such other term and condition as Landlord in its sole discretion may deem advisable; upon each such reletting all rentals received by Landlord from such reletting shall be applied, first, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any costs and expenses of such retelling, including brokerage fees and attorney's fees and of cost of such alterations and repairs; third, to the payment of rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. Each If such rentals received from such retailing during any month be lose than that to be paid during that month by Tenant hereunder Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. If such rentals received from such retelling during any month be more then that to be paid during that month by Tenant hereunder, then such excess shall not benefit Tenant by reducing the amount of any of Tenant's obligations due Landlord. Any amounts obtained by reletting shall ho for the sole benefit of Landlord. No such re-entry or taking possession of said premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should Landlord at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such breach, including the cost of recovering the leased premises, reasonable attorney's fees, and including the worth at the time of such termination of the foregoing occurrences excess, if any, of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of the stated term over the amount, if any, actually received by Landlord from the reletting of the leased premises, all of which amount shall be considered a default immediately due and payable from Tenant to Landlord. In determining the rent which would be payable by Tenant hereunder, subsequent to default, the annual rent for each year at the unexpired term shall be equal to the average annual minimum rent paid by Tenant from the commencement of the term to the time of default, or during the proceeding three full calendar years, whichever period is shorter. Whether or not forfeiture has been declared, Landlord will not be obligated or responsible, in any way, for failure to release the Premises or, in the event that the Premises are released, for failure to collect the rent under such releasing. The failure of Landlord to re-lease all or any part of the Lease (sometimes “Default”)Premises will not release or affect Tenant's liability for rent or damages.

Right to Re-enter. In the event The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) any failure of Tenant to pay any rental rent or other amount within ten (10) days after written notice that the same is past due hereunder hereunder; (b) any failure by Tenant to perform or observe any other of the terms, provisions, conditions and covenants of this Lease for more than ten (10) days after written notice of such default shall have been given failure or such additional time as is reasonably required provided Tenant promptly commences to Tenantcure and diligently pursues the same to completion; (c) a determination by Landlord that Tenant has submitted any intentionally and willfully false report required to be furnished hereunder; (d) anything done by Tenant upon or in connection with the Premises or the construction of any part thereof which directly or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any failure to perform part of the Center or any other of tenant's space; (e) if Tenant abandons or vacates or does not do business in the terms, conditions or covenants of Premises when required to do so under this Lease to be observed or performed by Tenant for more than thirty ten (3010) consecutive business days, or (f) this Lease or Tenant's interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; or (g) the Premises come into the hands of any person other than expressly permitted under this Lease. In any such event, and with ten (10) days after written notice of such default shall have been given grace period, Landlord, in addition to Tenant, or if Tenant shall become bankrupt or insolvent, or file any debtor proceedings or take or have taken against Tenant in any court pursuant to any statute either of the United States or of any State a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, or if Tenant makes an assignment for the benefit of creditors, or petitions for or enters into such arrangement, or if Tenant shall abandon said Leased Premise, or the insolvency of Tenant or the admission of Tenant of its inability to pay its debt as they mature or Tenant is dispossessed from the Leased Premise due to attachment, levy, imposition of a federal or state tax lien or other legal proceedings which cause Tenant to remain out of possession for five (5) or more consecutive days; or suffer this Lease to be taken under any writ of execution, then Landlord besides other rights or remedies it may have, shall have under the right thereupon or at any time thereafter to terminate this Lease, applicable law, or otherwise and shall have immediate right of the right, either before or after any such termination, to re-entry enter and may take possession of the Premises, remove all persons and property from the Leased Premise and Premises, store such property may be removed and stored in a public warehouse or elsewhere at the cost ofTenant's expense, and for the account of Tenantsell such property if necessary to satisfy any deficiency in payments by Tenant as required hereunder, all with service of notice. Each of notice but without process if tenant has vacated the foregoing occurrences shall be considered a default under the Lease (sometimes “Default”)premises.

Right to Re-enter. (a) In the event of (1) any failure of Tenant to pay any rental rent or other charges due hereunder for more than ten (10) days after written notice of such default shall have been given to Tenantwh~~ due, or (2) if Tenant shall fail to move into the premises and to commence the conduct ~of its business on the date specified in Section 1.02 hereof, or fail to~any obligation hereunder prior to such commencement date, or fail to continuously operate its business pursuant to Section 7.02 for the purpose specified in Section 7.01 hereof, or fail to operate under the name specified in Section 16.01 hereof, or if Tenant shall abandon said premises, or permit this Lease to be taken under any writ of execution, or if there shall be any default by Tenant (or by any person or entity which, directly or indirectly, controls, is controlled by, or is under common control with Tenant) under any other lease with Landlord (or with any person or entity which is affiliated with Landlord or which, directly or indirectly, controls, is controlled by, or is under common control with Landlord, or wnich is managed by the managing agent utilized by Landlord for the Shopping Center) which shall not be remedied within the applicable grace period, if any, provided therefor under such other lease, [DELETED](3) any failure to perform any other of the terms, conditions or covenants covenar's of this Lease to be observed or performed by Tenant for more than thirty (30) days after written notice of such default shall have been given to Tenant~ to~ then Landlord, or if Tenant shall become bankrupt or insolvent, or file any debtor proceedings or take or have taken against Tenant in any court pursuant to any statute either of the United States or of any State a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, or if Tenant makes an assignment for the benefit of creditors, or petitions for or enters into such arrangement, or if Tenant shall abandon said Leased Premise, or the insolvency of Tenant or the admission of Tenant of its inability to pay its debt as they mature or Tenant is dispossessed from the Leased Premise due to attachment, levy, imposition of a federal or state tax lien or other legal proceedings which cause Tenant to remain out of possession for five (5) or more consecutive days; or suffer this Lease to be taken under any writ of execution, then Landlord besides other rights or remedies it may have under this Leasehave, applicable law, or otherwise shall have immediate the right to declare this Lease terminated and the term ended (in which event, this Lease and the term hereof shall expire, cease and terminate with the same force and effect as though the date set forth in any required notice were the date originally set forth herein and fixed for the expiration of the term and Tenant shall vacate and surrender the premises but shall remain liable for all obligations arising during the balance of the original stated term as hereafter provided as if this Lease had remained in full force and effect) and Landlord shall have the right to bring a special proceeding to recover possession from Tenant holding over and/or Landlord may, in any of such events, without notice, re-entry and may remove all persons and property from enter the Leased Premise and such property may be removed and stored in a public warehouse leased premises either by force or elsewhere at the cost ofotherwise, and for dispossess, by summary proceedings or otherwise, Tenant and the account legal representative of TenantTenant or other occupant of the leased premises and remove their effects and hold the premises as if this Lease had not been made, all with and Tenant hereby waives the service of notice. Each notice of the foregoing occurrences shall be considered a default under the Lease (sometimes “Default”)intention to re-enter or to institute legal proceedings to that end.

Right to Re-enter. In  Tenant shall be deemed in default hereunder in the event of any failure of Tenant to pay any rental rent when due hereunder for more than ten (10) days after written notice of such hereunder. In the event Tenant shall be in default shall have been given to Tenant, or any failure Tenant fails to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty (30) days after written notice of such default shall have been given to Tenantsent by Landlord, or if Tenant or an agent of Tenant shall falsify any report required to be furnished to Landlord pursuant to the terms of this Lease, or if Tenant or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or take or have taken against Tenant or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any State a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s property's or any such guarantor's properly, or if Tenant or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into such an arrangement, or if Tenant shall abandon said Leased Premisepremises, or the insolvency of Tenant or the admission of Tenant of its inability to pay its debt as they mature or Tenant is dispossessed from the Leased Premise due to attachment, levy, imposition of a federal or state tax lien or other legal proceedings which cause Tenant to remain out of possession for five (5) or more consecutive days; or suffer this Lease to be taken under any writ of execution, then the Landlord besides other rights or remedies it may have under this Leasehave, applicable lawhereunder or by law or in equity, or otherwise shall have the immediate right of re-entry and may remove all persons and property from the Leased Premise Premises and such property may may, at Landlord's option, either be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, or may be disposed of by Landlord as it, in its sole discretion, deems fit, all with without service of noticenotice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. Each of the foregoing occurrences shall be considered a default under the Lease (sometimes “Default”).

Right to Re-enter. In If the event of any failure of Tenant fails to pay any rental due hereunder for more than ten Rent that is in arrears within fifteen (1015) days after written notice of such default shall have been given to Tenantafter, or keep any failure to perform any other one or more of the other terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty (30) days after written notice of such default shall have been given to the Tenant, or if the Tenant shall become bankrupt or insolvent, an agent of the Tenant falsifies a report or file any debtor proceedings or take or have taken against Tenant in any court statement required to be furnished to the Landlord pursuant to any statute either of the United States or of any State a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s propertythis Lease, or if Tenant makes an assignment for the benefit re-entry is permitted under other terms of creditors, or petitions for or enters into such arrangement, or if Tenant shall abandon said Leased Premise, or the insolvency of Tenant or the admission of Tenant of its inability to pay its debt as they mature or Tenant is dispossessed from the Leased Premise due to attachment, levy, imposition of a federal or state tax lien or other legal proceedings which cause Tenant to remain out of possession for five (5) or more consecutive days; or suffer this Lease to be taken under any writ of execution, then Landlord besides other rights or remedies it may have under this Lease, applicable lawthe Landlord in addition to any other right or remedy it may have, or otherwise shall will have immediate the right of immediate re-entry and may remove all persons and property from the Leased Premise Premises, and such the property may be removed and stored in a public warehouse or elsewhere at the cost of, of and for the account of the Tenant, all with without service of noticenotice or resort to legal process and without the Landlord being considered liable for trespass or becoming liable for loss or damage occasioned thereby, PROVIDED THAT the Landlord shall give the Tenant 15 days notice in writing before taking any action allowed herein for deficiencies or breaches set out in this lease other than the non-payment or arrears of rent. Each Provided that if the default or deficiency is one which cannot reasonably be rectified within 15 days of the foregoing occurrences Tenant’s receipt of notice of such default or deficiency, then the Tenant shall be considered a deemed not to be in default under if the Lease (sometimes “Default”)Tenant commences rectification of the default or deficiency forthwith upon receipt of notice of such default or deficiency, attends continuously to rectify and does rectify the default or deficiency, even though such rectification may take longer than 15 days after such notice of default is received by the Tenant.

Right to Re-enter. In If and whenever all or part of the event Minimum Rent or any other amounts payable by the Tenant under this Lease are not paid on the day appointed for payment, whether demand for payment has been made or not, or if the Tenant shall fail to comply with any of any failure of the covenants hereunder after the Landlord has given notice to the Tenant in writing stating the default with reasonably sufficient particulars and requiring it to pay any rental due hereunder for more than be remedied and such default has not been remedied by the Tenant within ten (10) days after written notice receipt of such default shall have been given to Tenantnotice, or any failure to perform any other such longer period as may be reasonably necessary in view of the termsnature of the default, conditions or covenants if the Tenant shall falsify any report required to be furnished to the Landlord pursuant to the terms of this Lease to be observed or performed by Tenant for more than thirty (30) days after written notice of such default shall have been given to Tenant, or if the Tenant or any Guarantor of this Lease shall become bankrupt or insolvent, insolvent or file any debtor proceedings proposal, or take or have taken against Tenant in any court pursuant to any statute either of the United States or of any State if a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee Receiver is appointed of all or a portion of the Tenant’s 's property or any such Guarantor's property, or if the Tenant makes an assignment for the benefit of creditors, or petitions for or enters into such arrangementa sale in bulk, or if the Tenant shall abandon said Leased Premisethe Premises, or without the insolvency of Tenant or the admission of Tenant giving written notice of its inability intention to pay its debt as they mature or Tenant is dispossessed from reoccupy the Leased Premise due to attachmentPremises within 90 days, levy, imposition of a federal or state tax lien or other legal proceedings which cause Tenant to remain out of possession for five (5) or more consecutive days; or suffer this Lease or any of its assets to be taken under any writ of executionexecution or like process, or if any notice is filed under section 49 of the Personal Property Security Act in respect of the Premises, or if re-entry is permitted under any other terms of this Lease, then Landlord besides the Landlord, in addition to any other rights or remedies it may have under this Leasehave, applicable law, or otherwise shall have the immediate right of re-entry and may remove all persons and property from the Leased Premise Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of the Tenant or be sold by the Landlord (and at the sole option of the Landlord, by way of private sale to the Landlord or any third party) all without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby and to have again, repossess and enjoy the Premises as of its former estate whether the Landlord terminates this Lease or not, and notwithstanding the retaking of possession of the Premises by the Landlord, the Landlord specifically reserves all remedies and rights of action herein or at law or in equity provided. The Landlord or its duly authorized agent shall be entitled to distrain for the Rent hereby reserved including accelerated rent, if any, or for Dominion/Investors/Trillium Lease Xxxx & Company any money hereby made recoverable by distress upon the goods and chattels of the Tenant, all with service wheresoever situate, and upon any premises to which the same may have been removed or wherever the same may be found. The Tenant hereby waives and renounces the benefit of notice. Each any present or future legislation taking away or limiting the Landlord's right of the foregoing occurrences shall be considered a default under the Lease (sometimes “Default”)distress.