Common use of Default by the Lessee Clause in Contracts

Default by the Lessee. (A) If the Lessee shall fail (1) to pay any rental payable hereunder when the same becomes due and payable, time being expressly declared to be of the essence in this Lease Agreement; or (2) to keep, observe or perform any other term, covenant or condition contained herein to be kept or performed by the Lessee; or (B) upon the happening of any of the events specified in subsection (b) of this Section, the Lessee shall be deemed to be in default hereunder and, it shall be lawful for the Lessor to exercise any and all remedies available pursuant to law or granted pursuant to this Lease Agreement. The Lessee shall in no event be in default in the observance or performance of any covenant, condition or agreement in this Lease Agreement on its part to be observed or performed, other than as referred to in clause (A)(1) or (B) of the preceding sentence, unless the Lessee shall have failed, for a period of thirty (30) days or such additional time as is reasonably required, to correct any such default after notice by the Lessor to the Lessee properly specifying wherein the Lessee has failed to perform any such covenant, condition or agreement. The Lessee shall in no event be in default in the observance or performance of any covenant, condition or agreement in this Lease Agreement on its part to be observed or performed under (A)(1) above, unless the Lessee shall have received written notice from the Lessor of its failure to pay any such rental payment and failed, for a period of ten (10) days thereafter, to pay such rental payment. Upon any such default, the Lessor, in addition to all other rights and remedies it may have at law, shall have the option to do any of the following: (i) To terminate this Lease Agreement in the manner hereinafter provided on account of default by the Lessee, notwithstanding any re-entry or re- letting of the Premises as hereinafter provided for in subparagraph (2) hereof, and to re-enter the Premises and remove all persons in possession thereof and all personal property whatsoever situated upon the Premises and place such personal property in storage in any warehouse or other suitable place located within the geographical boundaries of the Lessee, for the account of and at the expense of the Lessee. In the event of such termination, the Lessee agrees to surrender immediately possession of the Premises, without let or hindrance, and to pay the Lessor all damages recoverable at law that the Lessor may incur by reason of default by the Lessee, including, without limitation, any costs, loss or damage whatsoever arising out of, in connection with, or incident to any such re-entry upon the Premises and removal and storage of such property by the Lessor or its duly authorized agents in accordance with the provisions herein contained. Neither notice to pay rent or to deliver up possession of the Premises given pursuant to law nor any entry or re-entry by the Lessor nor any proceeding in unlawful detainer, or otherwise, brought by the Lessor for the purpose of affecting such re-entry or obtaining possession of the Premises nor the appointment of a receiver upon initiative of the Lessor to protect the Lessor’s interest under this Lease Agreement shall of itself operate to terminate this Lease Agreement, and no termination of this Lease Agreement on account of default by the Lessee shall be or become effective by operation of law or acts of the parties hereto, or otherwise, unless and until the Lessor shall have given written notice to the Lessee of the election on the part of the Lessor to terminate this Lease Agreement. The Lessee covenants and agrees that no surrender of the Premises or of the remainder of the term hereof or any termination of this Lease Agreement shall be valid in any manner or for any purpose whatsoever unless stated or accepted by the Lessor by such written notice. (ii) Without terminating this Lease Agreement, (A) to collect each installment of rent as it becomes due and enforce any other terms or provisions hereof to be kept or performed by the Lessee, regardless of whether or not the Lessee has abandoned the Premises or (B) to exercise any and all rights of entry and re-entry upon the Premises. In the event the Lessor does not elect to terminate this Lease Agreement in the manner provided for in subparagraph (i) hereof, the Lessee shall remain liable and agrees to keep or perform all covenants and conditions herein contained to be kept or performed by the Lessee and, if the property is not re- let, to pay the full amount of the rent to the end of the term of this Lease Agreement or, in the event that the Premises is re- let, to pay any deficiency in rent that results therefrom; and further agrees to pay said rent and/or rent deficiency punctually at the same time and in the same manner as hereinabove provided for the payment of rent hereunder, notwithstanding the fact that the Lessor may have received in previous years or may receive thereafter in subsequent years rental in excess of the rental herein specified, and notwithstanding any entry or re-entry by the Lessor or suit in unlawful detainer, or otherwise, brought by the Lessor for the purpose of effecting such re-entry or obtaining possession of the Premises. Should the Lessor elect to re-enter as herein provided, the Lessee hereby irrevocably appoints the Lessor as the agent and attorney- in- fact of the Lessee to re-let the Premises, or any part thereof, from time to time, either in the Lessor’s name or otherwise, upon such terms and conditions and for such use and period as the Lessor may deem advisable and to remove all persons in possession thereof and all personal property whatsoever situated upon the Premises and to place such personal property in storage in any warehouse or other suitable place located within the geographical boundaries of the Lessee, for the account of and at the expense of the Lessee, and the Lessee hereby indemnifies and agrees to save harmless the Lessor from any costs, loss or damage whatsoever arising out of, in connection with, or incident to any such re- entry upon and re- letting of the Premises and removal and storage of such property by the Lessor or its duly authorized agents in accordance with the provisions herein contained. The Lessee agrees that the terms of this Lease Agreement constitute full and sufficient notice of the right of the Lessor to re- let the Premises in the event of such re-entry without effecting a surrender of this Lease Agreement, and further agrees that no acts of the Lessor in effecting such re-letting shall constitute a surrender or termination of this Lease Agreement irrespective of the use or the term (subject to the preceding sentence) for which such re-letting is made or the terms and conditions of such re- letting, or otherwise, but that, on the contrary, in the event of such default by the Lessee the right to terminate this Lease Agreement shall vest in the Lessor to be effected in the sole and exclusive manner provided for in subparagraph (i) hereof. The Lessee further waives the right to any rental obtained by the Lessor in excess of the rental herein specified and hereby conveys and releases such excess to the Lessor as compensation to the Lessor for its services in re- letting the Premises. The Lessee agrees to return the Premises to the Lessor in as good condition as when delivered, ordinary wear and tear, damage by earthquake, fire or the elements and other disaster excepted; provided, however, this shall not relieve the Lessee of any damages and costs incurred by the Lessor to mitigate damages in the event of a default by the Lessee hereunder. The Lessee hereby waives any and all claims for damages caused or which may be caused by the Lessor in re-entering and taking possession of the Premises as herein provided and all claims for damages that may result from the destruction of or injury to the Premises and all claims for damages to or loss of any property belonging to the Lessee, or any other person, tha t may be in or upon the Premises. Notwithstanding anything herein to the contrary, future Base Rent payments due hereunder shall not be accelerated and become immediately due and payable upon a default by the Lessee hereunder. The Lessor shall be required to sue for each Base Rent payment as each such payment becomes due under this Lease Agreement.

Default by the Lessee. 15.1 Each of the following constitutes a default by the Lessee under this lease: (Aa) If if the rent hereby reserved or any part thereof or any contribution to the Lessor’s Outgoings shall be unpaid and in arrears for 7 days after the same shall have become due whether any formal or other demand shall have been made for such moneys; or (b) if any other moneys payable by the Lessee to the Lessor shall not have been paid within 14 days of the due date for such monies; or (c) if the Lessee shall not commence effecting the repairs required by any notice given by the Lessor to the Lessee within a reasonable time after the giving of such notice; or (d) if the Lessee shall fail (1) to pay any rental payable hereunder when the same becomes due and payable, time being expressly declared to be of the essence in this Lease Agreement; observe perform or (2) to keep, observe or perform any other term, covenant or condition contained herein to be kept or performed by the Lessee; or (B) upon the happening of fulfil any of the events specified other terms covenants conditions and restrictions contained on the part of the Lessee whether positive or negative after having been given 30 days written notice by the Lessor specifying the failure; or (e) if the Lessee or any Guarantor (being a company) enters into liquidation (otherwise than for the purpose of reconstruction or amalgamation reasonably (f) approved by the Lessor in subsection writing) or if a receiver or official manager or provisional liquidator or administrator is appointed or enters into a scheme of arrangement or composition with or assignment for the benefit of all or any clause of its creditors; or (bg) if the interest of the Lessee under this SectionLease is attached or taken in execution under any legal process; or (h) if the Lessee or any Guarantor (being an individual) shall be declared bankrupt or insolvent according to law, then the Lessee shall be deemed to be in default hereunder and, it shall be lawful for the Lessor to exercise any and all remedies available pursuant to law or granted pursuant to this Lease Agreement. The Lessee shall in no event be in default in the observance or performance of any covenant, condition or agreement in this Lease Agreement on its part to be observed or performed, other than as referred to in clause (A)(1) or (B) of the preceding sentence, unless have made default. 15.2 If the Lessee shall have failed, for a period of thirty (30) days or such additional time as is reasonably required, to correct any such default after notice by the Lessor to the Lessee properly specifying wherein the Lessee has failed to perform any such covenant, condition or agreement. The Lessee shall in no event be in default in the observance or performance of any covenant, condition or agreement in this Lease Agreement on its part to be observed or performed under (A)(1) above, unless the Lessee shall have received written notice from the Lessor of its failure to pay any such rental payment and failed, for a period of ten (10) days thereafter, to pay such rental payment. Upon any made such default, the Lessor may (after first giving prior notice where required by law) at its option: (a) re-enter into and take possession of the Premises or any part in the name of the whole (by force if necessary) and eject the Lessee and all other persons therefrom and repossess and enjoy the same as of its first and former estate upon which event this Lease shall be absolutely terminated; or (b) by notice in writing to the Lessee terminate this Lease (and from the date of giving such notice this Lease shall be absolutely terminated); or (c) by notice in writing to the Lessee elect to convert the said term into a tenancy from week to week in which event this Lease shall be determined as from the giving of such notice and thereafter the Lessee shall hold the Premises from the Lessor as Lessee from week to week at a weekly rental equal to one (1) week’s proportion of the rent payable at such time commencing from the date of service of such notice (such rental being payable weekly in advance) but otherwise on the terms and conditions of this Lease so far as they can be applied to a weekly tenancy. 15.3 The Lessee agrees that the following are essential terms of this Lease: (a) the covenant to pay rent throughout the term of the Lease on the due date for payment of each monthly instalment of rent; and (b) the covenant to pay the Lessee’s proportion of the Lessor’s Outgoings; and (c) the covenant dealing with assignment, transfer and subletting; and (d) the covenant relating to repair and maintenance. 15.4 If the Lessee makes or is deemed to have made a default in the circumstances contained in this clause and if, as a consequence of such a default, the Lessor: (a) determines the Lease by re-entry; or (b) determines the Lease by notice; or (c) converts the term into a tenancy from week to week and if that tenancy is subsequently determined either by the Lessor or the Lessee before the expiration of the whole of the term; or (d) accepts the surrender of this Lease; THEN the Lessor in addition to all the remedies referred to in paragraphs (a), (b), (c) and(d) of this subclause and in addition to any other rights and remedies it the Lessor may have at lawor may have exercised, shall have will be entitled to recover from the option to do any of the following: (i) To terminate Lessee damages for all loss suffered because this Lease Agreement in will not have run the manner hereinafter provided on account whole of default by its term, such damages to include, but not to be limited to, the Lesseecosts of recovery of possession, notwithstanding the costs of reinstating the Premises, the costs of re-letting and any loss occasioned arising out of any lapse of time before re-letting or any re-entry letting at a rent and upon terms not as advantageous to the Lessor as the terms of this Lease. 15.5 In the event that the Lessee’s conduct (whether acts or re- letting omissions) constitutes a repudiation of this Lease, the Lessee covenants to compensate the Lessor for loss or damage suffered by reason of the repudiation or breach during the entire term of this Lease. The Lessor’s entitlement to recover damages shall not be affected or limited if the Lessee shall abandon or vacate the Premises as hereinafter provided for in subparagraph (2) hereof, and or if the Lessor shall elect to re-enter or terminate the Premises and remove all persons in possession thereof and all personal property whatsoever situated upon the Premises and place such personal property in storage in any warehouse Lease or other suitable place located within the geographical boundaries of accept the Lessee, for the account of and at the expense of the Lessee. In the event of such termination, ’s repudiation. 15.6 If the Lessee agrees to surrender immediately possession of the Premises, without let or hindrance, and shall fail to pay the Lessor all damages recoverable at law that the Lessor may incur any moneys payable by reason of default by the Lessee, including, without limitation, any costs, loss or damage whatsoever arising out of, in connection with, or incident it to any such re-entry upon the Premises and removal and storage of such property by person other than the Lessor or its duly authorized agents in accordance with the provisions herein contained. Neither notice to pay rent or to deliver up possession of the Premises given pursuant to law nor any entry or re-entry by the Lessor nor any proceeding in unlawful detainer, or otherwise, brought by the Lessor for the purpose of affecting such re-entry or obtaining possession of the Premises nor the appointment of a receiver upon initiative of the Lessor to protect the Lessor’s interest under this Lease Agreement shall of itself operate to terminate this Lease Agreement, and no termination of this Lease Agreement on account of default by if the Lessee shall be or become effective by operation of law or acts of the parties hereto, or otherwise, unless and until the Lessor shall have given written notice fail to the Lessee of the election perform any affirmative covenant on the part of the Lessee, the Lessor may at its option as the agent of the Lessee make any such payment or do all such acts and things and incur such expenses as may be necessary to terminate this Lease Agreement. The Lessee perform such covenants and agrees that no surrender of the Premises or of the remainder of the term hereof or any termination of this Lease Agreement shall be valid in any manner or for any purpose whatsoever unless stated or accepted by the Lessor by such written notice. (ii) Without terminating this Lease Agreement, (A) to collect each installment of rent as it becomes due and enforce any other terms or provisions hereof to be kept or performed by the Lessee, regardless of whether or not the Lessee has abandoned the Premises or (B) to exercise any and all rights of entry and re-entry upon the Premises. In the event the Lessor does not elect to terminate this Lease Agreement in the manner provided for in subparagraph (i) hereof, the Lessee shall remain liable and agrees to keep or perform all covenants and conditions herein contained to be kept or performed by the Lessee and, if the property is not re- let, to pay the full amount of any payments made or expenses incurred shall constitute a liquidated debt due and owing by the rent Lessee to the end Lessor. 15.7 No consent or waiver (express or implied) by the Lessor to or of any breach of any covenant condition or duty of the term Lessee shall be construed as a consent or waiver to or of any other breach of the same or any other covenant condition or duty, 15.8 Acceptance by the Lessor of arrears of rent or other money or of any breach of this Lease Agreement or, in does not constitute a waiver of the Lessor’s rights. 15.9 In the event that of the Lessee vacating the Premises is re- letwith or without the Lessor’s consent, to pay any deficiency in rent that results therefrom; and further agrees to pay said rent and/or rent deficiency punctually at the same time and in the same manner as hereinabove provided for the payment of rent hereunder, notwithstanding the fact that the Lessor may have received in previous years or may receive thereafter in subsequent years rental in excess of the rental herein specified, shall be obliged to take reasonable steps to mitigate its damages and notwithstanding any entry or re-entry by the Lessor or suit in unlawful detainer, or otherwise, brought by the Lessor for the purpose of effecting such re-entry or obtaining possession of the Premises. Should the Lessor elect to endeavour to re-enter as herein provided, the Lessee hereby irrevocably appoints the Lessor as the agent and attorney- in- fact of the Lessee to re-let the Premises, or any part thereof, from time to time, either in the Lessor’s name or otherwise, upon such terms and conditions and for such use and period as the Lessor may deem advisable and to remove all persons in possession thereof and all personal property whatsoever situated upon lease the Premises at a reasonable rent and to place such personal property in storage in any warehouse or other suitable place located within the geographical boundaries of the Lessee, for the account of and at the expense of the Lessee, and the Lessee hereby indemnifies and agrees to save harmless the Lessor from any costs, loss or damage whatsoever arising out of, in connection with, or incident to any such re- entry upon and re- letting of the Premises and removal and storage of such property by the Lessor or its duly authorized agents in accordance with the provisions herein contained. on reasonable terms. 15.10 The Lessee agrees that the terms of this Lease Agreement constitute full and sufficient notice of the right of the Lessor to re- let the Premises in the event of such re-entry without effecting a surrender of this Lease Agreement, and further agrees that no acts of the Lessor in effecting such re-letting shall constitute a surrender expiry or termination of this Lease Agreement irrespective lease does not affect the rights of the use or the term (subject to the preceding sentence) either party for which such re-letting is made or the terms and conditions a breach of such re- letting, or otherwise, but that, on the contrary, in the event of such default this lease by the Lessee other party before the right to terminate this Lease Agreement shall vest in the Lessor to be effected in the sole and exclusive manner provided for in subparagraph (i) hereof. The Lessee further waives the right to any rental obtained by the Lessor in excess of the rental herein specified and hereby conveys and releases such excess to the Lessor as compensation to the Lessor for its services in re- letting the Premises. The Lessee agrees to return the Premises to the Lessor in as good condition as when delivered, ordinary wear and tear, damage by earthquake, fire expiry or the elements and other disaster excepted; provided, however, this shall not relieve the Lessee of any damages and costs incurred by the Lessor to mitigate damages in the event of a default by the Lessee hereunder. The Lessee hereby waives any and all claims for damages caused or which may be caused by the Lessor in re-entering and taking possession of the Premises as herein provided and all claims for damages that may result from the destruction of or injury to the Premises and all claims for damages to or loss of any property belonging to the Lessee, or any other person, tha t may be in or upon the Premises. Notwithstanding anything herein to the contrary, future Base Rent payments due hereunder shall not be accelerated and become immediately due and payable upon a default by the Lessee hereunder. The Lessor shall be required to sue for each Base Rent payment as each such payment becomes due under this Lease Agreementtermination.

Default by the Lessee. (A) If The occurrence of any of the following shall, at the Lessor's option, constitute a material default and breach of this Lease Agreement by Lessee: A. A failure by the Lessee shall fail (1) to pay the rent payable hereunder, or to make any rental payable hereunder when the same becomes due and payable, time being expressly declared other payment required to be made by the Lessee hereunder, when due,where such failure continues for more than ten (10) days following written notice of such non-payment from the essence in this Lease Agreement; or (2) Lessor to keep, the Lessee; B. A failure by the Lessee to observe or and perform any other term, covenant provisions or condition contained herein covenants of this Lease Agreement to be kept observed or performed by the Lessee; or , where such failure continues for thirty (B30) upon days after written notice thereof from the happening of any Lessor to the Lessee, provided, however, that if the nature of the events specified in subsection default is such that the same cannot reasonably be cured within such thirty (b30) of this Sectionday period, the Lessee shall not be deemed to be in default hereunder and, it shall be lawful for the Lessor to exercise any and all remedies available pursuant to law or granted pursuant to this Lease Agreement. The Lessee shall in no event be in default in the observance or performance of any covenant, condition or agreement in this Lease Agreement on its part to be observed or performed, other than as referred to in clause (A)(1) or (B) of the preceding sentence, unless if the Lessee shall within such period commence such cure and thereafter diligently prosecute the same to completion; C. The making by the Lessee of any assignment for the benefit of creditors; the adjudication that the Lessee is bankrupt or insolvent; the filing by or against the Lessee of a petition to have failedthe Lessee adjudged a bankrupt or a petition for reorganization under any law relating to bankruptcy (unless, for in the case of a period petition filed against the Lessee, the same is dismissed within sixty (60) days after the filing thereof); the appointment of a trustee or receiver to take possession of substantially all of the Lessee's assets located at the Los Angeles Facility or of the Lessee's interest in the Core Business Equipment (unless possession is restored to the Lessee within thirty (30) days after such appointment); or such additional time as is reasonably requiredthe attachment, to correct any such default after notice by the Lessor to the Lessee properly specifying wherein the Lessee has failed to perform any such covenantexecution or levy against, condition or agreement. The Lessee shall in no event be in default in the observance or performance of any covenant, condition or agreement in this Lease Agreement on its part to be observed or performed under (A)(1) above, unless the Lessee shall have received written notice from the Lessor of its failure to pay any such rental payment and failed, for a period of ten (10) days thereafter, to pay such rental payment. Upon any such default, the Lessor, in addition to all other rights and remedies it may have at law, shall have the option to do any of the following: (i) To terminate this Lease Agreement in the manner hereinafter provided on account of default by the Lessee, notwithstanding any re-entry or re- letting of the Premises as hereinafter provided for in subparagraph (2) hereof, and to re-enter the Premises and remove all persons in possession thereof and all personal property whatsoever situated upon the Premises and place such personal property in storage in any warehouse or other suitable place located within the geographical boundaries judicial seizure of, substantially all of the Lessee, for the account of and at the expense of the Lessee. In the event of such termination, the Lessee agrees to surrender immediately possession of the Premises, without let or hindrance, and to pay the Lessor all damages recoverable at law that the Lessor may incur by reason of default by the Lessee, including, without limitation, any costs, loss or damage whatsoever arising out of, in connection with, or incident to any such re-entry upon the Premises and removal and storage of such property by the Lessor or its duly authorized agents in accordance with the provisions herein contained. Neither notice to pay rent or to deliver up possession of the Premises given pursuant to law nor any entry or re-entry by the Lessor nor any proceeding in unlawful detainer, or otherwise, brought by the Lessor for the purpose of affecting such re-entry or obtaining possession of the Premises nor the appointment of a receiver upon initiative of the Lessor to protect the Lessor’s 's interest under this Lease Agreement shall of itself operate to terminate this Lease Agreement, and no termination of this Lease Agreement on account of default by the Lessee shall be or become effective by operation of law or acts of the parties hereto, or otherwise, unless and until the Lessor shall have given written notice to the Lessee of the election on the part of the Lessor to terminate this Lease Agreement. The Lessee covenants and agrees that no surrender of the Premises or of the remainder of the term hereof or any termination of this Lease Agreement shall be valid in any manner or for any purpose whatsoever unless stated or accepted by the Lessor by such written notice. (ii) Without terminating this Lease Agreement, (A) to collect each installment of rent as it becomes due and enforce any other terms or provisions hereof to be kept or performed by the Lessee, regardless of whether or not the Lessee has abandoned the Premises or (B) to exercise any and all rights of entry and re-entry upon the Premises. In the event the Lessor does not elect to terminate this Lease Agreement in the manner provided for in subparagraph Core Business Equipment (i) hereof, the Lessee shall remain liable and agrees to keep or perform all covenants and conditions herein contained to be kept or performed by the Lessee and, if the property is not re- let, to pay the full amount of the rent to the end of the term of this Lease Agreement or, in the event that the Premises is re- let, to pay any deficiency in rent that results therefrom; and further agrees to pay said rent and/or rent deficiency punctually at unless the same time and in the same manner as hereinabove provided for the payment of rent hereunder, notwithstanding the fact that the Lessor may have received in previous years or may receive thereafter in subsequent years rental in excess of the rental herein specified, and notwithstanding any entry or re-entry by the Lessor or suit in unlawful detainer, or otherwise, brought by the Lessor for the purpose of effecting such re-entry or obtaining possession of the Premises. Should the Lessor elect to re-enter as herein provided, the Lessee hereby irrevocably appoints the Lessor as the agent and attorney- in- fact of the Lessee to re-let the Premises, or any part is discharged within thirty (30) days after issuance thereof, from time to time, either in the Lessor’s name or otherwise, upon such terms and conditions and for such use and period as the Lessor may deem advisable and to remove all persons in possession thereof and all personal property whatsoever situated upon the Premises and to place such personal property in storage in any warehouse or other suitable place located within the geographical boundaries of the Lessee, for the account of and at the expense of the Lessee, and the Lessee hereby indemnifies and agrees to save harmless the Lessor from any costs, loss or damage whatsoever arising out of, in connection with, or incident to any such re- entry upon and re- letting of the Premises and removal and storage of such property by the Lessor or its duly authorized agents in accordance with the provisions herein contained. The Lessee agrees that the terms of this Lease Agreement constitute full and sufficient notice of the right of the Lessor to re- let the Premises in the event of such re-entry without effecting a surrender of this Lease Agreement, and further agrees that no acts of the Lessor in effecting such re-letting shall constitute a surrender or termination of this Lease Agreement irrespective of the use or the term (subject to the preceding sentence) for which such re-letting is made or the terms and conditions of such re- letting, or otherwise, but that, on the contrary, in the event of such default by the Lessee the right to terminate this Lease Agreement shall vest in the Lessor to be effected in the sole and exclusive manner provided for in subparagraph (i) hereof. The Lessee further waives the right to any rental obtained by the Lessor in excess of the rental herein specified and hereby conveys and releases such excess to the Lessor as compensation to the Lessor for its services in re- letting the Premises. The Lessee agrees to return the Premises to the Lessor in as good condition as when delivered, ordinary wear and tear, damage by earthquake, fire or the elements and other disaster excepted; provided, however, this shall not relieve the Lessee of any damages and costs incurred by the Lessor to mitigate damages in the event of a default by the Lessee hereunder. The Lessee hereby waives any and all claims for damages caused or which may be caused by the Lessor in re-entering and taking possession of the Premises as herein provided and all claims for damages that may result from the destruction of or injury to the Premises and all claims for damages to or loss of any property belonging to the Lessee, or any other person, tha t may be in or upon the Premises. Notwithstanding anything herein to the contrary, future Base Rent payments due hereunder shall not be accelerated and become immediately due and payable upon a default by the Lessee hereunder. The Lessor shall be required to sue for each Base Rent payment as each such payment becomes due under this Lease Agreement).