Common use of Default by Tenant Clause in Contracts

Default by Tenant. The following will be events of default by Tenant under this Lease: (a) Failure to pay when due any installment of Rent or any other payment required pursuant to this Lease within five (5) days of due date; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.

Default by Tenant. The occurrence of one or more of the following will be events shall constitute an event of default by Tenant under this Lease:Agreement (“Tenant Event of Default”): (a) Failure to pay when due any installment of Rent or any other payment required pursuant to this Lease within five (5) days of due date; (bi) The filing failure of a petition for bankruptcy or insolvency under Tenant to timely perform and satisfy any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the material duties and obligations of Tenant under this Lease Agreement and/or the Development Plan and Budget; provided, however, Tenant shall not be deemed to be in default of this Agreement if: (each, i) in the event the default is a “Guarantor”); monetary default and Tenant cures such monetary default within ten (c10) A transfer business days after receipt of written notice from the Landlord of such monetary default; or (ii) in fraud the event the default is a non-monetary default and Tenant commences the cure of creditors or an assignment for such non-monetary default as soon as reasonably practicable following written notice thereof from the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant Landlord and the failure of Tenant to satisfy or bond the lien in its entirety completes such cure within thirty (30) calendar days after receipt of such written notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that however if such breach non-monetary default cannot reasonably be cured within such 20 thirty (30) calendar day period using diligent efforts and period, Tenant promptly commenced efforts shall not be deemed to be in default of this Agreement if Tenant commences to cure such breach upon receipt of Landlord’s notice thereofnon-monetary default within such thirty (30) calendar day period, then such cure period shall be extended for so long as Tenant continues and thereafter diligently pursues the same to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice;completion; or (gii) The commission of any act of gross negligence, willful misconduct, fraud, or intentional misrepresentation by Tenant’s breach , or any executive-level employee of Tenant, in connection with the performance by Tenant of its duties and obligations under this Agreement; or (iii) The occurrence of any Default by Tenant under the Lease. Upon the occurrence of a Tenant Event of Default, Landlord and Tenant acknowledge and agree that such Tenant Event of Default shall constitute a Default by Tenant under the Lease and Landlord shall have all of the same provision rights and remedies afforded to Landlord upon the occurrence of this a Default by Tenant under the Lease, as well as any other than rights and remedies afforded to Landlord at law or in equity, including, without limitation, the obligation right to pay Rentseek specific performance. Notwithstanding the foregoing, more than twice (2) in any twelve (12) month period; (h) Failure each of Landlord and Tenant hereby waive the right to deliverrecover consequential, maintain special or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantorspunitive damages under this Agreement.

Default by Tenant. The occurrence of any one or more of the following will be events shall constitute an “Event of default by Tenant Default” under this LeaseLease Agreement: (a) Failure A. The failure of Tenant to pay any Rent as and when due any installment of Rent or any other payment required pursuant to under this Lease within Agreement and such failure continues for five (5) business days after Landlord gives Tenant written notice of such failure; provided, however, that once Landlord has given Tenant two (2) such notices during any calendar year of this Lease Agreement for any payments that are not made when due datehereunder, Landlord shall not be required to give further notice or any notice at all with respect to subsequent defaults in such payments in such calendar year, and the failure or refusal by Tenant to timely make any payment thereafter due hereunder during such calendar year shall immediately constitute an Event of Default entitling Landlord to pursue its remedies without notice or demand; (b) B. The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy perform, comply with or bond observe any of the lien other covenants or conditions contained in its entirety within this Lease Agreement and the continuance of such failure for the period of time as may be specified elsewhere in this Lease Agreement for such specific covenant or condition, or should no period of time be specified elsewhere in this Lease Agreement with respect to such specific covenant or condition, a period of thirty (30) days after receipt of written notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, to Tenant; or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach failure cannot reasonably be cured within such 20 said thirty (30) day period using despite Tenant’s diligent efforts and good faith efforts, the failure of Tenant to promptly commenced commence its diligent good faith efforts to cure such breach upon receipt failure within said thirty (30) day period and/or the continuance of Landlordsuch failure for a period of ninety (90) days notwithstanding Tenant’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not ; C. Tenant shall fail to exceed a total of sixty execute and acknowledge or otherwise respond in good faith and in writing within ten (6010) days from the date after submission to Tenant of Landlord’s notice; (g) Tenant’s breach a request for confirmation of the same provision subordination of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit Lease Agreement pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors 24 or an estoppel certificate pursuant to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.Section 35;

Default by Tenant. The Each of the following will be events shall constitute an Event of default Default (herein so called) by Tenant under this Lease: (ai) Failure Tenant fails to pay when due any installment of Base Rent or any other payment required pursuant to in full under this Lease within five (5) days of due dateafter notice from Landlord that such payment was not received when due; (bii) The filing Tenant fails to pay any installment of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; Additional Rent in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant full under this Lease within ten (each, a “Guarantor”)10) days after notice from Landlord that such payment was not received when due; (ciii) A transfer in fraud Tenant fails to observe or perform any other provision of creditors this Lease required to be observed or an assignment for the benefit of creditors, whether performed by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the does not cure such failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt notice thereof from Landlord; provided that if such default is not capable of notice of samebeing cured within thirty (30) days and Tenant promptly commences such cure, said thirty (30) day period shall be extended so long as Tenant diligently and continuously pursues such cure; (eiv) The liquidation, termination Tenant or dissolution any guarantor of Tenant's obligations under this Lease (a "Guarantor") makes a general assignment for the benefit of creditors; (v) A receiver or trustee of Tenant or any Guarantor, or, if Tenant Guarantor or any Guarantor of their respective assets is appointed by entry of an order by a natural personcourt of competent jurisdiction and the same is not vacated, the death of Tenant discharged or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, dismissed within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s noticethereafter; (gvi) Tenant’s breach A petition for relief is filed by Tenant or any Guarantor under any bankruptcy or insolvency law seeking a plan of reorganization or arrangement under any law relating to bankruptcy, or any such petition is filed against Tenant or any Guarantor and same is not dismissed, discharged or vacated within sixty (60) days thereafter; (vii) The interest of Tenant in the Premises is sold under execution or other legal process; (viii) Tenant fails to maintain any insurance required under Section 12.1 of this Lease within five (5) days after notice from Landlord of such failure; or (ix) Tenant assigns this Lease or subleases any portion of the same provision Premises in violation of Section 13 of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.

Default by Tenant. The Subject to the notice and cure rights under Section 12.2, the following will be events each constitute a basis for the City to take action against Tenant (each, an “Event of default by Tenant under this Lease:Default”): (a1) Failure Tenant fails to pay when due any installment of Rent comply with the permitted uses set forth in Article 5 hereof, or any other payment required Applicable Legal Requirements; (2) Tenant voluntarily or involuntarily assigns, transfers or attempts to transfer or assign this Agreement or any rights in this Agreement, or in the Premises, except as permitted by this Agreement; (3) Tenant fails to pay real estate taxes or assessments on the Premises or any part thereof when due, or places thereon any encumbrance or lien unauthorized by this Agreement, or suffers any levy or attachment to be made, or any material supplier’s or mechanic’s lien or any other unauthorized encumbrance or lien to attach, and such taxes or assessments have not been paid, or the encumbrance or lien removed or discharged; provided, however, that Tenant will have the right to contest any tax or assessment pursuant to this Lease within five (5) days Agreement and, upon the posting of due datean adequate bond or other security, to contest any such lien or encumbrance. In the event of any such contest, Tenant will protect, indemnify, and hold City harmless against all losses and damages, including reasonable attorneys’ fees and costs resulting therefrom; (b4) The filing of Tenant (i) is adjudicated bankrupt or insolvent or made a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud defraud of creditors or creditors, (ii) makes an assignment for the benefit of creditors, whether by or (iii) brings or has brought against Tenant any action or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result proceeding of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of kind under any provision of this Lease the Federal Bankruptcy Act or under any other lease insolvency, bankruptcy or agreement Landlord and reorganization act and, in the event such proceedings are involuntary, Tenant are a party to, other than is not dismissed from the obligation to pay Rent, same within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from thereafter; or, a receiver is appointed for a substantial part of the date assets of Landlord’s noticeTenant and such receiver is not discharged within sixty (60) days; (g5) Tenant’s breach of the same Tenant breaches any other material provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month periodAgreement; (h6) Failure Tenant breaches any material provision of the Operating Funding Agreement, Rehab Grant Agreement (if applicable), or any other agreement between City and Tenant relating to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes providedPremises; andor (i7) Failure Tenant fails to pay any portion of any of the guarantors to fulfill rent or other payments when due in accordance with the terms and conditions provisions of the Guaranty or the breach of the Guaranty by one of the Guarantorsthis Agreement.

Default by Tenant. The following will Tenant shall be events of in default by Tenant under this Lease: (a) Failure to pay when due any installment of Rent or any other payment required pursuant to this Lease within five (5) days of due date; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease in the event that it (eachA) fails to pay rent for ten (10) days after it is due hereunder, or (B) fails to perform or comply with any other provision hereof for a “Guarantor”); (c) A transfer in fraud period of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after written notice thereof to Tenantfrom Landlord; providedprovided that if, however, that if such breach failure cannot reasonably be cured within such 20 day thirty (30) days, then Tenant shall have an additional period using diligent efforts and Tenant promptly commenced efforts of time, not to exceed sixty (60) days, to cure such breach upon receipt of Landlord’s notice thereoffailure, then such cure period shall be extended for so long as Tenant continues has commenced and is diligently pursuing appropriate actions to use diligent efforts cure such failure. Upon a default by Tenant, Tenant's right to curethe further possession of the Premises shall terminate and Landlord shall become and be entitled to immediate possession of the Premises, provided Landlord shall so elect, but not otherwise. Landlord shall thereupon immediately have the full right of re-entry upon the Premises, by force or otherwise, to exceed a total the extent permitted by the applicable law then in force, and without formal notice or demand, and without liability of sixty any kind; and also the right, but not the obligation, to re-let the Premises for any unexpired balance of the term, and collect the rent therefor. In the event of such re-letting by Landlord, the re-letting shall be for such duration (60which may extend beyond the unexpired balance of the term) days and on such other terms, conditions, and rental as Landlord may deem proper, and the proceeds that may be collected from the date same, less the expense of Landlord’s notice; re-letting (g) including reasonable leasing costs, fees, and commissions and reasonable costs of renovating the Premises), shall be applied upon Tenant’s breach 's rental obligation as set forth in this Lease for the unexpired portion of the same provision Lease term. Tenant shall be liable for any balance that may be due under this Lease, although Tenant shall have no further right of possession of the Premises. Such re-entry by Landlord and any such re-letting shall not operate as a termination of this Lease, unless Landlord shall so elect, nor as a waiver or postponement of any right of Landlord against Tenant. Landlord shall have the further right, in the event of Tenant's default as aforesaid, and irrespective of whether Landlord shall have elected to terminate Tenant's right to the further possession of the Premises, to declare the entire rent for the unexpired portion of the Lease term to be immediately due and payable and to collect the same by any manner not inconsistent with applicable law. Mention in this Lease of any particular remedy shall not preclude Landlord from any other than remedy, in law or in equity. To the obligation extent permitted by law, Tenant hereby consents to pay Rentsummary proceedings in connection with Landlord's re-entry of the Premises, more than twice (2) and expressly waives any and all rights of redemption, granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any twelve (12) month period; (h) Failure to delivercause, maintain or restore in the Security Deposit pursuant to Section 11.2 hereof within event of Landlord obtaining possession of the timeframes provided; and (i) Failure Premises, by reason of the violation by Tenant of any of the guarantors to fulfill the terms covenants and conditions of the Guaranty this Lease, or the breach of the Guaranty by one of the Guarantorsotherwise.

Default by Tenant. The occurrence of any of the ----------------- following will be events and the expiration of any grace periods hereafter described shall constitute a default by Tenant under this Lease: (a) Failure The failure of Tenant to pay any Rent within ten (10) days after Tenant's receipt of Landlord's written notice of such failure to pay; provided Landlord shall be required to give such notice only twice in any twelve (12) month period and thereafter Tenant shall be in default if any such payment is not received when due any installment of Rent or any other payment required pursuant to and without notice; (b) Tenant assigns its interest in this Lease within or sublets any portion of the Premises except as permitted in this Lease or Tenant otherwise breaches the provisions of Section 6.2 of this Lease; (c) Tenant uses the Premises for any purpose other than the Permitted Use or otherwise breaches Tenant's operational covenants under Sections 2.3, or 6.8 of this Lease after five (5) days of due date; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days Landlord's written notice of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantorbreach; (d) The filing Tenant breaches or imposition fails to comply with any term, provision, covenant, or condition of a lien against this Lease (other than as described in Subsections [a], [b], or [c] above), or with any of the PremisesBuilding Rules now or subsequently established, the Buildings and such breach or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within continues for thirty (30) calendar days after receipt of written notice of same; (e) The liquidation, termination or dissolution of by Landlord to Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach condition cannot reasonably be cured within such 20 thirty (30) day period using diligent efforts and period, Tenant promptly commenced efforts shall fail to cure such breach upon receipt of Landlord’s notice thereof, then commence such cure within such thirty (30) day period, or having commenced such cure within such period shall be extended for so long as Tenant continues thereafter diligently and continuously fail to use diligent efforts prosecute such cure to cure, not to exceed a total of completion within sixty (60) days from the date of Landlord’s notice's notice of such default; (e) If the interest of Tenant under this Lease is levied on under execution or other legal process, or if any petition in bankruptcy or other insolvency proceedings is filed by or against Tenant, or any petition is filed or other action taken to declare Tenant as bankrupt or to delay, reduces or modify Tenant's debts or obligations or to reorganize or modify Tenant's capital structure or indebtedness or to appoint a trustee, receiver or liquidator of Tenant or of any property of Tenant, or any proceedings or other action is commenced or taken by a governmental authority for the dissolution or liquidation of Tenant (provided that no such levy, execution, legal process; or petition filed against Tenant shall constitute a breach of this Lease if Tenant shall vigorously contest the same by appropriate proceedings and shall remove or vacate the same within thirty (30) calendar days from the date of its creation, service, or filing); (f) Tenant becomes insolvent, makes an assignment for the benefit of creditors, or makes a transfer in fraud of creditors; or a receiver or trustee is appointed for Tenant or any of its properties; (g) Tenant’s breach of Tenant abandons the same provision of this Lease, other than Premises during the obligation to pay Rent, more than twice (2) in any twelve (12) month period;Lease Term; or (h) Failure If Tenant is an individual person, the death or legal incapacity of Tenant; if Tenant is a corporation, Tenant ceases to deliver, maintain or restore exist as a corporation in good standing in the Security Deposit pursuant state of its incorporation and/or ceases to Section 11.2 hereof be duly authorized to transact business within the timeframes providedState of Texas; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantorsif Tenant is a partnership or other entity, Tenant is dissolved or otherwise liquidated.

Default by Tenant. The following will be events of default by Tenant under this Lease: (a) Failure to pay when due any installment of Rent or any other payment required pursuant to this Lease within five (5) days of due date; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any GuarantorTenant; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such GuarantorTenant; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.

Default by Tenant. (a) The following will events shall be deemed to be events of default by Tenant under this Lease:Lease (hereinafter called an “Event of Default”): (a1) Failure Tenant shall fail to timely pay when due any installment Rent and such failure shall continue for a period of Rent or any other payment required pursuant to this Lease within five ten (5) days of due date; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (3010) days after receipt of written notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof default shall have been given to Tenant; provided, however, that Landlord shall not be obligated to give Tenant written notice of its failure to pay Rent more than two times in any 12-month period and after the second notice, an Event of Default shall occur automatically upon Tenant’s failure to timely pay any Rent within such 12-month period without the requirement of any further notice from Landlord; (2) Tenant shall fail to comply with any terms, provisions or covenants of this Lease or any other agreement between Landlord and Tenant not requiring the payment of Rent, all of which terms, provisions and covenants shall be deemed material, and such failure shall continue for a period of thirty (30) days after written notice of such failure is delivered to Tenant or, if such breach failure cannot reasonably be cured within such 20 thirty (30) day period using diligent efforts and period, Tenant promptly commenced efforts shall fail to commence to cure such breach upon receipt failure within such thirty (30) day period and/or shall thereafter fail to prosecute such cure diligently and continuously to completion within sixty (60) days of the date of Landlord’s notice of default; (3) Tenant or any guarantor takes any action to, or notifies Landlord that Tenant or any guarantor intends to, file a petition under any section or chapter of the United States Bankruptcy Code, as amended from time to time, or under any similar Law of the United States or any state thereof, then such cure period ; or a petition shall be extended for so long as filed against Tenant continues to use diligent efforts to cure, or any guarantor under any such statute and shall not to exceed a total of be dismissed within sixty (60) days thereafter; (4) a receiver or trustee shall be appointed for Tenant’s leasehold interest in the Premises or for all or a substantial part of the assets of Tenant or any guarantor; or (5) Tenant abandons all, or substantially all, of the Premises, without providing Landlord with (a) thirty (30) days prior written notice of its intent to vacate, (b) an affirmative statement that this Lease is in full force and effect and that there are no uncured events of default by Landlord or Tenant, (c) an affirmative statement that Tenant intends to comply with all of the terms and conditions of the Lease including, without limitation, the payment of Rent, (d) current financial statements and (e) a forwarding address and telephone number. (b) Upon the occurrence of any Event of Default, Landlord may, at its option and without further notice to Tenant and without judicial process, in addition to all other remedies given hereunder or by Law or equity, do any one or more of the following: (1) terminate this Lease, in which event Tenant shall immediately surrender possession of the Premises to Landlord; (2) enter upon and take possession of the Premises and expel or remove Tenant therefrom, with or without having terminated this Lease; (3) apply all or any part of the Security Deposit to cure such Event of Default; (4) change or re-key all locks to entrances to the Premises, and Landlord shall have no obligation to give Tenant a new key to the Premises until such Event of Default is cured; and (5) remove from the Premises any furniture, fixtures, equipment or other personal property of Tenant, without liability for trespass or conversion, and store such items either in the Complex or elsewhere at the sole cost of Tenant and without liability to Tenant. Any of such furniture, fixtures, equipment or personal property not claimed within thirty (30) days from the date of removal shall be deemed abandoned. (c) Exercise by Landlord of any one or more remedies hereunder shall not constitute forfeiture or an acceptance of surrender of the Premises by Tenant, it being understood that such surrender can be effected only by the written agreement of Landlord and Tenant. (d) If Landlord terminates this Lease by reason of an Event of Default, Tenant shall pay to Landlord the sum of (1) the cost of recovering the Premises, (2) the cost of repairing any damage to the Premises, (3) any amounts owed by Tenant under this Lease that have accrued but not been paid, (4) any other damages or relief which Landlord may be entitled to for any Event of Default other than the non-payment of rent at law or in equity, and (5) the Rent payable over what would have been the remainder of the Term absent such Lease termination less fair market value of the Premises over such remainder of the Term, as discounted by present value at one percent (1%) per annum. In no event shall Landlord have any obligation to refund to Tenant any of the Base Rental prepaid on this Lease, irrespective of whether Landlord relets all or any portion of the Premises following an Event of Default. (e) If Tenant should fail to make any payment, perform any obligation, or cure any default hereunder within the notice and cure period set forth in Section 27(a), Landlord, without obligation to do so and without thereby waiving such failure or default, may make such payment, perform such obligation, and/or remedy such other default for the account of Tenant (and enter the Premises for such purpose), and Tenant shall, within ten (10) days following written demand, pay all costs, expenses and disbursements (including attorneys’ fees) incurred by Landlord in taking such remedial action, plus, at the option of Landlord, interest thereon at the Default Rate. (f) If an Event of Default occurs, Landlord shall use reasonable efforts to mitigate its damages. Landlord’s notice;duty to mitigate damages as a result of an Event of Default will be satisfied in full if Landlord undertakes to lease the Premises to another tenant (a “Substitute Tenant”) in accordance with the following criteria: (a) Landlord will have no obligation to solicit or entertain negotiations with any other prospective tenants for the Premises until Landlord obtains full and complete possession of the Premises including, without limitation, the final and unappealable legal right to relet the Premises free of any claim of Tenant; (b) Landlord will not be obligated to lease or show the Premises on a priority basis, or offer the Premises to a prospective tenant when other space in the Building suitable for the prospective tenant’s use is (or soon will be) available; (c) Landlord will not be obligated to lease the Premises to a Substitute Tenant for a Base Rental less than the current fair market Base Rental then prevailing for similar uses in comparable buildings in the same market area as the Building, nor will Landlord be obligated to enter into a new lease under other terms and conditions that are unacceptable to Landlord under Landlord’s then current leasing policies for comparable space in the Building; (d) Landlord will not be obligated to enter into a lease with a Substitute Tenant whose use would (i) violate any restriction, covenant, or requirement contained in the lease of another tenant of the Building; (ii) adversely affect the reputation of the Building; or (iii) be incompatible with other uses of the Building; (e) Landlord will not be obligated to enter into a lease with any proposed Substitute Tenant that does not have, in Landlord’s reasonable opinion, sufficient financial resources to operate the Premises in a first class manner; and (f) Landlord will not be required to expend any amount of money to alter, remodel, or otherwise make the Premises suitable for use by a proposed Substitute Tenant unless: (i) Tenant pays any such sum to Landlord in advance of Landlord’s execution of a lease with the proposed Substitute Tenant (which payment will not be in lieu of any damages or other sums to which Landlord may be entitled as a result of Tenant’s default under this Lease); or (ii) Landlord, in Landlord’s reasonable discretion, determines that any such expenditure is financially justified in connection with entering into a lease with the prospective Substitute Tenant. Tenant hereby waives any right to assert, claim or allege that Landlord has not fulfilled its duty to mitigate damages as a result of an Event of Default if Landlord’s efforts to mitigate are in compliance with the provisions of this Section 27. (g) Tenant’s Tenant will reimburse and compensate Landlord on demand and as Additional Rent for any actual loss Landlord incurs in connection with, resulting from or related to any breach or default of the same provision of Tenant under this Lease, regardless of whether the breach or default constitutes an Event of Default, and regardless of whether suit is commenced or judgment is entered. Such loss includes all reasonable legal fees, costs and expenses (including paralegal fees, expert fees, and other than professional fees and expenses) Landlord incurs investigating, negotiating, settling or enforcing any of Landlord’s rights or remedies or otherwise protecting Landlord’s interests under this Lease. In addition to the obligation foregoing, Landlord is entitled to pay Rentreimbursement of all of Landlord’s reasonable fees, more than twice (2) expenses and damages, including, but not limited to, reasonable attorneys’ fees and paralegal and other professional fees and expenses, Landlord incurs in connection with any bankruptcy or insolvency proceeding involving Tenant including, without limitation, any proceeding under any chapter of the Bankruptcy Code; by exercising and advocating rights under Section 365 of the Bankruptcy Code; by proposing a plan of reorganization and objecting to competing plans; and by filing motions for relief from stay. Such fees and expenses are payable on demand, or, in any twelve (12) month period;event, upon assumption or rejection of this Lease in bankruptcy. (h) Failure to deliverTenant waives and releases all Claims, maintain or restore Tenant may have resulting from Landlord’s re-entry and taking possession of the Security Deposit Premises pursuant to this Section 11.2 hereof within 27 by any lawful means and removing, storing or disposing of Tenant’s property as permitted under this Lease, regardless of whether this Lease is terminated and, to the timeframes provided; and fullest extent allowable under the Laws, Tenant releases and will indemnify, protect, defend (iwith counsel reasonably acceptable to Landlord) Failure of and hold harmless Landlord and the Landlord Related Parties from and against any of the guarantors and all Claims arising therefrom. No such re-entry is to fulfill the terms and conditions of the Guaranty be considered or the breach of the Guaranty construed as a forcible entry by one of the GuarantorsLandlord. THIS INDEMNITY PROVISION IS INTENDED TO INDEMNIFY LANDLORD, LANDLORD RELATED PARTIES AND THEIR RESPECTIVE AGENTS AGAINST THE CONSEQUENCES OF THEIR OWN NEGLIGENCE OR FAULT WHEN LANDLORD OR ITS AGENTS ARE JOINTLY, COMPARATIVELY, OR CONCURRENTLY NEGLIGENT WITH TENANT (BUT NOT WHEN THE NEGLIGENCE OR FAULT OF LANDLORD, LANDLORD RELATED PARTIES OR THEIR AGENTS IS THE SOLE BASIS OF THE CLAIM). No such re-entry is to be considered or construed as a forcible entry by Landlord.

Default by Tenant. The following will be events of default by Tenant under this Lease: (a) Failure to pay when due any installment of Rent or any other payment required pursuant to this Lease within five Lease; provided that Landlord shall give Tenant notice of the first two (52) such instances of non-payment in each calendar year of the Term and Tenant shall have a period of ten (10) days of due dateafter receipt thereof to cure such non-payment before a default shall be deemed to have occurred; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or of a receiver or trustee for all all, or substantially all all, of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any each party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant ▇▇▇▇▇▇ or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property Premises as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice by Landlord of sameits filing; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party toLease, other than the obligation to pay Rent, within twenty thirty (2030) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 30 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty ninety (6090) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.

Default by Tenant. The Each of the following will be events shall constitute an Event of default Default (herein so called) by Tenant under this Lease: (ai) Failure Tenant fails to pay when due any installment of Base Rent or any other payment required pursuant to in full under this Lease within five (5) days of due dateafter notice from Landlord that such payment was not received when due; (bii) The filing Tenant fails to pay any installment of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; Additional Rent in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant full under this Lease within ten (each, a “Guarantor”); 10) days after notice from Landlord that such payment was not received when due; (ciii) A transfer in fraud Tenant fails to observe or perform any other provision of creditors this Lease required to be observed or an assignment for the benefit of creditors, whether performed by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the does not cure such failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt notice thereof from Landlord; provided, that if such default is not capable of notice being cured within thirty (30) days and Tenant promptly commences such cure, said thirty (30) day period shall be extended so long as Tenant diligently and continuously pursues such cure; (iv) Tenant or any guarantor of same; Tenant's obligations under this Lease (ea "Guarantor") The liquidation, termination makes a general assignment for the benefit of creditors; (v) A receiver or dissolution trustee of Tenant or any Guarantor, or, if Tenant Guarantor or any Guarantor of their respective assets is appointed by entry of an order by a natural personcourt of competent jurisdiction and the same is not vacated, the death of Tenant discharged or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, dismissed within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days thereafter; (vi) A petition for relief is filed by Tenant or any Guarantor under any bankruptcy or insolvency law seeking a plan of reorganization or arrangement under any law relating to bankruptcy, or any such petition is filed against Tenant or any Guarantor and same is not dismissed, discharged or vacated within sixty (60) days thereafter; (vii) The interest of Tenant in the Premises is sold under execution or other legal process; (viii) Tenant fails to maintain any insurance required under Section 12.1 of this Lease within five (5) days after notice from the date Landlord of Landlord’s notice; such failure; or (gix) Tenant’s breach Tenant assigns this Lease or subleases any portion of the same provision Premises in violation of Section 13 of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.

Default by Tenant. The occurrence of any one or more of the ----------------- following will be events shall constitute an "Event of default Default" by Tenant: A. The failure by Tenant under this Lease: (a) Failure to pay when due make any installment payment of Rent rental or any other payment required pursuant to this Lease within be made by Tenant hereunder, and any interest for late payment thereof, as and when due, where such failure shall continue for a period of five (5) days of due date; (b) The filing after receipt by Tenant of a petition for bankruptcy written notice thereof from Landlord. B. The failure by Tenant to observe or insolvency under perform any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets covenants, conditions or provisions of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for other than the benefit of creditors, whether failure by Tenant or any Guarantor; (ddescribed in subparagraph E below) The filing or imposition where such failure shall continue for a period of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt by Tenant of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after written notice thereof to Tenantfrom Landlord; provided, however, that if the nature of Tenant's default is such breach that it cannot be cured solely by payment of money (and in the reasonable judgment of Landlord said default is susceptible to cure) and that more than thirty (30) days may be reasonably required for such cure, then Tenant shall not be deemed to be in default if Tenant shall commence such cure within such 20 thirty (30) day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then shall thereafter diligently prosecute such cure period shall be extended to completion. (a) the making of any general arrangement or any assignment by Tenant for so long as Tenant continues to use diligent efforts to cure, not to exceed a total the benefit of sixty (60) days from the date of Landlord’s noticecreditors; (gb) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition of reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant’s breach , the petition is dismissed within ninety (90) days of the same provision date filed); (c) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets; and (d) the attachment, execution or other judicial seizure of substantially all of Tenant's assets. D. An assignment or subletting by Tenant in violation of Paragraph 14 hereof. E. The failure by Tenant in keeping, observing or performing any of the terms contained in this Lease, other than those referred to in Subparagraphs 14 A, B, C and D above, and which exposes Landlord to criminal liability, and such default shall continue after written notice thereof given ______ Landlord to Tenant, and Tenant fails to proceed timely and promptly with all due diligence and in good faith to cure the obligation same and thereafter to pay Rentprosecute the curing of such default with all due diligence, more than twice (2) it being intended that in any twelve (12) month period; (h) Failure connection with a default which exposes Landlord to deliver, maintain criminal liability that Tenant shall proceed immediately to cure or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms correct such condition with continuity and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantorswith all due diligence and in good faith.

Default by Tenant. The occurrence of any one or more of the following will be events shall constitute a material default and breach of default this Lease by Tenant under this LeaseTenant: (a) Failure to pay when due any installment Vacation or abandonment of Rent or any other Premises without payment required pursuant to this Lease within five (5) days of due daterent; (b) The filing of a petition for bankruptcy or insolvency under Failure by Tenant to make any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations payment required as they become and when due, or the appointment or when such failure shall continue for a receiver or trustee for all or substantially all period of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 ten (10) business days of after such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”)payment is due; (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether Failure by Tenant to observe or perform any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision covenants, conditions or provisions of this Lease, other than the obligation making of any payment, where such failure shall continue for a period of thirty (30) days after written notice from Landlord, provided in the event that cure cannot reasonably be performed within such thirty (30) day period, it shall not be a default if Tenant commences cure within such thirty (30) day period and thereafter diligently prosecutes same to pay Rent, more than twice (2) in any twelve (12) month periodcompletion; (hd) Failure The repeated failure by Tenant to delivermake any payment or perform any of the materially substantial covenants, maintain conditions or restore provisions of this Lease at such time or in the Security Deposit pursuant to Section 11.2 hereof within the timeframes manner provided; and, and beyond any applicable cure periods; (i) Failure The making by Tenant of any general assignment or general arrangement for the benefit of creditors; (ii) the guarantors filing by or against Tenant of a petition in bankruptcy, including reorganization or arrangement, unless in the case of a petition filed against Tenant and the same is dismissed within thirty (30) days; (iii) the appointment of a trustee or receiver to fulfill take possession of substantially all of Tenant’s assets located at the terms and conditions Premises or of the Guaranty or the breach of the Guaranty by one of the GuarantorsTenant’s interest in this Lease.

Default by Tenant. The Landlord and Tenant hereby agree that the occurrence of any one or more of the following will be events of is a default by Tenant under this Lease:Lease and that said default shall give Landlord the rights described in Section 13.2. Landlord or Landlord’s authorized agent shall have the right to execute and to deliver any notice of default, notice to pay rent or quit or any other notice Landlord gives Tenant. (a) Failure Tenant’s failure to pay when due make any installment payment of Rent Base Rent, Tenant’s Share of Common Area Expense increases, Tenant’s Share of Real Property Taxes, late charges, or any other payment required pursuant to this Lease within five be made by Tenant hereunder, as and when due, where such failure shall continue for a period of three (53) business days of due date;after written notice thereof from Landlord to Tenant. (b) The filing Tenant’s failure to make any payment of a petition for bankruptcy Base Rent, Tenant’s Share of Common Area Expenses, Tenant’s Share of Real Property Taxes, late charges, or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations other payment required to be made by Tenant hereunder, as they become and when due, or more than three times in succession, or, in the appointment or a receiver or trustee for all or substantially all case of the assets of Tenant; Base Rent, more than four times in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”);twelve month period, (c) A transfer in fraud The abandonment of creditors or an assignment for the benefit of creditors, whether Premises by Tenant or coupled with the nonpayment of rent in which event Landlord shall not be obligated to give any Guarantor;notice of default to Tenant. (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of by Tenant to satisfy observe or bond perform any of the lien covenants, conditions or provisions of this Lease to be observed or performed by Tenant (other than those referenced in its entirety within Sections 13.1(a) and (b), above), where such failure shall continue for a period of thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after written notice thereof from Landlord to Tenant; provided, however, that if the nature of Tenant’s non-performance is such breach canthat more than thirty (30) days are reasonably required for its cure, then Tenant shall not be cured deemed to be in default if Tenant commences such cure within such 20 said thirty (30) day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then thereafter diligently pursues such cure period shall be extended to completion. (i) The making by Tenant or any guarantor of Tenant’s obligations hereunder of any general arrangement or general assignment for so long the benefit of creditors; (ii) Tenant or any guarantor becoming a “debtor” as defined in 11 U.S.C. 101 or any successor statute thereto (unless, in the case of a petition filed against Tenant continues to use diligent efforts to cureor guarantor, not to exceed a total of the same is dismissed within sixty (60) days from days); (iii) the date appointment of Landlord’s notice; (g) a trustee or receiver to take possession of substantially all of Tenant’s breach assets located at the Premises or of Tenant’s interest in this Lease, where possession is not restored to Tenant within thirty (30) days; (iv) the same attachment, execution or other judicial seizure of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where such seizure is not discharged within thirty (30) days; or (v) the insolvency of Tenant. In the event that any provision of this LeaseSection 13.1(d) is unenforceable under applicable law, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain such provision shall be of no force or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantorseffect.

Default by Tenant. The Each of the following will occurrences shall be events deemed an event of default (“Default”) by Tenant under this Lease: (a1) Failure to pay when Tenant has not paid any past due any installment of Rent or any other payment required pursuant to this Lease within five (5) days after Landlord gives written notice of due date;nonpayment to Tenant, provided, however, that no more than one such notice shall be required to be given in any calendar year; or (b2) The filing Tenant has not complied with any term, provision or covenant of this Lease, other than the payment of Rent, and has not cured such noncompliance within ten (10) days after written notice to Tenant, or such longer period as may be reasonably required, not to exceed an additional forty-five (45) days, if the nature of cure is such that it cannot be completed within ten (10) days, so long as Tenant commenced cure within the initial ten (10) day period and thereafter diligently pursues cure to completion; or (3) Tenant files a petition, or an involuntary petition for bankruptcy is filed against Tenant (and is not dismissed within sixty (60) days), or insolvency Tenant becomes insolvent under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy , or insolvency or an admission Tenant admits that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee shall be appointed for all or substantially all of the assets of Tenant; in each of the foregoing cases, if Tenant (and is not dismissed within 30 days of such filingsixty (60) days), adjudication, admission or appointment, as applicable; the foregoing Tenant shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, make a “Guarantor”); (c) A transfer in fraud of creditors or shall make an assignment for the benefit of creditors; or (4) Tenant does or permits to be done any act which results in a lien being filed against the Premises or the Project, whether and such lien is not discharged or bonded over pursuant to Section 11.H. of this Lease. If a Default under Section 18.A.(3) occurs, nothing contained herein shall be construed to express or imply that Landlord consents to any assumption and/or assignment of the Lease by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision inclusion of this Lease within Tenant’s bankruptcy estate, and Landlord expressly reserves the right to object to any assumption and/or assignment of the Lease and to any inclusion of this Lease within Tenant’s bankruptcy estate. Neither Tenant nor any trustee who may be appointed in such case shall conduct or permit of any “fire”, “bankruptcy”, “going out of business”, auction sale or other lease public sale in or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the GuarantorsPremises.

Default by Tenant. The (a) Any of the following will be events shall constitute events of default by Tenant under this Lease: (a1) Failure Tenant's failure to pay when due any installment rent or other sum payable hereunder for a period of Rent five (5) days following notice of delinquency; provided that if Tenant has failed one or more times in any 12-month period to pay any rent or other payment required pursuant to this Lease sum within five (5) days following notice of due date;delinquency, no notice and grace period shall thereafter be applicable hereunder. (b2) The filing Tenant's failure to perform any of the other terms, covenants, agreements or conditions contained herein (other than Tenant's breach of paragraph 12(a) or paragraph 17 as to which no cure period shall apply) and, if the default is curable, the continuation of such default for a petition period of 30 days after notice by Landlord or beyond the time reasonably necessary for cure if the default is of the nature to require more than 30 days to remedy, provided that if Tenant has defaulted in the performance of the same obligation more than one time in any twelve-month period and notice of such default has been given by Landlord in such instance, such cure period shall be five days after notice by Landlord or beyond the time reasonably necessary for cure if the default is of the nature to require more than five days to remedy but in any event, within 60 days following Landlord's notice. (3) the bankruptcy or insolvency under of Tenant, any applicable federal or state bankruptcy or insolvency law; an adjudication transfer by Tena▇▇ ▇▇ fraud of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become duecreditors, assignment by Tenant for the benefit of creditors, or the commencement of any proceedings of any kind by or against Tenant under any provision of the Federal Bankruptcy Act or under any other insolvency, bankruptcy or reorganization act unless, in the event any such proceedings are involuntary, Tenant is discharged from the same within 60 days thereafter; the appointment or of a receiver or trustee for all or substantially all a substantial part of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of levy upon this Lease or any estate of Tenant hereunder by any attachment or execution; or (4) the abandonment of the Premises. (b) Upon the occurrence of any event of default by Tenant hereunder, Landlord may, at its option and without any further notice or demand, in addition to any other lease rights and remedies given hereunder or agreement by law, do any of the following: (1) Landlord and Tenant are a party toshall have the right, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues such default continues, to use diligent efforts give notice of termination to cureTenant, not to exceed a total of sixty (60) days from and on the date of Landlord’s notice;specified in such notice this Lease shall terminate. (g2) Tenant’s breach In the event of the same provision any such termination of this Lease, Landlord may then or at any time thereafter, reenter the Premises and remove therefrom all persons and property and again repossess and enjoy the Premises, without prejudice to any other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period;remedies that Landlord may have by reason of Tenant's default or of such termination. (h3) Failure In the event of any such termination of this Lease, and in addition to deliverany other rights and remedies Landlord may have, maintain or restore Landlord shall have all of the Security Deposit pursuant to rights and remedies of a landlord provided by Section 11.2 hereof within 1951.2 of the timeframes provided; and California Civil Code. The amount of damages which Landlord may recover in event of such termination shall include, without limitation, (i) Failure the worth at the time of any award (computed by discounting such amount at the discount rate of the guarantors to fulfill Federal Reserve Bank of San Francisco at the terms and conditions time of award plus one percent) of the Guaranty amount by which the unpaid rent for balance of the term after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided, (ii) all legal expenses and other related costs incurred by Landlord following Tenant's default, (iii) all costs incurred by Landlord in restoring the Premises to good order and condition, or in remodeling, renovating or otherwise preparing the Premises as reasonably required for reletting, and (iv) all costs (including, without limitation, any brokerage commissions) incurred by Landlord in reletting the Premises. (4) Landlord shall also have the remedy described in California Civil Code Section 1951.4 (lessor may continue the lease in effect after less▇▇'▇ ▇reach and abandonment and recover rent as it becomes due, if less▇▇ ▇▇▇ right to sublet or assign, subject only to reasonable limitations). (5) For the purpose of determining the unpaid rent in the event of a termination of this Lease, or the breach rent due hereunder in the event of the Guaranty by one a reletting of the Guarantors.the

Default by Tenant. 17.1 The occurrence of any of the following will be events shall constitute a breach of the Lease, and a default if not cured by Tenant under this Leaseafter notice and a reasonable opportunity to cure such breach: (a) 17.1.1 Failure by Tenant to pay when due any installment of Rent or any other payment required pursuant to amount due hereunder when such amount becomes payable in accordance with this Lease within five (5) days of due date; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become dueLease, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing casesto duly, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to promptly and completely perform any party guaranteeing the obligations obligation of Tenant under this Lease Articles 14 or 15 above, and continuation of such failure for a period of three (each, a “Guarantor”);3) business days after receipt of the written statutory notice from Landlord to Tenant specifying the nature of such failure. (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether 17.1.2 Failure by Tenant in the due, prompt and complete performance or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result observance of any act other express or omission implied covenant, agreement or obligation of Tenant contained in this Lease, and the continuation of such failure for a period of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt written notice from Landlord to Tenant specifying the nature of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenantfailure; provided, however, that if any such breach failure cannot reasonably be cured within such 20 day period using diligent efforts and period, Tenant shall not be deemed to be in default hereunder if Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then commences such cure within such period and thereafter diligently pursues such cure to completion. 17.1.3 Tenant’s abandoning the Premises, which shall mean for these purposes, Tenant’s absence for a period of more than two (2) weeks from the Premises while otherwise in default of this Lease as described in this Article 17. 17.1.4 Tenant, its assignee, sublessee, other transferee, successor or any guarantor of this Lease gives to Landlord any financial statement or representation which proves to be extended materially false or materially misleading. 17.1.5 The insolvency of Tenant; the making by Tenant of any assignment for so long as the benefit of creditors; the filing by or against Tenant continues of a petition to use diligent efforts have Tenant adjudged bankrupt or of a petition for reorganization or arrangement under any law relating to curebankruptcy, not to exceed insolvency or creditors’ rights in general (unless in the case of a total of petition filed against Tenant, the same is dismissed within sixty (60) days from days); the date appointment of Landlord’s notice; (g) a trustee or receiver to take possession of all or a substantial part of Tenant’s breach assets or of the same provision of Tenant’s interest under this Lease, other than the obligation to pay Rent, more than twice where such seizure is not discharged within sixty (260) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure days. The occurrence of any of the guarantors acts or events referred to fulfill the terms in this Article with respect to any Guarantor of this Lease shall also constitute a default hereunder. 17.1.6 The attachment, execution or other judicial seizure of a substantial portion of Tenant’s assets or of Tenant’s interest in this Lease, where such seizure is not discharged within sixty (60) days. 17.2 The notices referred to in Article 17.1.1 and conditions 17.1.2 above shall be in lieu of, and not in addition to, any notice required under Section 1161 et seq. of the Guaranty or the breach California Code of the Guaranty by one of the GuarantorsCivil Procedure.

Default by Tenant. The following will be events of default by Tenant under this Lease: (a) Failure to pay when due any installment of Rent or any other payment required pursuant to this Lease within five (5) business days of following written notice that the same is past due date(provided however that in no event shall Landlord be obligated to provide written notice more than twice in any twelve (12) month period); (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of Any act which results in a lien being filed against the Premises, the Buildings Premises or the Property as a result of any act or omission of Tenant and Park which is not cured within the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of sameapplicable time period provided for herein; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such GuarantorTenant; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party toLease, other than the obligation to pay Rent, within twenty (20) where such failure shall continue for a period of 30 days after written notice thereof from Landlord to Tenant; provided, however, that if the nature of Tenant’s non-performance is such breach canthat more than 30 days are reasonably required for its cure, then Tenant shall not be cured deemed to be in default if Tenant commences such cure within such 20 said 30 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then thereafter diligently pursues such cure to completion then Tenant shall have an additional reasonable period shall be extended for so long as Tenant continues of time to use diligent efforts to complete such cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice;; and (g) Tenant’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) -month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.

Default by Tenant. (a) The following will events shall be deemed to be events of default by Tenant under this Lease:Lease (hereinafter called an “Event of Default”): (a1) Failure Tenant shall fail to timely pay when due any installment Rent and such failure shall continue for a period of Rent or any other payment required pursuant to this Lease within five (5) days of due date; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days after written notice of such filing, adjudication, admission or appointment, as applicable; the foregoing default shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof have been delivered to Tenant; provided, however, that once Landlord has given Tenant two (2) such notices during any twelve (12) month period (whether as to one or more than one failure to pay), Landlord shall not be required to give further notice and thereafter the failure or refusal by Tenant to timely make any payment of Rent when due hereunder within the following twelve (12) months shall be an Event of Default without notice or grace period; (2) Tenant shall fail to comply with any terms, provisions or covenants of this Lease or any other agreement between Landlord and Tenant not requiring the payment of Rent, all of which terms, provisions and covenants shall be deemed material, and such failure shall continue for a period of thirty (30) days after written notice of such failure is delivered to Tenant or, if such breach failure cannot reasonably be cured within such 20 thirty (30) day period using diligent efforts and period, Tenant promptly commenced efforts shall fail to commence to cure such breach upon receipt failure within such thirty (30) day period and/or shall thereafter fail to prosecute such cure diligently and continuously to completion within sixty (60) days of the date of Landlord’s notice of default; (3) Tenant or any Guarantor takes any action to, or notifies Landlord that Tenant or any Guarantor intends to, file a petition under any section or chapter of the United States Bankruptcy Code, as amended from time to time, or under any similar law or statute of the United States or any state thereof, then such cure period ; or a petition shall be extended for so long as filed against Tenant continues to use diligent efforts to cure, or any Guarantor under any such statute and shall not to exceed a total of be dismissed within sixty (60) days thereafter; or (4) a receiver or trustee shall be appointed for Tenant’s leasehold interest in the Premises or for all or a substantial part of the assets of Tenant or any Guarantor; or (5) Tenant refuses to take occupancy of the Premises after Landlord completes the Initial Improvements. (b) Upon the occurrence of any Event of Default, Landlord may, at its option and without further notice to Tenant and without judicial process, in addition to all other remedies given hereunder or by law or equity, do any one or more of the following: (1) terminate this Lease, in which event Tenant shall immediately surrender possession of the Premises to Landlord; (2) enter upon and take possession of the Premises and expel or remove Tenant therefrom, with or without having terminated this Lease; (3) apply all or any portion of the Security Deposit to cure such Event of Default; (4) change or re-key all locks to entrances to the Premises, and Landlord shall have no obligation to give Tenant a new key to the Premises until such Event of Default is cured; and (5) remove from the Premises any furniture, fixtures, equipment or other personal property of Tenant, without liability for trespass or conversion, and store such items either in the Project or elsewhere at the sole cost of Tenant and without liability to Tenant. Landlord may retain control over all such property for the purpose of foreclosing the security interest created by Section 34. Any of such furniture, fixtures, equipment or personal property not claimed within thirty (30) days from the date of Landlord’s notice;removal shall be deemed abandoned. (gc) Tenant’s breach Exercise by Landlord of any one or more remedies hereunder shall not constitute forfeiture or an acceptance of surrender of the same provision Premises by Tenant, it being understood that such surrender can be effected only by the written agreement of Landlord and Tenant. (d) If Landlord terminates this LeaseLease by reason of an Event of Default, other than Tenant shall pay to Landlord the obligation to pay Rentsum of (1) the cost of recovering the Premises, more than twice (2) the unpaid Rent and all other indebtedness accrued hereunder to the date of such termination, (3) the amounts stated in any twelve Section 27(f), and (124) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within total Rent which Landlord would have received under this Lease for the timeframes provided; and (i) Failure of any remainder of the guarantors to fulfill Lease Term minus the terms and conditions Fair Market Rental Value (hereinafter defined) of the Guaranty Premises for the same period, both discounted to present value at the Prime Rate (hereinafter defined) in effect upon the date of determination, and (5) any other damages or relief which Landlord may be entitled to at law or in equity. For the breach purposes of this section, “Fair Market Rental Value” shall be the Guaranty rental rate that would be received from a comparable tenant for a comparable lease for premises and other properties of equivalent quality, size, condition and location as the Premises, taking into account any free rent or other concessions, that are generally prevailing in the market place at the time of Tenant’s default, market conditions and the period of time the Premises may reasonably be expected to remain vacant before Landlord is able to re-let the Premises to a suitable new tenant. For purposes of this section, “Prime Rate” shall mean the per annum rate of interest announced or published from time to time by one Bank of the GuarantorsAmerica, N.A. (or its successors or assigns) as its prime commercial lending rate.

Default by Tenant. The following will be events of default by Tenant under this Lease: (a) Failure to pay when due any installment of Rent or any other payment required pursuant to this Lease within five (5) days of due date; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings Building or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.

Default by Tenant. The following will be events constitute an Event of default Default by Tenant under this Lease: (a) Failure Tenant fails to pay when due any installment of Base Rent, Taxes and Insurance, Operating Expenses or Additional Rent or any other payment required pursuant to this Lease within five ten (510) days of due datedelivery of notice of such failure by Landlord; (b) The filing Tenant fails to comply with any term, provision or covenant of this Lease, other than the payment of Base Rent or Additional Rent and such failure continues in excess of thirty (30) days after delivery of notice of failure by Landlord, or such additional time as may be reasonably necessary provided Tenant commences and diligently prosecutes cure of such failure, but in no event in excess of ninety (90) days; (c) Tenant or any guarantor of Tenant's obligations hereunder files, causes to be filed or has filed against it a petition for in bankruptcy or insolvency is adjudged bankrupt or insolvent under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy , or insolvency or an admission admits that it cannot meet its financial obligations as they become due, or the appointment ; or a receiver or trustee is appointed for all or substantially all of the assets of Tenant or such guarantor; or Tenant or any guarantor of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the 's obligations of Tenant under this Lease (each, hereunder makes a “Guarantor”); (c) A transfer in fraud of creditors or makes an assignment for the benefit of creditors, whether by Tenant or any Guarantor;; or (d) The filing Tenant does or imposition of permits to be done any act which results in a lien (of any nature) being filed against the Leased Premises, the Buildings Building or the Property as a result of any act Project, and does not cause such lien to be bonded around or omission of Tenant and the failure of Tenant to satisfy discharged or bond the lien in its entirety recode within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or following such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantorsfiling.

Default by Tenant. The occurrence of any one or more of the following will be events shall constitute an “Event of default by Tenant Default” under this Lease: (a) Failure Tenant shall fail to pay when due any installment sum of Rent or any other payment required pursuant to this Lease within five when due, and such failure shall continue for ten (510) days of after such due date;; and exceeds the one time grace period per lease year. (b) The filing Tenant shall fail to execute and acknowledge or otherwise respond in good faith and in writing within ten (10) business days after submission to Tenant of a petition request for bankruptcy confirmation of the subordination of this Lease pursuant to Section 11.1(a), confirmation of the subordination of a mortgage or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication deed of bankruptcy or insolvency trust lien to this Lease pursuant to Section 11.1(b) or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply estoppel certificate pursuant to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”)Section 11.2; (c) A transfer Tenant shall fail in fraud the performance of creditors any of the other covenants or an assignment conditions not included in subparagraphs (a) and (b) of this Section 8.2 which Tenant is required to observe and to perform under this Lease, inclusive of the exhibits hereto and such failure shall continue for the benefit of creditors, whether by thirty (30) days after written notice to Tenant or any Guarantor; (d) The filing or imposition such longer period as is reasonably necessary to remedy such default if it is of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety nature that it cannot be cured within thirty (30) days after receipt and as long as Tenant is actively and diligently pursuing the cure of notice of same; such default, unless such failure (ei) The liquidationmaterially and adversely affects the Building or the operation thereof or other tenants, termination or dissolution of (ii) violates Legal Requirements, and in either such event, Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure fails to cure the breach same within ten (10) business days of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s written notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts or in the event of an issue requiring more than ten (10) business days to cure, Tenant fails to commence to cure said item within ten (10) business days of receipt of said notice and actually cures within sixty (60) days receipt of written notice. (d) The interest of Tenant under this Lease shall be levied on under execution or other legal process; any petition shall be filed by or against Tenant to declare Tenant a bankrupt or to delay, reduce or modify Tenant’s debts or obligations, or to reorganize or modify Tenant’s capital structure; Tenant is declared insolvent according to law; any assignment of Tenant’s property shall be made for the benefit of creditors; or a receiver or trustee is appointed for Tenant or its property and such levy, execution, legal process, petition, declaration, assignment or appointment is not to exceed a total of removed or vacated within sixty (60) days from the date of Landlord’s noticeits creation, service or filing; (ge) Tenant’s breach Tenant shall vacate or abandon the Premises for a period of thirty (30) or more continuous days at any time during the same provision of this LeaseTerm, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and unless (i) Failure Tenant gives Landlord thirty (30) days’ prior written notice of any its intent to vacate the Premises and (ii) Tenant complies with all other terms of the guarantors Lease, including the payment of Rent and the maintenance of insurance; or (f) Tenant, if a corporation, shall cease to fulfill exist as a corporation in good standing in the terms and conditions state of the Guaranty its incorporation, or the breach of the Guaranty by one of the GuarantorsTenant, if a partnership or other entity, shall be dissolved or otherwise liquidated.

Default by Tenant. The Each of the following will be events shall constitute an Event of default Default by Tenant under this Lease: (a) Failure The failure to pay when due any installment of Rent Minimum Rent, Excess Real Estate Taxes, Excess Operating Costs, Additional Rent, or any other payment required pursuant to this Lease within sum of money when due and such failure continues for a period of five (5) days of due dateafter written notice; provided, however, that Landlord shall not be required to give such notice more than two times in any calendar year; (b) An unpermitted assignment or other transfer of this Lease or any interest therein, or an unpermitted subletting or transfer of all or any part of the Demised Premises; (c) The filing commencement by or against Tenant, or any guarantor of Tenant’s obligations under this Lease (“Guarantor”), of any voluntary or involuntary bankruptcy, insolvency, receivership or similar proceedings under any state or federal law and, in the event of any involuntary proceeding, such proceeding is not terminated or discharged within thirty (30) days after commencement; (d) An assignment for the benefit of creditors by Tenant or Guarantor, the appointment of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of Tenant or Guarantor, or the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations insolvency of Tenant under this Lease (each, a “or Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination A levy or dissolution of execution upon or against Tenant or any Guarantor, or, if Tenant Guarantor or any Guarantor is a natural person, of its or their assets whether or not located upon or at the death of Tenant or such GuarantorDemised Premises; (f) Failure the use of the Demised Premises for a use or purpose other than the Permitted Use and such conduct continues for a period of three (3) business days after Tenant’s receipt of written notice; (g) Tenant fails to cure the breach of comply with or breaches any provision of this Lease pertaining to the Building or the Common Areas and that conduct continues for a period of five (5) days after Tenant’s receipt of written notice; (h) Tenant acts or fails to act in any manner which materially interferes with other tenants or occupants of the Building or The Neshaminy Interplex, which creates a risk of imminent bodily injury or death, or which creates a risk of substantial damage to property and that conduct or failure to act continues for a period of two (2) days after Tenant’s receipt of written notice; (i) Tenant acts or fails to act in a manner which constitutes a nuisance or which interferes with the occupancy, use or enjoyment of premises leased by other tenants or occupants of the Building or The Neshaminy Interplex and such actions or omissions continue for a period of two (2) business days after Tenant’s receipt of written notice; (j) the use of the Demised Premises or the Common Areas in violation of any applicable law, ordinance, code, rule or regulation and such conduct, omission or use continues for a period of two (2) business days after written notice; and (k) except where a shorter period of time is specified elsewhere in this Lease, the failure to comply with any other lease or agreement Landlord provision of this Lease and Tenant are that failure continues for a party to, other than the obligation to pay Rent, within period of twenty (20) days after notice thereof to Tenantwritten notice; provided, however, that if if, despite due diligence, such breach failure cannot be cured within such 20 this twenty (20) day period using diligent efforts and period, Tenant promptly commenced efforts shall have an additional ten (10) days to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for failure so long as Tenant continues to use diligent efforts to cure, not to exceed a total has promptly commenced and is diligently pursuing the correction of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantorssuch default.

Default by Tenant. The following will Any other provisions of this Lease to the contrary notwithstanding, it shall be events deemed to be an “Event of default by Tenant Default” under this Lease: Lease if: (a) Failure Tenant fails to pay when due any installment of Rent which is due and payable hereunder by Tenant and such failure continues for a period of thirty (30) after Tenant’s receipt of notice thereof from Landlord, or any other payment required pursuant to this Lease within five (5) days of due date; (b) The filing Tenant fails to keep, observe or perform any other term, covenant or condition of a petition this Lease to be kept, observed or performed by Tenant and such failure continues after Tenant’s receipt of notice of default thereof from Landlord for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission more than thirty (30) days, provided that it if the same cannot meet its financial obligations be cured within thirty (30) days, then within such additional time, if any, as they become dueis reasonably necessary to complete such cure, provided that Tenant has commenced such cure within the initial thirty (30) day period and diligently pursues such cure to completion, or (c) Tenant and/or Bloom Energy Corporation shall (i) voluntarily be adjudicated a bankrupt or insolvent; (ii) consent to the appointment or of a receiver or trustee for all itself or substantially all for any of the assets of TenantPremises or Improvements; (iii) file a petition in each of bankruptcy, or a petition or answer seeking reorganization under the foregoing casesFederal Bankruptcy Code, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicablea petition seeking relief under any other debtor relief law; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease or (each, iv) file a “Guarantor”); (c) A transfer in fraud of creditors or an general assignment for the benefit of creditors, whether by Tenant ; or any Guarantor; (d) The filing a court shall enter an order, judgment, or imposition decree (i) appointing, with or without the voluntary consent of Tenant, a lien receiver or trustee for Tenant and/or Bloom Energy Corporation or for the Premises or Improvements; or (ii) adjudicating Tenant and/or Bloom Energy Corporation bankrupt or approving a petition filed against the Premises, the Buildings or the Property as a result of any act or omission Tenant and/or Bloom Energy Corporation which seeks reorganization of Tenant and/or Bloom Energy Corporation under the Federal Bankruptcy Code or seeks relief under any judgment or debtor relief law, and the failure of Tenant to satisfy such order, judgment, or bond the lien decree shall remain in its entirety within thirty force, undischarged or unstayed, ninety (3090) days after receipt of notice of same; it is entered or (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, abandons the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision Premises. For purposes of this Lease, other than abandonment shall be deemed to have occurred if Tenant ceases business operations at the obligation to pay Rent, more than twice (2) in any Premises for a period of twelve (12) month period; (h) Failure consecutive months or otherwise after vacating the Premises unequivocally evidences an intention to deliver, maintain or restore abandon indefinitely the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the GuarantorsProject.

Default by Tenant. The following will be events 44 A. In the event of default by (i), (ii), (iii), (iv) or (v) below, Landlord may serve a ten (10) days' 45 Notice of cancellation of this Lease upon Tenant, and upon the expiration of said ten (10) days, this 1 Lease and the term hereunder shall end and expire as fully and completely as if the date of expiration of 2 such ten (10) day period were the day herein definitely fixed for the end and expiration of this Lease and 3 the term thereof and Tenant under shall then quit and surrender the Demised Premises to Landlord but Tenant 4 shall remain liable as hereinafter provided: 5 (i) Tenant defaults in fulfilling any of the covenants of this Lease: (a) Failure to pay when due any installment , other than 6 the covenants for the payment of Fixed Rent, Percentage Rent or Additional Rent or any other payment required pursuant to this Lease within five (5) days of due date; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission other 7 covenants for which a different (or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant no) notice and/or cure period applies under this Lease (each8 Section 20.01A or 20.01B, then, upon Landlord serving a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof days' Notice upon Tenant 9 specifying the nature of said default, and upon the expiration of said twenty (20) days, if Tenant shall 10 have failed to Tenant; providedcomply with or remedy such default, however, or if the said default shall be of such a nature that if such breach the 11 same cannot be completely cured or remedied within said twenty (20) day period, and Tenant shall not 12 have diligently commenced curing such default within such 20 twenty (20) day period using diligent efforts and Tenant promptly commenced efforts shall not 13 thereafter with reasonable diligence and in good faith proceed to remedy or cure such breach upon receipt of Landlord’s notice thereofdefault, then such in 14 order to exercise the remedy set forth above in this Section 20.01A Landlord shall give to Tenant a 15 second Notice in bold type specifying a cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, date not to exceed a total of sixty less than twenty (6020) days from the date of Landlord’s notice;the 16 giving of such second Notice, and Tenant shall have failed to cure or remedy such default by the date set 17 forth in such second Notice (or if such default shall be of a nature that the same cannot be completely 18 cured or remedied within such second twenty (20) day period, and Tenant shall not have diligently 19 commenced curing such default within such twenty (20) day period and shall not thereafter with 20 reasonable diligence and in good faith proceed to remedy or cure such default, provided that in no event 21 shall Tenant be entitled to an extension of the initial 20 day cure period for any default in its reporting 22 obligations hereunder; or 23 (gii) Tenant shall default in the payment of the first payment of the Estimated 24 Tenant’s breach Expense Payment following delivery to Tenant of an Expense Estimate or a Revised Estimate or 25 Tenant’s PILOT Payment following delivery to Tenant of a PILOT Statement or a PILOT Estimate 26 Statement (each such first payment, an “Initial Estimated Payment”), or any other payment(s) of 27 Additional Rent (other than Estimated Tenant’s Expense Payments, Fixed Expense Payments and 28 Tenant’s PILOT Payments) which are in the aggregate equal at least $250,000, for more than thirty (30) 29 days after Notice from Landlord of such default, then in order to exercise the remedy set forth above in 30 this Section 20.01A Landlord shall give to Tenant a second Notice in bold type specifying a cure date not 31 less than thirty (30) days from the date of the same provision giving of this Leasesuch second Notice in which to cure such default, other than 32 and Tenant shall have failed to cure such default by the obligation to pay date set forth in such second Notice; or 33 (iii) Tenant shall default in the payment of Fixed Rent, Percentage Rent, 34 Estimated Tenant’s Expense Payments, Fixed Expense Payments or Tenant’s PILOT Payment (except for 35 Initial Estimated Payments) for more than twice ten (210) days after Notice from Landlord of such default, then 36 in any twelve order to exercise the remedy set forth above in this Section 20.01A Landlord shall give to Tenant a 37 second Notice in bold type specifying a cure date not less than ten (1210) month period; (h) Failure to deliver, maintain or restore days from the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any date of the guarantors giving of 38 such second Notice in which to fulfill cure such default, and Tenant shall have failed to cure such default by the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.39 date set forth in such second Notice; or

Default by Tenant. The occurrence of any of the following will be events shall constitute a breach of and default under this Lease by Tenant: 19.1 Failure by Tenant under to pay any amount (including, without limitation, monthly installments of Base Rent and Additional Rent) when and as same become payable in accordance with the provisions of this Lease: (a) Failure to pay when due any installment of Rent or any other payment required pursuant to this Lease within five (5) days of due date; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing casesto duly, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to promptly and completely perform any party guaranteeing the obligations obligation of Tenant under this Lease Section 14 or 16 above, and continuation of such failure for a period of three (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (303) days after receipt written notice from Landlord to Tenant specifying the nature of notice such failure. 19.2 Failure by Tenant in the due, prompt and complete performance or observance of same; (e) The liquidationany other express or implied covenant, termination agreement or dissolution obligation of Tenant or any Guarantorcontained in this Lease, or, if Tenant or any Guarantor is and the continuation of such failure for a natural person, the death of Tenant or such Guarantor; period often (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (2010) days after written notice thereof from Landlord to TenantTenant specifying the nature of such failure; provided, however, that if any such breach failure not involving a hazardous condition is curable, but cannot reasonably be cured within such 20 day period using diligent efforts and period, Tenant shall not be deemed to be in default hereunder if Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then commences such cure within such period shall and thereafter diligently pursues such cure to completion within a reasonable time, but in no event more than thirty (30) days after such notice. 19.3 Tenant's vacating or abandoning of the Premises. 19.4 Any financial statement or any representation given to Landlord by Tenant, or any assignee, sublessee, other transferee or successor of Tenant or any guarantor of this Lease, proves to be extended materially false or misleading. 19.5 The insolvency of Tenant, the making by Tenant of any assignment for so long as the benefit of creditors; the filing by or against Tenant continues of a petition to use diligent efforts have Tenant adjudged bankrupt or of a petition for reorganization or arrangement under any law relating to curebankruptcy, not to exceed insolvency or creditor's rights in general (unless in the case of a total of petition filed against Tenant, the same is dismissed within sixty (60) days from days); the date appointment of Landlord’s notice; (g) a trustee or receiver to take possession of all or a substantial part of Tenant’s breach 's assets or of the same provision of Tenant's interest under this Lease, other than the obligation to pay Rent, more than twice where such seizure is not discharged within thirty (230) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure days. The occurrence of any of the guarantors acts or events referred to fulfill the terms and conditions in this subsection with respect to any guarantor of the Guaranty this Lease shall also constitute a default hereunder. 19.6 The attachment, execution or the breach other judicial seizure of the Guaranty by one a substantial portion of the GuarantorsTenant's assets or of Tenant's interest in this Lease, where such seizure is not discharged within thirty (30) days.

Default by Tenant. The occurrence of any one or more of the following will be events shall constitute an “Event of default Default” by Tenant under this Lease: (a) Failure of Tenant to timely pay when due any installment of Rent rent or any other payment required pursuant to amounts payable under this Lease as and when first due and payable; provided, however, that Landlord will give Tenant written notice and an opportunity to cure any failure to pay Rent within five (5) 5 business days of due dateany such written notice not more than twice in any 12 month period; (b) The filing Failure of a petition for bankruptcy Tenant to perform, observe or insolvency under comply with any applicable federal negative covenant or state bankruptcy or insolvency law; an adjudication agreement set forth in Section 4.8 of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become duethis Lease; (c) Failure of Tenant to perform, observe, or the appointment or a receiver or trustee for all or substantially all comply with any of the assets of Tenant; terms, covenants, conditions or provisions contained in each of this Lease including, without limitation, the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointmentBuilding Rules, as applicable; the foregoing same may be reasonably modified from time to time (other than covenants to pay rent, which shall also apply be governed by (a) above) if such failure or default is not cured to any party guaranteeing Landlord’s satisfaction within thirty (30) calendar days after Landlord has given Tenant written notice thereof or such longer period as may reasonably be required, provided that Tenant shall commence to cure such default within said thirty (30) day period and thereafter diligently prosecute the obligations same to conclusion; (d) The interest of Tenant under this Lease (each, a “Guarantor”)shall be levied on under execution or other legal process; (ce) A transfer Any petition in fraud bankruptcy or other insolvency proceedings shall be filed by or against Tenant or any guarantor of creditors this Lease, or any petition shall be filed or other action taken to declare Tenant or any such guarantor a bankrupt or to delay, reduce or modify Tenant’s or any such guarantor’s debts or obligations or to reorganize or modify Tenant’s or any such guarantor’s capital structure of indebtedness or to appoint a trustee, receiver or liquidator of Tenant or such guarantor or of any property of Tenant or such guarantor, or any proceeding or other action shall be commenced or taken by any governmental authority for the dissolution or liquidation of Tenant or any such guarantor; or (i) Tenant shall become insolvent or otherwise fail to pay its monetary obligations in due course as they mature, or (ii) Tenant shall make an assignment for the benefit of creditors, whether by or (iii) a receiver or trustee shall be appointed for Tenant or any Guarantor; of its properties and not discharged within five (d5) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the GuarantorsBusiness Days.

Default by Tenant. (a) The following will events shall be deemed to be events of default by Tenant under this Lease:Lease (hereinafter called an “Event of Default”): (a1) Failure Tenant shall fail to timely pay when due any installment Rent and such failure shall continue for a period of Rent ten (10) Business Days after written notice of such default shall have been received by Tenant; (2) Tenant shall fail to comply with any terms, provisions or covenants of this Lease or any other agreement between Landlord and Tenant not requiring the payment required pursuant to this Lease within five of Rent, all of which terms, provisions and covenants shall be deemed material, and such failure shall continue for a period of thirty (530) days after written notice of due datesuch failure is delivered to Tenant or, if such failure cannot reasonably be cured within such thirty (30) day period, Tenant shall fail to commence to cure such failure within such thirty (30) day period and/or shall thereafter fail to prosecute such cure diligently and continuously to completion; (b3) The filing of Tenant takes any action to, or notifies Landlord that Tenant intends to, file a petition for bankruptcy or insolvency under any applicable federal section or state bankruptcy or insolvency law; an adjudication chapter of bankruptcy or insolvency or an admission that it cannot meet its financial obligations the United States Bankruptcy Code, as they become dueamended from time to time, or under any similar Law of the appointment United States or any state thereof; or a petition shall be filed against Tenant under any such statute and shall not be dismissed within sixty (60) days thereafter; or (4) a receiver or trustee shall be appointed for Tenant’s leasehold interest in the Premises or for all or substantially all a substantial part of the assets of Tenant; . (b) Upon the occurrence of any Event of Default arising under Section 26(a) only, Landlord may, at its option and without further notice to Tenant and with only such judicial/legal process as is required by the Laws, in each addition to all other remedies given hereunder or by Laws or equity, do any one or more of the foregoing casesfollowing: (1) terminate this Lease, in which event Tenant shall immediately surrender possession of the Premises to Landlord; (2) if not dismissed within 30 days Landlord recovers possession of the Premises in accordance with appropriate legal action, Landlord may: (i) enter upon and take possession of the Premises and expel or remove Tenant therefrom, with or without having terminated this Lease; and (ii) remove from the Premises any furniture, fixtures, equipment or other personal property of Tenant, without liability for trespass or conversion, and store such items either in the Complex or elsewhere at the sole cost of Tenant and without liability to Tenant and any of such filingfurniture, adjudicationfixtures, admission equipment or appointmentpersonal property not claimed within the time period prescribed by the Laws shall be deemed abandoned. Notwithstanding anything to the contrary set forth in this Lease, in no event will Landlord exercise the remedies set forth in this Section 26(b) for an Event of Default arising under Section 26(a)(2) unless such Event of Default significantly and detrimentally affects the value of the Property, as applicablereasonably determined by Landlord in good faith. (c) Exercise by Landlord of any one or more remedies hereunder shall not constitute forfeiture or an acceptance of surrender of the Premises by Tenant, it being understood that such surrender can be effected only by the written agreement of Landlord and Tenant. (d) If Landlord terminates this Lease by reason of an Event of Default arising under Section 26(a) only, Tenant shall pay to Landlord the sum of: (i) the cost of recovering the Premises; (ii) the foregoing shall also apply cost of repairing any damage to the Premises; (iii) the cost of preparing the Premises for a replacement tenant; (iv) any party guaranteeing the obligations of amounts owed by Tenant under this Lease that have accrued but not been paid; and (each, a “Guarantor”);v) any actual other damages or relief which Landlord may be entitled to at law or in equity. (ce) A transfer in fraud If Tenant should fail to make any payment, perform any obligation, or cure any default hereunder within ten (10) days after receipt of creditors written notice thereof, Landlord, without obligation to do so and without thereby waiving such failure or an assignment default, may make such payment, perform such obligation, and/or remedy such other default for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission account of Tenant (and enter the failure of Premises for such purpose), and Tenant to satisfy or bond the lien in its entirety shall, within thirty (30) days after receipt following written demand, pay all costs, expenses and disbursements (including reasonable attorneys’ fees) incurred by Landlord in taking such remedial action, plus, at the option of notice of same; (e) The liquidationLandlord, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, interest thereon at the death of Tenant or such Guarantor;Default Rate. (f) Failure Nothing in this Lease will be construed as imposing any duty upon Landlord to cure relet the breach Premises. Whether or not the Laws of the State impose on Landlord a duty to mitigate damages as a result of an Event of Default, Landlord’s duty will be satisfied in full if Landlord undertakes to lease the Premises to another tenant (a “Substitute Tenant”) in accordance with the following criteria: (a) Landlord will have no obligation to solicit or entertain negotiations with any other prospective tenants for the Premises until Landlord obtains full and complete possession of the Premises including, without limitation, the final and unappealable legal right to relet the Premises free of any provision claim of this Lease or any other Tenant; (b) Landlord will not be obligated to lease or agreement show the Premises on a priority basis, or offer the Premises to a prospective tenant when other space in the Building suitable for the prospective tenant’s use is (or soon will be) available; (c) Landlord and will not be obligated to lease the Premises to a Substitute Tenant are for a party to, other Base Rent less than the obligation current fair market Base Rent then prevailing for similar uses in comparable buildings in the same market area as the Building, nor will Landlord be obligated to pay Rent, within twenty enter into a new lease under other terms and conditions that are unacceptable to Landlord under Landlord’s then current leasing policies for comparable space in the Building; (20d) days after notice thereof to Tenant; provided, however, that if such breach canLandlord will not be cured within obligated to enter into a lease with a Substitute Tenant whose use would (i) violate any restriction, covenant, or requirement contained in the lease of another tenant of the Building; (ii) adversely affect the reputation of the Building; or (iii) be incompatible with other uses of the Building; (e) Landlord will not be obligated to enter into a lease with any proposed Substitute Tenant that does not have, in Landlord’s reasonable opinion, sufficient financial resources to operate the Premises in a first class manner; and (f) Landlord will not be required to expend any amount of money to alter, remodel, or otherwise make the Premises suitable for use by a proposed Substitute Tenant unless: (i) Tenant pays any such 20 day period using diligent efforts and Tenant promptly commenced efforts sum to cure such breach upon receipt Landlord in advance of Landlord’s notice thereofexecution of a lease with the proposed Substitute Tenant (which payment will not be in lieu of any damages or other sums to which Landlord may be entitled as a result of Tenant’s default under this Lease); or (ii) Landlord, then in Landlord’s reasonable discretion, determines that any such cure period shall be extended for so long expenditure is financially justified in connection with entering into a lease with the prospective Substitute Tenant; and (f) Tenant hereby waives any right to assert, claim or allege that Landlord has not fulfilled its duty to mitigate damages as Tenant continues to use diligent a result of an Event of Default if Landlord’s efforts to cure, not to exceed a total mitigate are in compliance with the provisions of sixty (60) days from the date of Landlord’s notice;this Section 26. (g) Tenant’s breach Tenant will reimburse and compensate Landlord on demand and as Additional Rent for any actual loss Landlord incurs in connection with, resulting from or related to any Event of the same provision Default of Tenant under this Lease, regardless of whether suit is commenced or judgment is entered. Such loss includes all reasonable and actual legal fees, costs and expenses (including paralegal fees, expert fees, and other than professional fees and expenses) Landlord incurs investigating, negotiating, settling or enforcing any of Landlord’s rights or remedies under this Lease. In addition to the obligation foregoing, Landlord is entitled to pay Rentreimbursement of all of Landlord’s actual and reasonable fees, more than twice expenses and damages, including, but not limited to, reasonable attorneys’ fees and paralegal and other professional fees and expenses, Landlord incurs in connection with any bankruptcy or insolvency proceeding involving Tenant including, without limitation, any proceeding under any chapter of the Bankruptcy Code; by exercising and advocating rights under Section 365 of the Bankruptcy Code; by proposing a plan of reorganization and objecting to competing plans; and by filing motions for relief from stay. Such fees and expenses set forth in this Section 26(g) are payable within thirty (230) in any twelve (12) month period;days following Landlord’s invoice to Tenant with reasonable supporting documentation. (h) Failure to deliver, maintain or restore Tenant waives and releases all Claims Tenant may have resulting from Landlord’s re-entry and taking possession of the Security Deposit Premises pursuant to this Section 11.2 hereof within 26 by appropriate legal proceedings and removing, storing or disposing of Tenant’s property as permitted under this Lease, regardless of whether this Lease is terminated and, to the timeframes provided; andfullest extent allowable under the Laws. No such re-entry is to be considered or construed as a forcible entry by Landlord. (i) Failure If, except for written notice as may be required by this Lease and the passage of any time, Landlord would have the right under the provisions of this Lease to cure a default of Tenant and the guarantors default is one wherein an emergency situation exists, then Landlord may cure the default to fulfill the terms and conditions extent reasonably necessary under the circumstances without the need to provide the otherwise required notice and/or to await the otherwise prescribed time. (j) In no instance will Tenant be liable to Landlord for special or punitive damages for a failure to perform or an Event of the Guaranty or the breach of the Guaranty by one of the GuarantorsDefault under this Lease.

Default by Tenant. The (a) Any of the following will be events shall constitute events of default by Tenant under this Lease: (ai) Failure T▇▇▇▇▇’s failure to pay any rent or other sum payable hereunder when due any installment of Rent or any other payment required pursuant to this Lease within five (5) days of due datedue; (bii) The filing Tenant’s failure to perform any of the other terms, covenants, agreements or conditions contained herein (other than Tenant’s breach of Paragraph 12(a) or Paragraph 17 as to which no cure period shall apply) and, if the default is curable, the continuation of such default for a petition period of thirty (30) days after notice by Landlord or beyond the time reasonably necessary for cure if the default is of the nature to require more than thirty (30) days to remedy, but in any event, within sixty (60) days following L▇▇▇▇▇▇▇’s notice, provided that if T▇▇▇▇▇ has defaulted in the performance of the same obligation more than one time in any twelve-month period and notice of such default has been given by Landlord in such instance, no cure period shall thereafter be applicable hereunder; (iii) the bankruptcy or insolvency under of Tenant, any applicable federal or state bankruptcy or insolvency law; an adjudication transfer by T▇▇▇▇▇ in fraud of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become duecreditors, assignment by Tenant for the benefit of creditors, or the commencement of any proceedings of any kind by or against Tenant under any provision of the Federal Bankruptcy Act or under any other insolvency, bankruptcy or reorganization act unless, in the event any such proceedings are involuntary, Tenant is discharged from the same within sixty (60) days thereafter; the appointment or of a receiver or trustee for all or substantially all a substantial part of the assets of Tenant; in each or the levy upon this Lease or any estate of Tenant hereunder by any attachment or execution; or (iv) the abandonment of the foregoing casesPremises. (b) Upon the occurrence of any event of default by Tenant hereunder, Landlord may, at its option and without any further notice or demand, in addition to any other rights and remedies given hereunder or by law, do any of the following: (i) Landlord shall have the right, so long as such default continues, to give notice of termination to Tenant, and on the date specified in such notice this Lease shall terminate. (ii) In the event of any such termination of this Lease, Landlord may then or at any time thereafter, reenter the Premises and remove therefrom all persons and property and again repossess and enjoy the Premises, without prejudice to any other remedies that Landlord may have by reason of Tenant’s default or of such termination. (iii) In the event of any such termination of this Lease, and in addition to any other rights and remedies Landlord may have, Landlord shall have all of the rights and remedies of a landlord provided by Section 1951.2 of the California Civil Code. The amount of damages which Landlord may recover in event of such termination shall include, without limitation, (i) the worth at the time of award (computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent) of the amount by which the unpaid rent for balance of the term after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided, (ii) all legal expenses and other related costs incurred by Landlord following Tenant’s default, (iii) all costs incurred by Landlord in restoring the Premises to good order and condition, or in remodeling, renovating or otherwise preparing the Premises for reletting, and (iv) all costs (including, without limitation, any brokerage commissions) incurred by Landlord in reletting the Premises. (iv) Landlord shall also have the remedy described in California Civil Code Section 1951.4 (lessor may continue the lease in effect after l▇▇▇▇▇’s breach and abandonment and recover rent as it becomes due, if not dismissed within 30 days l▇▇▇▇▇ has right to sublet or assign, subject only to reasonable limitations). (v) For the purpose of such filingdetermining the unpaid rent in the event of a termination of this Lease, adjudicationor the rent due hereunder in the event of a reletting of the Premises, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under monthly rent reserved in this Lease shall be deemed to be the sum of the rental due under Paragraph 3 above and the amounts last payable by Tenant pursuant to Paragraph 4 above and any “free rent” (each“free rent”) or rent waived or abated by Landlord as an inducement for Tenant to enter into this Lease. (vi) Landlord’s acceptance of payment from Tenant of less than the amount of rent then due shall not constitute a waiver of any rights of Landlord or Tenant including, without limitation, any right of Landlord to recover possession of the Premises. (vii) After terminating this Lease, Landlord may remove any and all personal property located in the Premises and place such property in a “Guarantor”);public or private warehouse or elsewhere at the sole cost and expense of Tenant. (c) A transfer Even though T▇▇▇▇▇ has breached this Lease and abandoned the Premises, this Lease shall continue in fraud effect for so long as Landlord does not terminate Tenant’s right to possession, and Landlord may enforce all its rights and remedies under this Lease, including the right to recover rental as it becomes due under this Lease. Acts of creditors maintenance or an assignment for preservation, efforts to relet the benefit Premises, or the appointment of creditorsa receiver upon initiative of Landlord to protect Landlord’s interest under this Lease, whether by Tenant or any Guarantor;shall not constitute a termination of Tenant’s right to possession. (d) The filing Tenant hereby waives all rights under California Code of Civil Procedure Section 1179 and California Civil Code Section 3275 providing for relief from forfeiture, and any other right now or imposition of a lien against hereafter existing to redeem the Premises, the Buildings Premises or the Property as a result reinstate this Lease after termination pursuant to this Paragraph 13 or by order or judgment of any act court or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same;by any legal process. (e) The liquidationLandlord and Tenant hereby waive trial by jury in any action, termination proceeding or dissolution counterclaim brought by either of Tenant the parties hereby against the other on any matters not relating to personal injury or property damage but otherwise arising out of or in any Guarantor, or, if Tenant or any Guarantor is a natural personway connected with this Lease, the death relationship of Tenant Landlord and Tenant, T▇▇▇▇▇’s use or such Guarantor;occupancy of the Premises, and any statutory remedy. (f) Failure to cure the breach of any provision of The remedies provided for in this Lease or are in addition to any other lease remedies available to Landlord at law or agreement Landlord and Tenant are a party toin equity, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain by statute or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantorsotherwise.

Default by Tenant. The a. Any of the following will be events shall constitute events of default by Tenant under this Lease: (a1) Failure Tenant’s failure to pay when due any installment of Base Rent or any other payment required pursuant to sum payable under this Lease within five (5) days of due datewhen due; (b2) The filing of a petition for the bankruptcy or insolvency under of Tenant, any applicable federal or state bankruptcy or insolvency law; an adjudication transfer by Tenant in fraud of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become duecreditors, assignment by Tenant for the benefit of creditors, or the commencement of any proceedings of any kind by or against Tenant under any provision of Title 11 of the United States Code, or its successor (the “Bankruptcy Code”) or under any other insolvency, bankruptcy or reorganization act unless, in the event any such proceedings are such proceedings are dismissed within 60 days thereafter; the appointment or of a receiver or trustee for all or substantially all a substantial part of the assets of Tenant; in each of or the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission levy upon this Lease or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations estate of Tenant under this Lease (each, a “Guarantor”)by any attachment or execution; (c3) A transfer in fraud the abandonment of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor;Premises; or (d4) The filing Tenant’s failure to perform any of the other terms, covenants, agreements or imposition conditions contained herein (other than Tenant’s breach of a lien against paragraph 12(a) or Section 17 as to which no cure period shall apply) and, if the Premisesdefault is curable, the Buildings or the Property as continuation of such default for a result period of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt notice by Landlord or beyond the time reasonably necessary for cure if the default is of notice of same; the nature to require more than thirty (e30) The liquidationdays to remedy, termination or dissolution of Tenant or but in any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rentevent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of following Landlord’s notice; (g) Tenant’s breach , provided that if Tenant has defaulted in the performance of the same provision obligation more than one time in any twelve-month period and notice of such default has been given by Landlord in such instance, no cure period shall thereafter be applicable under this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.

Default by Tenant. The following will a. Tenant shall be events considered to be in default, if Tenant, at any time during the Term of default by Tenant under this Lease, shall: (ai) Failure Fail to pay when due any installment of Rent Base Rent, Additional Rent, or any other payment required pursuant sum specifically to this Lease be paid by Tenant hereunder without demand, and such default shall not have been cured within five (5) days of due date;after Landlord shall have given to Tenant written notice specifying such default; or (bii) The filing Fail in the observance or performance of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of ’s other covenants hereunder (other than the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply covenant to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant pay Base Rent and Additional Rent or any Guarantor; other sum herein specified to be paid by Tenant) and such default shall not have been cured within fifteen (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (3015) days after receipt of Landlord shall have given to Tenant written notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or specifying such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenantdefault; provided, however, that if such breach the default cannot be completely remedied or cured within such 20 fifteen (15) day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereofperiod, then such default shall not be enforceable for the purposes of this Paragraph if Tenant commences curing such default within such fifteen (15) day period and proceeds with reasonable diligence and in good faith to remedy the default (provided that such cure period shall must be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of completed within sixty (60) days from the date of Landlord’s such notice;); or (giii) Tenant’s breach Abandon the Premises, without notice to Landlord, and fails to pay its rental obligations set forth hereunder during any period of abandonment; or (iv) Fail to comply with Paragraph 23 of this Lease during the allotted time period and such default shall not have been cured within five (5) business days after Landlord shall have given to Tenant written notice specifying such default; or (v) (A) Be adjudicated bankrupt or insolvent, (B) Apply for or consent to the appointment of a receiver, trustee, or liquidator of Tenant or of all or a substantial part of its assets, (C) File a petition or an answer seeking a reorganization or an arrangement with creditors, or seek to take advantage of any insolvency law, (D) Make an assignment for the benefit of its creditors, (E) Suffer an order to be entered approving a petition filed against Tenant seeking reorganization of Tenant under the Federal Bankruptcy Laws or any other applicable law or statute of the same provision United States thereof, or (F) Perform any other act of this Leasebankruptcy. b. Upon the occurrence of an event of default, Landlord shall have the option to pursue any one or more of the following remedies, with or without notice or demand, in addition to any other than the obligation remedies available to pay Rent, more than twice (2) Landlord at law or in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; andequity: (i) Failure To give Tenant written notice that this Lease is terminated on the date of such given notice or any later date specified therein; and on such specified date, Tenant's right to possession of the guarantors Premises shall cease and this Lease shall thereupon be terminated, except for the sole purpose of retrieving Tenant’s property. (ii) To elect to fulfill waive such default and continue this Lease as if such event of default had not occurred, provided that Tenant shall pay to Landlord all late charges as provided herein, or, if the terms and conditions default is other than for failure to pay rent, an administrative charge of the Guaranty or the breach of the Guaranty by one of the Guarantorstwenty dollars ($20.00). Said administrative charge shall apply to each such default.

Default by Tenant. The 20.1 Each of the following will be events is an "Event of default by Tenant under this LeaseDefault": (a1) Failure Any failure by Tenant to pay Rent on the due date unless such failure is cured within 5 business days after notice by Landlord; however, Tenant is not entitled to more than 2 notices of delinquent payments during any calendar year and, if thereafter during such calendar year any Rent is not paid when due any installment due, an Event of Rent or any other payment required pursuant to this Lease within five (5) days of due dateDefault shall automatically occur; (b2) The filing of a petition for bankruptcy Tenant vacates (other than temporary vacation during which period Tenant is engaged in trying to relet the Premises) or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it canabandons the Premises (as evidenced by vacating the Premises with the intent by Tenant not meet its financial obligations as they become due, or to be bound by the appointment or a receiver or trustee for all or substantially all terms of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointmentLease, as applicable; evidenced by a breach of any of its other obligations under the foregoing shall also apply to any party guaranteeing Lease, including the obligations payment of Tenant under this Lease (each, a “Guarantor”Rent); (c3) A transfer This Lease or Tenant's interest is transferred whether voluntarily or by operation of law except as permitted in fraud Section 14; (4) This Lease or any part of creditors the Premises is taken by process of law against Tenant and is not released within 15 days after a levy; (5) Commencement by Tenant of a proceeding under any provision of federal or state law relating to insolvency, bankruptcy, or reorganization ("Bankruptcy Proceeding"); (6) Commencement of a Bankruptcy Proceeding against Tenant, unless dismissed within 60 days after commencement; (7) The insolvency of Tenant or execution by Tenant of an assignment for the benefit of creditors, whether by Tenant ; or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant generally to satisfy pay its debts as they mature, or bond the lien in its entirety within thirty (30) days after receipt occurrence of notice any of samethe foregoing with respect to any Guarantor, if any, of Tenant's obligations; (e) 8) The liquidation, termination admission in writing by Tenant (or dissolution any general partner of Tenant if Tenant is a partnership), that it is unable to pay its debts as they mature or it is generally not paying its debts as they mature; (9) Tenant fails to take possession of the Premises by the 90th day following the Commencement Date (which deadline may be extended by delays beyond the reasonable control of Tenant, provided that Tenant is proceeding with due diligence to complete the Finish Work and move into the Premises); (10) Tenant fails to perform any Guarantor, of its other obligations and non-performance continues for 30 days after notice by Landlord or, if such performance cannot be reasonably had within such 30 day period, Tenant or any Guarantor is a natural person, the death of Tenant or does not in good faith commence performance within such Guarantor; (f) Failure 30 day period and diligently proceed to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenantcompletion; provided, however, that if such breach cannot Tenant's failure would constitute a violation of Applicable Law and Landlord would be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts subject to fines or penalties or use of the Building Complex by another tenant would be adversely affected, Tenant's right to cure such breach upon receipt of Landlord’s notice thereof, then such cure shall not exceed the period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s noticeprovided by Applicable Law; (g11) Tenant’s breach Any event which is expressly defined as or deemed an Event of the same provision Default under Sections 9 and 27.22 of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.

Default by Tenant. (a) The following will shall be deemed to be events of default by Tenant under this Lease: Lease (aeach, a “Tenant Default”): (i) Failure Tenant shall fail to pay when due any installment of Rent or any other payment required pursuant to this Lease within five twenty (520) days after Tenant’s receipt of due date; written notice of nonpayment thereof (ba “Monetary Default”); or (ii) The filing Tenant shall fail to comply with any term, provision or covenant of this Lease, other than the payment of Rent, and the failure is not cured within thirty (30) days after Tenant’s receipt of written notice thereof, or such longer period as may be reasonable under the circumstances so long as Tenant commences to cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completion (a “Non-Monetary Default”); or (iii) Tenant shall file a petition for bankruptcy or insolvency be adjudged bankrupt or insolvent under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment law or a receiver or trustee shall be appointed for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission Tenant or appointment, as applicable; the foregoing Tenant shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, make a “Guarantor”); (c) A transfer in fraud of creditors or shall make an assignment for the benefit of creditors, whether by creditors and same is not dismissed within ninety (90) days thereafter; or (iv) this Lease or the Tenant’s Leasehold Estate is transferred in violation of the requirements of this Lease. Any permitted assignee or lender (including a Leasehold Mortgagee) may cure any Tenant or any Guarantor;Default hereunder. (db) The filing If Landlord shall claim that Tenant Default exists, Landlord shall have the right, subject to the provisions of Exhibit “F” and any Recognition Agreement executed pursuant to the provisions of this Lease, to institute from time to time an action or imposition actions (i) to recover damages (exclusive of consequential, punitive, or special damages), (ii) for injunctive and/or other equitable relief, or (iii) only in the event of Monetary Default, or a lien against Non-Monetary Default which has resulted or is reasonably likely to result in irreparable and material damage to the Leased Premises, to recover possession of the Buildings or Leased Premises and tenninate this Lease. Notwithstanding the Property as a result of any act or omission of foregoing, Landlord agrees that Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within shall have thirty (30) days after receipt commencement by Landlord of notice any proceedings to file an appropriate pleading in the action initiated by Landlord to contest the claim of same;Tenant Default or to cure such Tenant Default; no action shall be taken by Landlord during such thirty (30) day period to regain possession of the Leased Premises from Tenant or to terminate this Lease. If the Tenant Default is not cured, Landlord’s rights and Tenant’s obligations shall be resolved by the final detennination made by the court in which Landlord’s proceedings were initiated. For purposes hereof, a “final determination” shall occur when the judgment or order entered can be enforced by execution, issuance of a writ of restitution, judicial sale or specific enforcement and no such judgment or order shall be considered final for purposes hereof during the pendency of a stay of execution in connection with an appeal. Notwithstanding anything herein to the contrary, if there is a Monetary Default which arises out of a dispute as to an amount owed or the amount of an offset, this Lease shall not tenninate if Tenant pays to Landlord the amount the court detennines to be owed within the period of time permitted by law, or ten (10) days after such determination if no such grace period is permitted. (ec) The liquidationTenant shall have no personal, termination corporate or dissolution entity liability under this Lease, and in the event of a Tenant Default, (i) the recourse of Landlord against Tenant with respect to any Tenant Default shall extend only to Tenant’s Leasehold Estate, and not to any other assets of Tenant or any Guarantorof its directors, orofficers, if shareholders, employees, agents, constituent partners, members, beneficiaries, trustees or representatives; and (ii) except to the extent of Tenant’s interest in the Leasehold Estate (and the proceeds therefrom), no personal liability or personal responsibility shall be asserted or enforceable against Tenant or any Guarantor is a natural personof its directors, the death of Tenant officers, shareholders, employees, agents, constituent partners, members, beneficiaries, trustees or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach canrepresentatives. The foregoing paragraph shall not be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts applicable to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (gA) Tenant’s breach of the same provision liability under Section 4.02(b) of this Lease, (B) misappropriation of insurance or condemnation proceeds in contravention of this Lease, (C) conversion of Sublease rentals and other than income from the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any operation of the guarantors Leased Premises following a court order to fulfill deliver such amounts to Landlord, (D) willful failure to maintain the terms insurance coverages required of Tenant hereunder, and conditions (E) a sale, transfer, or assignment of this Lease and/or the Guaranty or the breach Leased Premises in contravention of the Guaranty by one of the GuarantorsArticle 9.0 hereof.

Default by Tenant. The following will Tenant shall be events of deemed to be in default by Tenant under this LeaseLease upon the occurrence of any of the following events: (a) Failure Tenant shall fail to pay when due any installment of Rent or any other payment required pursuant to amounts payable under this Lease within five (5) days of due date;Lease; or (b) The filing of a petition for bankruptcy Tenant shall neglect or insolvency under fail to perform or observe any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of other Lease covenants and/or Master Lease covenants to be performed or observed by Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission and Tenant shall fail to remedy this failure or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety neglect within thirty (30) days after receipt of Landlord shall have given to Tenant written notice of same; specifying such neglect or failure (e) The liquidation, termination or dissolution of Tenant or any Guarantor, orwithin such period, if Tenant or any Guarantor is a natural personany, the death of Tenant or such Guarantor; (f) Failure as may be reasonably required to cure the breach such default, if it is of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, such nature that if such breach it cannot be cured within such 20 this thirty (30) day period using diligent efforts provided that Tenant shall have commenced to effect such cure and shall proceed with due diligence to complete such cure); or (c) Tenant shall neglect or fail to perform or observe any of the Lease covenants (including, without limitation, the timely payment of Rent, or any other amounts payable hereunder) and/or Master Lease covenants three or more times in any 12-month period, such third occurrence being agreed between Landlord and Tenant promptly commenced efforts to cure be incurable; or (d) The making by Tenant of any general assignment or general arrangement for the benefit of creditors; or the filing of any action by or against Tenant under any insolvency, bankruptcy, reorganization, moratorium, or other debtor relief statute, whether now or hereafter existing, (unless in the case of such breach upon receipt of Landlord’s notice thereofaction taken against Tenant, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of the same is dismissed within sixty (60) days from days); or the date appointment of Landlord’s notice; (g) a trustee or a receiver to take possession of substantially all of Tenant’s breach 's assets located at the Premises or of the same provision of Tenant's interest in this Lease, where possession is not restored to Tenant within thirty (30) days; or the attachment, execution or other than judicial seizure of substantially all of Tenant's assets located at the obligation Premises or of Tenant's interest in this Lease, where such seizure is not discharged in ten (10) days; or the admission by Tenant in writing of the inability to pay Rent, more than twice (2) in any twelve (12) month period;its debts as they become due; or (he) Failure Any guarantor of Tenant's obligations under this Lease revokes, or attempts to deliverrevoke, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantorssuch guaranty.

Default by Tenant. (a) The following will events shall be deemed to be events of default by Tenant under this Lease:Lease (hereinafter called an "Event of Default"): (a1) Failure Tenant shall fail to timely pay when due any installment Rent and such failure shall continue for a period of Rent or any other payment required pursuant to this Lease within five (5) days after written notice of such default shall have been delivered to Tenant; provided however, once Landlord has given Tenant two (2) such notices during any twelve (12) month period (whether as to one or more than one failures to pay) it shall not be required to give further notice and thereafter the failure or refusal by Tenant to timely make any payment of Rent when due datehereunder within the following twelve (12) months shall be an Event of Default without further notice; (b2) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing Tenant shall also apply fail to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of comply with any provision of this Lease or any other lease or agreement between Landlord and Tenant are a party to, other than not requiring the obligation to pay payment of Rent, within twenty all of which terms, provisions and covenants shall be deemed material, and such failure shall continue for a period of thirty (2030) days after written notice thereof of such failure is delivered to Tenant; providedTenant or, however, that if such breach failure cannot reasonably be cured within such 20 thirty (30) day period using diligent efforts and period, Tenant promptly commenced efforts shall fail to commence to cure such breach upon receipt failure within such thirty (30) day period and/or shall thereafter fail to prosecute such cure diligently and continuously to completion within ninety (90) days of the date of Landlord’s 's notice of default; (3) Tenant or Tenant's general partner takes any action to, or notifies Landlord that Tenant or Tenant's general partner intends to file a petition under any section or chapter of the United States Bankruptcy Code, as amended from time to time, or under any similar law or statute of the United States or any state thereof, then such cure period ; or a petition shall be extended for so long as filed against Tenant continues to use diligent efforts to cure, or Tenant's general partner under any such statute and not to exceed a total of be dismissed within sixty (60) days thereafter; (4) a receiver or trustee shall be appointed for Tenant's leasehold interest in the Premises or for all or a substantial part of the assets of Tenant or Tenant's general partner; (5) Tenant abandons all or any substantial portion of the Premises (although mere vacancy by Tenant shall not alone be an Event of Default); and (6) Tenant shall default in the performance of its obligations under the Tenant Improvements Agreement and such default continues for a period of thirty (30) days following written notice to Tenant. (b) Upon the occurrence of any Event of Default, Landlord may, at its option and without further notice to Tenant and without judicial process, in addition to all other remedies given hereunder or by law or equity, do any one or more of the following: (1) terminate this Lease, in which event Tenant shall immediately surrender possession of the Premises to Landlord; (2) enter upon and take possession of the Premises and expel or remove Tenant therefrom, with or without having terminated this Lease; (3) apply all or any portion of the Security Deposit to cure such Event of Default; (4) change or re-key all locks to entrances to the Premises, and Landlord shall have no obligation to give Tenant a new key to the Premises until such Event of Default is cured; (5) remove from the Premises any furniture, fixtures, equipment or other personal property of Tenant, without liability for trespass or conversion, and store such items either in the Complex or elsewhere at the sole cost of Tenant and without liability to Landlord, and (6) enter upon the Premises and perform Tenant's obligations under this Lease (including under the Tenant Improvements Agreement) and charge Tenant additional rent to cover the cost of Landlord's performance (but Landlord shall have no obligation to perform Tenant's obligations). Landlord may retain control over all such property for the purpose of foreclosing the security interest created by Section 34. Any of such furniture, fixtures, equipment or personal property not claimed within thirty (30) days from the date of Landlord’s notice;removal shall be deemed abandoned. (gc) Tenant’s breach Exercise by Landlord of any one or more remedies hereunder shall not constitute forfeiture or an acceptance of surrender of the same provision Premises by Tenant, it being understood that such surrender can be effected only by the written agreement of Landlord and Tenant. (d) If Landlord terminates this LeaseLease by reason of an Event of Default, other than Tenant shall pay to Landlord the obligation to pay Rentsum of (1) the cost of recovering the Premises, more than twice (2) in any twelve the unpaid Rent and all other indebtedness accrued hereunder to the date of such termination, (123) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within total Rent which Landlord would have received under this Lease for the timeframes provided; and (i) Failure of any remainder of the guarantors to fulfill Lease Term minus the terms and conditions Fair Market Rental Value (hereinafter defined) of the Guaranty Premises for the same period, both discounted to present value at the Prime Rate (hereinafter defined) in effect upon the date of determination, and (4) any other damages or relief which Landlord may be entitled to at law or in equity. For the breach purposes of this section, "Fair Market Rental Value" shall be the Guaranty by one rental rate that would be received from a comparable tenant for a comparable lease for premises and other properties of equivalent quality, size, condition and location as the Guarantors.Premises, taking into

Default by Tenant. The Each of the following will be events of default shall constitute a “Default” by Tenant, and shall give rise to Landlord’s remedies set forth in Paragraph (b) below: (i) failure by Tenant under to make when due any payment of Rent and the continuation of such failure for ten (10) days after notice; (ii) failure by Tenant to observe or perform any of the terms or conditions of this Lease:Lease to be observed or performed by Tenant other than the payment of Rent, or as provided below, and the continuation of such failure for thirty (30) days after notice (provided, that if the nature of Tenant’s failure is such that more time is reasonably required in order to cure and Tenant commences to cure within such thirty (30) day period, then such period shall be extended so long as Tenant is diligently pursuing such cure to completion); (iii) failure by Tenant to comply with the Rules, and the continuation of such failure for thirty (30) days after notice (provided, that if the nature of Tenant’s failure is such that more time is reasonably required in order to cure and Tenant commences to cure within such thirty (30) day period, then such period shall be extended so long as Tenant is diligently pursuing such cure to completion); (a) Failure to pay when due the making by Tenant of any installment of Rent or any other payment required pursuant to this Lease within five (5) days of due date; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an general assignment for the benefit of creditors, whether (b) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any Guarantor; Law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within ninety (90) days), (c) appointment of a trustee or receiver to take possession of substantially all of Tenant’s assets located on the Premises or of Tenant’s interest in this Lease, where possession is not restored to Tenant within ninety (90) days, (d) The filing attachment, execution or imposition other judicial seizure of substantially all of Tenant’s assets located on the Premises or of Tenant’s interest in this Lease, or (e) Tenant’s admitted insolvency or admission of an inability to pay its debts as they mature; or (v) a lien against the PremisesTransfer of this Lease, the Buildings or the Property as a result Premises or any part thereof, in violation of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety Article 21 which is not cured within thirty (30) days after receipt of thereafter. The notice of same; (e) The liquidationand cure periods provided herein are in lieu of, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party not in addition to, other than any notice and cure periods provided by Laws. To the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, extent that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors foregoing notice periods provided for in this Article 23 and elsewhere in this Lease are greater than the notice periods required under the statutes of the State of Illinois, such greater notice periods as are provided for herein shall substitute for any such statutory notice periods, and, to fulfill the extent not prohibited by such statutes, any notices given pursuant to the terms and conditions of hereof shall be deemed the Guaranty or the breach of the Guaranty notice required by one of the Guarantorsany such statutes.

Default by Tenant. (a) The following will shall be deemed to be events of default by Tenant under this Lease: Lease (aeach, a “Tenant Default”): (i) Failure Tenant shall fail to pay when due any installment of Rent or any other payment required pursuant to this Lease within five twenty (520) days after Tenant’s receipt of due date; written notice of nonpayment thereof (ba “Monetary Default”); or (ii) The filing Tenant shall fail to comply with any term, provision or covenant of this Lease, other than the payment of Rent, and the failure is not cured within thirty (30) days after Tenant’s receipt of written notice thereof, or such longer period as may be reasonable under the circumstances so long as Tenant commences to cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completion (a “Non-Monetary Default”); or (iii) Tenant shall file a petition for bankruptcy or insolvency be adjudged bankrupt or insolvent under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment law or a receiver or trustee shall be appointed for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission Tenant or appointment, as applicable; the foregoing Tenant shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, make a “Guarantor”); (c) A transfer in fraud of creditors or shall make an assignment for the benefit of creditors, whether by creditors and same is not dismissed within ninety (90) days thereafter; or (iv) this Lease or the Tenant’s Leasehold Estate is transferred in violation of the requirements of this Lease. Any permitted assignee or lender (including a Leasehold Mortgagee) may cure any Tenant or any Guarantor;Default hereunder. (db) The filing If Landlord shall claim that Tenant Default exists, Landlord shall have the right, subject to the provisions of Exhibit “F” and any Recognition Agreement executed pursuant to the provisions of this Lease, to institute from time to time an action or imposition actions (i) to recover damages (exclusive of consequential, punitive, or special damages), (ii) for injunctive and/or other equitable relief, or (iii) only in the event of Monetary Default, or a lien against Non-Monetary Default which has resulted or is reasonably likely to result in irreparable and material damage to the Leased Premises, to recover possession of the Buildings or Leased Premises and terminate this Lease. Notwithstanding the Property as a result of any act or omission of foregoing, Landlord agrees that Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within shall have thirty (30) days after receipt commencement by Landlord of notice any proceedings to file an appropriate pleading in the action initiated by Landlord to contest the claim of same;Tenant Default or to cure such Tenant Default; no action shall be taken by Landlord during such thirty (30) day period to regain possession of the Leased Premises from Tenant or to terminate this Lease. If the Tenant Default is not cured, Landlord’s rights and Tenant’s obligations shall be resolved by the final determination made by the court in which Landlord’s proceedings were initiated. For purposes hereof, a “final determination” shall occur when the judgment or order entered can be enforced by execution, issuance of a writ of restitution, judicial sale or specific enforcement and no such judgment or order shall be considered final for purposes hereof during the pendency of a stay of execution in connection with an appeal. Notwithstanding anything herein to the contrary, if there is a Monetary Default which arises out of a dispute as to an amount owed or the amount of an offset, this Lease shall not terminate if Tenant pays to Landlord the amount the court determines to be owed within the period of time permitted by law, or ten (10) days after such determination if no such grace period is permitted. (ec) The liquidationTenant shall have no personal, termination corporate or dissolution entity liability under this Lease, and in the event of a Tenant Default, (i) the recourse of Landlord against Tenant with respect to any Tenant Default shall extend only to Tenant’s Leasehold Estate, and not to any other assets of Tenant or any Guarantorof its directors, orofficers, if shareholders, employees, agents, constituent partners, members, beneficiaries, trustees or representatives; and (ii) except to the extent of Tenant’s interest in the Leasehold Estate (and the proceeds therefrom), no personal liability or personal responsibility shall be asserted or enforceable against Tenant or any Guarantor is a natural personof its directors, the death of Tenant officers, shareholders, employees, agents, constituent partners, members, beneficiaries, trustees or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach canrepresentatives. The foregoing paragraph shall not be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts applicable to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (gA) Tenant’s breach of the same provision liability under Section 4.02(b) of this Lease, (B) misappropriation of insurance or condemnation proceeds in contravention of this Lease, (C) conversion of Sublease rentals and other than income from the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any operation of the guarantors Leased Premises following a court order to fulfill deliver such amounts to Landlord, (D) willful failure to maintain the terms insurance coverages required of Tenant hereunder, and conditions (E) a sale, transfer, or assignment of this Lease and/or the Guaranty or the breach Leased Premises in contravention of the Guaranty by one of the GuarantorsArticle 9.0 hereof.

Default by Tenant. The occurrence of any one or more of the following will be events shall constitute a default and breach of default this Lease by Tenant under this LeaseTenant: (a) Failure The vacation or abandonment of the Premises by ▇▇▇▇▇▇. (b) The failure by Tenant to pay when due make any installment payment of Rent rent or any other payment required pursuant to this Lease within five be made by Tenant hereunder, as and when due where such failure shall continue for a period of ten (510) days of due date; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of after written notice thereof from Landlord to Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”);. (c) A transfer The failure by Tenant to observe any of the covenants, conditions, or provisions of this Lease to be observed or performed by Tenant, other than described in fraud Paragraph (b) above, where such failure shall continue for a period of creditors thirty (30) days after written notice thereof from Landlord to Tenant provided, however, that if the nature of Tenant’s default is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commenced such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. (d) (i) The making by Tenant of any general assignment, or an general assignment for the benefit of creditors, whether ; (ii) the filing by or against Tenant or any Guarantor; (d) The filing or imposition of a lien petition to have Tenant adjudged a bankrupt or petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against the Premises▇▇▇▇▇▇, the Buildings same is dismissed within sixty (60) days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Tenant’s assets located at the Property as a result Premises or of any act or omission of Tenant’s interest in this Lease, where possession is not restored to Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt days; or (iv) the attachment, execution or other judicial seizure of notice substantially all of same;Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where such seizure is not discharged within thirty (30) days. (e) The liquidationThree (3) or more late payments of Rent, termination or dissolution of Tenant or any Guarantorother charges due hereunder, or, if Tenant or any Guarantor is a natural person, during the death of Tenant or such Guarantor;Lease term. (f) Failure to cure the breach Any payment of any provision of this Lease Rent, or any other lease or agreement charges due hereunder, by check that is later returned to Landlord and “NSF”. Tenant are may cure this default by providing to Landlord a party toreplacement check from an account with sufficient funds, other than the obligation together with payment of an NSF fee to pay Rent, within twenty Landlord of Five Hundred Dollars (20$500.00) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of as reimbursement for Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantorsincreased handling expenses.

Default by Tenant. The occurrence of any one or more of the following will be events of default shall constitute a material breach by Tenant under of this Lease: (a) Failure the failure by Tenant to pay when due make any installment payment of Rent rent or any other payment required pursuant to this Lease within five be made by Tenant hereunder, as and when due, where such failure shall continue for a period of ten (510) days after receipt of due date;written notice thereof by Tenant from Landlord; or (b) The filing of a petition for bankruptcy the failure by Tenant to observe or insolvency under perform any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets covenants, conditions or provisions of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, where such failure shall continue for a “Guarantor”); (c) A transfer in fraud period of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after written notice thereof to Tenant; by Tenant from Landlord, provided, however, that if the nature of Tenant's default is such breach that it cannot be cured solely by payment of money and that more than thirty (30) days may be reasonably required for such cure, then Tenant shall not be deemed to be in default if Tenant shall commence such cure within such 20 thirty (30) day period using diligent efforts and shall thereafter diligently prosecute such cure to completion; or (c) the making of any general arrangement or any assignment by Tenant promptly commenced for the benefit of creditors; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition of reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, such petition is dismissed within ninety (90) days); the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets. In the event of any material breach of this Lease by Tenant, then Landlord, in addition to other rights or remedies it may have, shall have the right to terminate this Lease upon fifteen (15) days written notice to Tenant, and also the right, with or without termination of this Lease, to reenter and take possession of the Leased Premises and Landlord may remove all persons and property from the Leased Premises; such property may be removed and stored in any other place in the Building or in any other reasonably secure place for the account of and at the expense and risk of Tenant. Should Landlord elect to reenter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord may either terminate this Lease, or Landlord, without terminating this Lease, shall use its reasonable efforts to cure relet the Leased Premises or any part thereof for such breach upon receipt terms and conditions as may be reasonable, with the right to make minor alterations and repairs to the Leased Premises. Rental received by Landlord from such reletting shall be applied first, to the payment of Landlord’s notice thereofany costs of such reletting including reasonable brokerage and attorneys' fees; and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. Should such rentals received from such reletting during any month be less than the monthly gross rent reserved hereunder, then Tenant shall pay such cure period deficiency to Landlord. Such deficiency shall be extended calculated and paid monthly. No such reentry or taking possession of the Leased Premises by Landlord shall be construed as an election on its part to terminate this Lease, unless written notice of such intention be given to Tenant, in which event Tenant's obligations to Landlord shall forthwith cease, or unless the termination thereof be decreed by a court of competent jurisdiction. Any default by Tenant under this Lease shall be deemed an event of default under the Franchise Agreement (the "Franchise Agreement") entered into or to be entered into between Tenant and Kiddie Academy International, Inc., a Maryland corporation ("Franchisor"). In addition, Landlord acknowledges that if at any time Tenant defaults under the Franchise Agreement, Franchisor, shall have the option to either: (i) enter upon the Leased Premises and operate the Kiddie Academy Child Care Learning Center at the Leased Premises until such time as Franchisor determines that the default of Tenant under the Franchise Agreement has been cured, or (ii) take possession of the Leased Premises and become the assignee of this lease for so long as Tenant continues to use diligent efforts to cure, a period not less than one (1) year and not to exceed a total of sixty two (602) days years from the date of assumption, with no liability for any default caused by the Tenant up to the point of assumption. In the event a new franchisee is selected, the one year minimum period will be waived by Landlord’s notice; . In the event Franchisor exercised option (gii) Tenant’s breach above, Landlord hereby agrees that the Franchisor may seek another Franchisee to take over the operation of the same provision Kiddie Academy Center at the Leased Premises and that when a new franchisee is selected by Franchisor and approved by Landlord within a reasonable period of time, the new franchisee will become the tenant under this Lease, Maryland Day Care Centers, Inc. will continue as the co-guarantor thereby leaving the Landlord undiminished with respect to guaranty. Landlord further agrees that if Franchisor does not select a new franchisee within two (2) years from the date of assignment of the Lease under (ii) above, Franchisor shall have no further liability under the Lease as of the end of that two (2) year period. SUBSTITUTION OF FRANCHISEE - Landlord will not withhold such consent to the selection of a new franchisee if at the time of such substitution of franchisee, the succeeding franchisee maintains financial standing at least equivalent to that of the original franchisee under this Lease. Landlord must have reasonable assurance of the payment of all rents and other amounts required under this Lease and reasonable assurance of compliance with all other terms, covenants, provisions and conditions of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.

Default by Tenant. The following will be events shall constitute an “Event of default Default” by Tenant under this Lease: (a) Failure of Tenant to timely pay when due any installment of Rent the Capital Lease Payment, or any other payment required pursuant to this Lease within five (5) days of charge due date; (b) The filing of a petition hereunder, and such default continues for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of written notice of same;from Landlord; or (eb) The liquidation, termination or dissolution Failure of Tenant to comply with the material terms, conditions, or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision covenants of this Lease that Tenant is required to observe or any other lease or agreement Landlord and Tenant are a party to, perform (other than the obligation to pay Rent, within twenty monetary obligations referenced in Section 16(a) above) and such breach continues for a period of thirty (2030) days after written notice thereof to Tenantfrom Landlord; provided, however, that if such breach the cure cannot reasonably be cured effected within such 20 thirty 30-day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereofperiod, then such the cure period shall be extended for such additional time as may be required for Tenant to cure such breach (but in no event longer than one hundred twenty (120) days after written notice of the breach from Landlord to Tenant) so long as Tenant continues has commenced cure actions during the initial 30-day cure period and diligently pursues the cure during the extended cure period; or (c) This Lease or the Leased Premises or any part thereof are taken upon execution or by other process of law directed against ▇▇▇▇▇▇, or are taken upon or subjected to use diligent efforts to cureany attachment by any creditor of Tenant or claimant against Tenant, and such attachment is not to exceed a total of sixty discharged within ninety (6090) days after its levy; or (d) A breach or termination by Tenant (or any affiliate of Tenant) of any written agreement relating to the development of the Development between Tenant (or an affiliate of Tenant) and Landlord that continues for a period of thirty (30) days after written notice from Landlord of such breach; provided, however, that if the date cure cannot reasonably be effected within such thirty (30) day period, the cure period shall be extended for such additional time as may be required for Tenant to cure such breach (but in no event longer than 120 days after written notice from Landlord to Tenant) so long as Tenant has commenced cure actions during the initial 30-day cure period and diligently pursues the cure during the extended cure period; or (e) Filing, by the Tenant, of Landlord’s notice;a voluntary petition for bankruptcy or a voluntary petition seeking reorganization, or initiating, by the Tenant, of a plan or an arrangement with or for the benefit of ▇▇▇▇▇▇'s creditors; or (f) Applying for or consenting to, by the Tenant, the appointment of a receiver, trustee or conservator for any portion of Tenant's property under this lease, or having such appointment made without ▇▇▇▇▇▇'s consent, and not removed within ninety (90) days; or (g) Tenant’s breach After Commencement Date, abandonment of the same provision Development or vacation of this Lease, other than the obligation to pay Rent, Leased Premises by Tenant for a period of more than twice ninety (290) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantorsconsecutive days.

Default by Tenant. The occurrence of any one or more of the following will be events of shall constitute a default by Tenant under this Lease: (a) Failure Tenant shall fail to pay when due perform, observe or comply with any installment of Rent the terms, provisions, agreements, covenants or conditions of this Lease or any other payment required pursuant guaranty now or hereafter executed relating to this Lease (other than the failure specified in Section 7.02(b) hereof), such failure continuing for twenty (20) days after written notice from Landlord to Tenant of such failure or if the nature of the default is such that it cannot reasonably be cured or remedied within twenty (20) days, then so long as Tenant has commenced the cure or remedy, the cure period shall be extended for such reasonable period, up to but not exceeding an additional twenty-five (525) days of due datedays, as may be necessary to complete the cure or remedy; provided, however, that Landlord shall not be required to provide such notice (x) with respect to any default which is by its nature incurable, or (y) with respect to any nonmonetary default (or substantially similar nonmonetary default), be obligated to provide such written notice more than two (2) times during the Term, the third such default not requiring such notice by Landlord; (b) The filing Tenant shall fail to pay to Landlord any Rent or any other monetary charge due from Tenant hereunder as and when due and payable and such failure shall continue for a period of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or ten (10) days after the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”)due date; (c) A transfer Transfer (hereinafter defined) shall occur of all or a part of (i) this Lease or (ii) the Leased Premises, without the prior written approval of Landlord; (d) The interest of Tenant under this Lease shall be levied on under execution or other legal process and the same has not been stayed or removed within thirty (30) days; (e) Any petition in fraud bankruptcy or other insolvency proceedings shall be filed by or against Tenant, or any petition shall be filed or other action taken to declare Tenant a bankrupt or to delay, reduce or modify Tenant's debts or obligations or to reorganize or modify Tenant's capital structure or indebtedness or to appoint a trustee, receiver or liquidator of creditors Tenant or of any property of Tenant, or any proceeding or other action shall be commenced or taken by any governmental authority for the dissolution or liquidation of Tenant and in the case of any involuntary proceeding commenced against Tenant, the same has not been dismissed within sixty (60) days; (f) Tenant shall become insolvent, or Tenant shall make an assignment for the benefit of creditors, whether by or Tenant shall make a transfer in fraud of creditors, or a receiver or trustee shall be appointed for Tenant or any Guarantorof its properties; (dg) The filing Tenant shall desert, abandon or imposition of a lien against vacate the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant Leased Premises or any Guarantor, or, if substantial portion thereof unless Tenant or any Guarantor is a natural person, shall continue to timely pay all Rent due hereunder and provide Landlord with adequate security for the death payment of Tenant or such Guarantor; (f) Failure to cure future Rent through the breach remainder of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to TenantTerm; provided, however, that if notwithstanding continued payment and providing for security, upon any such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereofdesertion, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach abandonment or vacation of the same provision Leased Premises, Tenant's rights under Sections 2.04, 2.05 and 2.06 shall forthwith terminate and be of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month periodno further force or effect; (h) Failure Tenant shall fail to deliver, maintain operate its business in the Leased Premises for more than fifteen (15) days for any reason other than destruction or restore condemnation of the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; andLeased Premises; (i) Failure of any of Tenant shall do or permit to be done anything which creates a lien upon the guarantors to fulfill the terms and conditions of the Guaranty Leased Premises or the breach Project unless the same shall be removed or bonded around with thirty (30) days; or (j) The death or legal incapacity of Tenant, if Tenant is an individual person, or the Guaranty termination, dissolution or liquidation of Tenant, if Tenant is a corporation, partnership or other entity. (k) The occurrence of a default by one of the Guarantorstenant under the Other Lease, following any period for notice and opportunity to cure provided therein.

Default by Tenant. The following will be events of default by Tenant under this Lease: (a) Failure to pay when due any installment of Rent or any other payment required pursuant to this Lease within five ten (510) days of due date; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant T▇▇▇▇▇ or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are may be a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 twenty (20) day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) TenantT▇▇▇▇▇’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 11.1 hereof within the timeframes provided; and (i) Failure of any of the guarantors Guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.

Default by Tenant. The following will All of the rights and remedies of Landlord herein enumerated shall be events of default cumulative, and none shall exclude any other right or remedy allowed by Tenant under this Leaselaw. It is agreed that in the event: (ai) Failure That the Tenant shall fail, neglect or refuse to pay when due any installment of Rent at the time, and in the amount as herein provided, or to pay any other payment required pursuant monies agreed by it to this Lease within five be paid promptly when and as the same shall become due and payable under the terms hereof, provided however that Landlord must give Tenant fifteen (515) days of due datewritten notice and opportunity to cure such alleged default; (bii) The filing of a That any voluntary or involuntary petition for bankruptcy or insolvency similar pleading, under any applicable federal section or state sections of any bankruptcy act, shall be filed by or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become dueagainst Tenant, or the appointment any voluntary or a receiver involuntary proceeding in any court or trustee for all tribunal shall be instituted to declare Tenant insolvent or substantially all of the assets of unable to pay Tenant; in each of the foregoing cases’s debts, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy same shall not be dismissed or bond the lien in its entirety discharged within thirty (30) days after receipt of notice of samethereof in writing; (eiii) The liquidationThat the Tenant shall fail, termination neglect or dissolution refuse to keep and perform any of Tenant the other covenants, conditions, stipulations or agreements herein contained and to be kept and performed by it, and in the event any Guarantorsuch default shall continue, or, if Tenant or any Guarantor is for a natural person, the death period of Tenant or such Guarantor; more than thirty (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (2030) days after notice thereof in writing given to the Tenant, by the Landlord; provided, however, that if the cause for giving such breach cannotice involves the making of repairs, or other matters reasonably requiring a longer period of time than the period of such notice, the Tenant shall be deemed to have complied with such notice so long as it has commenced to comply with said notice within the period set forth in the notice, and is diligently prosecuting compliance with said notice, or has taken proper steps or proceedings, under the circumstances, to prevent the seizure, destruction, alteration or other interference with said Demised Premises by reason of non-compliance with the requirements of any law or any ordinance or with the regulations, rules or directions of any government authority, as the case may be; (iv) That the Tenant makes any assignment of its property for the benefit of creditors, or should the Demised Premises be taken under a levy of execution or attachment, in an action against the Tenant, and such levy, attachment or assignment is not dismissed and discharged within thirty (30) days after written notice thereof to Tenant by Landlord; then in any event as described in Sections 10.01 (i), (ii), (iii) or (iv), the Tenant does hereby authorize and fully empower said Landlord or Landlord’s agent to cancel or annul this Lease at once and to re-enter and take possession of said Demised Premises immediately, and remove all persons and their property therefrom, and to use such force and assistance in effecting and perfecting such removal as said Landlord may deem necessary and advisable to recover at once full and exclusive possession of all of said Demised Premises, whether in possession of said Tenant or of their persons or otherwise. At Landlord’s option, Landlord may declare all installments of Rent for the remainder of the lease term to be cured within immediately due and payable whereupon the same shall become immediately due and payable. The Landlord may, however, at its option, at any time after a default or violation of a condition or covenant, re-enter and take possession of said Premises without such 20 day period using diligent efforts re-entering working a forfeiture of the rents to be paid and the covenants, agreements and conditions to be kept and performed by said Tenant promptly commenced efforts for the full term of this Lease. In such event, the Landlord shall have the right, but not the obligation, to cure divide or subdivide the Premises in any manner the Landlord may determine and to lease or let the same or portions thereof for such breach periods of time and at such rentals and for such use and upon receipt such covenants and conditions as Landlord may elect, applying the net rentals from such letting first to the payment of Landlord’s notice thereofexpenses incurred in dispossessing the Tenant and the costs and expenses of making such improvements in the Premises as may be necessary in order to enable the Landlord to relet the same, then and to the payment of any brokerage commissions or other necessary expenses of the Landlord in connection with such cure period reletting. The balance, if any, shall be extended applied by the Landlord from time to time, but in any event not less than once each month, on account of the payments due or payable by the Tenant hereunder, with the right reserved to Landlord to bring such actions or proceedings for so long the recovery of any deficits remaining unpaid as Tenant continues it may deem advisable from time to use diligent efforts time, without being obligated to cureawait the end of the term hereof for a final determination of the Tenant’s account and the commencement or maintenance of one (1) or more actions shall not bar the Landlord from bringing other or subsequent actions for further accruals pursuant to the provisions of this Paragraph. Any balance remaining, not to exceed a total of sixty (60) days from the date however, after full payment and liquidation of Landlord’s notice; (g) account, as aforesaid, shall be paid to the Tenant from time to time with the right reserved to the Landlord at any time to give notice in writing to the Tenant of Landlord’s election to cancel and terminate this Lease and all Tenant’s breach obligations hereunder and upon the giving of such notice and the same provision simultaneous payment by Landlord to Tenant of any credit balance in Tenant’s favor that may at the time be owing to Tenant shall constitute a final and effective cancellation and termination of this LeaseLease and the obligations thereunder on the part of either party to the other. In addition to the foregoing, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms collection costs and conditions of the Guaranty or the breach of the Guaranty reasonable attorneys’ fees shall be paid by one of the GuarantorsTenant if delinquencies are referred for collection.

Default by Tenant. The following will shall be deemed to be events of default by Tenant under this Lease:; (a1) Failure Tenant shall fail to pay when due any installment of Rent rent or any other payment required pursuant to this Lease within five three (53) days after written notice thereof to Tenant; (2) Tenant shall fail to commence business within thirty (30) days of due date; the Rent Commencement Date or shall abandon any substantial portion of the Leased Premises; (b3) The filing Tenant or any guarantor of Tenant's obligations hereunder shall file a petition for bankruptcy or insolvency be adjudged bankrupt or insolvent under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy law or insolvency or an admission admit that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee shall be appointed for all or substantially all of the assets of Tenant or any guarantor of Tenant's obligations hereunder; in each (4) Tenant or any guarantor of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing Tenant's obligations hereunder shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, make a “Guarantor”); (c) A transfer in fraud of creditors or shall make an assignment for the benefit of creditors, whether by ; (5) Tenant shall do or permit to be done any Guarantor; (d) The filing or imposition of act which results in a lien being filed against the Premises, the Buildings Leased Premises or the Property as a result of any act or omission of Tenant and Property; (6) the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination termination, dissolution or dissolution of (if the Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, ) the death of Tenant or such Guarantor; any guarantor of Tenant's obligations hereunder; or (f7) Failure to cure the breach Tenant shall be in default of any other term, provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision covenant of this Lease, other than the obligation those specified in subparts (1) through (6), above, and such default is not cured within ten(10) days after written notice thereof to pay RentTenant, more than twice (2) in any twelve (12) month period; (h) Failure to deliverprovided however, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any if such default is of the guarantors type which can not be cured within ten (10) days. Tenant shall not be in default if it commences to fulfill the terms cure within such ten (10) day period and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantorsdiligently prosecutes such cure to completion.

Default by Tenant. (a) The occurrence of any of the following will be events shall constitute an Event of default by Tenant under this LeaseDefault: (ai) Failure to pay when due any Any installment of Base Rent or Additional Rent required to be paid by Tenant hereunder, or any other payment required pursuant to this Lease within part thereof shall at any time be in arrears and unpaid for five (5) days of due date; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of written notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenantthereof; provided, however, that if such breach cannot be cured within notice and such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure grace period shall be extended for so long as Tenant continues required to use diligent efforts to curebe provided by Landlord and shall be accorded Tenant, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Leaseif necessary, other than the obligation to pay Rent, more than twice only two (2) in times during any twelve (12) month period;, or (hii) Failure There is any default or breach on the part of Tenant in the observance or performance of any of the other covenants, agreements, or conditions of this Lease on the part of Tenant to deliverbe kept and performed and said default or breach shall continue for a period of thirty (30) days after written notice thereof from Landlord to Tenant (unless such default cannot reasonably be cured within thirty (30) days and in such case, maintain Tenant shall have commenced to cure said default within said thirty (30) days and thereafter continue diligently to pursue to completion the curing of same), or (iii) The leasehold estate hereby created shall be taken on execution or restore by other process of law, or (iv) Tenant shall fail to deliver within ten (10) days after a request therefor any document described in Sections 13 or 21 hereof. (b) If and whenever any Event of Default as defined above or elsewhere in this Lease shall occur, Landlord shall have the Security Deposit pursuant right at its election then or at any time thereafter to Section 11.2 hereof within pursue any one or more of the timeframes provided; andfollowing remedies in addition to all other rights or remedies provided herein or at law or in equity: (i) Failure Re-enter the Premises, and take possession thereof in accordance with the process of law, and eject all parties in possession therefrom, using such force for that purpose as may be necessary, without being liable to any prosecution for said re-entry or the use of such force, and, without terminating this Lease, at any time and from time to time relet the Premises or any part thereof for the account of Tenant or otherwise, receive and collect the rents therefor, applying the same first to payment of such reasonable expenses as Landlord may have paid, assumed or incurred in recovering possession of the Premises, including, without limitation, costs, expenses and reasonable attorney's fees, brokerage and reasonable remodeling of the Premises, paid, assumed or incurred by Landlord in connection with reletting the Premises, and then to the fulfillment of the covenants of Tenant. Any such reletting as provided for herein may be for the remainder of the Term as originally granted or for a longer or shorter period. Landlord may execute any lease made pursuant to the terms hereof in Landlord's own name and Tenant shall have no right or authority whatever to collect any rent whatever from such Subtenant. In any case and whether or not the Premises or any part thereof be relet, Tenant shall pay to Landlord all sums required to be paid by Tenant up to the time of re-entry by Landlord, and thereafter Tenant shall, if required by Landlord, pay to Landlord until the end of the Term, the equivalent amount of all rent and other charges required to be paid by Tenant under the terms of this Lease, less the rent actually received by Landlord from any such reletting during the Term, if any, after payment of the expenses of Landlord as aforesaid, and the same shall be due and payable on the several rent days herein specified. No such re-entry by Landlord shall constitute an election to terminate this Lease unless and until Landlord thereafter gives Tenant written notice of Landlord's election to terminate this Lease. Actions to collect any amounts due by Tenant as provided in this Section 15 may be brought from time to time on one or more occasions without the necessity of Landlord's waiting until expiration of the Term; (ii) Terminate this Lease, and with the process of law, expel and remove Tenant, or any other person or persons in occupancy from the Premises, together with their goods and chattels, using such force as may be necessary in the judgment of Landlord or its agents in so doing, and repossess and enjoy said Premises together with all improvements, additions, alterations, equipment and fixtures thereon, and in addition to any other remedy it may have, Landlord may recover from Tenant all reasonable damages it may incur by reason of such breach by Tenant. (c) Landlord shall use commercially reasonable efforts to re-let the Premises to mitigate its damages upon the occurrence of an event of default under this Lease. For the purposes hereof, “commercially reasonable efforts” shall mean the following actions, which actions shall create an irrebuttable presumption that Landlord has fulfilled such obligation: (i) Landlord shall include the availability of the Premises in Landlord’s leasing flyers sent to brokers (if any), commencing following Landlord’s recovery of possession of the Premises, and ending upon re-leasing of the Premises; and/or (ii) Landlord shall engage an independent commercial real estate broker to re-let the Premises, the cost and expense of which shall be an element of Landlord’s damages in addition to any other damages recoverable pursuant to this Lease. Nothing contained herein shall require Landlord to re-let the Premises prior to or with any preference over the leasing of any other similar premises of Landlord in the guarantors Project. (d) Notwithstanding anything in this Lease to fulfill the terms and conditions of contract, neither party shall be responsible or liable to the Guaranty other for any special, indirect, or the breach of the Guaranty by one of the Guarantorsconsequential damages (other than Tenant’s liability expressly described in Section 17 below if Tenant holds over). In addition, Landlord waives its right to distraint on Tenant’s Property, whether under common law or otherwise.

Default by Tenant. The Each of the following will be events shall constitute an Event of default Default (herein so called) by Tenant under this Lease: (ai) Failure Tenant fails to pay when due any installment of Base Rent or any other payment required pursuant to in full under this Lease within five (5) days of due dateafter notice from Landlord that such payment was not received when due; (bii) The filing Tenant fails to pay any installment of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; Additional Rent in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant full under this Lease within ten (each, a “Guarantor”)10) days after notice from Landlord that such payment was not received when due; (ciii) A transfer in fraud Tenant fails to observe or perform any other provision of creditors this Lease required to be observed or an assignment for the benefit of creditors, whether performed by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the does not cure such failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt notice thereof from Landlord; provided, that if such default is not capable of notice of samebeing cured within thirty (30) days and Tenant promptly commences such cure, said thirty (30) day period shall be extended so long as Tenant diligently and continuously pursues such cure; (eiv) The liquidation, termination Tenant or dissolution any guarantor of Tenant's obligations under this Lease (a "Guarantor") makes a general assignment for the benefit of creditors; (v) A receiver or trustee of Tenant or any Guarantor, or, if Tenant Guarantor or any Guarantor of their respective assets is appointed by entry of an order by a natural personcourt of competent jurisdiction and the same is not vacated, the death of Tenant discharged or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, dismissed within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s noticethereafter; (gvi) Tenant’s breach A petition for relief is filed by Tenant or any Guarantor under any bankruptcy or insolvency law seeking a plan of reorganization or arrangement under any law relating to bankruptcy, or any such petition is filed against Tenant or any Guarantor and same is not dismissed, discharged or vacated within sixty (60) days thereafter; (vii) The interest of Tenant in the Premises is sold under execution or other legal process; (viii) Tenant fails to maintain any insurance required under Section 12.1 of this Lease within five (5) days after notice from Landlord of such failure; or (ix) Tenant assigns this Lease or subleases any portion of the same provision Premises in violation of Section 13 of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.

Default by Tenant. The following will be events occurrence of default by Tenant any of the events, acts or circumstances described in Sections 13.1.1 through 13.1.7 shall constitute an “Event of Default” under this Lease:. (a) 13.1.1 Failure by Tenant to pay when due in full any installment of Rent Basic Rent, Additional Rent, Net Profits or any other payment required pursuant to this Lease within five (5) days of due date; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant monetary obligation under this Lease when due, and the continuance of such Exhibit F - Form of Lease failure for ten (each10) days after Landlord has given Tenant written notice of such failure or, in the case of the Basic Rent, for such shorter period as may be set forth in the Loan Documents. 13.1.2 Failure by Tenant to observe, perform or comply with any of the terms, covenants, agreements or conditions contained in this Lease (other than as specified in Section 13.1.1 or Section 13.1.6), and the continuance of such failure for thirty (30) days after Landlord has given Tenant notice of such failure or for such shorter period as may be provided for the curing of such default under the terms of the Loan Documents. If Tenant has promptly commenced and diligently pursued remedial action within said thirty (30) day period but has been unable to cure its default (except for any default that can be reasonably cured by the payment of money) prior to the expiration thereof and if the Loan Documents provide for an extension of the cure period, said thirty (30) day period shall be extended for the minimum time reasonably required for the completion of Tenant’s remedial action but in no event for a “Guarantor”);period longer than authorized by the terms of the Loan Documents. Notwithstanding the foregoing, in the event any such failure of performance by Tenant is deemed to pose a substantial risk of harm to the patients of the Facility or to the licensure or, if applicable, certification status of the Facility, Tenant shall be required to cure such failure within a period of time as may be established by the state or federal authority having jurisdiction over the Facility or, if no such time frame is established, as soon as is reasonably practicable, but in no event within more than one (1) week from the determination of the existence of such condition; provided, however, that in the event Landlord is not satisfied that the Tenant is undertaking such cure within one half (1/2) of the time allocated by such authority or by the terms hereof, then Landlord shall have the right to enter into the Facility and to undertake the completion of such cure, in which case Landlord shall have no liability to Tenant with respect thereto except for liability which Tenant incurs as a result of the Landlord’s gross negligence or wrongful misconduct in undertaking such cure. (c) A transfer in fraud 13.1.3 The making by Tenant or any guarantor of creditors or this Lease of an assignment for the benefit of creditorsits creditors or the commencement of proceedings in a court of competent jurisdiction for the reorganization, whether by liquidation or involuntary dissolution of Tenant of any guarantor of this Lease or any Guarantor; (d) The filing for the adjudication of either such party as a bankrupt or imposition insolvent or for the appointment of a lien against receiver of the Premisesproperty of either such party, the Buildings which proceeding are not dismissed and any receiver, trustee or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety liquidator appointed therein is not discharged, within thirty (30) days after receipt the institution thereof. 13.1.4 The abandonment of notice the whole of same;the Premises by Tenant other than as a result of any repair or reconstruction following damage or destruction to, or any condemnation or taking of, the Premises. (e) 13.1.5 The liquidation, termination levying of a writ of execution or dissolution attachment on or against the property of Tenant or any Guarantor, orguarantor of this Lease which is not discharged or stayed by action of said party contesting the same within thirty (30) days after such levy or attachment and/or the sale of the interest of Tenant in the Premises under such a writ of execution or attachment. 13.1.6 If (a) any government agency having jurisdiction over the Facility revokes or terminates any license required for the operation of the Facility for the use set forth in Section 4.2.3 above; (b) there is any involuntary decertification of the Facility from participation Exhibit F - Form of Lease in any state or federal reimbursement program, if applicable; or (c) there is any action taken by a state or federal agency which results in the removal of patients from the Facility as a result of deficiencies cited by said agency in the care rendered by Tenant at the Facility. 13.1.7 If there is any generation, disposal, release or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach use of any provision hazardous substance upon or from the Premises in violation of the terms of this Lease or any other lease applicable local, state or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantorsfederal law.

Default by Tenant. The following will be events of default by Tenant under this Lease: (a) Failure Definition. If (i) Tenant vacates or abandons the Premises, (ii) fails to pay when due any installment of Base Rent or Additional Rent, or Make any other payment required pursuant to this Lease within five (5) days of due date; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease on the date such rent or payment is due, (eachiii) Tenant violates or breaches or fails to keep or perform any covenant, term or condition of this Lease other than those requiring the payment of rent or otherwise requiring Tenant to make payments pursuant to this Lease, or (iv) Tenant or any Guarantor files or is the subject of a “Guarantor”); (c) A transfer petition in fraud of creditors bankruptcy, or an if a trustee or receiver is appointed for Tenant's or any guarantor's assets, or if Tenant or a guarantor makes and assignment for the benefit of creditors, whether by or if Tenant or any Guarantor; a guarantor is adjudicated insolvent, Tenant shall be deemed in default under this Lease. With respect to a default under (dii) The filing or imposition of a lien against the Premisesabove, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty shall have five (305) days after receipt of written notice of same; the default to remedy or cure its default. With respect to a default under (eiii) The liquidationabove, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within shall have twenty (20) days after written notice thereof from Landlord to Tenantremedy or cure the default; provided, however, that if such breach the default cannot reasonably be cured within such 20 twenty (20) day period using diligent efforts period, and Tenant promptly commenced efforts commences the cure within the twenty (20) day period, and Tenant thereafter diligently prosecutes the cure to cure completion in good faith, such breach upon receipt of Landlord’s notice thereof, then such cure twenty (20) day period shall be extended for so long such period of time as is reasonably necessary for Tenant continues to use diligent efforts to curecure the default, not to exceed a total of but in no event more than an additional sixty (60) days from days. The foregoing notice and cure provisions shall be inclusive of and not in addition to the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Leasenotices and cure periods provided for in RCW 59.12, other than the obligation to pay Rentas now or hereafter amended, more than twice (2) or any legislation in any twelve (12) month period; (h) Failure to deliver, maintain lieu or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantorssubstitution thereof.

Default by Tenant. (a) The following will be events shall constitute events of default by Tenant under this Lease: (a1) Failure a failure by Tenant to pay when due any installment of Rent or any other payment required pursuant to this Lease within deliver an estoppel certificate (as provided in Paragraph 17 below) where such failure continues for five (5) days of due dateafter written notice by Landlord to Tenant; (b2) The filing of a petition for the bankruptcy or insolvency under of Tenant, any applicable federal or state bankruptcy or insolvency law; an adjudication transfer by Tena▇▇ ▇▇ defraud creditors, any assignment by Tenant for the benefit of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become duecreditors, or the commencement of any proceedings of any kind by or against Tenant under any provision of the Federal Bankruptcy Act or under any other insolvency, bankruptcy or reorganization act unless, in the event any such proceedings are involuntary, Tenant is discharged from the same within sixty (60) days thereafter; the appointment or of a receiver or trustee for all or substantially all a substantial part of the assets of Tenant; in each of or the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission levy upon this Lease or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations estate of Tenant under this Lease (each, a “Guarantor”)hereunder by any attachment or execution; (c3) A transfer the abandonment or vacation of the Premises; (4) the discovery by Landlord that any financial statement given to Landlord by Tena▇▇, ▇▇y assignee of Tenant, any subtenant of Tenant, any successor in fraud interest of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor;guarantor of Tenant's obligation hereunder, and any of them, was materially false; and (d5) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of by Tenant to satisfy perform any of the terms, covenants, agreements or bond the lien in its entirety within conditions of this Lease to be observed or performed by Tenant (excluding any event of default under Paragraph 14(a)(1) above), where such failure continues for thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after written notice thereof is received by Tenant from Landlord via certified mail, postage prepaid, by Landlord to Tenant; provided, however, that if the nature of the default is such breach that the same cannot reasonably be cured within the 30-day period, Tenant shall not be deemed to be in default if Tenant shall within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then commence such cure and thereafter diligently prosecute the same to completion. (b) In the event of any material default or breach by Tenant, Landlord may at anytime thereafter, without limiting Landlord in the exercise of any right or remedy at law or inequity which Landlord may have by reason of such default or breach: (1) Pursue the remedy described in California Civil Code Section 1951.4 whereby Landlord may continue this Lease in full force and effect after Tena▇▇'▇ ▇reach and abandonment and recover the Rent and any other monetary charges as they become due, without terminating Tena▇▇'▇ ▇ight to sublet or assign this Lease, subject only to reasonable limitations as herein provided. During the period Tenant is in default, Landlord shall have the right to do all acts necessary to preserve and maintain the Premises as Landlord deems reasonable and necessary, including removal of all persons and property from the Premises, and Landlord can enter the Premises and relet them, or any part of them, to third parties for Tena▇▇'▇ ▇ccount. Tenant shall be extended liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers' commissions, expenses of remodeling the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining Term. (2) Pay or perform such obligation due (but shall not be obligated to do so),if Tenant fails to pay or perform any obligations when due under this Lease within the time permitted for their payment or performance. In such case, the costs incurred by Landlord in connection with the performance of any such obligation will be additional rent due under this Lease and will become due and payable on demand by Landlord. (3) Terminate Tenant's rights to possession by any lawful means, in which case this Lease shall terminate and Tena▇▇ ▇▇▇ll immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default, including, without limitation, the following: (A) the worth at the time of award of any unpaid Rent which had been earned at the time of such termination; plus (B) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such Rent loss that is proved could have been reasonably avoided; plus (C) the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such Rent loss that is proved could be reasonably avoided; plus (D) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tena▇▇'▇ ▇ailure to perform its obligations under this Lease or which in the ordinary course of events would be likely to result therefrom; plus (E) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable State law. Upon any such termination of Tena▇▇'▇ ▇ossessory interest in and to the Premises, Tenant (and at Landlord's sole election, Tena▇▇'▇ ▇ublessees) shall no longer have any interest in the Premises, and Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises which Landlord in its sole discretion deems reasonable and necessary. The "worth at the time of award" of the amounts referred to in subparagraphs (A) and (B) above is computed by allowing interest at the maximum rate of eight and one-half percent (8.50%). The worth at the time of award of the amount referred to in subparagraph (C) above is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). (4) Pursue any other legal or equitable remedy available to Landlord. Unpaid installments of Rent and other unpaid monetary obligations of Tenant under the terms of this Lease shall bear interest from the date due at the rate of ten percent (10%) per annum. (c) In the event Tenant is evicted or Landlord takes possession of the Premises by reason of any default by Tenant hereunder, Tenant hereby waives any right of redemption or relief from forfeiture as provided by law. (d) Even though Tena▇▇ ▇▇▇ breached this Lease and abandoned the Premises, this Lease shall continue in effect for so long as Tenant continues Landlord does not terminate Tenant's right to use diligent possession, and Landlord may enforce all its rights and remedies under this Lease, including the right to recover Rent as it becomes due under this Lease. Acts of maintenance or preservation, efforts to curerelet the Premises, or the appointment of a receiver upon initiative of Landlord to protect Land▇▇▇▇'▇ ▇nterest under this Lease, shall not constitute a termination of Tenant's right to exceed a total of sixty (60) days from the date of Landlord’s notice;possession. (ge) Tenant’s breach of In the same event Tenant is in material default under any provision of this LeaseLease then, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and at Landlord's sole election: (i) Failure Tenant shall not have the right to exercise any available right, option or election under this Lease ("Tenant's Exercise Rights") if at such time Tenant is in default hereunder, (ii) Tenant shall not have the right to consummate any transaction or event triggered by the exercise of any of Tenant's Exercise Rights if at such time Tenant is in default hereunder, and (iii) Landlord shall not be obligated to give Tenant any required notices or information relating to the guarantors to fulfill the terms and conditions exercise of the Guaranty or the breach any of the Guaranty by one of the GuarantorsTenant's Exercise Rights hereunder.

Default by Tenant. 22.1 The following will be events term "Event of default by Tenant under this LeaseDefault" refers to the occurrence of any one (1) or more of the following: (a) Failure of Tenant to pay when due any installment of Rent or any other payment sum required pursuant to this Lease be paid hereunder (the "Monetary Default") within five (5) days of due date; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of written notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenantfrom Landlord; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from after the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, other than the obligation first failure to pay Rent, more than twice (2) any sum required to be paid hereunder in any twelve (12) month period, in the event that Tenant fails a second time to pay when due any sum required to be paid hereunder during such twelve (12) month period, such failure shall be deemed to automatically constitute a Monetary Default without any obligation on Landlord to provide any additional written notice, and provided further that the Tenant acknowledges that any such written notice provided hereunder shall be in lieu of, and not in addition to, any notice to pay rent or quit pursuant to any applicable statutes; (hb) Failure of Tenant, after thirty (30) days written notice thereof, to deliverperform any of Tenant's obligations, maintain covenants, or restore agreements except a Monetary Default, provided that if the Security Deposit pursuant cure of any such failure is not reasonably susceptible of performance within such thirty (30) day period, then an Event of Default of Tenant shall not be deemed to Section 11.2 hereof have occurred so long as Tenant has promptly commenced and thereafter diligently prosecutes such cure to completion; (c) Tenant admits in writing that it cannot meet its obligations as they become due; or is declared insolvent according to any law; or assignment of Tenant's property is made for the benefit of creditors; or a receiver or trustee is appointed for Tenant or its property; or the interest of Tenant under this Lease is levied on under execution or other legal process; or any petition is filed by or against Tenant to declare Tenant bankrupt or to delay, reduce, or modify Tenant's debts or obligations. Any such levy, execution, legal process, or petition filed against Tenant shall not constitute a breach of this Lease provided Tenant shall vigorously contest the same by appropriate proceedings and shall remove or vacate the same within ninety (90) days from the timeframes provideddate of its creation, service, or filing; (d) The abandonment of the Premises by Tenant, which shall mean that Tenant has vacated the Premises for ten (10) consecutive days, while Tenant is in Monetary Default and such abandonment has impaired Landlord's insurance coverage for the Premises or the Building; (e) The discovery by Landlord that any financial statement given by Tenant or any of its assignees or successors-in-interest was materially false; andor (f) Except in connection with a Permitted Transfer, if Tenant shall cease to exist as a corporation or partnership, or be otherwise dissolved or liquidated or become insolvent. 22.2 In the event of any Event of Default by Tenant, Landlord, at its option, may pursue one or more of the following remedies without notice or demand in addition to all other rights and remedies provided for at law or in equity: (a) Landlord may continue this Lease in full force and effect, and this Lease shall continue in full force and effect as long as Landlord does not terminate Tenant's right to possession, and Landlord shall have the right to collect Rent when due. (b) Landlord may terminate Tenant's right to possession of the Premises at any time by giving written notice to that effect. Acts of maintenance, efforts to relet the Premises or the appointment of a receiver on Landlord's initiative to protect Landlord's interest under this Lease shall not constitute a termination of Tenant's right to possession. On termination, Landlord shall have the right to remove all personal property of Tenant and store it at Tenant's cost in accordance with applicable law, and to recover from Tenant as damages: (i) Failure the worth at the time of award of unpaid Rent and other sums due and payable which had been earned at the time of termination; plus (ii) the worth at the time of award of the amount by which the unpaid Rent and other sums due and payable which would have been payable after termination until the time of award exceeds the amount of the Rent loss that Tenant proves could have been reasonably avoided; plus (iii) the worth at the time of award of the amount by which the unpaid Rent and other sums due and payable for the balance of the Term after the time of award exceeds the amount of the Rent loss that Tenant proves could be reasonably avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform Tenant's obligations under this Lease, or which, in the ordinary course of things, would be likely to result therefrom, including, if appropriate, any costs or expenses incurred by Landlord: (A) in retaking possession of the Premises, including reasonable attorneys' fees and costs therefor; (B) maintaining or preserving the Premises for reletting to a new tenant, including repairs to the Premises for the reletting; (C) leasing commissions; (D) any other costs necessary or appropriate to relet the Premises; and (E) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of California. The "worth at the time of award" of the amounts referred to in Sections 22.2(b)(i) and 22.2(b)(ii) shall be calculated by allowing interest at the lesser of ten percent (10%) per annum or the maximum rate permitted by law, on the unpaid Rent and other sums due and payable from the termination date through the date of award. The "worth at the time of award" of the amount referred to in Section 22.2(b)(iii) shall be calculated by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award, plus one percent (1%). Tenant waives redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179, or under any other present or future law, if Tenant is evicted or Landlord takes possession of the Premises by reason of any Event of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty Default by one of the GuarantorsTenant.

Default by Tenant. The following (a) Tenant will be events in “Default” of default by this Lease if Tenant under this Leaseeither: (a1) Failure Fails to pay Rent when due any installment due, and the failure continues for three (3) days after Landlord notifies Tenant of Rent or this failure under §17.2 (Tenant waiving any other payment notice that may be required pursuant to this Lease within five (5) days of due date; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency by law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c2) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of Fails to perform a lien against the Premises, the Buildings or the Property as a result of any act or omission non-monetary Lease obligation of Tenant and the failure continues for thirty (30) days after Landlord notifies Tenant of this failure, but: (A) In an emergency, Landlord may require Tenant to satisfy or bond the lien perform this obligation in its entirety a reasonable time of less than ten (10) days, or (B) If it will reasonably take more than thirty (30) days to perform this obligation, then Tenant will have a reasonable time not exceeding ninety (90) days to perform this obligation, but only if Tenant commences performing this obligation within thirty (30) days after receipt Landlord notifies Tenant of notice of samethis failure; (e3) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay RentFails, within twenty thirty (2030) days after notice thereof it occurs, to discharge any attachment or levy on Tenant’s interest in this Lease; providedor (4) Fails, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days after it occurs, to have vacated or dismissed any appointment of a receiver or trustee of Tenant’s assets (or any Lease guarantor’s assets), or any voluntary or involuntary bankruptcy or assignment for the benefit of Tenant’s creditors (or any Lease guarantor’s creditors). (b) If Tenant is in Default, Landlord may, without prejudice to the exercise of any other remedy, exercise any remedy available under law, including those described below: (1) Landlord may enter the Premises as reasonably required and cure Tenant’s Default on Tenant’s behalf without releasing Tenant from any Lease obligation, and Tenant shall reimburse Landlord on demand for all costs of such cure, plus Landlord’s standard administration fee. (2) Landlord may terminate this Lease upon notice to Tenant (on a date specified in the notice) and recover possession of the Premises from Tenant. At Landlord’s election, either: (A) Landlord may recover any Rent unpaid as of the termination date, and Tenant will remain liable for the payment when due of Rent for the remaining Term, less the proceeds that Landlord receives in reletting the Premises, but only after Landlord is reimbursed from these proceeds for the expenses Landlord incurs to recover possession of the Premises and relet the Premises; or (B) Landlord may recover any Rent unpaid as of the termination date, and further recover the present value as of the termination date (calculated using the then current discount rate of the Federal Reserve Bank of New York) of the Rent to be paid for the Term remaining after the termination date (assuming 8% annual increases in Additional Rent) exceeds the proceeds that Landlord receives in reletting the Premises, but only after Landlord is reimbursed from these proceeds for the expenses Landlord incurs to recover possession of the Premises and relet the Premises. (3) Landlord may use reasonably necessary force to enter and take possession of all or any part of the Premises, expel Tenant or any other occupant, and remove their personal property, and the entry will not constitute a trespass or terminate the Lease. After regaining possession of the Premises, Landlord may relet the Premises for Tenant’s account, but Landlord will not be responsible or liable if Landlord fails to do so or is unable to collect rent due from any reletting. Tenant will continue to pay Rent due, less a credit for the proceeds that Landlord receives in reletting the Premises, but only after Landlord is reimbursed from these proceeds for the expenses Landlord incurs to recover possession of the Premises and relet the Premises. (4) For any amounts owed under (1), (2) or (3), Landlord may recover interest at the greater of the interest rate permitted under law or 10% (“Default Rate”) from the date of Landlord’s notice; (g) each amount is due until paid by Tenant’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.

Default by Tenant. The 20.1 Each of the following will be events is an "Event of default by Tenant under this LeaseDefault": (a1) Failure Any failure by Tenant to pay Rent on the due date unless such failure is cured within 5 business days after notice by Landlord; however, Tenant is not entitled to more than 2 notices of delinquent payments during any calendar year and, if thereafter during such calendar year any Rent is not paid when due any installment due, an Event of Rent Default shall, automatically occur; (2) Tenant abandons the Premises; (3) This Lease or Tenant's interest is transferred whether voluntarily or by operation of law except as permitted in Section 14; (4) This Lease or any other payment required pursuant to this Lease part of the Premises is taken by process of law and is not released within five 15 days (5) days of due date; (b) The filing Commencement by Tenant of a petition for bankruptcy or insolvency proceeding under any applicable provision of federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become duelaw relating to Insolvency, bankruptcy, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease reorganization (each, a “Guarantor”"Bankruptcy Proceeding"); (c6) A transfer in fraud Commencement of creditors a Bankruptcy Proceeding against Tenant, unless dismissed within 60 days after commencement; (7) The insolvency of Tenant or execution by Tenant of an assignment for the benefit of creditors, whether ; the convening by Tenant of a meeting of its creditors or any Guarantor; (d) The filing significant class thereof for purposes of effecting a moratorium upon or imposition extension or composition of a lien against the Premises, the Buildings its debts; or the Property as a result of any act or omission of Tenant and the failure of Tenant generally to satisfy pay its debts as they mature, or bond the lien in its entirety within thirty (30) days after receipt occurrence of notice any of samethe foregoing with respect to any guarantor, if any, of Tenant's obligations; (e) 8) The liquidation, termination admission in writing by Tenant (or dissolution any general partner of Tenant if Tenant is a partnership), that it is unable to pay its debts as they mature or it is generally not paying its debts as they mature; (9) Tenant fails to take possession of the Premises on the Commencement Date; (10) Tenant fails to perform any Guarantor, of its other obligations and non-performance continues for 30 days after notice by Landlord or, if such performance cannot be reasonably had within such 30 day period, Tenant or any Guarantor is a natural person, the death of Tenant or does not in good faith commence performance within such Guarantor; (f) Failure 30 day period and diligently proceed to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenantcompletion; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts Tenant's right to cure such breach upon receipt of Landlord’s notice thereof, then such cure shall not exceed the period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s noticeprovided by Applicable Law; (g11) Tenant’s breach Any event which is expressly defined as or deemed an Event of the same provision of Default under this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.

Default by Tenant. The occurrence of any of the following will be events shall constitute an "Event of default by Tenant Default" under this LeaseLease by Tenant: (a) Failure to pay when due any installment of Rent the rent or any other payment monetary sums required pursuant to this Lease within five (5) days of due date;hereunder. (b) The filing Failure to perform any other agreement or obligation of a petition Tenant hereunder, if such failure continues for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency lawthirty (30) days after written notice by Landlord to Tenant, except as to those Events of Default that are noncurable, in which case no such grace period shall apply; an adjudication of bankruptcy or insolvency or an admission provided, however, that if the failure is such that it cannot meet its financial obligations as they become duebe reasonably cured within said thirty (30) day period, or Tenant shall not be in default if Tenant commences to cure within said said thirty (30) day periods and diligently pursues such cure to completion, and in fact cures the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed default within 30 one hundred twenty (120) days of such filingLandlord's notice. Landlord's notice described herein is intended to satisfy, adjudicationand is not in addition to, admission or appointmentany and all legal notices required prior to commencement of an unlawful detainer action, as applicable; including without limitation the foregoing shall also apply to any party guaranteeing the obligations notice requirements of Tenant under this Lease (each, a “Guarantor”);California Code of Civil Procedure Sections 1161 ET SEQ. (c) A transfer in fraud Abandonment or vacation of creditors the Premises by Tenant, or an assignment failure to occupy the Premises for the benefit a period of creditors, whether by Tenant or any Guarantor;thirty (30) consecutive days. (d) The filing If any of the following occurs: (i) a petition is filed for an order of relief under the federal Bankruptcy Code or imposition for an order or decree of a lien against the Premisesinsolvency or reorganization or rearrangement under any state or federal law, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety such petition is not dismissed within thirty (30) days after receipt the filing thereof; (ii) Tenant makes a general assignment for the benefit of notice creditors; (iii) a receiver or trustee is appointed to take possession of same;any substantial part of Tenant's assets, unless such appointment is vacated within sixty (60) days after the date thereof; (iv) Tenant consents to or suffers an attachment, execution or other judicial seizure of any substantial part of its assets or its interest under this Lease, unless such process is released or satisfied within sixty (60) days after the occurrence thereof; or (v) Tenant's net worth, determined in accordance with generally accepted accounting principles consistently applied, decreases, at any time during the Lease Term, below Tenant's net worth as of the date of execution of this Lease. If a court of competent jurisdiction determines that any of the foregoing events is not a default under this Lease, and a trustee is appointed to take possession (or if Tenant remains a debtor in possession), and such trustee or Tenant transfers Tenant's interest hereunder, then Landlord shall receive, as Additional Rent, the difference between the rent (or other consideration) paid in connection with such transfer and the rent payable by Tenant hereunder. Any assignee pursuant to the provisions of any bankruptcy law shall be deemed without further act to have assumed all of the obligations of the Tenant hereunder arising on or after the date of such assignment. Any such assignee shall, upon demand, execute and deliver to Landlord an instrument confirming such assumption. (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach occurrence of any provision other event that is deemed to be an Event of this Lease or Default under any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.

Default by Tenant. The 15.1 If, at any time during the Term, any one or more of the following will be events (each of default by Tenant under this Leasewhich being herein called an “Event of Default”) shall occur, to wit: (a) Failure Tenant fails to pay when due any installment sum required to be paid hereunder which is not received by Landlord when due and such failure shall continue for a period of Rent or any other payment required pursuant to this Lease within five (5) business days after the date on which Landlord gives Tenant written notice of due date;such failure (a “Monetary Default”); or (b) The filing Tenant fails to perform or observe any of Tenant’s obligations, covenants, or agreements (other than a petition Monetary Default) to be performed or observed by Tenant under this Lease and such failure shall continue for bankruptcy thirty (30) days after notice thereof from Landlord to Tenant, except that if such failure cannot, because of Unavoidable Delays or insolvency under any applicable federal otherwise, be cured within such thirty (30) day period, and if Tenant shall have commenced to cure such failure within such thirty (30) day period or state bankruptcy or insolvency lawas soon as reasonably feasible following an Unavoidable Delay, and continues to prosecute such cure with reasonable diligence thereafter, then the time to cure such failure shall be extended for such period as may be necessary to complete such cure with reasonable diligence, subject to Unavoidable Delays; an adjudication of bankruptcy or insolvency or an admission or (c) Tenant admits in writing that it cannot meet its financial obligations as they become due, ; or is declared insolvent according to any applicable Legal Requirement; or an assignment of Tenant’s property is made for the appointment benefit of creditors; or a receiver or trustee is appointed for all Tenant or substantially all a substantial portion of its property; or the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations interest of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors is levied on under execution or an assignment for the benefit of creditors, whether other legal process; or any petition is filed by or against Tenant or Guarantor to declare Tenant bankrupt; or any petition is filed or other action taken to reorganize or modify Tenant’s or Guarantor; (d) The filing ’s capital structure if Tenant is a corporation or imposition of a lien other entity. Any such levy, execution, legal process, or petition filed against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is shall not constitute a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease provided Tenant or any other lease Guarantor shall contest the same by appropriate proceedings and shall remove or agreement Landlord and Tenant are a party to, other than vacate the obligation to pay Rent, same within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of its creation, service, or filing; or (d) Tenant ceases to exist as a corporation. 15.2 In the event of any Event of Default by Tenant, Landlord, at its option, may pursue one or more of the following remedies without notice or demand in addition to all other rights and remedies provided for at law or in equity: (a) Upon an Event of Default, Landlord may, at its option, terminate this Lease by written notice to Tenant and recover possession of the Premises. No act by Landlord (including, without limitation, acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord’s notice;initiative to protect Landlord’s interest under the Lease) other than giving written notice to Tenant shall terminate this Lease. Following such termination, Landlord may recover from Tenant damages arising from the Event of Default and the termination of this Lease, including without limitation the following: (gi) The Worth at the Time of Award of the unpaid Rent which had been earned at the time of termination; plus (ii) The Worth at the Time of Award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iii) The Worth at the Time of Award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant’s breach failure to perform Tenant’s obligations under this Lease, or which, in the ordinary course of things, would be likely to result therefrom. As used in Sections 15.2(a)(i) and 15.2(a)(ii) above, the “Worth at the Time of Award” shall be computed by allowing interest at the Default Rate. As used in Section 15.2(a)(iii) above, the “Worth at the Time of Award” shall be computed by discounting such amount at the discount rate of the same Federal Reserve Bank of San Francisco at the time of award plus five percent (5%). (b) Landlord shall have the remedy, described in California Civil Code 1951.4 (Landlord may continue the lease in effect after lessee’s breach and abandonment and recover rent as it becomes due, if lessee has the right to sublet or assign, subject only to reasonable limitations). 15.3 If Landlord shall exercise any one or more remedies hereunder granted or otherwise available, it shall not be deemed to be an acceptance or surrender of the Premises by Tenant whether by agreement or by operation of law; it is understood that such surrender can be effected only by the written agreement of Landlord and Tenant. 15.4 Each right and remedy provided for in this Lease shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise, including, but not limited to, suits for injunctive relief and specific performance. The exercise or beginning of the exercise by Landlord of any one or more of the rights or remedies provided for in this Lease or now or hereafter existing at law or in equity, or by statute or otherwise shall not preclude the simultaneous or later exercise by Landlord of any or all other rights or remedies provided for in this Lease or now or hereafter existing at or in equity or by statute or otherwise. All such rights and remedies shall be considered cumulative and non-exclusive. All costs incurred by Landlord in connection with collecting any Rent or other amounts and damages owing by Tenant pursuant to the provisions of this Lease, or to enforce any provision of this Lease, other than including reasonable attorneys’ fees from the obligation date such matter is turned over to an attorney, whether or not one or more actions are commenced by Landlord, shall also be recoverable by Landlord from Tenant. If any notice and grace period required under Section 15.1(a) or Section 15.1(b) was not previously given, a notice to pay Rentrent or quit, more than twice or to perform or quit, as the case may be, given to Tenant under any statute authorizing the forfeiture of leases for unlawful detainer shall also constitute the applicable notice for grace period purposes required by Section 15.1(a) or Section 15.1 (b). In such case, the applicable grace period under Section 15.1(a) or Section 15.1(b) and under the unlawful detainer statute shall run concurrently after the one such statutory notice, and the failure of Tenant to cure the default within the greater of the two (2) such grace periods shall constitute both an unlawful detainer and an Event of Default entitling Landlord to the remedies provided for in this Lease and/or by said statute. 15.5 Notwithstanding anything contained in this Section 15 to the contrary, any twelve (12) month period;proceeding or action involving bankruptcy, insolvency, reorganization, arrangement, assignment for the benefit of creditors, or appointment of a receiver or trustee, as set forth above, shall be considered to be an Event of Default only when such proceeding, action, or remedy shall be taken or brought by or against the then holder of the leasehold estate under this Lease. (h) Failure to deliver, maintain 15.6 No endorsement or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure statement on any check or letter of Tenant shall be deemed an accord and satisfaction or recognized for any purpose whatsoever. The acceptance of any such check or payment shall be without prejudice to Landlord’s rights to recover any and all amounts owed by Tenant hereunder and shall not be deemed to cure any other default nor prejudice Landlord’s rights to pursue any other available remedy, Landlord’s acceptance of partial payment of rent does not constitute a waiver of any rights, including without limitation any right Landlord may have to recover possession of the guarantors Premises. 15.7 Landlord’s failure to fulfill perform any of its obligations under this Lease shall constitute a default by Landlord under this Lease if the terms and conditions failure continues for thirty (30) days after written notice of the Guaranty or failure from Tenant to Landlord. If the breach required performance cannot be completed within thirty (30) days, Landlord’s failure to perform shall constitute a default under the Lease unless Landlord undertakes to cure the failure within thirty (30) days and diligently and continuously attempts to complete this cure as soon as reasonably possible. All obligations of the Guaranty by one of the Guarantorseach party hereunder shall be construed as covenants, not conditions.

Default by Tenant. The Landlord and Tenant hereby agree that the occurrence of any one or more of the following will be events of is a default by Tenant under this Lease:Lease and that said default shall give Landlord the rights described in Section 13.2. Landlord or Landlord's authorized agent shall have the right to execute and deliver any notice of default, notice to pay rent or quit or any other notice Landlord gives Tenant. (a) Failure Tenant's failure to pay when due make any installment payment of Rent Rent, late charges or any other payment required pursuant to this Lease within five be made by Tenant hereunder, as and when due, where such failure shall continue for a period of ten (510) days of due date;after written notice thereof from Landlord to Tenant (provided however that in no event shall Landlord be obligated to provide written notice more than twice in any twelve month period). (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all abandonment of the assets Premises by Tenant in which event Landlord shall not be obligated to give any notice of default to Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”);. (c) A transfer in fraud Tenant’s failure to comply with any of creditors the covenants, conditions or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision provisions of this Lease to be observed or any other lease or agreement Landlord and performed by Tenant are a party to, (other than the obligation to pay Rentthose referenced in Sections 13.1(a) and (b) above), within where such failure shall continue for a period of twenty (20) days after written notice thereof from Landlord to Tenant; provided, however, that if the nature of Tenant's nonperformance is such breach canthat more than twenty (20) days are reasonably required for its cure, then Tenant shall be allowed additional time (not be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to exceed 60 days) as is reasonably necessary to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for the failure so long as Tenant continues commences such cure within said twenty (20) day period and thereafter diligently pursues such cure to use diligent efforts completion. In the event that Landlord serves Tenant with a notice to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, quit or any other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit notice pursuant to applicable unlawful detainer statutes, said notice shall also constitute the notice required by this Section 11.2 hereof within the timeframes provided; and13.1(c). (i) Failure The making by Tenant or any guarantor of Tenant's obligations hereunder of any general arrangement or general assignment for the benefit of creditors; (ii) the guarantors appointment of a trustee or receiver to fulfill take possession of substantially all of Tenant's assets located at the terms and conditions Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within thirty (30) days; (iii) the Guaranty attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the breach Premises or of Tenant's interest in this Lease, where such seizure is not discharged within thirty (30) days; or (iv) the Guaranty by one insolvency of Tenant or Tenant becoming subject to state insolvency or federal bankruptcy. In the Guarantorsevent that any provision of this Section 13.1(d) is unenforceable under applicable law, such provision shall be of no force or effect.

Default by Tenant. The following will be events shall constitute an “Event of default Default” by Tenant under this Lease: (a) Failure failure of Tenant to timely pay when due any installment of Rent the Capital Lease Payment, Base Rent, Additional Rent, or any other payment required pursuant to this Lease within five charge due hereunder, and such default continues for ten (510) days of due date;after written notice from Landlord; or (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy comply with the material terms, conditions, or bond covenants of this Lease that Tenant is required to observe or perform (other than the lien monetary obligations referenced in its entirety within Section 17(a) above) and such breach continues for a period of thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after written notice thereof to Tenantfrom Landlord; provided, however, that if such breach the cure cannot reasonably be cured effected within such 20 thirty 30-day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereofperiod, then such the cure period shall be extended for such additional time as may be required for Tenant to cure such breach (but in no event longer than one hundred twenty (120) days after written notice of the breach from Landlord to Tenant) so long as Tenant continues has commenced cure actions during the initial 30-day cure period and diligently pursues the cure but during the extended cure period; or (c) this Lease or the Leased Premises or any part thereof are taken upon execution or by other process of law directed against ▇▇▇▇▇▇, or are taken upon or subjected to use diligent efforts to cureany attachment by any creditor of Tenant or claimant against Tenant, and such attachment is not to exceed a total of sixty discharged within ninety (6090) days after its levy; or (d) (i) a breach or termination by Tenant (or any affiliate of Tenant) of any written agreement relating to the development of the Project between Tenant (or an affiliate of Tenant) and Landlord, and (ii) in the event of such a breach, the breach continues for a period of thirty (30) days after written notice from Landlord; provided, however, that if the date cure cannot reasonably be effected within such thirty 30-day period, the cure period shall be extended for such additional time as may be required for Tenant to cure such breach so long as Tenant has commenced cure actions during the initial 30-day cure period and diligently pursues the cure but during the extended cure period; or (e) Tenant shall file a voluntary petition in bankruptcy or a voluntary petition seeking reorganization, or to effect a plan or an arrangement with or for the benefit of LandlordTenant’s notice;creditors; or (f) Tenant’s shall apply for a consent to the appointment of a receiver, trustee or conservator for any portion of Tenant’s property, or such appointment shall be made without Tenant’s consent, and shall not be removed within ninety (90) days; or (g) Tenant’s breach abandonment of the same provision Project or vacation of this Lease, other than the obligation to pay Rent, Leased Premises by Tenant for a period of more than twice ninety (290) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantorsconsecutive days.

Default by Tenant. The following will be events of default by Tenant under this Lease: (a) Failure to pay when due any installment of Rent or any other payment required pursuant to this Lease within five Lease; provided that Landlord shall give Tenant notice of the first such instance of non-payment in each calendar year and Tenant shall have a period of ten (510) days of due dateafter receipt thereof to cure such non-payment before a default shall be deemed to have occurred; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”)all Guarantors; (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings Building or the Property Park as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty twenty (3020) days after receipt of notice of samethereafter; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any non-monetary provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after written notice thereof to Tenant; provided, however, that if such breach cancan not be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s written notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice;; and (g) Tenant’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantorshereof.

Default by Tenant. The following will be events of default by Tenant under this Lease: It is a Default for TENANT: (a) Failure to pay when due any installment of Rent if Base Rent, Additional Rent, or any other payment required pursuant to sum due by TENANT under this Lease within five (5) days shall be unpaid of due date; the date payment is required; (b) The filing if TENANT fails to perform any of the other terms, conditions, covenants and obligations of this Lease to be observed or performed by the TENANT for more than (10) days after LANDLORD gives TENANT written notice of such Default ( it being agreed that a petition for bankruptcy Default, other than failure to pay Base Rent, Additional Rent or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become other sums due, or which is of such character that the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing casescure thereof reasonably requires longer than (10) ten days, shall be deemed cured within said period, if not dismissed TENANT in good faith commences a cum within 30 days of such filing, adjudication, admission or appointment, as applicablethe (10) ten day period and diligently undertakes to complete the cure with reasonable dispatch); the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud if TENANT abandons the Leased Premises (it being agreed that the Leased Premises shall be considered abandoned should TENANT fail to openly conduct business from the aforementioned premises for a period of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (7) seven calendar days; (d) The filing if TENANT or imposition of a lien against guarantor knowingly misrepresents any material fact in any written statement provided to the PremisesLANDLORD or at its request, the Buildings pursuant to or the Property as a result of any act in connection with this Lease; or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidationif TENANT, termination any guarantor, general partner, joint venture, or dissolution majority shareholder becomes insolvent or the subject of Tenant a bankruptcy petition. A Default gives LANDLORD the right (without further notice except as hereinafter expressly provided) to: (a) immediately reenter the Leased Premises, change the locks, and remove all persons and property; (b) at TENANT's expense, store or sell said property for TENANT's account; (c) treat said property as abandoned upon TENANT's failure to remove it within (10) ten days of written demand to remove; (d) make alterations and repairs; (e) without terminating the Lease, relet all or part of the Leased Premises, at TENANT's expense and for its account, on such terms, for such rentals, and for such a term as LANDLORD in it sole discretion deems advisable' and /or (h) resort to any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of other remedy authorized by this Lease or by statute, law or equity. Whether or not LANDLORD reenters and/or relets the Leased Premises, TENANT will remain liable, for all periods in which this Lease is in full force and not terminated, for the Base Rent, Additional Rent and utilities due hereunder, subject only to a credit for rental received from a substitute tenant over and above expenses of reletting and other sums due hereunder. Additionally, whether or not LANDLORD has already resorted to any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.above-mentioned

Default by Tenant. The Each of the following will be events shall constitute an Event of default by Tenant under this LeaseDefault hereunder: (a) Failure failure of Tenant to pay when due any installment of Base Rent, Additional Rent or any other payment required pursuant to this Lease within five (5) days of charge due date;hereunder; or (b) The filing failure of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become dueTenant to comply with the material terms, conditions, or the appointment or a receiver or trustee for all or substantially all covenants of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”);that the Tenant is required to observe or perform; or (c) A transfer in fraud abandonment of creditors any portion of the Project or an assignment for the benefit of creditors, whether Leased Premises by Tenant or any Guarantorthe Tenant; (d) The filing or imposition failure to comply with the Affordability Covenant in Section 17(a); or (e) the failure to comply with the material terms of a lien against that Memorandum of Agreement between Landlord and Woda ▇▇▇▇▇▇ Companies, Inc, dated (“MOA”), provided that if there is any inconsistency between the Premisesterms herein and the terms in the MOA, the Buildings or terms herein shall control. The Landlord shall deliver written notice to the Property as Tenant upon the occurrence of an Event of Default. The Tenant shall have a result period of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, from the death of Tenant or such Guarantor; (f) Failure to cure date it receives the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereofto cure its default if the Event of Default is a failure to pay any Base Rent, then such cure Additional Rent or charge due hereunder. The Tenant shall have a period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of it receives the Landlord’s notice; notice to cure its default upon the occurrence of any other Event of Default, but if such Event of Default can not reasonably be cured within a sixty (g60) Tenant’s breach day period, the Tenant shall have a longer period, not to exceed 120 days, to cure such Event of Default provided the same provision Tenant begins to cure the Event of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof Default within the timeframes provided; and sixty (i60) Failure day period and acts diligently to cure such Event of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the GuarantorsDefault thereafter.

Default by Tenant. The occurrence of any one or more of the following will be events shall constitute a material default and breach of default this Lease by Tenant under this LeaseTenant: (ai) The vacating or abandonment of the Premises by Tenant. (Failure to pay when due use or occupy the Premises for fifteen (15) consecutive days shall be deemed a vacation or abandonment.) The failure by Tenant to make any installment payment of Rent rental, or any other payment required pursuant to be made by Tenant hereunder, as and when due, where such failure shall continue for a period of ten (10) days after notice thereof by Landlord to Tenant. (ii) The failure by Tenant to observe or perform any of the terms, covenants or conditions of this Lease within five to be observed or performed by Tenant, other than described in Sub-sections (5A (i)) days and (A (ii)) hereinabove, where such failure shall continue for a period of due date; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof by Landlord to Tenant; provided, however, that if the nature of Tenant's default and breach is such breach canthat more than thirty (30) days are reasonably required for its cure, then Tenant shall not be cured deemed to be in default and breach if Tenant commences such cure within such 20 said thirty (30) day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then thereafter diligently prosecutes such cure period shall be extended to completion within ninety (90) days. (iii) The making by Tenant of any general assignment or general arrangement for so long as the benefit of creditors; or the filing by or against Tenant continues of a petition to use diligent efforts have Tenant adjudged a bankrupt, or a petition or reorganization or arrangement under any law relating to curebankruptcy (unless, not to exceed in the case of a total of petition filed against Tenant, the same is dismissed within sixty (60) days from days); or the date appointment of Landlord’s notice; (g) a trustee or a receiver to take possession of substantially all of Tenant’s breach 's personal property at the Premises or of the same provision of Tenant's interest in this Lease, other than the obligation where possession is not restored to pay Rent, more than twice Tenant within thirty (230) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provideddays; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach attachment, execution or other judicial seizure of substantially all of a Tenant's personal property at the Guaranty by one of the Guarantors.Premises

Default by Tenant. The Landlord and Tenant hereby agree that the occurrence of any one or more of the following will be events of is a default by Tenant under this Lease:Lease and that said default shall give Landlord the rights described in Section 13.2. Landlord or Landlord’s authorized agent shall have the right to execute and deliver any notice of default, notice to pay rent or quit or any other notice Landlord gives Tenant. (a) Failure Tenant’s failure to pay when due make any installment payment of Rent Rent, late charges, or any other payment required pursuant to this Lease within five be made by Tenant hereunder, as and when due, where such failure shall continue for a period of ten (510) days of due date;after written notice thereof from Landlord to Tenant (provided however that in no event shall Landlord be obligated to provide written notice more than twice in any twelve month period). (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all abandonment of the assets Premises by Tenant in which event Landlord shall not be obligated to give any notice of default to Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”);. (c) A transfer in fraud Tenant’s failure to comply with any of creditors the covenants, conditions or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision provisions of this Lease to be observed or any other lease or agreement Landlord and performed by Tenant are a party to, (other than the obligation to pay Rentthose referenced in Sections 13.1(a) and (b) above), within where such failure shall continue for a period of twenty (20) days after written notice thereof from Landlord to Tenant; provided, however, that if the nature of Tenant’s nonperformance is such breach canthat more than twenty (20) days are reasonably required for its cure, then Tenant shall be allowed additional time (not be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to exceed 60 days) as is reasonably necessary to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for the failure so long as Tenant continues commences such cure within said twenty (20) day period and thereafter diligently pursues such cure to use diligent efforts completion. In the event that Landlord serves Tenant with a notice to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, quit or any other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit notice pursuant to applicable unlawful detainer statutes, said notice shall also constitute the notice required by this Section 11.2 hereof within the timeframes provided; and13.1(c). (i) Failure The making by Tenant or any guarantor of Tenant’s obligations hereunder of any general arrangement or general assignment for the benefit of creditors; (ii) the guarantors appointment of a trustee or receiver to fulfill take possession of substantially all of Tenant’s assets located at the terms and conditions Premises or of Tenant’s interest in this Lease, where possession is not restored to Tenant within thirty (30) days; (iii) the Guaranty attachment, execution or other judicial seizure of substantially all of Tenant’s assets located at the breach Premises or of Tenant’s interest in this Lease, where such seizure is not discharged within thirty (30) days; or (iv) the Guaranty by one insolvency of Tenant or Tenant becoming subject to state insolvency or federal bankruptcy. In the Guarantorsevent that any provision of this Section 13.1(d) is unenforceable under applicable law, such provision shall be of no force or effect.

Default by Tenant. The 19.1 Each of the following will be events is an "Event of default Default:" (1) Any failure by Tenant under this Lease: (a) Failure to pay when Rent on the due any installment of Rent date or any other payment required pursuant to this Lease within five (5) business days of due datethereafter; (b2) The filing Tenant vacates or abandons the Leased Premises for a period in excess of one (1) month other than as a result of force majeure; (3) This Lease or Tenant's interest is transferred whether voluntarily or involuntarily or by operation of law except as permitted in Section 17; (4) Commencement by Tenant of a petition for bankruptcy or insolvency proceeding to obtain relief from its creditors under any applicable provision of federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become duelaw relating to insolvency, bankruptcy, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease reorganization (each, a “Guarantor”"Bankruptcy Proceeding"); (c5) A transfer in fraud Commencement of creditors a Bankruptcy Proceeding against Tenant, unless dismissed within sixty (60) days after commencement; (6) The insolvency of Tenant or an execution by Tenant of a general assignment for the benefit of creditors, whether ; the convening by Tenant of a meeting of substantially all of its creditors or any Guarantor; (d) The filing significant class thereof for purposes of effecting a moratorium upon or imposition extension or composition of a lien against the Premises, the Buildings its debts; or the Property as a result of any act or omission of Tenant and the failure of Tenant generally to satisfy or bond pay its debts as they mature; (7) Tenant fails to take possession of the lien in Leased Premises within fifteen (15) days following the Commencement Date; (8) Tenant fails to perform any of its entirety within other obligations and non-performance continues for thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, by Landlord or, if such performance cannot be reasonably had within such thirty (30) day period, Tenant or any Guarantor is a natural person, the death of Tenant or does not in good faith commence performance within such Guarantor; thirty (f30) Failure day period and diligently proceed to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenantcompletion; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts Tenant's right to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty ninety (6090) days from the date of Landlord’s notice; (g) Tenant’s breach of the same days. Notwithstanding any provision of this LeaseSection 19.1 to the contrary, other than upon the obligation occurrence of an Event of Default pursuant to pay RentSection 19.1(1), Landlord shall give Tenant ten (10) days' prior written notice before taking enforcement action with respect to such Event of Default, during which ten (10) day period, Tenant may cure such Event of Default. Payment of the Rent within said ten (10) day period shall restore Tenant to its rights under this Lease as though a default in the payment of Rent had not occurred. In no event shall Landlord be required to provide Tenant with notice and a ten (10) day cure period as set forth in this subparagraph more than twice three (23) times during the Term of this Lease and any extensions hereof, nor shall Landlord be required to provide Tenant with notice and a ten (10) day cure period in any the event Landlord has previously given such notice to Tenant during the preceding twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.

Default by Tenant. The Landlord and Tenant hereby agree that the occurrence of any one or more of the following will events shall be events deemed to be an “Event of default Default” by Tenant under this LeaseLease and that said Event of Default shall give Landlord the rights described in Section 15.2: (a) Failure Tenant’s failure to pay when due make any installment payment of Rent Base Rent, Operating Expenses, Real Property Taxes or any other payment required pursuant to this Lease within five (5) be made by Tenant hereunder, as and when due, where such failure shall continue for a period of 10 business days of due date;after written notice thereof from Landlord to Tenant. (b) The filing of a petition for bankruptcy failure by Tenant to observe or insolvency under perform any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing casescovenants, if not dismissed within 30 days of such filing, adjudication, admission conditions or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision provisions of this Lease to be observed or any other lease or agreement Landlord and performed by Tenant are where such failure shall continue for a party to, other than the obligation to pay Rent, within twenty (20) period of 30 days after written notice thereof from Landlord to Tenant; provided, however, that if the nature of Tenant’s nonperformance is such breach canthat more than 30 days are reasonably required for its cure, then Tenant shall not be cured deemed to be in default if Tenant commences such cure within such 20 said 30 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then thereafter diligently pursues such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; andcompletion. (i) Failure The making by Tenant of any general arrangement or general assignment for the benefit of creditors; (ii) the guarantors filing by Tenant of a petition or otherwise commencing, authorizing, or acquiescing in the commencement of a proceeding or case under any bankruptcy or similar law for the protection of creditors or having such petition filed or proceeding commenced against it; (iii) the appointment of a trustee or receiver to fulfill take possession of substantially all of Tenant’s assets located at the terms Premises or of Tenant’s interest in this Lease, where possession is not restored to Tenant within 30 days; (iv) the attachment, execution or other judicial seizure of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where such seizure is not discharged within 30 days; or (v) the insolvency of Tenant. Landlord or Landlord’s authorized agent shall have the right to execute and conditions to deliver any notice of the Guaranty default, notice to pay rent or the breach of the Guaranty by one of the Guarantorsquit or any other notice Landlord gives Tenant.

Default by Tenant. The following will be events In the case of an Event of Default, Landlord shall have the right to terminate this Lease and shall have all such other rights and remedies as are afforded at law or in equity to a landlord upon default by a tenant, and Tenant under this Leaseshall indemnify and hold harmless Landlord from all damages resulting from such default; provided, however, if the nature of the default (other than failure to pay Rent) is such that it cannot be cured within such period, then Tenant shall not be deemed to be in default if Tenant shall have commenced the cure of such default within such period and thereafter diligently prosecutes such cure to completion. The occurrence of any of the following shall constitute an “Event of Default” by Tenant: (a) Failure to pay Rent when due any installment of Rent or any other payment required pursuant to this Lease within due, if the failure continues for five (5) days after the due date thereof, it being understood that Landlord shall have no obligation whatsoever to notify Tenant of due dateany such failure to pay Rent; (b) The filing of a petition for bankruptcy abandonment or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all vacation of the assets Premises by Tenant for a consecutive period of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease ninety (each, a “Guarantor”)90) days; (c) A transfer in fraud failure by Tenant to observe and perform any other material provision of creditors this Lease to be observed or an performed by Tenant, and such failure continues for thirty (30) days after written notice from Landlord; (d) The making by Tenant of any general assignment for the benefit of creditors, whether ; the filing by or against Tenant or any Guarantor; (d) The filing or imposition of a lien petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of petition filed against the PremisesTenant, the Buildings same is dismissed within sixty (60) days), the appointment of a trustee or the Property as a result receiver to take possession of any act or omission substantially all of Tenant’s assets, where possession is not restored to Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt days, or the attachment, execution or other judicial seizure of notice substantially all of same;Tenant’s assets, where such seizure is not discharged within thirty (30) days; or (e) The liquidation, termination Tenant allowing any mechanics lien to be filed against or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor to attach to the Premises which is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long discharged as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) forth in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to in Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors10(b).

Default by Tenant. The following events will be deemed to be events of default by Tenant under this Lease:Lease (each an “Event of Default”): (a) Failure Tenant fails to timely pay any Rent and such failure continues for a period of 5 days after written notice of such default has been delivered to Tenant (but if Landlord has given Tenant 2 such notices during any 12-month period, Landlord will not be required to give further notice; thereafter, the failure by Tenant to make any payment of Rent when due any installment hereunder will be an Event of Rent Default without notice or any other payment required pursuant to this Lease within five (5) days of due dategrace period); (b) The filing of a petition for bankruptcy Tenant fails to comply with any terms, provisions or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision covenants of this Lease or any other lease or agreement between Landlord and Tenant are a party to, (other than a failure related to the obligation to pay non-payment of Rent), within twenty (20) all of which terms, provisions and covenants will be deemed material, and such failure continues for a period of 30 days after written notice thereof of such failure has been delivered to Tenant; provided, however, that or if such breach failure cannot reasonably be cured within such 20 30-day period using diligent efforts and period, Tenant promptly commenced efforts fails to commence to cure such breach upon receipt of Landlord’s notice thereof, then failure within such 30-day period or thereafter fails to prosecute the cure period shall be extended for so long as Tenant continues diligently and continuously or fails to use diligent efforts to cure, not to exceed a total of sixty (60) complete the cure within 60 days from after the date of Landlord’s noticenotice of default; (gc) Tenant’s breach Tenant or any Guarantor takes any action to, or notifies Landlord that Tenant or any Guarantor intends to, file a petition under any section or chapter of the same provision United States Bankruptcy Code, as amended from time to time, or under any similar law or statute of this Lease, other than the obligation to pay Rent, more than twice (2) in United States or any twelve (12) month periodstate thereof; or a petition is filed against Tenant or any Guarantor under any such statute and is not dismissed within 60 days thereafter; (hd) Failure to deliver, maintain A receiver or restore trustee is appointed for Tenant’s leasehold interest in the Security Deposit pursuant to Section 11.2 hereof within Premises or for all or a substantial part of the timeframes providedassets of Tenant or any Guarantor; andor (ie) Failure of Tenant abandons all or any substantial portion of the guarantors Premises or Tenant refuses to fulfill the terms and conditions take occupancy of the Guaranty or the breach of the Guaranty by one of the GuarantorsPremises.

Default by Tenant. The following will be events of In addition to any other default by Tenant under specifically described in this Lease: , each of the following occurrences shall be a “Default”: (a) Failure Tenant’s failure to pay when due any installment portion of Rent or any other payment required pursuant to this Lease within when due, if the failure continues for five (5) days after written notice of due date; Default to Tenant (“Monetary Default”); (b) The filing Tenant’s failure (other than a Monetary Default) to comply with any term, provision, condition or covenant of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it this Lease, if the failure is not cured within 20 days after written notice to Tenant provided, however, if Tenant’s failure to comply cannot meet its financial obligations reasonably be cured within twenty (20) days, Tenant shall be allowed additional time (not to exceed sixty (60) days) as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure reasonably necessary to cure the breach of any provision of this Lease or any other lease or agreement Landlord and failure so long as Tenant are a party to, other than begins the obligation to pay Rent, cure within twenty (20) days after and thereafter diligently pursues the cure to completion; (c) a Tenant Insolvency Event occurs; (d) Tenant’s interest in this Lease shall be Transferred to any third party, whether by operation of Law or otherwise, except as expressly permitted under Article 11, the leasehold estate is taken by process or operation of Law; (d) Tenant does not take possession of or abandons or vacates all or any portion of the Premises; (f) Tenant is in default beyond any notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cureunder any other lease or agreement with Landlord at the Building or Property, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) if Landlord applies or retains any portion of the Security Deposit, and Tenant fails to deposit with Landlord the amount so applied or retained by Landlord, or to provide Landlord with a replacement Letter of Credit, if applicable, within five (5) Business Days after notice by Landlord to Tenant stating the amount applied or retained, (h) a Letter of Credit Default, or (i) if Landlord provides Tenant with notice of Tenant’s breach of failure to comply with the same provision of this Lease, other than the obligation to pay Rent, more than twice Lease on two (2) in separate occasions during any twelve (12) month period; (h) Failure , Tenant’s subsequent violation of such provision shall, at Landlord’s option, be an incurable Default by Tenant. All notices sent under this Section 19.01 shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure or any other law now or hereafter in effect requiring that notice of default be given prior to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure commencement of any of the guarantors to fulfill the terms and conditions of the Guaranty unlawful detainer or the breach of the Guaranty by one of the Guarantorsother legal proceeding.

Default by Tenant. The (a) Any of the following will be events shall constitute events of default by Tenant under this Lease: (a1) Failure to pay when due a default by Tenant in the payment of any installment of Rent rent or any other payment sum payable hereunder which continues for 10 days after written notice from Landlord (which notice may be that required or permitted pursuant to Section 1161 et seq. of the California Code of Civil Procedure or successor -- --- statutes, with the provisions of this Lease within five (5) days not requiring the giving of due datea notice in addition to such statutory notice to terminate this Lease and Tenant's right to possession of the Premises); (b2) The filing a default by Tenant in the performance of any of the other terms, covenants, agreements or conditions contained herein and, if the default is curable, the continuation of such default for a petition period of 30 days after notice by Landlord or beyond the time reasonably necessary for cure if the default is of the nature to require more than 30 days to remedy, provided that if Tenant has defaulted in the performance of the same obligation more than one time in any twelve-month period and notice of such default has been given by Landlord in such instance, no cure period shall thereafter be applicable hereunder; (3) the bankruptcy or insolvency under of Tenant, any applicable federal or state bankruptcy or insolvency law; an adjudication transfer by ▇▇▇▇▇▇ in fraud of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become duecreditors, assignment by ▇▇▇▇▇▇ for the benefit of creditors, or the commencement of any proceedings of any kind by or against Tenant under any provision of the Federal Bankruptcy Act or under any other insolvency, bankruptcy or reorganization act unless, in the event any such proceedings are involuntary, Tenant is discharged from the same within 60 days thereafter; the appointment or of a receiver or trustee for all or substantially all a substantial part of the assets of Tenant; in each or the levy upon this Lease or any estate of Tenant hereunder by any attachment or execution; or (4) the abandonment of the foregoing casesPremises. (b) Upon the occurrence of any event of default by Tenant hereunder, if not dismissed within 30 days Landlord may, at its option and without any further notice or demand, in addition to any other rights and remedies given hereunder or by law, do any of the following: (1) Landlord shall have the right, so long as such default continues, to give notice of termination to Tenant, and on the date specified in such notice this Lease shall terminate. (2) In the event of any such termination of this Lease, Landlord may then or at any time thereafter, re-enter the Premises and remove therefrom all persons and property and again repossess and enjoy the Premises, without prejudice to any other remedies that Landlord may have by reason of Tenant's default or of such filingtermination. (3) In the event of any such termination of this Lease, adjudication, admission or appointment, as applicable; the foregoing shall also apply and in addition to any party guaranteeing other rights and remedies Landlord may have, Landlord shall have all of the obligations rights and remedies of a landlord provided by Section 1951.2 of the California Civil Code. The amount of damages which Landlord may recover in event of such termination shall include, without limitation, (i) the worth at the time of award (computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent) of the amount by which the unpaid rent for balance of the term after the time of award exceeds the amount of rental loss that Tenant under proves could be reasonably avoided, (ii) all legal expenses and other related costs incurred by Landlord following Tenant's default, (iii) all costs incurred by Landlord in restoring the Premises to good order and condition, or in remodeling, renovating or otherwise preparing the Premises for reletting, and (iv) all costs (including, without limitation, any brokerage commissions) incurred by Landlord in reletting the Premises. (4) For the purpose of determining the unpaid rent in the event of a termination of this Lease, or the rent due hereunder in the event of a reletting of the Premises, the monthly rent reserved in this Lease shall be deemed to be the sum of the rental due under paragraph 3 above and the amounts last payable by Tenant pursuant to paragraph 4 above and any "free rent" or rent waived or abated by Landlord as an inducement for Tenant to enter into this Lease. (each5) Landlord's acceptance of payment from Tenant of less than the amount of rent then due shall not constitute a waiver of any rights of Landlord or Tenant including, without limitation, any right of Landlord to recover possession of the Premises. (6) After terminating this Lease, Landlord may remove any and all personal property located in the Premises and place such property in a “Guarantor”);public or private warehouse or elsewhere at the sole cost and expense of Tenant. (c) A transfer Even though ▇▇▇▇▇▇ has breached this Lease and abandoned the Premises, this Lease shall continue in fraud effect for so long as Landlord does not terminate Tenant's right to possession, and Landlord may enforce all its rights and remedies under this Lease, including the right to recover rental as it becomes due under this Lease. Acts of creditors maintenance or an assignment for preservation, efforts to relet the benefit Premises, or the appointment of creditorsa receiver upon initiative of Landlord to protect ▇▇▇▇▇▇▇▇'s interest under this Lease, whether by Tenant or any Guarantor;shall not constitute a termination of Tenant's right to possession. (d) The filing Tenant hereby waives all rights under California Code of Civil Procedure Section 1179 and California Civil Code Section 3275 providing for relief from forfeiture, and any other right now or imposition of a lien against hereafter existing to redeem the Premises, the Buildings Premises or the Property as a result reinstate this Lease after termination pursuant to this paragraph or by order or judgment of any act court or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same;by any legal process. (e) The liquidationLandlord and Tenant hereby waive trial by jury in any action, termination proceeding or dissolution counterclaim brought by either of Tenant the parties hereby against the other on any matters not relating to personal injury or property damage but otherwise arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, ▇▇▇▇▇▇'s use or occupancy of the Premises, and any emergency statutory or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor;other statutory remedy. (f) Failure to cure the breach of any provision of The remedies provided for in this Lease or are in addition to any other lease remedies available to Landlord at law or agreement Landlord and Tenant are a party toin equity, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain by statute or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantorsotherwise.

Default by Tenant. (a) The following will shall be deemed to be events of default by Tenant under this Lease: Lease (aeach, a “Tenant Default”): (i) Failure Tenant shall fail to pay when due any installment of Rent or any other payment required pursuant to this Lease within five twenty (520) days after Tenant’s receipt of due date; written notice of nonpayment thereof (ba “Monetary Default”); or (ii) The filing Tenant shall fail to comply with any term, provision or covenant of this Lease, other than the payment of Rent, and the failure is not cured within thirty (30) days after Tenant’s receipt of written notice thereof, or such longer period as may be reasonable under the circumstances so long as Tenant commences to cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completion (a “Non-Monetary Default”); or (iii) Tenant shall file a petition for bankruptcy or insolvency be adjudged bankrupt or insolvent under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment law or a receiver or trustee shall be appointed for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission Tenant or appointment, as applicable; the foregoing Tenant shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, make a “Guarantor”); (c) A transfer in fraud of creditors or shall make an assignment for the benefit of creditors, whether by creditors and same is not dismissed within ninety (90) days thereafter; or (iv) this Lease or the Tenant’s Leasehold Estate is transferred in violation of the requirements of this Lease. Any permitted assignee or lender (including a Leasehold Mortgagee) may cure any Tenant or any Guarantor;Default hereunder. (db) The filing If Landlord shall claim that Tenant Default exists, Landlord shall have the right, subject to the provisions of Exhibit “E” and any Recognition Agreement executed pursuant to the provisions of this Lease, to institute from time to time an action or imposition actions (i) to recover damages (exclusive of consequential, punitive, or special damages), (ii) for injunctive and/or other equitable relief, or (iii) only in the event of Monetary Default, or a lien against Non-Monetary Default which has resulted or is reasonably likely to result in irreparable and material damage to the Leased Premises, to recover possession of the Buildings or Leased Premises and terminate this Lease. Notwithstanding the Property as a result of any act or omission of foregoing, Landlord agrees that Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within shall have thirty (30) days after receipt commencement by Landlord of notice any proceedings to file an appropriate pleading in the action initiated by Landlord to contest the claim of same;Tenant Default or to cure such Tenant Default; no action shall be taken by Landlord during such thirty (30) day period to regain possession of the Leased Premises from Tenant or to terminate this Lease. If the Tenant Default is not cured, Landlord’s rights and Tenant’s obligations shall be resolved by the final determination made by the court in which Landlord’s proceedings were initiated. For purposes hereof, a “final determination” shall occur when the judgment or order entered can be enforced by execution, issuance of a writ of restitution, judicial sale or specific enforcement and no such judgment or order shall be considered final for purposes hereof during the pendency of a stay of execution in connection with an appeal. Notwithstanding anything herein to the contrary, if there is a Monetary Default which arises out of a dispute as to an amount owed or the amount of an offset, this Lease shall not terminate if Tenant pays to Landlord the amount the court determines to be owed within the period of time permitted by law, or ten (10) days after such determination if no such grace period is permitted. (ec) The liquidationTenant shall have no personal, termination corporate or dissolution entity liability under this Lease, and in the event of a Tenant Default, (i) the recourse of Landlord against Tenant with respect to any Tenant Default shall extend only to Tenant’s Leasehold Estate, and not to any other assets of Tenant or any Guarantorof its directors, orofficers, if shareholders, employees, agents, constituent partners, members, beneficiaries, trustees or representatives; and (ii) except to the extent of Tenant’s interest in the Leasehold Estate (and the proceeds therefrom), no personal liability or personal responsibility shall be asserted or enforceable against Tenant or any Guarantor is a natural personof its directors, the death of Tenant officers, shareholders, employees, agents, constituent partners, members, beneficiaries, trustees or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach canrepresentatives. The foregoing paragraph shall not be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts applicable to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (gA) Tenant’s breach of the same provision liability under Section 4.02(b) of this Lease, (B) misappropriation of insurance or condemnation proceeds in contravention of this Lease, (C) conversion of Sublease rentals and other than income from the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any operation of the guarantors Leased Premises following a court order to fulfill deliver such amounts to Landlord, (D) willful failure to maintain the terms insurance coverages required of Tenant hereunder, and conditions (E) a sale, transfer, or assignment of this Lease and/or the Guaranty or the breach Leased Premises in contravention of the Guaranty by one of the GuarantorsArticle 9.0 hereof.

Default by Tenant. The Each of the following will be events an “Event of default Default” by Tenant under this Lease: (a) Failure to pay when due any installment of Rent or any other payment required pursuant to this Lease within five Lease. Notwithstanding the foregoing, prior to such failure being deemed an Event of Default, Landlord will provide Tenant with ten (510) days days’ written notice and opportunity to cure such failure; provided, however, that in no event shall Landlord be obligated to provide such written notice more than two (2) times in any twelve (12) month period (the foregoing shall not be deemed to be a waiver of due dateany statutory notice requirements imposed upon Landlord in order to commence any eviction proceedings under Florida Statutes); (b) The filing by or against Tenant of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency lawlaw (unless, in the case of a petition filed against Tenant, such petition is not dismissed within seventy-five (75) days from the filing thereof); an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, ; or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer by Tenant in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of Any act which results in a lien being filed against the Premises, the Buildings or the Property Premises and is not discharged as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien provided in its entirety within thirty (30) days after receipt of notice of sameSection 4.3; (e) The liquidation, termination termination, or dissolution of Tenant Tenant, or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such GuarantorTenant; and; (f) Failure to cure the a breach of any non-monetary provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty thirty (2030) days after written notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts default reasonably requires more than thirty (30) days to cure, not Tenant shall have a reasonable time to exceed a total of sixty cure the default provided Tenant commences to cure within such thirty (6030) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, other than the obligation day period and thereafter diligently prosecutes such cure to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantorscompletion.

Default by Tenant. The occurrence of any of the following will be events of shall constitute a default by Tenant under this Lease: : (a) Failure Tenant fails to pay when due in a timely manner any installment of Rent Basic Monthly Rent, Tenant’s Share of Operating Expenses or any other payment required pursuant to sum due under this Lease within five three (53) business days of due date; after written notice is given to Tenant that the same is past due; (b) The filing of Tenant fails to observe or perform in a petition for bankruptcy timely manner any other term, covenant or insolvency under any applicable federal condition to be observed or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of performed by Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) within66 business days after receipt written notice is given to Tenant of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenantfailure; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts more than three67 business days is reasonably required to cure such breach upon receipt of Landlord’s notice thereoffailure, then Tenant shall not be in default if Tenant commences such cure within such68 day period shall be extended and diligently prosecutes such cure to completion; (c) Tenant or any guarantor of this Lease dies (if an individual), files a petition in bankruptcy, becomes insolvent, has taken against such party in any court, pursuant to state or federal statute, a petition in bankruptcy or insolvency or for reorganization or appointment of a receiver or trustee, petitions for or enters into an arrangement for the benefit of creditors or suffers this Lease to become subject to a writ of execution69; (d) Tenant abandons the Premises; or (e) any guarantor of this Lease attempts to rescind or terminate its guaranty.70 64 In addition, so long as Tenant continues to use diligent occupies at least 15,000 rentable square feet in the Building, Landlord shall exercise its best, commercially reasonable efforts to curecause each lender making a mortgage loan encumbering the Building to enter into a subordination, non-disturbance and attornment agreement. 65, and such successors and assigns shall recognize this Lease and not to exceed a total disturb Tenant’s use and occupancy of sixty the Premises so long as Tenant is not in default under this Lease 66 ten (6010) 67 ten (10) 68 ten (10) 69, which petition or writ is not dismissed or set aside within ninety (90) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision thereafter 70 For purposes of this Lease, other than Tenant shall be presumed or deemed to have abandoned the obligation to pay Rent, more than twice (2) Premises in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any either of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.following situations:

Default by Tenant. The occurrence of any one or more of the following will be events shall constitute an Event of default by Tenant Default" under this Lease: (a) Failure the failure of Tenant to pay any Rent as and when due any installment of Rent or any other payment required pursuant to under this Lease within five and the continuance of such failure for a period of ten (510) days after receipt of due datewritten notice to Tenant; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy perform, comply with or bond observe any of the lien in its entirety within other covenants or conditions and the continuance of such failure for a period of thirty (30) days after receipt of written notice to Tenant; or, if such failure cannot reasonably be cured within said thirty (30) day period despite Tenant's diligent good faith efforts, the failure of sameTenant to promptly commence its diligent good faith efforts to cure such failure within said thirty (30) day period and complete curative action within a reasonable time thereafter; (c) the filing of a petition by or against Tenant or any guarantor of Tenant's obligations under this Lease (i) naming Tenant as debtor in any bankruptcy or other insolvency proceeding, (ii) for the appointment of a liquidator or receiver for all or substantially all of Tenant's property or for Tenant's interest in this Lease, or (iii) to reorganize or modify Tenant's capital structure; and in the case of filing against Tenant on an involuntary basis and any of the same is not dismissed within sixty (60) days thereafter; (d) the admission by Tenant in writing of its inability to meet its obligations as they become due or the making by Tenant of an assignment for the benefit of its creditors; (e) The liquidationexcept for any sale or exchange of Tenant's stock in a public offering and the subsequent sale of Tenant's stock on a nationally recognized exchange or NASDAQ, termination the transfer of ownership interests in Tenant in one or dissolution more transactions, the result of which is to change the majority ownership interest and/or control of Tenant from that which existed as of the date of execution of this Lease, unless Landlord consents to such change in ownership and/or control in advance (which consent will not be unreasonably withheld, conditioned or any Guarantor, delayed); or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach assignment or subletting of any provision of this Lease all or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach part of the same provision Leased Premises by Tenant without the prior written consent of this Lease, other than the obligation to pay Rent, more than twice (2) Landlord in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to accordance with Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors19.

Default by Tenant. The occurrence of one or more of the following will be events of is a default by Tenant under this LeaseLease by Tenant: (a) Failure to pay when due any installment of Rent rent or make any other payment required pursuant to under this Lease within five ten (510) days of following a due date; (b) The filing Failure to comply with any provision of a petition this Lease other than subparagraph (a) if the failure continues for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of ten (10) days after written notice from Landlord to Tenant; in each of but if the foregoing casesdefault is one that requires more than ten (10) days to cure, Tenant shall have a reasonable time to cure it if not dismissed he begins curing within 30 ten (10) days of such filing, adjudication, admission or appointment, as applicable; after the foregoing shall also apply notice and diligently prosecutes it to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”)completion; (c) A transfer in fraud Assignment of creditors this Lease by Tenant, or an the subletting or all or any portion of the Premises without first obtaining the written consent of Landlord as required by the terms of this Lease; (d) Making a general assignment or arrangement for the benefit of creditors, whether by Tenant ; or any Guarantor; (d) The filing being adjudicated a bankrupt; or imposition of a lien against receiving the Premises, the Buildings or the Property as a result benefit of any act insolvency, readjustment of debts, reorganization or omission bankruptcy law, or entering into an agreement of Tenant and composition with creditors; or having a receiver or trustee appointed to take possession of Tenant's assets on the failure of Tenant Premises or his interest in this Lease when possession is not restored to satisfy or bond the lien in its entirety him within thirty (30) days after receipt days; or the seizing under legal process of notice of sameTenant's assets on the Premises or his interest in this Lease when the seizure is not discharged within thirty (30) days; (e) The liquidation, termination Vacating or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, abandoning the death of Tenant or such GuarantorPremises for more than fifteen (15) consecutive days; (f) Failure to cure Ceasing its business operations on the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to TenantPremises; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice;or (g) Tenant’s breach of Allowing a lien to be placed on the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain Premises for services performed or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes materials provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.. Landlord _______ Page 12 Tenant _________

Default by Tenant. The following will be events of default by Tenant under this Lease: A. If (a) Failure Tenant defaults in fulfilling any of the covenants of this Lease on Tenant’s part to pay when due be fulfilled, other than the covenants for the payment of Fixed Rent or additional rent, then, in any installment one or more of such events, upon Landlord serving a ten (10) days’ Notice upon Tenant specifying the nature of said default, and upon the expiration of said ten (10) days, if Tenant shall have failed to comply with or remedy such default, or if the said default or omission complained of shall be of such a nature that the same cannot be completely cured or remedied within said ten (10) day period, and if Tenant shall not have diligently commenced curing such default within such ten (10) day period, and shall not thereafter with reasonable diligence and in good faith proceed to remedy or cure such default or (b) Tenant shall default in the performance of any term or condition of this Lease (other than the payment of Fixed Rent or additional rent) more than three (3) times in any period of nine (9) months, or, with respect to the payment of any item of Fixed Rent or additional rent, more than two (2) times in any period of six (6) months, and notwithstanding that such defaults shall have each been cured within the applicable period, as above provided, if any further similar default shall occur or (c) Tenant shall default in the payment of Fixed Rent or any other payment required pursuant to this Lease within item of additional rent hereunder for more than five (5) days of due date; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days Business Days after Notice from Landlord of such filing, adjudication, admission default or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing a Bankruptcy Event, then (in the event of (a), (b), (c), or imposition (d) above) Landlord may serve a three (3) days’ Notice of a lien against cancellation of this Lease upon Tenant, and upon the Premisesexpiration of said three (3) days, this Lease and the Buildings or Term shall end and expire as fully and completely as if the Property date of expiration of such three (3) day period were the Expiration Date set forth herein and Tenant shall then quit and surrender the Premises to Landlord, but Tenant shall remain liable as a result of any act or omission hereinafter provided. B. If the Notices provided for in Section 20.01A hereof shall have been given, and the Term shall expire as aforesaid; then Landlord may, without additional Notice, dispossess Tenant and the legal representative of Tenant and any other occupant of the failure of Tenant to satisfy Premises by self-help, summary proceedings or bond other legal actions or proceedings, and remove their effects and hold the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, Premises as if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and had not been made, but Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; shall remain liable hereunder as hereinafter provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.

Default by Tenant. The occurrence of any one or more of the following will be events shall constitute an "Event of default Default" by Tenant: A. The failure by Tenant under this Lease: (a) Failure to pay when due make any installment payment of Rent rental or any other payment required pursuant to this Lease within be made by Tenant hereunder, and any interest for late payment thereof, as and when due, where such failure shall continue for a period of five (5) days of due date; (b) The filing after receipt by Tenant of a petition for bankruptcy written notice thereof from Landlord. B. The failure by Tenant to observe or insolvency under perform any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets covenants, conditions or provisions of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for other than the benefit of creditors, whether failure by Tenant or any Guarantor; (ddescribed in subparagraph B below) The filing or imposition where such failure shall continue for a period of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt by Tenant of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after written notice thereof to Tenantfrom Landlord; provided, however, however that if the nature of Tenant's default is such breach that it cannot be cured solely by payment of money (and in the reasonable judgment of Landlord said default is susceptible to cure) and that more than thirty (30) days may be reasonably required for such cure, then Tenant shall not be deemed to be in default if Tenant shall commence such cure within such 20 thirty (30) day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then shall thereafter diligently prosecute such cure period shall be extended to completion. (a) the making of any general arrangement or any assignment by Tenant for so long as Tenant continues to use diligent efforts to cure, not to exceed a total the benefit of sixty (60) days from the date of Landlord’s noticecreditors; (gb) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition of reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant’s breach , the petition is dismissed within ninety (90) days of the same provision date filed); (c) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets; and (d) the attachment, execution or other judicial seizure of substantially all of Tenant's assets. D. An assignment or subletting by Tenant in violation of Paragraph 14 hereof. E. The failure by Tenant in keeping, observing or performing any of the terms contained in this Lease, other than the obligation those referred to pay Rentin Subparagraphs 14 A,▇,▇ ▇▇▇ D above, more than twice (2) in any twelve (12) month period; (h) Failure and which exposes Landlord to delivercriminal liability, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.such default shall continue after written

Default by Tenant. The Landlord and Tenant hereby agree that the occurrence of any one or more of the following will be events of is a default by Tenant under this Lease:Lease and that said default shall give Landlord the rights described in Section 13.2. Landlord or Landlord’s authorized agent shall have the right to execute and deliver any notice of default, notice to pay rent or quit or any other notice Landlord gives Tenant. (a) Failure Tenant’s failure to pay when due make any installment payment of Rent Rent, late charges or any other payment required pursuant to this Lease within five be made by Tenant hereunder, as and when due, where such failure shall continue for a period of ten (510) days of due date;after written notice thereof from Landlord to Tenant (provided however that in no event shall Landlord be obligated to provide written notice more than twice in any twelve month period). (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all abandonment of the assets Premises by Tenant in which event Landlord shall not be obligated to give any notice of default to Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”);. (c) A transfer in fraud Tenant’s failure to comply with any of creditors the covenants, conditions or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision provisions of this Lease to be observed or any other lease or agreement Landlord and performed by Tenant are a party to, (other than the obligation to pay Rentthose referenced in Sections 13.1(a) and (b) above), within where such failure shall continue for a period of twenty (20) days after written notice thereof from Landlord to Tenant; provided, however, that if the nature of Tenant’s nonperformance is such breach canthat more than twenty (20) days is reasonably required for its cure, then Tenant shall be allowed additional time (not be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to exceed 60 days) as is reasonably necessary to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for the failure so long as Tenant continues commences such cure within said twenty (20) day period and thereafter diligently pursues such cure to use diligent efforts completion. In the event that Landlord serves Tenant with a notice to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, quit or any other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit notice pursuant to applicable unlawful detainer statutes, said notice shall also constitute the notice required by this Section 11.2 hereof within the timeframes provided; and13.1(c). (i) Failure The making by Tenant or any guarantor of Tenant’s obligations hereunder of any general arrangement or general assignment for the benefit of creditors; (ii) the guarantors appointment of a trustee or receiver to fulfill take possession of substantially all of Tenant’s assets located at the terms and conditions Premises or of Tenant’s interest in this Lease, where possession is not restored to Tenant within thirty (30) days; (iii) the Guaranty attachment, execution or other judicial seizure of substantially all of Tenant’s assets located at the breach Premises or of Tenant’s interest in this Lease, where such seizure is not discharged within thirty (30) days; or (iv) the Guaranty by one insolvency of Tenant or Tenant becoming subject to state insolvency or federal bankruptcy. In the Guarantorsevent that any provision of this Section 13.1(d) is unenforceable under applicable law, such provision shall be of no force or effect.

Default by Tenant. The occurrence of any of the following will be events of shall constitute a default by Tenant under this Lease: (a) Failure Tenant’s failure to pay when due any installment of Rent Base Rent, Additional Rent, or any other payment monetary obligation required pursuant to be paid under this Lease within five if the failure continues for ten (510) days after T▇▇▇▇▇’s receipt of due datewritten notice of its failure from Landlord to Tenant; (b) T▇▇▇▇▇’s failure to perform any other obligation under this Lease if the failure continues for thirty (30) days after T▇▇▇▇▇’s receipt of written notice of its failure from Landlord to Tenant. If the required cure of the noticed default cannot be completed within thirty (30) days, Tenant’s failure to perform shall not constitute a default under this Lease if Tenant has taken steps to cure the failure and is diligently and continuously attempting to complete the cure as soon as reasonably possible; (c) Abandonment of the Premises by Tenant without Landlord’s prior written consent for a period exceeding forty-five (45) consecutive days; (d) The filing entry of an order for relief with respect to Tenant or any guarantor of this Lease under any chapter of the Federal Bankruptcy Code, the dissolution or liquidation of Tenant or any guarantor of this Lease, the appointment of a petition for bankruptcy trustee or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication receiver to take possession of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the Tenant’s or any guarantor’s assets of or Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant ’s interest under this Lease that is not discharged within thirty (each, a “Guarantor”);30) days; or (ce) A transfer in fraud The execution by T▇▇▇▇▇ or any guarantor of creditors or this Lease of an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.

Default by Tenant. The occurrence of any one or more of the following will be events shall constitute a material default and breach of default this Lease by Tenant under this LeaseTenant: (a) Failure to pay when due any installment The vacating or abandonment of Rent or any other payment required pursuant to this Lease within five (5) days of due datethe Property by Tenant; (b) The filing failure by Tenant to make any payment of a petition for bankruptcy Base Rent, additional rent or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations other payment required to be made by Tenant hereunder, as they become and when due, or the appointment or where such failure shall continue for a receiver or trustee for all or substantially all period of fifteen (15) days after notice by Landlord to Tenant of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply failure to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”)receive payment; (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether The failure by Tenant to observe or perform any Guarantor; (d) The filing of the covenants, conditions, or imposition provisions of a lien against any franchise agreement affecting the Premises, the Buildings Property or the Property as business operated thereon, or under this Lease to be observed or performed by Tenant, where such failure shall continue for a result period of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of written notice of same; (e) The liquidationthereof, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement from Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if the nature of Tenant's default is such breach canthat more than thirty (30) days are reasonably required for its cure, than Tenant shall not be cured deemed to be in default if Tenant commenced the cure within such 20 the thirty (30) day period using diligent efforts and thereafter diligently prosecutes the cure to completion; (d) The making by Tenant promptly commenced efforts of any general assignment or general arrangement for the benefit of creditors without the consent of Landlord or the beneficiary under any deed of trust encumbering the Property; (e) The filing by or against Tenant, or any guarantor of this Lease, of a petition to cure such breach upon receipt have Tenant, or any guarantor of Landlord’s notice thereofthis Lease, then such cure period shall be extended adjudicated a bankrupt or a petition for so long as Tenant continues reorganization or arrangement under any law relating to use diligent efforts to curebankruptcy (unless, not to exceed in the case of a total petition filed against Tenant, or any guarantor of this Lease, the same is dismissed within sixty (60) days from days); (f) The appointment of a trustee or receiver to take possession of substantially all of Tenant's, or any guarantor's of this Lease, assets located at the date Property or of Landlord’s notice;Tenant's, or any guarantor's of this Lease, interest in this Lease, where possession is not restored to Tenant, or any guarantor of this Lease, within ninety (90) days; or (g) The attachment, execution or judicial seizure of substantially all of Tenant’s breach of the same provision 's, or any guarantor's of this Lease, other than assets located at the obligation to pay RentProperty or of Tenant's, more than twice or any guarantor's of this Lease, interest in this Lease, if not discharged within ninety (290) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantorsdays.

Default by Tenant. 22.1 The following will be events term "Event of default by Tenant under this LeaseDefault" refers to the occurrence of any one (1) or more of the following: (a) Failure of Tenant to pay when due any installment of Rent or any other payment sum required pursuant to this Lease be paid hereunder (the "Monetary Default") within five (5) days of due date; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of written notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenantfrom Landlord; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from after the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, other than the obligation first failure to pay Rent, more than twice (2) any sum required to be paid hereunder in any twelve (12) month period, in the event that Tenant fails a second time to pay when due any sum required to be paid hereunder during such twelve (12) month period, such failure shall be deemed to automatically constitute a Monetary Default without any obligation on Landlord to provide any additional written notice, and provided further that Tenant acknowledges that any such written notice provided hereunder shall be in lieu of, and not in addition to, any notice to pay rent or quit pursuant to any applicable statutes; (hb) Failure of Tenant, after fifteen (15) days written notice thereof, to deliverperform any of Tenant's obligations, maintain covenants, or restore agreements except a Monetary Default, provided that if the Security Deposit pursuant cure of any such failure is not reasonably susceptible of performance within such fifteen (15) day period, then an Event of Default of Tenant shall not be deemed to have occurred so long as Tenant has promptly commenced and thereafter diligently prosecutes such cure to completion and completes that cure within thirty (30) days; (c) Tenant, or any guarantor of Tenant's obligations under this Lease (the "Guarantor"), admits in writing that it cannot meet its obligations as they become due; or is declared insolvent according to any law; or assignment of Tenant's or Guarantor's property is made for the benefit of creditors; or a receiver or trustee is appointed for Tenant or Guarantor or its property; or the interest of Tenant or Guarantor under this Lease is levied on under execution or other legal process; or any petition is filed by or against Tenant or Guarantor to declare Tenant bankrupt or to delay, reduce, or modify Tenant's debts or obligations; or any petition filed or other action taken to reorganize or modify Tenant's or Guarantor's capital structure if Tenant is a corporation or other entity. Any such levy, execution, legal process, or petition filed against Tenant or Guarantor shall not constitute a breach of this Lease provided Tenant or Guarantor shall vigorously contest the same by appropriate proceedings and shall remove or vacate the same within ninety (90) days from the date of its creation, service, or filing; (d) The abandonment (as defined in California Civil Code section 1951.3) of the Premises by Tenant; (e) The discovery by Landlord that any financial statement given by Tenant or any of its assignees, subtenants, successors-in-interest, or Guarantors was materially false; or (f) If Tenant or any Guarantor shall die, cease to exist as a corporation or partnership, or be otherwise dissolved or liquidated (except to the extent the same is a Permitted Transfer) or become insolvent, or shall make a transfer in fraud of creditors. 22.2 In the event of any Event of Default by Tenant, Landlord, at its option, may pursue one or more of the following remedies without notice or demand in addition to all other rights and remedies provided for at law or in equity: (a) Landlord may continue this Lease in full force and effect, and this Lease shall continue in full force and effect as long as Landlord does not terminate Tenant's right to possession, and Landlord shall have the right to collect Rent when due. Landlord may enter the Premises and relet it, or any part of it, to third parties for Tenant's account, provided that any Rent in excess of the Rent due hereunder shall be payable to Landlord. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, brokers' commissions, expenses of cleaning and redecorating the Premises required by the reletting and like costs. Reletting may be for a period shorter or longer than the remaining Term of this Lease. Tenant shall pay to Landlord the Rent and other sums due under this Lease on the dates the Rent is due, less the Rent and other sums Landlord receives from any reletting. No act by Landlord allowed by this Section 11.2 hereof within 22.2(a) shall terminate this Lease unless Landlord notifies Tenant in writing that Landlord elects to terminate this Lease. (b) Landlord may terminate Tenant's right to possession of the timeframes provided; andPremises at any time by giving written notice to that effect. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises or the appointment of a receiver on Landlord's initiative to protect Landlord's interest under this Lease shall not constitute a termination of Tenant's right to possession. On termination, Landlord shall have the right to remove all personal property of Tenant and store it at Tenant's cost and to recover from Tenant as damages: (i) Failure the worth at the time of any award of unpaid Rent and other sums due and payable which had been earned at the time of termination; plus (ii) the worth at the time of award of the guarantors to fulfill amount by which the terms unpaid Rent and conditions other sums due and payable which would have been payable after termination until the time of award exceeds the amount of the Guaranty or Rent loss that Tenant proves could have been reasonably avoided; plus (iii) the breach worth at the time of award of the Guaranty amount by one which the unpaid Rent and other sums due and payable for the balance of the Guarantors.Term after the time of award exceeds the amount of the Rent loss that Tenant proves could be reasonably avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform Tenant's obligations under this Lease, or which, in the ordinary course of things, would be likely to result therefrom, including, without limitation, any costs or expenses incurred by Landlord: (A) in retaking possession of the Premises, including reasonable attorneys' fees and costs therefor; (B) maintaining or preserving the Premises for reletting to a new tenant, including repairs or alterations to the Premises for the reletting;

Default by Tenant. Landlord shall have the right to terminate this lease upon the following listed defaults by TENANT and shall be entitled to elect to collect periodic damages or total damages as follows: a. The occurrence of any of the following will be events shall constitute an event of default by Tenant under this Leasedefault: (a1) Failure to pay when Delinquency in the due and punctual payment of any installment rent or additional rent payable under this period of Rent or any other payment required pursuant to this Lease within five (5) days of due date;after written notice. (b2) The filing Delinquency by the Tenant in the performance of a petition for bankruptcy or insolvency under compliance with any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; conditions contained in each of this lease other than those referred to in the foregoing casessubparagraph (1), if not dismissed within 30 days for a period of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt written notice thereof from the LANDLORD to the TENANT, except for any such 30 day period, in which event the time permitted to the TENANT to cure such default, provided the TENANT commences promptly and proceeds diligently to cure such default, and provide further that such period of notice time shall not be so extended as to jeopardize the interest of same;the LANDLORD or the TENANT to any civil or criminal liabilities. (e3) The liquidationFiling by the TENANT in any court pursuant to any statue, termination or dissolution either of Tenant the United States or any Guarantorstate, oror a petition in bankruptcy or insolvency, or for reorganization, or for the appointment of a receiver or trustee of all or a portion of the TENANT'S property or an assignment by the TENANT for the benefit of creditors. (4) Filing against the TENANT in any court pursuant to any statue, either of the United States or of any state, of a petition in bankruptcy or insolvency, or for reorganization or for appointment of a receiver or trustee of all or a portion of the TENANT'S property, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; within ninety (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (2090) days after the commencement of any such proceeding against the TENANT such petition shall not have been dismissed. b. Upon the occurrence of an event of default, the LANDLORD at any time thereafter may give written notice thereof to Tenant; providedthe TENANT specifying such event of default and stating that this lease shall expire on the date specified in such notice, howeverand upon the date specified in such notice this lease and all rights of the TENANT hereunder shall terminate. c. Upon the expiration of this lease pursuant to paragraph (b) of this article, that if the TENANT shall peacefully surrender the demised property to the LANDLORD, and the LANDLORD, upon or at any time after any such breach cannot be cured within expiration, may without further notice reenter the leased property and repossess it by force, summary proceedings ejectment, or otherwise, and may dispossess the TENANT and remove the TENANT and all other persons and property from the leased property and may have, hold, and enjoy the leased property including the right to receive all rental income therefrom. d. At any time after any such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice expiration, the LANDLORD may relet the demised premises or any part thereof, then in the name of the LANDLORD or otherwise, for such cure period term (which may be greater of less of the term of this lease) and on such conditions (which may include concessions or free rent) as the LANDLORD, in its uncontrolled discretion, may determine, and may collect and receive the rent therefor. The landlord shall in no way be responsible or liable for any failure to relet the leased property or any part thereof, or any failure to collect any rent due upon any such reletting. e. No such expiration of this lease shall relive the TENANT of its liability and obligations under this lease, and such liability and obligations, shall survive any such expiration. In the event of any such expiration, whether or not the demised premises or any part the rent and additional rent required to be paid by the TENANT up to the time of such expiration, and thereafter the TENANT, until the such expiration, shall be extended liable to the LANDLORD for, and shall pay to the LANDLORD as and for so long liquidated and agreed current damages for the TENANT'S default: (1) The equivalent of the amount of the rent and additional rent which would be payable under this lease by the TENANT if this lease were still in effect, less (2) The net proceeds of any reletting effected pursuant to the provisions of paragraph (d) of this article, after deducting all the LANDLORD'S expenses in connection with such reletting, including without limitation, all repossession cost, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation for such reletting. f. Then TENANT shall pay such current damages, herein called deficiency, to the LANDLORD monthly on the days on which the rent and additional rent would have been payable under this lease if this lease were still in effect, and the LANDLORD shall be entitled to recover from the TENANT each monthly deficiency, as Tenant continues such deficiency shall arise. At any time after any such expiration, whether or not the LANDLORD shall have collected any monthly deficiency, the LANDLORD shall be entitled to use diligent efforts recover from the TENANT, and the TENANT shall pay to curethe LANDLORD, not on demand, as and for liquidated and agreed final damages for the TENANT'S default, an amount equal to exceed a total the difference between the rent and additional rent reserved hereunder for the unexpired portion of sixty (60) days from the lease term and then fair and reasonable rental value of the leased property for the same period. In the computation of such damages the difference between any installment of rent becoming due hereunder after the date of Landlord’s notice; (g) Tenant’s breach termination and the fair and reasonable rental value of the same provision leased property for the period for which such installment was payable shall be discounted to the date of termination at the rate of four percent per annum. If the leased property or any part therof is relet by the LANDLORD for the unexpired term of this Leaselease, other or any part thereof, before presentation of proof of such liquidated damages to any court, commission, or tribunal, the amount of rent reserved upon such reletting shall be deemed prima facie to be the fair and reasonable rental value for the part or the whole of the leased property so relet during the term of the reletting. Nothing herein contained shall limit or prejudice the right of the LANDLORD to prove for and obtain as liquidated damages by reason of such termination an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved, whether or not such amount be greater, equal to, or less than the obligation amount of the difference referred to pay Rentabove. g. The TENANT hereby expressly waives, more than twice (2) so far as permitted by law, the service of any notice of intention to reenter provided for in any twelve (12) month period; (h) Failure statue, or of the institution of legal proceedings to deliverthat end. The TENANT, maintain for and on behalf of itself and all persons claiming through or under the TENANT, also waive any right of redemption or reentry or repossession or to restore the Security Deposit pursuant to Section 11.2 hereof within operation of this lease in case the timeframes provided; and (i) Failure TENANT shall be dispossessed by a judgment or by warrant of any court or judge or in case of reentry or repossession by the guarantors LANDLORD. h. The terms "enter", "reenter", "entry", or "reentry", as used in this lease are not restricted to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantorstheir technical legal meaning.

Default by Tenant. The occurrence of any one or more of the following will be events shall constitute a material default and breach of default this Amended Lease by Tenant under this LeaseTenant: (a) Failure to pay when due any installment The vacating or abandonment of Rent or any other payment required pursuant to this Lease within five (5) days of due datethe Property by Tenant; (b) The filing failure by Tenant to make any payment of a petition for bankruptcy rent or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations other payment required to be made by Tenant hereunder, as they become and when due, or the appointment or where such failure shall continue for a receiver or trustee for all or substantially all period of fifteen (15) days after notice by Landlord to Tenant of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply failure to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”)receive payment; (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether The failure by Tenant to observe or perform any Guarantor; (d) The filing of the covenants, conditions, or imposition provisions of a lien against any franchise agreement affecting the Premises, the Buildings Property or the Property as business operated thereon, or under this Amended Lease to be observed or performed by Tenant, where such failure shall continue for a result period of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of written notice of same; (e) The liquidationthereof, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement from Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if the nature of Tenant's default is such breach canthat more than thirty (30) days are reasonably required for its cure, than Tenant shall not be cured deemed to be in default if Tenant commenced the cure within such 20 the thirty (30) day period using diligent efforts and thereafter diligently prosecutes the cure to completion; (d) The making by Tenant promptly commenced efforts of any general assignment or general arrangement for the benefit of creditors without the consent of Landlord or the beneficiary under any deed of trust encumbering the Property; (e) The filing by or against Tenant, or any guarantor of this Amended Lease, of a petition to cure such breach upon receipt have Tenant, or any guarantor of Landlord’s notice thereofthis Amended Lease, then such cure period shall be extended adjudicated a bankrupt or a petition for so long as Tenant continues reorganization or arrangement under any law relating to use diligent efforts bankruptcy (unless, in the case of a petition filed against Tenant, or any guarantor of this Amended Lease, the same is dismissed within ninety (90) days; (f) The appointment of a trustee or receiver to curetake possession of substantially all of Tenant's, or any guarantor's of this Amended Lease, assets located at the Property or of Tenant's, or any guarantor's of this Amended Lease, interest in this Amended Lease, where possession is not restored to exceed a total Tenant, or any guarantor of sixty this Amended Lease, within ninety (6090) days from the date of Landlord’s notice;days; or (g) The attachment, execution or judicial seizure of substantially all of Tenant’s breach of the same provision 's, or any guarantor's of this Amended Lease, other than assets located at the obligation to pay RentProperty or of Tenant's, more than twice or any guarantor's of this Amended Lease, interest in this Amended Lease, if not discharged within ninety (290) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantorsdays.

Default by Tenant. The Each of the following will events shall constitute, and hereafter be events referred to as "an Event of default by Tenant under this Lease:Default" (a) Failure if Tenant fails or refuses to pay when due any installment of Rent or any other as and when due hereunder unless payment required pursuant to this Lease in full thereof is made within five (5) days of due date; thereafter; (b) The filing of a petition for bankruptcy if Tenant fails or insolvency under refuses to perform, observe or comply with any applicable federal covenant, agreement, duty or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become due, or the appointment or a receiver or trustee for all or substantially all obligation of the assets of Tenant; in each of Tenant strictly according to the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision terms of this Lease Agreement unless such failure or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, refusal is cured within twenty (20) days after receipt of notice thereof to Tenant; providedfrom Landlord, howeveror, that if such breach failure or refusal cannot be cured within such 20 twenty (20) day period, unless Tenant promptly commences to cure the same within such twenty (20) day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then thereafter continuously and diligently prosecutes such cure period and completes the same; (c) if Tenant or any guarantor of this Lease Agreement shall make an assignment for the benefit of its creditors; (d) if Tenant's interest in this Lease Agreement or in the Leased Premises is encumbered or taken by attachment, lien, execution or their legal process; (e) if any petition shall be extended for so long as filed by or against Tenant continues or any guarantor of this Lease Agreement in any court, whether or not pursuant to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach any statute of the same provision United States or of any State, in any bankruptcy, reorganization, composition, extension, arrangement, receivership, insolvency or similar proceedings or if Tenant, or if any guarantor of this LeaseLease Agreement, other than shall be adjudicated bankrupt, or if any such petition shall be approved by the obligation to pay Rent, more than twice appropriate court or if the court shall assume jurisdiction of the subject matter thereof; (2f) if in any twelve (12) month period; (h) Failure to deliver, maintain proceedings any receiver or restore trustee shall be appointed for Tenant's property or the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure property of any guarantor of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.this Lease Agreement; or

Default by Tenant. The Any of the following will be events shall constitute an event of default (the "Event of Default") by Tenant under this Leasehereunder: (a) Failure failure to pay when due to Port any installment of Rent or other sum payable hereunder when due, and such default continues for a period of three (3) days following written notice from Port. Notwithstanding the foregoing, Port shall not be required to provide such notice more than twice during any other payment required pursuant twelve (12)-month period, and any such failure by Tenant after Tenant has received two (2) such notices in such twelve (12)-month period shall constitute an Event of Default by (b) abandonment or vacation of the Premises by Tenant; or (c) failure to use the Premises solely for the Permitted Use, as determined by Port in its sole and absolute discretion and such failure continues for a period of twenty-four (24) hours following written notice from Port; provided, however, that notwithstanding the foregoing, failure to use the Premises solely for the Permitted Use shall, at Port's sole and absolute discretion, be deemed an incurable breach of this Lease, allowing Port to immediately terminate this Lease without notice or demand to Tenant; or (d) failure by Tenant to execute and deliver to Port the estoppel certificate within the time period and in the manner required by Section 34 below, and Tenant's failure to cure the foregoing default within five (5) days of due date;following written notice from Port; or (be) The filing a Transfer, or attempted Transfer, of a petition for bankruptcy this Lease or insolvency under the Premises by Tenant contrary to the provision of Section 20 above; or (f) failure to provide evidence of insurance coverage complying with the provisions of Section 16 above, failure to maintain any applicable federal insurance required to be maintained by Tenant pursuant to this Lease, or state bankruptcy if any such insurance shall be canceled or insolvency lawterminated or shall expire or be reduced or materially changed, except as permitted in this Lease and Tenant's failure to deliver evidence of such coverage or failure to reinstate such coverage, all within three (3) business days following written notice from Port; an adjudication or (g) failure by Tenant to comply with the provisions of bankruptcy or insolvency or an admission that it Section 15 above and Tenant's failure to cure the foregoing default within twenty-four (24) hours following written notice from Port. If such default cannot meet its financial obligations as they become duereasonably be cured within such twenty-four (24) hour period, or the appointment or a receiver or trustee for all or substantially all Tenant shall not be in default of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease if Tenant commences to cure the default within such twenty-four (each24) hour period and diligently and in good faith continues to cure the default, a “Guarantor”); (c) A transfer provided, however, in fraud of creditors or an assignment for the benefit of creditors, whether by no event shall Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within have more than thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice; (g) Tenant’s breach of the same provision of this Lease, other than the obligation to pay Rent, more than twice (2) in any twelve (12) month period;default; or (h) Failure without limiting the provisions of Sections 21(c) or 21(g) above, failure by Tenant to deliver, maintain or restore comply with Laws and Tenant's failure to cure the Security Deposit pursuant to Section 11.2 hereof foregoing default within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantors.forty-eight

Default by Tenant. The Any of the following will be events shall constitute an event of default (the "Event of Default") by Tenant under this Leasehereunder: (a) Failure failure to pay when due to Port any installment of Rent or any other payment required pursuant to this Lease within five sum payable hereunder when due, and such default continues for a period of three (53) days following written notice from Port. Notwithstanding the foregoing, Port shall not be required to provide such notice more than twice during any 12-month period, and any such failure by Tenant after ▇▇▇▇▇▇ has received two (2) such notices in such 12-month period shall constitute an Event of due date;Default by Tenant hereunder without any further action by Port or opportunity of Tenant to cure except as may be required by Section 1161 of the California Code of Civil Procedure; or (b) The filing failure by Tenant to deliver the Participation Rent Statement, revised or confirmation statement or Annual Statement when due and such default continues for a period of a petition for bankruptcy ten (10) days following written notice from Port. Notwithstanding the foregoing, Port shall not be required to provide such notice more than twice during any twelve (12) month period, and any such failure by Tenant after Tenant has received two (2) such notices in such twelve (12) month period shall, at the option of Port, constitute an Event of Default by Tenant hereunder without any further action by Port (including, but not limited to, notice to Tenant of such failure) or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication opportunity of bankruptcy or insolvency or an admission that it cannot meet its financial obligations Tenant to cure except as they become due, or the appointment or a receiver or trustee for all or substantially all may be required by Section 1161 of the assets California Code of TenantCivil Procedure; in each of the foregoing cases, if not dismissed within 30 days of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations of Tenant under this Lease (each, a “Guarantor”);or (c) A a second understatement by Tenant of its Gross Revenues for any audit period by five percent (5%) or more within any three (3) year period of the first such understatement; or (d) Failure to maintain and repair Port buildings or Port’s Equipment and such failure continues for a period of thirty (30) days after written notice by Port, provided that if such default is not capable of cure within such thirty (30) day period, Tenant shall have a reasonable period to complete such cure if Tenant promptly undertakes action to cure such default within such thirty (30) day period and thereafter diligently prosecutes the same to completion within sixty (60) days (or such longer period as determined by Port upon Tenant’s failure to cure after diligent prosecution) after the receipt of notice of default by Port. Port shall not be required to provide such notice more than twice in any twelve (12) month period with respect to any material non-monetary defaults and after the second notice in any calendar year, any subsequent failure by Tenant during such twelve (12) month period shall automatically constitute an Event of Default hereunder; or (e) failure to comply with Tenant's continuous operations covenant set forth in Section 5.1, as determined by Port in its sole and absolute discretion and such failure continues for a period of thirty (30) days following written notice from Port; or (f) abandonment or vacation of the Premises by Tenant; or (g) failure to conduct only the Permitted Use or failure to seek Port’s prior written consent for a material new or modified use, as determined by Port in its sole and absolute discretion and such failure continues for a period of forty-eight (48) hours following written notice from Port; or (h) failure by Tenant to execute and deliver to Port the estoppel certificate within the time period and in the manner required by Section 36 below, and ▇▇▇▇▇▇'s failure to cure the foregoing default within ten (10) days following written notice from Port; or (i) a Transfer, or attempted Transfer, of this Lease or the Premises by Tenant contrary to the provision of Section 23 above; or (j) failure by Tenant or Tenant's broker as applicable to provide evidence of insurance coverage complying with the provisions of Section 18 above, failure to maintain any insurance required to be maintained by Tenant pursuant to this Lease, or if any such insurance shall be canceled or terminated or shall expire or be reduced or materially changed, except as permitted in this Lease, and Tenant's or Tenant's broker's failure to deliver evidence of such coverage or failure to reinstate such coverage, all within three (3) business days following written notice from Port; or (k) failure by Tenant to comply with the provisions of Section 17 above and ▇▇▇▇▇▇'s failure to cure the foregoing default within twenty-four (24) hours following written notice from Port. If such default cannot reasonably be cured within such twenty-four (24) hour period, Tenant shall not be in default of this Lease if Tenant commences to cure the default within such twenty-four (24) hour period and diligently and in good faith continues to cure the default, provided, however, in no event shall Tenant have more than thirty (30) days to cure such default; or (l) failure by Tenant to discharge any lien or encumbrance placed on the Facility or any part thereof in violation of this Lease within ten (10) days after the date such lien or encumbrance is filed or recorded against the Facility or any part thereof, or if Tenant has no knowledge of such lien, then Tenant shall discharge such lien or encumbrance within fifteen (15) days following Tenant's knowledge of such lien or encumbrance; or (m) failure by Tenant to observe, keep or perform any of the other terms, covenants, agreements or conditions contained in this Lease and required to be observed or performed by Tenant and not specifically enumerated in this Section 24, and such failure continues for a period of thirty (30) days after written notice by Port, provided that if such default is not capable of cure within such thirty (30) day period, Tenant shall have a reasonable period to complete such cure if Tenant promptly undertakes action to cure such default within such thirty (30) day period and thereafter diligently prosecutes the same to completion within sixty (60) days (or such longer period as determined by Port upon Tenant’s failure to cure after diligent prosecution) after the receipt of notice of default by Port. Port shall not be required to provide such notice more than twice in any twelve (12) month period with respect to any material non-monetary defaults and after the second notice in any calendar year, any subsequent failure by Tenant during such twelve (12) month period shall automatically constitute an Event of Default hereunder; or (n) Tenant shall become bankrupt or insolvent or make a transfer in fraud of creditors creditors, or make an assignment for the benefit of creditors, whether by or bring or have brought against Tenant any action or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result proceedings of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of kind under any provision of this Lease the U.S. Bankruptcy Code or under any other lease insolvency, bankruptcy or agreement Landlord and reorganization act and, in the event such proceedings are involuntary, Tenant are a party to, other than is not discharged from the obligation to pay Rent, same within twenty (20) days after notice thereof to Tenant; provided, however, that if such breach cannot be cured within such 20 day period using diligent efforts and Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then such cure period shall be extended for so long as Tenant continues to use diligent efforts to cure, not to exceed a total of sixty (60) days from the date of Landlord’s notice;thereafter; or (go) Tenant’s breach a receiver is appointed for a substantial part of the same provision assets of this Lease, other than the obligation to pay Rent, more than twice Tenant and such receiver is not discharged within sixty (260) in any twelve (12) month period;days; or (hp) Failure to deliver, maintain this Lease or restore the Security Deposit pursuant to Section 11.2 hereof any estate of Tenant under this Lease shall be levied upon by any attachment or execution and such attachment is not stayed or lifted within the timeframes providedsixty (60) days; andor (iq) Failure without limiting the provisions of any of Sections 24(d), 24(g), 24(k), or 24(m) or lengthening the guarantors cure periods under those subsections, failure by Tenant to fulfill comply with Laws and Tenant's failure to cure the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantorsforegoing default within forty-eight (48) hours following written notice from Port.

Default by Tenant. The occurrence of any of the following will be events of shall constitute a breach of, and default under, this Lease by Tenant: 19.1 Failure by Tenant under to pay any amount (including, without limitation, monthly installments of Base Rent and Additional Rent) when and as same becomes payable in accordance with the provisions of this Lease:, and the continuation of such failure for a period of ten (10) days. (a) 19.2 Failure to pay when due any installment by Tenant in the due, prompt and complete performance or observance of Rent or any other payment required pursuant to express or implied covenant, agreement or obligation of Tenant contained in this Lease within five (5) days of due date; (b) The filing of a petition for bankruptcy or insolvency under any applicable federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an admission that it cannot meet its financial obligations as they become dueLease, or and the appointment or a receiver or trustee for all or substantially all of the assets of Tenant; in each of the foregoing cases, if not dismissed within 30 days continuation of such filing, adjudication, admission or appointment, as applicable; the foregoing shall also apply to any party guaranteeing the obligations failure for a period of Tenant under this Lease (each, a “Guarantor”); (c) A transfer in fraud of creditors or an assignment for the benefit of creditors, whether by Tenant or any Guarantor; (d) The filing or imposition of a lien against the Premises, the Buildings or the Property as a result of any act or omission of Tenant and the failure of Tenant to satisfy or bond the lien in its entirety within thirty (30) days after receipt written notice from Landlord to Tenant specifying the nature of notice of same; (e) The liquidation, termination or dissolution of Tenant or any Guarantor, or, if Tenant or any Guarantor is a natural person, the death of Tenant or such Guarantor; (f) Failure to cure the breach of any provision of this Lease or any other lease or agreement Landlord and Tenant are a party to, other than the obligation to pay Rent, within twenty (20) days after notice thereof to Tenantfailure; provided, however, that if any such breach failure not involving a hazardous condition cannot reasonably be cured within such 20 day period using diligent efforts and period, Tenant shall not be deemed to be in default hereunder if Tenant promptly commenced efforts to cure such breach upon receipt of Landlord’s notice thereof, then commences such cure within such period shall and thereafter diligently pursues such cure to completion within a reasonable time but, in no event, more than one hundred twenty (120) days after such notice. 19.3 Tenant's vacating, abandoning or failing to accept tender of possession of the Premises or any significant portion thereof. 19.4 Any financial statement or any representation given to Landlord by Tenant, or any assignee, sublessee or successor of Tenant or any guarantor of this Lease, proves to be extended materially false or misleading. 19.5 The insolvency of Tenant; the making by Tenant of any assignment for so long as the benefit of creditors; the filing by or against Tenant continues of a petition to use diligent efforts have Tenant adjudged bankrupt or of a petition for reorganization or arrangement under any law relating to curebankruptcy, not to exceed insolvency or creditors' rights in general (unless in the case of a total of petition filed against Tenant, the same is dismissed within sixty (60) days from days); the date appointment of Landlord’s notice; a trustee or receiver to take possession of all or a substantial part of Tenant's assets or of Tenant's interest under this Lease, where such seizure is not discharged within sixty (g60) Tenant’s breach days. The occurrence of any of the same provision acts or events referred to in this subsection with respect to any guarantor of this Lease, if any, shall also constitute a default hereunder. 19.6 The attachment, execution or other than judicial seizure of a substantial portion of Tenant's assets or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) days. 19.7 Tenant's failure to cause to be released any mechanics' liens filed against the obligation Premises or the Project as required in the Lease. 19.8 Tenant's failure to pay Rent, more than twice observe or perform according to the provisions of Section 14 and Section 16 hereof within two (2) in any twelve (12) month period; (h) Failure to deliver, maintain or restore the Security Deposit pursuant to Section 11.2 hereof within the timeframes provided; and (i) Failure of any of the guarantors to fulfill the terms and conditions of the Guaranty or the breach of the Guaranty by one of the Guarantorsbusiness days after notice from Landlord.