Common use of Default by Landlord Clause in Contracts

Default by Landlord. Upon the breach by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated herein.

Default by Landlord. Upon The occurrence of one or more of the breach following events shall constitute an event of default by Landlord under this Agreement (“Landlord Event of Default”): (a) The failure of Landlord to timely perform and satisfy any of the terms material duties and conditions obligations of Landlord under this Agreement; provided, however, Landlord shall not be deemed to be in default of this Lease, Tenant may terminate this Lease, provided that Agreement if: (i) all Rent in the event the default is a monetary default and other charges due and payable to Landlord have been paid by cures such monetary default within ten (10) business days after receipt of written notice from the Tenant to Landlordof such monetary default; and or (ii) Tenant shall make written request for performance or in the event the default is a non-monetary default and Landlord commences the cure of any such obligation or non-monetary default as soon as reasonably practicable following written notice thereof from the Tenant and allow Landlord a period of fourteen completes such cure within thirty (1430) calendar days after receipt of such notice to commence to cure the breach. If performance or cure of the written notice; provided, however if such non-monetary default has cannot been commenced or completed after reasonably be cured within such reasonable notice thirty (30) calendar day period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for deemed to be in default of this Agreement if Landlord commences to cure such non-monetary default within such thirty (30) calendar day period, and thereafter diligently pursues the same to completion; and (b) The commission of any damage caused therebyact of gross negligence, nor willful misconduct, fraud, or intentional misrepresentation, or any executive-level employee of Landlord, in connection with the performance by Landlord of its duties and obligations under this Agreement. Upon the occurrence of a Landlord Event of Default, Landlord and Tenant acknowledge and agree that such Landlord Event of Default shall this constitute a Default by Landlord under the Lease be void. and Tenant shall not be liable for have all of the rights and remedies afforded to Tenant upon the occurrence of a Default by Landlord under the Lease, as well as any rent until possession is delivered. No failure of Landlord other rights and remedies afforded to enforce any term hereof shall be deemed a waiverTenant at law or in equity, nor shall acceptance of partial payment be deemed a waiver of Landlord’s including, without limitation, the right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinseek specific performance.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of shall not be in default under this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance not be entitled to exercise any right, remedy or cure recourse against Landlord or otherwise as a consequence of any such obligation or alleged default by Landlord under this Lease unless Landlord fails to perform any of its obligations hereunder and allow Landlord said failure continues for a period of fourteen thirty (1430) days after receipt Tenant gives Landlord and (provided that Tenant shall have been given the name and address of such Landlord’s Mortgagee) Landlord’s Mortgagee written notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such thereof specifying, with reasonable notice periodparticularity, providing the nature of Landlord’s failure. If, however, the default and failure cannot reasonably be cured within the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice thirty (30) day period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable in default hereunder if Landlord or Landlord’s Mortgagee commences to cure the failure within the thirty (30) days and thereafter pursues the curing of the same diligently to completion. If Tenant recovers a money judgment against Landlord for any damage caused therebyLandlord’s default of its obligations hereunder or otherwise, nor the judgment shall this Lease be void. Tenant limited to Tenant’s actual, direct, but no consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Premises as the same may then be encumbered, and Landlord shall not otherwise be liable for any rent until possession is delivereddeficiency. No failure of Landlord The foregoing shall not limit any right that Tenant might have to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver obtain specific performance of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinobligations hereunder.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (ia) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to Landlord and to any mortgagee, trustee or ground lessor of the Project (each a “Holder”) provided that the name and address has been furnished to Tenant in accordance with Paragraph 25.14, specifying that Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord’s obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion (“Landlord Default”). (b) In the event of a Landlord Default, Tenant, at its option, without further notice or demand, shall have the right to any damage caused therebyone or more of the following remedies in addition to all other rights and remedies provided at law or in equity or elsewhere herein: (1) to pursue the remedy of specific performance; and (2) to seek money damages for loss arising from Landlord’s failure to discharge its obligations under the Lease. (c) Nothing in Paragraph 18.5(b) shall relieve Landlord from its obligations hereunder, nor shall this Lease Paragraph 18.5(b) be voidconstrued to obligate Tenant to perform Landlord’s repair obligations. Notwithstanding the foregoing, in the event of an emergency, Tenant may give Landlord such shorter notice as is practicable under the circumstances, and if Landlord fails to make such repairs immediately, Tenant may immediately undertake such repairs and Landlord shall not be liable reimburse Tenant for its actual costs within thirty (30) days from receipt of invoices for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinsuch repair.

Default by Landlord. Upon the breach If Landlord shall fail to perform any covenant or obligation required to be performed by Landlord of under the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (i) all Rent Lease and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant such failure shall make written request continue for performance or cure of any such obligation or default and allow Landlord a period of fourteen thirty (1430) days after receipt by Landlord of written notice thereof from Tenant or if Landlord shall fail to pay any sums due to Tenant under this Lease on the date the same shall become due and payable hereunder, and such failure shall continue for a period of thirty (30) days after receipt by Landlord of written notice thereof from Tenant [unless such failure is of such notice to commence to cure the breach. If performance or cure of the default has a nature that it cannot been commenced or completed after such reasonable notice be cured within said thirty (30) day period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, in which event Landlord shall not be liable for in default hereunder if it shall have commenced to cure said default within said thirty (30) day period and diligently prosecute said cure to completion], then Tenant may, as its sole remedy under this Lease, cure any damage caused therebycovenant or obligation which Landlord has failed to perform, nor and any sums expended by Tenant in curing such failure shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of paid by Landlord to enforce any term hereof Tenant immediately upon demand, and shall be deemed a waiver, nor shall acceptance bear interest at the Interest Rate from the date of partial payment be deemed a waiver of Landlord’s right demand; or (b) bring suit to recover from Landlord all sums due Tenant from Landlord together with interest at the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinInterest Rate.

Default by Landlord. Upon If Landlord fails to comply with any obligation of Landlord contained in the breach Lease and such failure continues uncured for a period of thirty (30) days following written notice thereof from Tenant to Landlord, or such longer period as may be reasonable under the circumstances so long as Landlord commences to cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completion (a “Landlord Default”), then Tenant shall have the right to pursue any and all remedies permitted at law (exclusive of consequential, punitive, or special damages) or in equity, including, without limitation, specific performance of Landlord’s obligations under this Lease; provided, however, that unless the default by Landlord of renders the terms and conditions of this LeaseLeased Premises unusable for the purposes leased hereunder, Tenant may not seek to terminate this Lease, provided that (i) all Rent and other charges due and payable . Notwithstanding anything to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate contrary in this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereofLease, Landlord shall not be liable have any personal liability for any damage caused thereby, nor shall of its obligations as landlord under this Lease be voidexcept to the extent of its interest in the Project (which interest includes, without limitation, the proceeds of insurance and condemnation). Tenant shall will not be liable for any rent until possession is delivered. No failure of Landlord to institute, seek or enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver personal or deficiency judgment against Landlord or any of Landlord’s officers, directors, shareholders or partners or their property, except the Project, which shall be available to satisfy any such judgment. If Tenant receives a final, nonappealable judgment for damages against Landlord as a result of an uncured default by Landlord under this Lease, which is not satisfied within thirty (30) days after it becomes final and nonappealable, then Tenant will have the right to deduct the full unpaid amount thereof. This of such judgment (plus interest) against the Base Rent and Tenant’s Share of Operating Costs to become due under this Lease superseded any other lease on the premises during the term stated hereinuntil fully credited.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No The failure of Landlord to enforce observe and perform ------------------- any term hereof provision of this Lease to be observed and performed by Landlord, where such failure continues for thirty (30) days after notice by Tenant to Landlord (provided, however, that if the cure of such failure requires, despite the use of diligent efforts, a period in excess of thirty (30) days, then such thirty (30) day period shall be deemed extended for so long as Landlord pursues the cure thereof with reasonable diligence) shall constitute a waiverdefault under this Lease by Landlord. Upon the occurrence of a default by Landlord, nor Tenant may pursue any remedy provided under this Lease or by law, subject to any provisions of this Lease limiting Tenant's remedies (including, without limitation, the provisions of Section 15.1). Without limiting the remedies otherwise conferred upon Tenant, ------------ if Landlord fails to perform a repair which it is obligated to perform under this Lease and such failure continues for fifteen (15) days after notice by Tenant to Landlord (provided, however, that if the cure of such failure requires, despite the use of diligent efforts, a period in excess of fifteen (15) days, then such fifteen (15) day period shall acceptance be extended for so long as Landlord pursues the cure thereof with reasonable diligence), then Tenant shall have the right (but not the obligation) to perform such repair on Landlord's behalf and any reasonable amount which Tenant spends in performing such repair shall be repaid by Landlord within thirty (30) days after delivery to Landlord of partial a copy of the invoice for such repair together with proof of payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated herein.

Default by Landlord. Upon In the breach event of any default by Landlord, Tenant's exclusive remedy shall be an action for damages (Tenant hereby waiving the benefit of any Laws granting it a lien upon the property of Landlord and/or upon Rent due Landlord, or any right of the terms and conditions of this Leasesetoff, Tenant may or a right to terminate this Lease), provided that (i) all Rent and other charges due and payable but prior to Landlord have been paid by Tenant to Landlord; and (ii) any such action Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving give Landlord written notice of Tenant’s election to do sospecifying such default with particularity, and Landlord shall thereupon refund Tenant’s Security Deposithave a reasonable period, but in no event less proper chargesthan 30 days, together with in which to commence to cure any unearned portion of such default. Unless and until Landlord fails to so commence to cure any Rent pre-paid by Tenant. If owner is unable default after such notice or having so commenced thereafter fails to deliver possession of the premises at the commencement of hereofexercise reasonable diligence to complete such cure, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for have any rent until possession is deliveredremedy or cause of action by reason thereof. No failure All obligations of Landlord to enforce any term hereof hereunder shall be deemed a waiverconstrued as covenants, nor shall acceptance not conditions; and all such obligations will be binding upon Landlord only during the period of partial payment be deemed a waiver its holding of Landlord’s right legal title to the full amount thereofPremises and not thereafter. This Lease superseded Notwithstanding any provision to the contrary herein, if Landlord becomes obligated to pay Tenant a money judgment arising out of any failure by Landlord to perform or observe any of the terms, covenants, conditions or provisions to be performed or observed by Landlord hereunder, such money judgment shall be subject and subordinate to the Loan Documents and Tenant shall be limited for the satisfaction of said money judgment solely to Landlord's interest in the Premises or any proceeds arising from the sale thereof and no other lease on property or assets of Landlord or its individual directors, officers or shareholders shall be subject to levy, execution or other enforcement procedure whatsoever for the premises during the term stated hereinsatisfaction of said money judgment.

Default by Landlord. Upon the breach by If Landlord of the terms and conditions fails to comply with any term, provision, covenant, or condition of this Lease, and such failure remains unremedied for thirty (30) days following written notice thereof from Tenant to Landlord, Tenant may terminate this Leasepursue all remedies at law or in equity to which Tenant may be entitled. Additionally, provided that if Landlord fails to pay any amount payable by Landlord to Tenant hereunder and such failure to pay continues and remains unremedied for a period of thirty (i30) all Rent and other charges due and payable to Landlord have been paid days after written notice thereof given by Tenant to Landlord and/or its mortgagee then, Tenant may deliver a second notice to Landlord; , and if such default shall continue uncured by Landlord and/or its mortgagee for an additional fifteen (ii15) days after the delivery of such second notice, Tenant shall make written request have the right to offset such amount against Rent. No notice to Landlord under this Section 7.2.7 shall be effective until a copy thereof is delivered to each Landlord mortgagee for performance which Tenant has received a notice address in writing from Landlord or its mortgagee. The rights of Tenant pursuant to this Section 7.2.7 shall be subject to the express provisions of Section 3.1.6 of this Lease providing for remedies different from, or in exclusion of, the remedies above-described. Tenant specifically agrees that the cure of any such obligation or default and allow by any Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof mortgagee shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereincure by Landlord under this Lease.

Default by Landlord. Upon the breach by (a) It shall be an event of default under this Lease if Landlord of the terms and conditions of fails to perform any material term or condition under this Lease, Tenant may terminate this Lease, provided that Lease within thirty (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (1430) days after receipt of written notice from Tenant specifying the failure, provided, however, that if such notice failure is of such a nature that Landlord cannot reasonably remedy the same within such thirty (30) day period, no such failure will be deemed to commence exist if Landlord commences to cure the breachdefault within such thirty (30) day period and thereafter prosecutes the same to completion with reasonable diligence (but in no event later than sixty (60) days from the date the notice is received form Tenant unless otherwise agreed upon in writing). If performance or cure In the event that Tenant terminates this Lease because of Landlord’s default hereunder, Tenant’s obligation to pay any further Rent and other obligations hereunder (other than those expressly survive termination) shall cease as of the default has not been commenced or completed after such reasonable notice period, providing the nature date of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of default to Landlord, and Tenant shall have the right to pursue any and all remedies available to it at law and/or equity. (b) Landlord agrees to reimburse Tenant for all actual and reasonable costs associated with the enforcement of Tenant’s election rights under this Lease, or any and all provisions therein, including but not limited to do soall legal and court costs. Without limiting any of Tenant’s rights and remedies hereunder, and in addition to all other amounts Landlord is otherwise obligated to pay, it is expressly agreed that Tenant shall thereupon refund Tenant’s Security Depositbe entitled to recover from Landlord all actual and reasonable costs and expenses, less proper chargesincluding reasonable attorneys’ fees, together with any unearned portion of any Rent pre-paid incurred by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall Tenant in enforcing this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of from and after Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereindefault.

Default by Landlord. Upon If Landlord fails to perform any of its obligations under this Lease and does not cure such failure within 30 days after written notice (or such longer period as is reasonably required as provided in the breach by Landlord of the terms and conditions of this Leasefollowing sentence), Tenant may terminate but shall not be obligated to perform any obligation of Landlord under this Lease; and, if Tenant so elects, all reasonable costs and expenses actually paid by Tenant in performing such obligation, together with interest at the Default Rate, shall be reimbursed by Landlord to Tenant on demand, accompanied by a Form W-9, original notarized lien waivers from all contractors for the work, copies of all contracts for the work, and copies of all payments for the work made by Tenant. In the event that Landlord fails to reimburse such reasonable costs and expenses within thirty (30) days following Tenant’s written demand and receipt of such documentation, Tenant shall be entitled to receive an abatement of Rent in the amount of such costs and expenses. If the default is of a nature that cannot reasonably be cured within 30 days, the Landlord shall have such time as is reasonably necessary to cure the default provided that Landlord commenced its efforts to cure within the initial thirty (30) day period and continues to diligently pursue such cure thereafter (but in no event shall such time exceed 180 days). Any and all remedies set forth in this Lease: (i) shall be in addition to any and all Rent and other charges due and payable to Landlord remedies Tenant may have been paid by Tenant to Landlord; and at law or in equity, (ii) shall be cumulative, and (iii) may be pursued successively or concurrently as Tenant shall make written request for performance or cure may elect. The exercise of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease remedy by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure deemed an election of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded remedies or preclude Tenant from exercising any other lease on remedies in the premises during the term stated hereinfuture.

Default by Landlord. Upon the breach by If Landlord fails to perform any of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that its obligations hereunder within thirty (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (1430) days after receipt of written notice from Tenant specifying such notice failure, Tenant’s exclusive remedy shall be an action for damages. Unless and until Landlord fails to commence to so cure the breach. If performance or cure of the any default has not been commenced or completed after such reasonable notice periodnotice, providing Tenant shall not have any remedy or cause of action by reason thereof. All obligations of Landlord hereunder will be construed as covenants, not conditions; and all such obligations will be binding upon Landlord only during the nature period of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver its possession of the premises at Premises and not thereafter. The term “Landlord” shall mean only the commencement owner, for the time being of the Premises, and in the event of the transfer by such owner of its interest in the Premises, and an assumption in writing by the transferee of the Premises, such owner shall thereupon be released and discharged from all covenants and obligations of the Landlord thereafter accruing, but such covenants and obligations shall be binding during the Lease term upon each new owner for the duration of such owner’s ownership. Notwithstanding any other provision hereof, Landlord shall not be liable for have any damage caused thereby, nor shall this Lease be voidpersonal liability hereunder. Tenant shall not be liable for In the event of any rent until possession is delivered. No failure of breach or default by Landlord to enforce in any term hereof shall be deemed a waiveror provision of this Lease, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right T▇▇▇▇▇ agrees to look solely to the full amount thereof. This Lease superseded equity or interest then owned by Landlord in the Premises or of the building of which the Premises are a part; however, in no event, shall any other lease on the premises during the term stated hereindeficiency judgment or any money judgment of any kind be sought or obtained against any Landlord.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No The failure of Landlord to enforce perform or observe any term hereof of the terms, covenants or conditions contained in this Lease on Landlord’s part to be performed or observed shall constitute a default by Landlord under this Lease only if such neglect or failure shall continue for a period of thirty (30) days (plus, to the extent such failure is not capable of cure within thirty (30) days, such additional reasonable period of time, as is reasonably necessary to effect such cure; provided Landlord commences cure efforts within such thirty (30) day period and diligently pursues such cure to completion) after Landlord receives written notice from Tenant specifying the default. The notice shall give in reasonable detail the nature and extent of the failure and shall identify the Lease provision(s) containing the obligation(s). If Landlord shall default in the performance of any of its obligations under this Lease (after notice and opportunity to cure as provided herein), Tenant shall have the right at its sole and exclusive remedy to pursue an action for damages with respect to a default by Landlord. In no event shall (a) Tenant have the right to terminate this Lease as a result of a breach or default by Landlord hereunder, or (b) Landlord be liable for, and in no event shall Tenant have the right to deduct from or set off against any payments due to Landlord, any punitive damages, lost profits, business interruption, speculative, consequential or other such damages except as may be specifically provided elsewhere in this Lease. Landlord’s liability hereunder shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinfurther limited as expressly set forth in this Lease.

Default by Landlord. Upon the breach by Landlord Landlord's failure to perform any of the terms and conditions terms, covenants, conditions, agreements, or provisions of this LeaseLease required to be done by Landlord, Tenant may terminate this Lease, provided that within thirty (i30) all Rent and other charges due and payable to Landlord have been paid days after written notice by Tenant to Landlord; and Landlord of said failure shall be deemed a default by Landlord (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing except that when the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during Landlord's obligation is such reasonable notice periodthat more than thirty (30) days are reasonably required for its performance, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be deemed in default if it commences performance within the thirty (30) day period and thereafter diligently pursues the cure to completion). In no event shall Tenant have the right to terminate this Lease as a result of Landlord's default unless Tenant is unable to operate its business in the Premises for a period of thirty (30) consecutive days as a result of Landlord's default. In no event shall Landlord be liable for any damage caused therebyconsequential damages, nor shall this Lease Tenant be voidentitled to deduct any sums from Rents. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof Tenant's remedies shall be deemed limited to: (i) an action at law for costs incurred by Tenant to correct a waiverLandlord default, nor (ii) an injunction or restraining order to stop or prevent Landlord from violating Tenant's rights under this Lease, or (iii) an action at law to terminate this Lease. Nothing herein contained shall acceptance be interpreted to mean that Landlord excuses Tenant from the payment of partial payment be deemed Rent due hereunder as a waiver result of any default by Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated herein.

Default by Landlord. Upon the breach If any representation made by Landlord herein shall be false, or if Landlord shall breach any warranty or fail to perform any covenant that Landlord is required to perform and such breach or failure shall continue for a period of the terms thirty (30) days after Landlord receives notice thereof from Tenant or if Landlord shall fail to pay any sums due to Tenant or any taxing authority hereunder, and conditions such failure shall continue for a period of this Leaseten (10) days after Landlord receives notice thereof from Tenant (collectively, “Landlord Event of Default”) then Tenant may terminate this Leasemay, provided that (i) exercise all Rent available legal and other charges due equitable rights and payable to Landlord have been paid by Tenant to Landlord; and remedies, or (ii) Tenant shall make written request for performance or cure any Landlord Event of Default and perform any such obligation or default and allow covenants which Landlord a period of fourteen (14) days after receipt of such notice has failed to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do soperform, and Landlord shall thereupon refund Tenantpay to Tenant within two weeks after receipt of demand all reasonable sums which Tenant expends in curing such default and performing such covenants and if such sums are not timely paid Tenant may bring suit to recover from Landlord all sums due Tenant from Landlord. Notwithstanding the foregoing, any nonmonetary default cannot with due diligence be cured prior to the expiration of thirty (30) days from the date of Landlord’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession receipt of the premises at notice provided for above, and if Landlord commences within thirty (30) days after the commencement date to eliminate the cause of hereofsuch default and proceeds diligently and with reasonable dispatch to take all steps and do all work in order to cure such default, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. then Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s have the right to the full amount thereof. This declare this Lease superseded any other lease on the premises during the term stated hereinterminated by reason of such default.

Default by Landlord. Upon the breach by Landlord shall be in default under this Lease if Landlord fails or refuses to perform any of the terms and conditions of Landlord's obligations under this Lease, Tenant may terminate this Lease, provided that Lease within thirty (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (1430) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid given by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereofdefault cannot reasonably be cured within said thirty (30) day period, Landlord shall not be liable for any damage caused thereby, nor shall in default of this Lease if Landlord commences to cure the default within said thirty (30) day period and diligently and in good faith continues to pursue the same to completion. Should the Premises be void. subject to the lien of any trust deed, mortgage, judgment, assessment, tax or other obligation, whether incurred before or after the execution of this Lease, which Tenant is not bound under this Lease to pay or discharge, or should Landlord fail to pay or discharge any obligation which Landlord is obligated under this Lease to pay or discharge, Tenant shall have the right, but not be liable the obligation, at any time to pay or discharge any such obligations. Should Tenant elect to pay or discharge any such obligation, Landlord shall, upon demand, reimburse Tenant for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This , together with Tenant's expenses incurred in connection therewith, including reasonable attorney's fees and interest from the date of payment at the maximum rate allowable by law, and Tenant shall have the right to deduct from Rent thereafter payable under this Lease superseded or from the purchase price of any other lease on sale of the premises during the term stated hereinPremises made by Landlord to Tenant all amounts due from Landlord under this section until such amounts have been paid in full.

Default by Landlord. Upon the breach by Landlord shall not be in default unless Landlord fails to perform obligations required of the terms and conditions of this LeaseLandlord within a reasonable time, Tenant may terminate this Lease, provided that but in no event later than thirty (i30) all Rent and other charges due and payable to Landlord have been paid days after written notice by Tenant to Landlord; Landlord and (ii) Tenant shall make written request for performance or cure to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Tenant in writing as provided in Section 15.6, specifying wherein Landlord has failed to perform such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice periodobligation; provided, providing however, that if the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during Landlord’s obligation is such reasonable notice periodthat more than thirty (30) days are required for performance, then Tenant may terminate Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. Anything in this Lease by giving Landlord written notice to the contrary notwithstanding, providing such cause is not due to the willful act or gross negligence of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereofLandlord, Landlord shall not be liable deemed in default with respect to the performance of any of the terms, covenants and conditions of this Lease if same shall be due to any strike, lockout, civil commotion, war-like operation, invasion, rebellion, hostilities, military or usurped power, sabotage, governmental regulations or controls, inability to obtain any material, service or financing, rain or muddy conditions, through act of God or other cause beyond the control of Landmark National Bank Initials [ILLEGIBLE] Office Lease [ILLEGIBLE] 30182-00001 / 1798316.8 [Word] 1/7/03 Landlord, as provided in Section 18.21. In addition, in no event shall Landlord be responsible for any damage caused thereby, nor shall this Lease be void. consequential damages incurred by Tenant shall not be liable for as a result of any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of default by Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated herein.

Default by Landlord. Upon the breach by Landlord shall be in default of the terms and conditions its obligations under this Lease if Landlord shall fail to observe or perform any term, covenant or condition of this LeaseLease on its part to be performed and such failure shall continue for a period of sixty (60) days after written notice thereof from Tenant, unless such failure cannot with reasonable diligence be cured within a period of sixty (60) days, in which case such failure shall not be deemed to continue if Landlord, within said sixty (60) day period, proceeds promptly and with reasonable diligence to cure the failure and diligently completes the curing thereof (the “Landlord Cure Period”). The time within which Landlord shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. In the event Landlord fails to cure any such default within the period provided, Tenant may seek such remedies available to Tenant hereunder or at law or in equity; provided, however, that Tenant shall have no right to terminate the Lease unless and until (i) such default, if left uncured, would render the Premises Unsuitable for its Permitted Use in Tenant’s commercially reasonable opinion, (ii) Tenant has provided Landlord with a second written notice of default relating to matters which were set forth in a prior written notice and which were not cured during the aforementioned Landlord Cure Period, which second notice shall clearly and unequivocally state that, if such matters are not cured in a second Landlord Cure Period, Tenant may terminate this the Lease, provided that and (iiii) all Rent and other charges Landlord’s failure shall then continue for a second Landlord Cure Period. Any sums owed Tenant by Landlord hereunder shall bear interest at the Overdue Rate from the date due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure until the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereindate paid.

Default by Landlord. Upon the breach by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or be considered in default and allow Landlord a period to have breached this Agreement if it fails to perform any of fourteen its obligations hereunder and such default is not cured within 30 (14thirty) days after receipt of such written notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice periodfrom Lessee; provided, providing however, that if the nature of the Landlord's default and the availability of materials, labor and utilities or other resources permit Landlord to commence is such that more than 30 (thirty) days are reasonably required for its cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be deemed to be in default if has taken actions to cure within such 30 (thirty) day period and thereafter diligently prosecute such cure to completion. If Landlord's default is not cured as set forth in this Clause, Lessee without prejudice of any other rights under this Agreement or the applicable laws, may rescind this Agreement without need of any judicial declaration to that effect, or may undertake the necessary actions to cure Landlord's default. In this last case, Landlord shall be liable for to reimburse any damage caused therebyexpenses incurred by Lessee, nor shall this Lease be voidincluding reasonable administrative and attorney's fees. Tenant Lessee may deduct such amounts from any of the monthly Rent payable hereunder. At Landlord's request Lessee must deliver copies of the invoices or expense receipts which evidence the amounts spent by Lessee. Waiver by Lessee to any of its rights or remedies hereunder shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed considered as a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on rights or remedies set forth in this Agreement. Lessee acknowledges and agrees that in no case Landlord's liability under this Clause shall exceed the premises during total amount of Rent for the term stated hereinset forth in Clause Second hereof.

Default by Landlord. Upon If Landlord fails to observe or perform any term or condition required to be observed or performed by it under this Lease which failure materially, adversely affects Tenant’s use and occupancy of or access to the breach by Premises, and Landlord does not cure such failure within thirty (30) days (or within a reasonable time thereafter if necessary under the circumstances so long as Landlord is diligent in its prosecution of the terms cure of such failure) after receipt of written notice from Tenant specifying such failure and conditions requesting that it be remedied, then, subject to the provisions of this Section 49 of the Lease, Tenant may shall be entitled, at its election, to exercise concurrently or successively, any one or more of the rights available in law or in equity under the laws of the United States or the State of Florida. Notwithstanding the foregoing to the contrary and except as set forth below, Tenant shall have no right, and hereby expressly waives any right to, perform any work on behalf of Landlord or otherwise exercise “self help” and any right to deduct or withhold any amounts from any rentals due hereunder. Tenant acknowledges and agrees that all of its covenants and obligations, contained herein are independent of Landlord’s covenants and obligations contained herein. Tenant shall neither be relieved from the performance of its covenants and obligations (including, without limitation, the obligation to pay Rent) nor entitled to terminate this Lease, provided that (i) all Rent and other charges due and payable to a breach or default by Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation of its obligations or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice periodcovenants, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right unless expressly permitted to the full amount thereof. This Lease superseded any other lease on contrary by the premises during the term stated hereinterms of this Lease.

Default by Landlord. Upon Landlord shall not be in default hereunder unless: (a) Landlord shall fail to pay when due any amount required pursuant to this Lease and the breach by continuation of such failure for five (5) Business Days following Tenant’s written notice thereof to Landlord; or (b) Landlord of the terms and conditions shall fail to comply with any term, provision or covenant of this Lease, and the failure is not cured within thirty (30) days after written notice to Landlord; provided, however, that no default shall occur if the failure is not susceptible to cure within thirty (30) days so long as Landlord promptly commences the cure within such thirty (30) day period and diligently and continuously pursues it to completion as soon as reasonably possible. If Landlord has not completed, or caused to be completed, the construction of the Tenant may terminate Work by within thirty (30) full calendar months after the Work Date due to Landlord Delay (as such term is to be defined in Exhibit B, along with the term Tenant Delay), then such failure shall not be a default by Landlord under the terms of this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) however, Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice thereafter have the right to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may immediately terminate this Lease by giving Landlord delivery of written notice of Tenant’s election to do soLandlord at any time prior to the Substantial Completion Date and if Tenant exercises this right, and then Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with promptly return all sums Tenant has paid to Landlord pursuant to the terms of Exhibit B to the extent not otherwise previously reimbursed to Tenant by Landlord or any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereincontractors or construction managers.

Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to Landlord and any mortgagee whose name and address has been provided to Tenant in writing ("Mortgagee"); provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such 30-day period and thereafter diligently prosecutes the same to completion. Any mortgagee may also cure such default within the above time period. If Landlord fails to cure any such default within the allotted time, Tenant may, with reasonable written notice, undertake cure of such default itself and Landlord shall pay the reasonable cost thereof on demand. Provided, however, if Landlord fails to provide power at the minimum amperage required by this Lease by the date set forth in Exhibit C, Section I, Landlord will be in default immediately without notice from Tenant and without the passage of any time period. Upon the breach failure to provide the minimum amperage required by Landlord of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable Lease by written notice to Landlord have been paid by within a five (5) day period following the date power was to be supplied. Failure of Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice shall be a waiver of Tenant’s election to do sosuch right, and Landlord shall thereupon refund Tenant’s Security Depositthe right to terminate this Lease, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable subject to deliver possession of the premises at the commencement of hereof, Landlord power requirement shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinvalid.

Default by Landlord. Upon In the event of breach of this Lease by Landlord, Tenant shall, before exercising any remedy available to it, give Landlord written notice of the terms and conditions of this Lease, Tenant may terminate this Lease, provided that claimed breach. For thirty (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (1430) days after receipt of following such notice to commence Landlord shall have the right to cure the breach, or, if such breach cannot be cured within that time, such additional time as may be necessary if within such 30-day period Landlord has commenced and is diligently pursing the remedies necessary to cure such breach not to exceed ninety (90) days. If performance such breach remains uncured, a Landlord default shall be deemed to have occurred and Tenant may, at its option and (unless other remedies are specified elsewhere in this Lease) have as its sole remedies any one or cure more of the default has not been commenced following described remedies: (a) pursue an injunction to enjoin the breach; (b) pursue specific performance of Landlord’s obligations under this Lease; or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord (c) seek money damages for loss arising from Landlord’s failure to commence cure of the default during such reasonable notice period, then discharge its obligations under this Lease. Tenant may shall have no right to terminate this Lease upon a default by giving Landlord written notice of Tenantexcept pursuant to an express right to terminate set forth in this Lease. Landlord’s election to do somembers, managers, officers, directors, shareholders, affiliates, heirs, personal representatives, successors or assigns (collectively, “Related Parties”) shall have no personal liability whatsoever for any deficiency, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver no other assets of Landlord’s right Related Parties shall be subject to the full amount thereof. This Lease superseded any levy, execution or other lease on the premises during the term stated hereinenforcement procedures as a result of such judgment.

Default by Landlord. Upon the breach Landlord’s failure to perform or observe any of its obligations under this Lease shall constitute a default by Landlord under this Lease only if such failure shall continue for a period of thirty (30) days (or the additional time, if any, which is reasonably necessary to promptly and diligently cure the failure) after Landlord receives written notice from Tenant specifying the default. The notice shall give in reasonable detail the nature and extent of the terms failure and conditions shall identify the Lease provision(s) containing the obligation(s). If Landlord shall default in the performance of any of its obligations under this Lease (after notice and opportunity to cure as provided herein), Tenant may pursue any remedies available to it under the law and this Lease, except that in no event shall Landlord be liable for punitive damages, lost profits, business interruption, speculative, consequential or other such damages. Without limiting the foregoing, Tenant may terminate this Leasemay, provided that (i) all Rent at Tenant’s option, cure such breach or failure for Landlord’s account and other charges due and payable to Landlord have been any reasonable amount paid or incurred by Tenant to in so doing shall be deemed paid or incurred for Landlord; ’s account, and Landlord shall reimburse Tenant therefor within thirty (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (1430) days after receipt of copies of paid invoices detailing the work performed by Tenant; provided, however, Tenant may cure any such notice breach or failure as aforesaid prior to commence to cure the breach. If performance or cure expiration of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default thirty (30) day cure period if an Emergency exists and the availability immediate curing of materialssuch breach or failure is necessary to protect the Premises, labor and utilities property located therein, or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinpersons from imminent injury or damage.

Default by Landlord. Upon Landlord shall not be in default hereunder unless Landlord fails to perform any of its obligations hereunder within thirty (30) days after written notice from Tenant specifying such failure (unless such performance will, due to the breach by Landlord nature of the terms and conditions obligation, require a period of time in excess of thirty (30) days, then after such period of time as is reasonably necessary). All obligations of Landlord hereunder shall be construed as covenants, not conditions; and, except as may be otherwise expressly provided in this Lease, Tenant may terminate this Lease, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver breach of Landlord’s right obligations hereunder. All obligations of Landlord under this Lease will be binding upon Landlord only during the period of its ownership of the Premises and not thereafter. The term “Landlord” in this Lease shall mean only the owner, for the time being of the Project, and in the event of the transfer by such owner of its interest in the Project, such owner shall thereupon be released and discharged from all obligations of Landlord thereafter accruing, but such obligations shall be binding during the Lease Term upon each new owner for the duration of such owner’s ownership. Any liability of Landlord under this Lease shall be limited solely to its interest in the full amount thereof. This Project, and in no event shall any personal liability be asserted against Landlord in connection with this Lease superseded nor shall any recourse be had to any other lease on the premises during the term stated hereinproperty or assets of Landlord.

Default by Landlord. Upon the breach by Landlord shall not be in default unless Landlord fails to perform obligations required of the terms and conditions of this LeaseLandlord within a reasonable time, Tenant may terminate this Lease, provided that but in no event later than thirty (i30) all Rent and other charges due and payable to Landlord have been paid days after written notice by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice periodprovided, providing however, that if the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during Landlord's obligation is such reasonable notice period, that more than thirty (30) days are required for performance then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable in default if Landlord commences performance within such 30-day period and thereafter diligently prosecutes the same to completion. If Landlord fails to cure any such default within the allotted time, Tenant, at its option, with or without further notice or demand of any kind to Landlord or any other person, shall have the right to any one or more of the following described remedies in addition to all other rights and remedies provided at law or in equity or elsewhere herein: (i) to remedy such default or breach and deduct the costs thereof (including but not limited to attorneys fees) from the installments of Rent next falling due; (ii) to pursue the remedy of specific performance; (iii) to seek money damages for loss arising from Landlord's failure to discharge its obligations under this Lease; and (iv) to terminate this Lease. Nothing herein contained shall relieve Landlord from its duty to effect the repair, replacement, correction or maintenance required to restore the affected services or utilities, or to perform of any damage caused therebyother obligations to the standard prescribed in this Lease, nor shall this Lease Section be voidconstrued to obligate Tenant to undertake any such work. Notwithstanding the foregoing 30-day grace period, Tenant shall not be liable for may cure any rent until possession is delivered. No default without notice where the failure promptly to cure such default would, in the reasonable opinion of Landlord Tenant, create or allow to enforce any term hereof shall be deemed a waiver, nor shall acceptance persist an emergency condition or materially and adversely affect the operation of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease Tenant's business on the premises during the term stated hereinPremises.

Default by Landlord. Upon Subject to the breach provisions of Section 21.2, failure by Landlord to perform any of its obligations under this Lease shall constitute a default by Landlord if the terms and conditions of this Lease, Tenant may terminate this Lease, provided that failure is not cured within fifteen (i15) all Rent and other charges due and payable to Landlord have days after written notice thereof has been paid given by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice periodprovided, providing however, that if the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord Landlord's obligation is such that more than fifteen (15) days are required to commence cure of the default during such reasonable notice periodcure, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be in default if Landlord commences performance within such fifteen (15) day period and thereafter diligently prosecutes the same to completion. Notices given under this Section 24 shall specify the alleged default and the applicable Lease provisions, and shall demand that Landlord perform the provisions of this Lease within the 49 57 applicable period of time. If Landlord shall fail to cure a default of any covenant of this Lease to be performed by it and, as a consequence of such uncured default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied solely out of the proceeds of sale received upon execution of such judgment against the right, title and interest of Landlord in the building and its underlying realty and out of the rents, or other income from said property receivable by Landlord, or out of the consideration received by Landlord's right, title and interest in said property, but neither Landlord nor any partner or joint venture of Landlord shall be personally liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereindeficiency.

Default by Landlord. Upon In the breach by event that Landlord shall fail to perform any of its obligations under this Lease and shall fail to cure such default within 10 days after Tenant shall have given written notice of such default, and within ten (10) days of Tenant giving further notice of its intent to exercise the terms remedies provided in this Section 24.02, to Landlord and conditions to any mortgagees of this Lease, Tenant may terminate this Lease, Landlord (provided that (iLandlord shall have informed Tenant of such mortgagee's name and address) all Rent and other charges due and payable or, with respect to a default that cannot reasonably be cured within 10 days, if Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice mortgagee fails to commence to cure such default within such period and to diligently pursue such cure to completion, then a Landlord default ("Landlord Default") shall be deemed to have occurred, and Tenant shall have the breachfollowing rights. If performance or Tenant shall have the right to cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and after effecting such cure the availability of materialsreasonable cost thereof shall be reimbursed to Tenant by Landlord within 15 days after receiving Tenant's invoices, labor and utilities failing which Tenant, in addition to all remedies available at law or other resources permit Landlord in equity to commence cure of collect such costs, may withhold the default during such reasonable notice periodamount thereof from Additional Rent (but not Annual Rent). In addition to the foregoing, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable entitled to all remedies available at law and in equity for a Landlord Default. For purposes of this Section 24.02, any rent until possession is delivered. No failure cure by a mortgagee of Landlord to enforce any term hereof shall be deemed to be a waiver, nor cure by Landlord. Any improper exercise of Tenant's right hereunder to withhold all or any portion of the Additional Rent shall acceptance constitute a default of partial payment be deemed a waiver Tenant as of Landlord’s right to the full amount thereof. This Lease superseded any other lease on date of the premises during the term stated hereinimproper withholding.

Default by Landlord. Upon the breach If Landlord fails to perform any agreement by Landlord to be performed hereunder within a reasonable time after written notice from Tenant requesting performance of the terms same, and conditions said failure continues for ten (10) days after a second written notice from Tenant, notifying Landlord of this Lease, Tenant may Tenant's intent to terminate this Lease, provided that as a result of said failure, Tenant may treat this Lease as terminated and may vacate the leased Premises. All rent shall be prorated as of a date ten (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (1410) days after receipt of such the date on which said second notice was given. Tenant shall have no right to commence abate or to cure the breachoffset against rents not ▇▇▇▇▇ssly provided for herein. If performance or cure of the default has not been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be personally liable for any damage caused therebynon-performance or default by Landlord hereunder, nor shall this Lease be void. Tenant shall not be liable for and any rent until possession is delivered. No failure obligation of Landlord to enforce pay money or other consideration to Tenant of any term hereof kind shall be deemed a waiversatisfied solely from Landlord's estate and interest in the Leased premises and the Building, nor or the proceeds thereof, and Tenant covenants and agrees that it will look solely to said estate and interest for the satisfaction of any right or remedy which it may have for the collection of money or other consideration from Landlord, by judicial process or otherwise, and that no other property of Landlord or of its principals, disclosed or undisclosed, shall acceptance be subject to levy, execution, judgment or other enforcement procedures for the satisfaction of partial payment be deemed a waiver of Landlord’s right Tenant's claims hereunder or with respect hereto or to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinLeased Premises.

Default by Landlord. Upon Landlord shall not be deemed to be in default in the breach performance of any obligation required by Landlord of the terms and conditions of it under this Lease, Tenant may terminate this Leaseor under any agreement executed in connection herewith, provided that (i) all Rent unless and other charges due and payable until it has failed to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any perform such obligation or default and allow Landlord a period of fourteen within thirty (1430) days after receipt of written notice by Tenant to Landlord, specifying wherein Landlord has failed to perform such notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice periodobligation; provided, providing however, that if the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during Landlord’s obligation is such reasonable notice periodthat more than thirty (30) days are required for its performance, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion. Nothing in this Article 19 shall be interpreted to mean that Tenant shall have the right to terminate this Lease be voidor that Tenant is excused from paying any Rent due hereunder. Notwithstanding the foregoing, in the event Landlord fails to comply with the terms of Article 7 of this Lease after thirty (30) days’ notice from Tenant, then Tenant shall not be liable for any rent until possession is delivered. No failure of have the right, after delivering a second notice to Landlord to enforce any term hereof shall be deemed a waiverand Landlord’s failure, nor shall acceptance of partial payment be deemed a waiver within five (5) days of Landlord’s receipt of the second notice, to commence to perform any such maintenance or repair items for which Landlord is expressly obligated to perform in the Premises, and to prosecute such maintenance or repair to completion. In such event, Landlord shall reimburse Tenant, within ten (10) business days of a ▇▇▇▇ therefor, for the actual out of pocket costs incurred by Tenant in performing any such maintenance or repair. If, in connection with the foregoing, Landlord fails to timely reimburse Tenant, Tenant shall have the right to deduct and offset such amounts owed by Landlord against the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinRent due under this Lease.

Default by Landlord. Upon In the breach by event of any alleged default on the part of Landlord hereunder, Tenant shall give written notice to Landlord in the manner herein set forth and shall afford Landlord a reasonable opportunity to cure any such default. Notice to Landlord of any such alleged default shall be ineffective unless notice is simultaneously delivered to any holder of a Mortgage and/or Trust Deed affecting all or any portion of the terms Building Complex (“Mortgagees”), as hereafter provided. Tenant agrees to give all Mortgagees, by certified mail, return receipt requested, a copy of any notice of default served upon Landlord, provided that prior to such notice Tenant has been notified, in writing, (by way of notice of Assignment of Rents and conditions Leases, or otherwise), of the address of such Mortgagees. Tenant M e r agrees that if Landlord shall have failed to cure such default with the time provided for in this Lease, Tenant may terminate this Lease, provided that then the Mortgagees shall have an additional thirty (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (1430) days after receipt of such notice to commence within which to cure the breach. If performance or cure of the such default has or, if such default cannot been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice periodbe cured within that time, then Tenant such additional time as may terminate be necessary, if within such tlurty (30) days, any Mortgagee has commenced and is diligently pursuing the remedies necessary to cure such default (including, but not limited to, commencement of foreclosure proceedings, if necessary to effect such cure), in which event this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable terminated while such remedies are being so diligently pursued. In no event will Landlord or any Mortgagee be responsible for any damage caused therebyconsequential damages incurred by Tenant as a result of any default, nor shall this Lease be void. Tenant shall including, but not be liable for limited to, lost profits or interruption of business as a result of any rent until possession is delivered. No failure of alleged default by Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereinhereunder.

Default by Landlord. Upon the breach by Landlord of the terms and conditions shall be in default of this LeaseLease if it fails or refuses to perform any provision of this Lease it is obligated to perform, Tenant may terminate this Lease, provided that if such failure or refusal is not cured within thirty (i30) all Rent and other charges due and payable to Landlord have been paid day after written notice thereof is given by Tenant to Landlord ("Landlord's Default"); and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence to cure the breach. If performance or cure of provided, however, that if the default has cannot been commenced or completed after such reasonable notice period, providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereofreasonably be cured within thirty (30) days, Landlord shall not be liable for any damage caused thereby, nor shall in default of this Lease be voidif Landlord commences to cure the default within the thirty (30) day period and diligently continues to cure the default to completion. If Landlord fails to perform any of its obligations under this Lease and such failure is not cured after notice to Landlord and the expiration of the applicable grace period, Tenant may perform Landlord's obligations and Landlord shall not be liable upon demand by Tenant reimburse Tenant for any rent all sums paid and costs and expenses incurred by Tenant in performing Landlord's obligations. Landlord shall also pay Tenant interest on said sums paid by Tenant at the Default Rate from the date the sum is paid by Tenant until possession Tenant is deliveredreimbursed. No failure of Landlord to enforce any term hereof In no event shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s the Tenant have the right to setoff the full amount thereof. This Lease superseded any amounts payable by Landlord hereunder against or deduct the same from the Base Rent, additional rent, or other lease on the premises during the term stated hereinsums payable by Tenant under this Lease.

Default by Landlord. Upon If Landlord defaults in the breach by Landlord performance or observance of the terms and conditions any of its covenants or obligations set forth in this Lease, Tenant may terminate this Leaseshall give Landlord notice specifying in what manner Landlord has defaulted. If the default shall not be cured by Landlord thirty (30) days after the delivery of such notice, except that if the default cannot be cured within said thirty (30)-day period, said period shall be extended for a reasonable additional period of time, provided that (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (14) days after receipt of such notice to commence commences to cure the breachdefault within the initial 30 day period and proceeds diligently thereafter to effect such cure, Tenant may declare an event of default. If performance Landlord has not commenced the subject repairs within five (5) days thereafter, or cure if an emergency arises, Tenant may, at its option, undertake to perform such repairs. Landlord agrees to reimburse Tenant up to Ten Thousand Dollars ($10,000.00) for the reasonable cost thereof promptly upon the receipt from Tenant of a detailed ▇▇▇▇ or statement for such costs. If the cost of the default has not been commenced or completed after such reasonable notice periodrepairs undertaken by Tenant pursuant to this Section 17.4 exceeds Ten Thousand Dollars ($10,000.00), providing the nature of the default and the availability of materials, labor and utilities or other resources permit Landlord to commence cure of the default during such reasonable notice period, then Tenant may terminate this Lease by giving Landlord written notice not deduct the excess cost thereof from rent, but shall be entitled to collect the same from Landlord, provided it is ultimately agreed and/or determined in a court of Tenantlaw that the work was required, was Landlord’s election to do soobligation, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of that the premises at the commencement of hereof, Landlord shall not be liable for any damage caused thereby, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver of Landlord’s right to the full amount thereof. This Lease superseded any other lease on the premises during the term stated hereincost thereof was appropriate.

Default by Landlord. Upon the breach by A. If Landlord shall fail or neglect to perform or observe any of the terms and terms, covenants or conditions of this Lease, Tenant may terminate this Lease, provided that Lease on its part to be performed or observed within thirty (i) all Rent and other charges due and payable to Landlord have been paid by Tenant to Landlord; and (ii) Tenant shall make written request for performance or cure of any such obligation or default and allow Landlord a period of fourteen (1430) days after receipt of such written notice to commence to cure the breach. If performance or cure of the default has not been commenced or completed after such reasonable notice periodor, providing when more than thirty (30) days are reasonably required because of the nature of the default and the availability of materialsdefault, labor and utilities or other resources permit if Landlord shall fail to commence and proceed diligently to cure such default within thirty (30) days after receipt of the default during written notice from Tenant but in all events within ninety (90) days of such reasonable notice periodnotice, then Tenant may terminate this Lease by giving Landlord written notice of Tenant’s election to do so, and Landlord shall thereupon refund Tenant’s Security Deposit, less proper charges, together with any unearned portion of any Rent pre-paid by Tenant. If owner is unable to deliver possession of the premises at the commencement of hereof, Landlord shall not be liable for any damage caused therebyand all damages sustained by Tenant as a result of Landlord's breach. B. Provided that Tenant has been notified in writing of the most current mailing address of Landlord's mortgagee, nor shall this Lease be void. Tenant shall not be liable for any rent until possession is delivered. No failure of Landlord to enforce any term hereof shall be deemed a waiver, nor shall acceptance of partial payment be deemed a waiver notify said mortgagee of Landlord’s right 's default and shall afford said mortgagee the opportunity to cure Tenant's default for a period of thirty (30) days following mortgagee's receipt of such notice. C. Landlord shall reimburse Tenant for its out-of-pocket costs directly incurred by Tenant as a result of curing Landlord's breach, within thirty (30) days of receipt of an itemized ▇▇▇▇ therefore, provided Tenant fully complies with each of the following: (i) Landlord receives thirty (30) days (the "Notice Period") prior written notice from Tenant of its intent to commence repairs or otherwise cure Landlord's breach, including a detailed description of the work to be performed. (ii) Tenant submits copies of all paid invoices together with lien waivers signed by each vendor/contractor indicating that they have been paid in full amount thereof. This Lease superseded for all services rendered and materials supplied. (iii) Tenant secures all necessary governmental approvals prior to commencement of any other lease on the premises during the term stated hereinwork.