Common use of Default Clause Clause in Contracts

Default Clause. If the rent above referred to or any part thereof shall be unpaid on the date of payment by the terms hereof, and remain so for a period of twenty (20) days after Landlord shall have given to Tenant notice in writing of such default, then and in such case it shall and may be lawful for Landlord, at Landlord's option, by summary proceedings or by any other appropriate legal action or proceedings to terminate the term off this lease and to enter into the demised premises or any part thereof and expel Tenant or any person or persons occupying the demised premises, and so to repossess and enjoy the demised premises as in Landlord's former estate. Should the term of this lease at any time be terminated under the terms and conditions hereof, or in any other way, Tenant hereby covenants and agrees to surrender and deliver up the demised premises peaceably to Landlord immediately upon the termination of the term hereof. Landlord agrees that in no event shall the nonpayment of rent be the basis of a forfeiture of this lease or otherwise result in the eviction of Tenant or the termination of the term of this lease unless said written notice shall have been served on Tenant as hereinbefore provided and Tenant shall have failed to cure such default within said 20-day period after the service of said notice. In the event of a termination of the term of this lease prior to the expiration date thereof pursuant to the provisions of this Paragraph A, Tenant shall not thereby be relieved from liability for damages sustained or to be sustained by Landlord by reason of the breach of this lease by Tenant and Tenant shall pay to Landlord all such damages incurred by Landlord by reason of such breach.

Default Clause. If In the rent above referred event: (i) Lessee fails to make any payment required to be made by Lessee to Lessor pursuant to this Lease within five (5) days of written notice from Lessor that the same is due and payable; (ii) Lessee fails (other than a failure covered by (a) above) to comply with any term, provision, condition, or covenant of this Lease or any part thereof shall be unpaid on of the date rules now or hereafter established for the government of payment by the terms hereof, Building and remain so such failure continues for a period of twenty thirty (2030) days after Landlord written notice thereof, provided, however, that if such failure does not materially affect the Building or other tenants in the Building and the nature of such failure is such that the same cannot reasonably be cured within a thirty (30) day period, Lessee shall not be deemed to be in default if it shall commence such cure within such thirty (30) day period and thereafter rectify and cure such failure with due diligence; (iii) Lessee deserts, abandons or vacates the Demised Premises for a continuous period of more than sixty (60) days; (iv) any petition is filed by or against Lessee under any section or chapter of any bankruptcy act or under any similar law or statute of the United States or its subdivisions and if such petition is filed against Lessee and is not dismissed within thirty (30) days; (v) Lessee becomes insolvent or makes a transfer in fraud of creditors; (vi) Lessee makes an assignment for the benefit of creditors; or (vii) a receiver is appointed for Lessee or any of the assets of Lessee, then, in any of such events, Lessor shall have given the option to Tenant do any one or more of the following without any notice or demand, in writing addition to and not in limitation of any other remedy available to Lessor at law, in equity or under this Lease: (A) Terminate this Lease, in which event Lessee shall immediately surrender the Demised Premises to Lessor, and if Lessee shall fail to do so, Lessor may, without notice and without prejudice to any other remedy Lessor may have for possession or arrearages in rent, enter upon and take possession of the Demised Premises and expel or remove Lessee and its effects without being liable to prosecution or any claim for damages therefor; and Lessee agrees to indemnify Lessor for all loss, damage, and expense, including reasonable attorney’s fee, which Lessor may suffer by reason of such defaulttermination, then whether through inability to relet the Demised Premises on commercially reasonable terms, or through decrease in rent, or otherwise; and/or (B) Enter upon and take possession of the Demised Premises as the agent of Lessee, without being liable to prosecution or any claim for damages therefor, and Lessor may relet the Demised Premises as the agent of the Lessee and receive the rent therefor; and in such case it event, Lessee shall pay Lessor the cost for renovating, repairing and altering the Demised Premises (to building standard finish) for a new tenant or tenants and for any deficiency that may arise by reason of such reletting, on demand at the address of Lessor specified herein or hereunder; provided, however, that the failure of Lessor to relet the Demised Premises shall not release or affect Lessee’s liability for rent or for damages and such rent and damages shall be paid by Lessee on the dates specified herein; and/or (C) Lessor may, as agent for Lessee, do whatever Lessee is obligated to do by the provisions of this Lease and may enter the Demised Premises, without being liable to prosecution or any claim for damages therefor, in order to accomplish this purpose. Lessee agrees to reimburse Lessor immediately upon demand for any expenses which Lessor may incur in thus effecting compliance with this Lease on behalf of Lessee, and Lessee further agrees that Lessor shall not be lawful liable for Landlordany damages resulting to Lessee from such action, at Landlord's option, whether caused by summary proceedings the negligence of Lessor or by otherwise. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies herein provided or any other appropriate legal action or proceedings to terminate the term off this lease and to enter into the demised premises or any part thereof and expel Tenant or any person or persons occupying the demised premises, and so to repossess and enjoy the demised premises as in Landlord's former estate. Should the term of this lease remedies available at any time be terminated under the terms and conditions hereof, law or in any other way, Tenant hereby covenants and agrees to surrender and deliver up the demised premises peaceably to Landlord immediately upon the termination of the term hereof. Landlord agrees that in no event shall the nonpayment of rent be the basis of a forfeiture of this lease or otherwise result in the eviction of Tenant or the termination of the term of this lease unless said written notice shall have been served on Tenant as hereinbefore provided and Tenant shall have failed to cure such default within said 20-day period after the service of said noticeequity. In the event of a termination of Lessee, or Lessee’s subsidiary or affiliate, shall have other leases for other premises in the term of this lease prior to the expiration date thereof pursuant to the provisions of this Paragraph ABuilding, Tenant any default by Lessee under such other leases shall not thereby be relieved from liability for damages sustained or deemed to be sustained by Landlord by reason of the breach of this lease by Tenant a default herein and Tenant Lessor shall pay be entitled to Landlord enforce all such damages incurred by Landlord by reason of such breachrights and remedies as provided for a default herein.

Default Clause. If In the event: (a) Lessee fails to comply with any term, provision, condition, or covenant of this Agreement or any of the rules and regulations now or hereafter established for the government of the Building within 30 days written notice from Lessor; (b) Lessee abandons the Demised Premises; (c) any petition is filed by or against Lessee under any section or chapter of the U.S. Bankruptcy Code, as amended or under any similar law or statute of the United States or any state thereof; (d) Lessee becomes insolvent or makes a transfer in fraud of creditors; (e) Lessee makes an assignment for benefit of creditors; or (f) a receiver is appointed for Lessee or any of the assets of Lessee and is not discharged within sixty (60) days thereafter, then in any such events, Lessor shall have the option to do any one or more of the following without any notice or demand, in addition to and not in limitation of any other remedy permitted by law or by this Agreement: (1) Terminate this Agreement, in which event Lessee shall immediately surrender the Demised Premises to the Lessor, but if Lessee shall fail to do so, Lessor may, without notice and without prejudice to any other remedy Lessor may have for possession or arrearages in rent, enter upon and take possession of the Demised Premises and expel or remove Lessee and its effects by force if necessary, without being liable to prosecution or any claim for damages thereof; and Lessee agrees to indemnify Lessor for all loss and damage which Lessor may suffer by reason of such termination, whether through inability to relet the Demised Premises on satisfactory terms, or through decrease in rent, or otherwise. (2) Provided Lessor has terminated the Lease, declare the entire amount of the rent above referred to or any part thereof shall be unpaid on which would have become due and payable during the date of payment by the terms hereof, and remain so for a period of twenty (20) days after Landlord shall have given to Tenant notice in writing of such default, then and in such case it shall and may be lawful for Landlord, at Landlord's option, by summary proceedings or by any other appropriate legal action or proceedings to terminate the term off this lease and to enter into the demised premises or any part thereof and expel Tenant or any person or persons occupying the demised premises, and so to repossess and enjoy the demised premises as in Landlord's former estate. Should the term of this lease at any time be terminated under the terms and conditions hereof, or in any other way, Tenant hereby covenants and agrees to surrender and deliver up the demised premises peaceably to Landlord immediately upon the termination of the term hereof. Landlord agrees that in no event shall the nonpayment of rent be the basis of a forfeiture of this lease or otherwise result in the eviction of Tenant or the termination remainder of the term of this lease unless said written notice Agreement over and above the amount that Lessee proves Lessor could receive by reletting the Demised Premises to be due and payable immediately, in which event, Lessee agrees to pay the same at once, together with all rents theretofore due, to Lessor at the address specified herein or hereunder; provided, however, that such payment shall have been served on Tenant as hereinbefore provided and Tenant not constitute a penalty or forfeiture or liquidated damages, but shall have failed to cure such default within said 20-day period after merely constitute payment in advance of the service rent for the remainder of said noticeterm. In the event The acceptance of such payment by Lessor shall not constitute a termination waiver of any failure of Lessee thereafter occurring to comply with any term, provision, condition, or covenant of this Agreement. (3) Enter upon and take possession of the term Demised Premises as the agent of this lease prior Lessee, and Lessor shall use reasonable efforts to relet the expiration date thereof pursuant Demised Premises as the agent of the Lessee and receive the rent therefore; and in such event, Lessee shall pay Lessor the cost of renovating, repairing and altering the Demised Premises for a new lessee or lessees and any deficiency that may arise by reason of such reletting or demand at the address of Lessor specified herein or hereunder; provided however, the failure or refusal of Lessor to relet the Demised Premises shall not release or affect lessee's liability for rent or for damages and such rent and damages shall be paid by Lessee on the dates specified herein. (4) Lessor may as agent of Lessee, do whatever Lessee is obligated to by the provisions of this Paragraph AAgreement and may enter the Demised Premises, Tenant in order to accomplish this purpose. Lessee agrees to reimburse Lessor immediately upon demand for any expenses, which Lessor may incur in thus effecting compliance with this Agreement on behalf of Lessee Pursuit of any of the foregoing remedies shall not thereby be relieved from liability for damages sustained or to be sustained by Landlord by reason preclude pursuit of any of the breach of this lease other remedies herein provided or any other remedies provided by Tenant and Tenant shall pay to Landlord all such damages incurred by Landlord by reason of such breachlaw.

Default Clause. If A. It is covenanted and agreed by LANDLORD and TENANT that in case at any time default shall be made in the rent above referred payment of rent, or if the TENANT shall fail to pay any of the taxes or assessments herein provided for, or in case of the sale of or forfeiture of the Premises or any part thereof during the demised term for non-payment of any tax or assessment, or in case the TENANT shall fail to keep the required insurance, or shall fail to spend insurance money, as herein provided for, or if the TENANT shall fail to perform any of the covenants of this Lease, then, in any of such events, TENANT shall be unpaid on subject to eviction pursuant to Chapter 83, Florida Statutes. B. The LANDLORD may have such other remedies as the date of payment by the terms hereoflaw and this instrument affords, and remain so for a period the TENANT covenants and agrees that upon the termination of twenty (20) days after Landlord shall have given to Tenant notice in writing of such default, then and in such case it shall and may be lawful for Landlordthe demised term, at Landlord's option, by summary proceedings or by any other appropriate legal action or proceedings to terminate such election of the term off this lease and to enter into the demised premises or any part thereof and expel Tenant or any person or persons occupying the demised premises, and so to repossess and enjoy the demised premises as in Landlord's former estate. Should the term of this lease at any time be terminated under the terms and conditions hereofLANDLORD, or in any other way, Tenant hereby covenants and agrees to the TENANT will surrender and deliver up the demised premises Premises and property (real and personal) peaceably to Landlord the LANDLORD, its agent, or attorneys, immediately upon the termination of the term hereofdemised term. Landlord agrees that in no event If the TENANT, its agents, attorneys, or tenants shall hold the nonpayment of rent Premises or any part thereof, one (1) day after the same should be surrendered according to the basis of a forfeiture terms of this lease or otherwise result in the eviction Lease, it shall be deemed guilty of Tenant or the termination forcible detainer of the Premises under the applicable statute and shall be subject to eviction or removal, forcibly or otherwise. C. Where the alleged default consists of some alleged violation of any term of this lease unless said Lease, other than the payments of money, including rent and insurance premiums, the LANDLORD may not declare this Lease in default until such violation shall have continued for ten (10) days after the LANDLORD shall have given the TENANT written notice of such violation, and TENANT shall not have been served on Tenant as hereinbefore provided and Tenant shall have failed undertaken, during this ten (10) days notice period, to cure said violation by vigorous and affirmative action, provided, however, that nothing herein contained shall be construed as precluding the LANDLORD from having such default within said 20-day period after remedy as may be and become necessary in order to preserve the service of said notice. In the event of a termination LANDLORD’S right and interest of the term LANDLORD in the Premises and in this Lease, even before the expiration of the grace or notice periods provided for in this lease paragraph, if, under particular circumstances then existing, the allowance of such grace or the giving of such notice would prejudice or endanger the rights and estate of the LANDLORD in this Lease and in the Premises. With respect to the payment of the insurance premiums, the same must be paid at least thirty (30) days prior to the expiration date thereof pursuant time when the policies would lapse for the failure to pay premiums thereon, and evidence of such payment given to the provisions of this Paragraph A, Tenant shall not thereby be relieved from liability for damages sustained or LANDLORD without any written notice being required to be sustained by Landlord by reason of served upon the breach of this lease by Tenant and Tenant shall pay to Landlord all such damages incurred by Landlord by reason of such breachTENANT in connection therewith.

Default Clause. (i) If the Tenant shall default in the payment of rent above referred to or any part thereof shall be unpaid on the date of payment by the terms hereof, as hereinabove provided (and remain so if such default shall continue for a period of twenty (20) days, after receipt by Tenant of written notice thereof), or (ii) (except as otherwise herein provided) in the event that Tenant shall default or fail in the performance of a covenant or agreement to be performed by it under this Lease, and such default shall not have been cured for a period of thirty (30) days after Landlord receipt by Tenant of written notice, or if such default cannot with due diligence be cured within thirty (30) days after receipt by Tenant of written notice, and Tenant shall not have given commenced the remedying thereof within such period or shall not be proceeding with due diligence to remedy it (it being intended in connection with a default not susceptible of being cured by Tenant notice with due diligence within thirty (30) days, that the time within which to remedy same shall be extended for such period as may be necessary to complete same with due diligence), or (iii) if the Tenant shall make an assignment for the benefit of creditors or file a voluntary petition in writing of bankruptcy or be adjudicated a bankrupt or insolvent by any court, or file a petition for reorganization or an arrangement under the Federal Bankruptcy Code or any State Insolvency Act, or a receiver or trustee for its property shall be appointed in any proceeding other than a bankruptcy proceeding, and such defaultappointment shall not be vacated within ninety (90) days after it has been made, then in addition to all other rights and remedies provided for under this Lease, at law or in such case equity, after service of written notice informing Tenant of termination of this Lease in ten (10) days, at the end of the tenth day, it shall and may be lawful for the Landlord, at Landlord's option, by summary proceedings or by any other appropriate legal action or proceedings to terminate the term off this lease Lease and to enter into the demised premises said Premises or any part thereof hereof, and expel the said Tenant or any person or persons occupying the demised premisessaid Premises, and so to repossess and enjoy the demised premises said Premises; provided, however, that if any voluntary or involuntary proceeding for a reorganization or an arrangement is instituted, and no application is made in any such proceeding and no relief is requested therein by the Tenant to reject this Lease, or to reform or recast the same or for any change, modification or alteration of any of the terms, covenants and conditions of this Lease or to relieve the Tenant from the punctual payment of the rent or other charges required to be paid by Tenant under this Lease, and if all rent and other charges due from Tenant under this Lease are paid within ten (10) days after the notice from Landlord to Tenant hereinbefore provided for, and all of the terms, covenants and conditions of this Lease required to be performed by Tenant are promptly performed and complied with within thirty (30) days after written notice of any non-performance thereof, or if a default by reason of such non-performance cannot with due diligence be cured within thirty (30) days after receipt by Tenant of such written notice, if Tenant shall have commenced the remedying thereof within such period or shall be proceeding with due diligence to remedy it (it being intended in connection with a default non-susceptible of being cured by Tenant with due diligence within thirty (30) days that the time within which to remedy same shall be extended for such period as may be necessary to complete same with due diligence), then this Lease shall not be so terminated, but shall continue in Landlord's former estatefull force and effect, provided however, nothing herein contained shall modify the rights of the Landlord or the obligations of the Tenant with respect to this Lease under the Federal Bankruptcy Code in the event of the filing of a petition thereunder by the Tenant. Simultaneously with the sending of notice of default to Tenant as above-mentioned, Landlord shall send a copy of such notice by registered mail, return receipt required, the Anchor Tenant of Tenant and the record holders of any leasehold mortgage that shall affect the Premises (sometime referred to herein as “Leasehold Mortgagee”), provided such parties have registered their names and addresses with the Landlord prior to any such default. Any anchor tenant of Tenant, or the holders of any leasehold mortgage shall be entitled to effect a cure of any default of Tenant hereunder upon the same terms and conditions as provided herein for cure by Tenant and such cure shall be of the same effect as if Tenant had cured the default in a timely manner. (See also Article 18, Fee and Leasehold Mortgages, of this Lease for further exposition of the issues raised hereunder.) Should the Lease term of this lease at any time be terminated under the terms and conditions hereof, or in any other way, the Tenant hereby covenants and agrees to surrender and deliver up the demised premises Premises peaceably to the said Landlord immediately upon the termination of said term and the term hereof. Landlord agrees that improvements, if any, in no event shall the nonpayment broom clean condition, free and clear of rent be the basis of a forfeiture of this lease or otherwise result in the eviction of Tenant or the termination of the term of this lease unless said written notice shall have been served on Tenant as hereinbefore provided all refuse and Tenant shall have failed to cure such default within said 20-day period after the service of said noticedebris. In the event of a termination of the term of this lease prior to the expiration date thereof Lease pursuant to the provisions provision of this Paragraph AArticle 15, the Tenant shall not thereby be relieved from liability remain liable for damages sustained or to be sustained the equivalent of the amount of all net rent reserved herein less any amounts received by Landlord by reason from reletting, if any, after deducting therefrom the reasonable cost of obtaining possession of the breach premises and of this lease any repairs and alterations necessary to repair them for reletting. Any and all monthly deficiencies so payable by Tenant and the Tenant shall pay to Landlord all such damages incurred by Landlord by reason be paid monthly on the date herein provided for the payment of such breachrent and any amount not so paid shall bear interest at the lesser of 8% per annum or the maximum legal rate.

Default Clause. If (1) In case default be made by Lessee at any time in the due payment of any installment of rent above referred to or in the due payment or any part thereof shall be unpaid on other sum payable by Lessee to Lessor under the date of payment by the terms provisions hereof, and remain so such default shall continue for a period of twenty thirty (2030) days after Landlord written demand by Lessor, or (2) if default shall have given be made by Lessee in the due observance and performance of any other covenant, condition, or stipulation herein agreed by Lessee to Tenant be by it observed or performed, and such default shall continue for a period of thirty (30) days from date of written notice in writing by Lessor to Lessee detailing the particular of such default and requiring it to make good any such last mentioned default, then and in any such case it event described in (1) or (2) hereinabove, Lessor at any time thereafter shall and may be lawful for Landlordhave the full right, at Landlord's optionits election to enter in, into, and upon the premises covered by summary proceedings or by any other appropriate legal action or proceedings to terminate the term off this lease and to enter into take possession of the demised premises or any part thereof same together with all buildings and expel Tenant or any person or persons occupying the demised premisesimprovements thereon, and from time of such entry, this lease shall become void and of no effect and Lessor may enter upon, take possession, hold and retain the said premises and all buildings and improvements thereto as of its first or former estate, and this lease shall be forfeited to Lessor, and Lessor may bring suit for and collect all the rents, taxes, assessments, charges, liens, penalties and damages including damages to Lessor by reason of such breach or default on the part of Lessee which shall have accrued up to the time of such entry, and Lessor may, if it elects so to repossess do, bring suit to collect all such rents, taxes, assessments, charges, liens, penalties and enjoy damages in the demised premises event of any default as aforesaid without voiding this lease; provided, however, that any mortgagee of any leasehold interest under this lease, who Lessor has agreed to notify in Landlord's former estate. Should the term case of this lease at any time be terminated under the terms and conditions hereofdefault, or in any other way, Tenant hereby covenants and agrees to surrender and deliver up the demised premises peaceably to Landlord immediately upon the termination of the term hereof. Landlord agrees that in no event shall the nonpayment of rent be the basis of a may avoid forfeiture of this lease or otherwise result in as herein provided by satisfying and curing, within a period of thirty (30) days, as the eviction case may be, after written demand upon it by Lessor, the default consequent whereon such right of Tenant or the termination forfeiture shall accure. All things so done and performed by such a mortgagee to cure a default by Lessee shall be effective to prevent a forfeiture of the term rights of Lessee under this lease unless as the same would have been if done and performed by Lessee instead of a mortgages. If Lessor considers that Lessee has failed to comply with one or more of its obligations hereunder, either expressed or implied, and whether the alleged breach be either active or passive, and Lessor undertakes to give Lessee written notice of default as provided for herein, Lessor shall in said written notice set out specifically in what respects Lessor claims Lessee has breached this lease. If within thirty (30) days, as the case may be, after receipt of such notice Lessee shall have been served on Tenant as hereinbefore provided and Tenant meet or commence to meet the breaches alleged by Lessor, Lessee shall have failed to cure such not be deemed in default within said 20-day period after the hereunder. The service of said notice. In written notice with itemized and particularized allegations of breach, and the event lapse of thirty (30) days, as the cast may be, without Lessee’s meeting or commencing to meet the alleged breaches shall be a termination of the term of condition precedent to any action, be it legal or otherwise by Lessor on this lease prior to the expiration date thereof pursuant to the provisions of this Paragraph A, Tenant shall not thereby be relieved from liability for damages sustained or to be sustained by Landlord by reason of the breach of this lease by Tenant and Tenant shall pay to Landlord all such damages incurred by Landlord by reason of such breachlease.

Default Clause. If A. It is covenanted and agreed by LANDLORD and TENANT that in case at any time default shall be made in the rent above referred payment of rent, or if the TENANT shall fail to pay any of the taxes or assessments herein provided for, or in case of the sale of or forfeiture of the Premises or any part thereof during the demised term for non-payment of any tax or assessment, or in case the TENANT shall fail to keep the required insurance, or shall fail to spend insurance money, as herein provided for, or if the TENANT shall fail to perform any of the covenants of this Lease, then, in any of such events, TENANT shall be unpaid on subject to eviction pursuant to Chapter 83, Florida Statutes. B. Or, the date of payment by LANDLORD may have such other remedies as the terms hereoflaw and this instrument afford, and remain so for a period the TENANT covenants and agrees that upon the termination of twenty (20) days after Landlord shall have given to Tenant notice in writing of such default, then and in such case it shall and may be lawful for Landlordthe demised term, at Landlord's option, by summary proceedings or by any other appropriate legal action or proceedings to terminate such election of the term off this lease and to enter into the demised premises or any part thereof and expel Tenant or any person or persons occupying the demised premises, and so to repossess and enjoy the demised premises as in Landlord's former estate. Should the term of this lease at any time be terminated under the terms and conditions hereofLANDLORD, or in any other way, Tenant hereby covenants and agrees to the TENANT will surrender and deliver up the demised premises Premises and property (real and personal) peaceably to Landlord the LANDLORD, its agent, or attorneys, immediately upon the termination of the term hereofdemised term. Landlord agrees that in no event If the TENANT, its agents, attorneys, or tenants shall hold the nonpayment of rent Premises or any part thereof, one (1) day after the same should be surrendered according to the basis of a forfeiture terms of this lease or otherwise result in the eviction Lease, it shall be deemed guilty of Tenant or the termination forcible detainer of the Premises under the applicable statute and shall be subject to eviction or removal, forcibly or otherwise. C. Where the alleged default consists of some alleged violation of any term of this lease unless said Lease, other than the payments of money, including rent and insurance premiums, the LANDLORD may not declare this Lease in default until such violation shall have continued for ten (10) days after the LANDLORD shall have given the TENANT written notice of such violation, and TENANT shall not have been served on Tenant as hereinbefore provided and Tenant shall have failed undertaken, during this ten (10) days notice period, to cure said violation by vigorous and affirmative action, provided, however, that nothing herein contained shall be construed as precluding the LANDLORD from having such default within said 20-day period after remedy as may be and become necessary in order to preserve the service of said notice. In the event of a termination LANDLORD’S right and interest of the term LANDLORD in the Premises and in this Lease, even before the expiration of the grace or notice periods provided for in this lease paragraph, if, under particular circumstances then existing, the allowance of such grace or the giving of such notice would prejudice or endanger the rights and estate of the LANDLORD in this Lease and in the Premises. With respect to the payment of the insurance premiums, the same must be paid at least thirty (30) days prior to the expiration date thereof pursuant time when the policies would lapse for the failure to pay premiums thereon, and evidence of such payment given to the provisions of this Paragraph A, Tenant shall not thereby be relieved from liability for damages sustained or LANDLORD without any written notice being required to be sustained by Landlord by reason of served upon the breach of this lease by Tenant and Tenant shall pay to Landlord all such damages incurred by Landlord by reason of such breachTENANT in connection therewith.

Default Clause. If the Tenant should default in the payment of any rent above referred to herein reserved or in the performance of any part thereof shall be unpaid on the date of payment by the terms hereofits obligations under this lease, and remain so for a period of twenty (20) days after if the Landlord shall have given should give to the Tenant notice in writing of such default and the Tenant should fail to cure the default with thirty (30) days after the date of receipt of such notice, or if the default should be of such a character as to require more than thirty (30) days to cure and the Tenant should fail to use reasonable diligence in curing such default, then and in an such case it shall and may be lawful for Landlordevent, the Landlord may, at Landlord's option, by summary proceedings terminate this lease. In the event (a) Tenant should cease its operations on the leased premises for a period of six (6) months, or by any other appropriate legal action or proceedings to (b) Tenant should abandon the leased premises, then Landlord may, at its election terminate the term off this lease and by written notice thereof to Tenant; provided, however, should Tenant's cessation of operations be due to Acts of God, strikes, war, force majeure, or other causes beyond the control of Tenant, then unless said termination is authorized by other provisions of this lease) during such period of cessation, so caused, Landlord may not cancel this lease. Upon such termination hereinabove described, Landlord may re-enter into the demised leased premises without further notice or demand without being in any part thereof and expel Tenant or any person or persons occupying the demised premisesmanner liable therefor, and so to repossess and enjoy Landlord may hold the demised leased premises free from any further liability on the part of Landlord hereunder, except such liability as may have arisen theretofore, or Landlord may enter the leased premises as in Landlord's former estate. Should aforesaid and, as agent of tenant, re-let the term of this lease at any time be terminated under same for the terms and conditions hereof, or in any other way, Tenant hereby covenants and agrees to surrender and deliver up the demised premises peaceably to Landlord immediately upon the termination of the term hereof. Landlord agrees that in no event shall the nonpayment of rent be the basis of a forfeiture of this lease or otherwise result in the eviction of Tenant or the termination balance of the term of this lease unless said written notice shall have been served on Tenant as hereinbefore provided lease, or for a shorter or a longer term, and Tenant shall have failed may receive the rent therefore, applying the same, first to cure such default within said 20-day period after the service of said notice. In the event of a termination payment of the term expense of this lease prior such re-letting and second to the expiration date thereof pursuant payment of rent due and to become due by these presents, tenant remaining liable for and agreeing hereby to pay any deficiency. The filing of any petition in bankruptcy or insolvency, or for reorganization under the provisions Bankruptcy Act, either by or against Tenant or anyone claiming under Tenant, or an assignment for the benefit of this Paragraph Acreditors by Tenant or anyone claiming under Tenant, Tenant unless the foregoing events be vacated, canceled or nullified within a period of sixty (60) days, shall not thereby be relieved from liability for damages sustained or to be sustained by Landlord by reason of the constitute a breach of this lease lease, and Landlord shall forthwith on such breach be entitled to collect damages therefor as provided by law, and, in addition thereto, Landlord shall have the rights of termination and re-entry as hereinbefore set forth. If the Landlord should default in the performance of any of its obligations under this lease, and if Tenant and Tenant shall pay should give to the Landlord all such damages incurred by Landlord by reason notice in writing of such breachdefault and the Landlord should fail to cure the default within thirty (30) days after the date of receipt of such notice, or if the default should be of such character as to require more than thirty (30) days to cure and the Landlord should fail to use reasonable diligence in curing such default, then and in any such event, the Tenant may, at Tenant's option, terminate this lease without any penalty.

Default Clause. If Each of the following shall be deemed a default by Tenant and a breach of this Lease: (A) A default in the payment of the rent above referred to herein reserved, or any part thereof shall be unpaid on the date of payment by the terms hereofthereof, and remain so for a period of twenty ten (2010) days after written notice delivered to the Tenant. (B) Default in the performance of any other covenant or condition of this Lease on the part of Tenant to be performed for a period of thirty (30) days after service of notice thereof by Landlord shall have given to Tenant notice in writing on Tenant, provided however, that if the nature of Tenant's default is such defaultthat it cannot be cured solely by payment of money and that more than thirty (30) days may be reasonably required for such cure, then and in such case it shall and may be lawful for Landlord, at Landlord's option, by summary proceedings or by any other appropriate legal action or proceedings to terminate the term off this lease and to enter into the demised premises or any part thereof and expel Tenant or any person or persons occupying the demised premises, and so to repossess and enjoy the demised premises as in Landlord's former estate. Should the term of this lease at any time be terminated under the terms and conditions hereof, or in any other way, Tenant hereby covenants and agrees to surrender and deliver up the demised premises peaceably to Landlord immediately upon the termination of the term hereof. Landlord agrees that in no event shall the nonpayment of rent be the basis of a forfeiture of this lease or otherwise result in the eviction of Tenant or the termination of the term of this lease unless said written notice shall have been served on Tenant as hereinbefore provided and Tenant shall have failed to cure such default within said 20-day period after the service of said notice. In the event of a termination of the term of this lease prior to the expiration date thereof pursuant to the provisions of this Paragraph A, Tenant shall not thereby be relieved from liability for damages sustained or deemed to be sustained in default if Tenant shall [PAGE 14 OF ORIGINAL MISSING] (A) An amount equal to all expenses, if any, including reasonable counsel fees incurred by the Landlord in recovering possession of the Premises, and all reasonable costs and charges for the care of said Premises while vacant, not otherwise the obligation of Landlord. which damages shall be due and payable by Tenant to Landlord at such time or times as such expenses are incurred by Landlord; and (B) An amount equal to the amount of all rent and additional rent reserved under this Lease, less the net rent, if any, collected by Landlord by reason of on reletting the breach of this lease Premises, which shall be immediately due and payable by Tenant to Landlord and Landlord shall be entitled thereupon to recover same from Tenant on the several days on which the rent and additional rent reserved in this Lease would have become due and payable; that is to say, upon each of such days Tenant shall pay to Landlord the amount of deficiency then existing. Such net rent collected on reletting by Landlord shall be computed by deducting from the gross rents collected all such damages reasonable expenses incurred by the Landlord in connection with the reletting, but shall not include the cost of performing any covenant contained in Article 24. Without any previous notice or demand, separate actions may be maintained by reason Landlord against Tenant from time to time to recover any damages, which, at the commencement of any such breachaction, have then or theretofore become due and payable to Landlord under Article 24, without waiting until the end of the original Lease Term.

Default Clause. If the Lessee shall fail to pay the rent above referred or any other charge required to be paid by the Lessee, or if the Lessee shall breach any of the terms of this lease or the rules attached hereto or enacted from time to time, then as to every default or breach, except non-payment of rent, the Lessor may give the Lessee thirty (30) days written notice thereof, and if such default has not been cured within such a 30-day period, then the Lessor may give the Lessee three (3) days notice of the termination of this lease, and this lease shall expire accordingly and the Lessee shall surrender possession to the Lessor, but the Lessee shall remain liable as hereinafter provided. In case of default by the Lessee in the payment of rent, the notice shall be a three- day notice provided by Statutes of the State of Texas, and the Lessor shall have such rights as are provided by such Statutes. If the premises become vacant or abandoned or should any other person than Lessee secure possession of the premises, or any part thereof shall be unpaid on the date of payment by the terms hereof, and remain so for a period by reason of twenty (20) days after Landlord shall have given to Tenant notice any receivership, bankruptcy proceedings, or other operation of law in writing of such defaultany manner whatsoever, then and in such case it shall and Lessor may be lawful for Landlord, at LandlordLessor's option, by summary proceedings or by any other appropriate legal action or proceedings without notice to Lessee, terminate the term off this lease and to enter into the demised premises or any part thereof and expel Tenant or any person or persons occupying the demised premises, and so to repossess and enjoy the demised premises as in Landlord's former estate. Should the term of this lease at any time be terminated under the terms and conditions hereoflease, or in any other waythe alternative, Tenant hereby covenants Lessor may reenter and agrees to surrender and deliver up take possession of said premises, or may take possession in the demised premises peaceably to Landlord immediately upon manner provided by law. In case the termination Lessor shall recover possession of the term hereof. Landlord premises, the Lessor may, but shall not be required to remove the property of the Lessee and store the same at the Lessee's expense, or Lessor may dispose of said property, and the Lessee agrees that in no event respect shall the nonpayment Lessor be responsible in damages for any action in entering said premises or removing and disposing of rent be the basis Lessee's property, with or without process of a forfeiture of this lease or otherwise result in the eviction of Tenant or the termination of the term of this lease unless said written notice shall have been served on Tenant as hereinbefore provided and Tenant shall have failed to cure such default within said 20-day period after the service of said noticelaw. Notwithstanding anything stated herein, In the event of a termination default by Lessee, Lessor shall have all recourse against the Lessee provided by this lease and by law, and all remedies shall be cumulative and non-exclusive. Lessee agrees to pay Lessor reasonable attorney's fees and expenses incurred in and about enforcing any of the term terms of this lease prior to lease, in collecting past due rent, and in and about recovering possession from Lessee, should the expiration date thereof pursuant to the provisions services of this Paragraph A, Tenant shall not thereby any attorney be relieved from liability for damages sustained or to be sustained retained by Landlord by reason of the breach of this lease by Tenant and Tenant shall pay to Landlord all such damages incurred by Landlord by reason of such breachLessor in so doing.

Default Clause. A. Lessee agrees that the occurrence of any one or more of the following events shall be considered a default under this Lease: (i) Entry of an order, judgment or decree shall be entered by any court adjudicating Lessee a bankrupt or insolvent, or approving a petition seeking reorganization of Lessee or appointing a receiver, trustee or liquidator of Lessee, or of all or a substantial part of its assets, if such order, judgment or decree shall continue unstayed and in effect for any period of sixty (60) days; or (ii) Lessee shall file an answer admitting the material allegations of a petition filed against Lessee in any bankruptcy, reorganization or insolvency proceeding or under any laws relating to the relief of debtors, readjustment or indebtedness, reorganization, arrangements, composition or extension; or (iii) Lessee shall make any assignment for the benefit of creditors or shall apply for or consent to the appointment of a receiver, trustee or liquidator of Lessee, or any of the assets of Lessee; or (iv) Lessee shall file a voluntary petition in bankruptcy, or shall admit in writing its inability to pay its debts as they come due, or shall file a petition or an answer seeking reorganization or arrangement with creditors or take advantage of any insolvency law; or (v) A decree or order appointing a receiver of the property of Lessee shall be made and such decree or order shall not have been vacated within sixty (60) days from the date of entry or granting thereof; or (vi) Lessee shall default in making any payment of Rent or other payment required to be made by Lessee hereunder within ten (10) days after Lessee’s receipt of written notice of such default from Lessor; or (vii) Lessee shall fail to carry all required insurance under this Lease; or (viii) If Lessee shall default in the rent above referred performance of any covenant, promise or agreement on the part of Lessee contained in this Lease not otherwise specified in this Section 16A and such default shall continue for thirty (30) days after notice thereof in writing by Lessor to Lessee, or if such default or condition which gives rise thereto cannot with due diligence and good faith be cured within such thirty (30) day period, if Lessee shall not in good faith and within the period of thirty (30) days commence the curing of such default and pursue the curing of such default continuously and diligently and in good faith to the end that such default shall be cured within such minimum period in excess of thirty (30) days as may be reasonably necessary to cure such default through pursuing such cure promptly, diligently, continuously and in good faith. B. Upon the occurrence of any default and at any time thereafter, Lessor may, at its election, exercise any one or more of the following described remedies, in addition to all other rights and remedies provided at law, in equity or elsewhere herein: (i) Lessor may terminate this Lease by giving to Lessee written notice of Lessor’s election to do so, in which event the Term and all right, title and interest of Lessee hereunder shall end on the date stated in such notice; (ii) Lessor may terminate the right of Lessee to possession of the Premises without terminating this Lease, by giving written notice to Lessee that Lessee’s right of possession shall end on the date stated in such notice, whereupon the right of Lessee to possession of the Premises or any part thereof shall be unpaid cease on the date stated in such notice; (iii) Lessor may enforce the provisions of payment this Lease and may enforce and protect the rights of Lessor by a suit or suits in equity or at law for the terms hereofperformance of any covenant or agreement herein, and remain so for a period the enforcement of twenty (20) days after Landlord shall have given to Tenant notice in writing of such default, then and in such case it shall and may be lawful for Landlord, at Landlord's option, by summary proceedings or by any other appropriate legal action or proceedings to terminate equitable remedy, including without limitation (a) injunctive relief, (b) recovery of all moneys currently due from Lessee under any of the term off provisions of this lease Lease, and to enter into (c) any other damages incurred by Lessor by reason of Lessee’s default under this Lease; (iv) Lessor may reenter and take possession of the demised premises Premises or any part of the Premises, repossess the same, expel Lessee and those claiming through or under Lessee, and remove the effects of both or either, using such force for such purposes as may be necessary, without being liable for prosecution, without being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or other amounts payable under this Lease or as a result of any other breach of this Lease; and (v) Lessor may perform any of Lessee’s obligations hereunder that Lessee has failed to perform and the cost thereof and expel Tenant shall constitute Rent payable by Lessee to Lessor on the first day of the next calendar month. C. Should Lessor take possession pursuant to legal proceedings or pursuant to any notice provided by law, Lessor may, from time to time, without terminating this Lease, rent the Premises or any person part of the Premises, for such term or persons occupying terms (which may be greater or less than the demised premisesperiod which would otherwise have constituted the balance of the Term) and on such conditions and upon such other terms (which may include concessions of free rent and alteration and repair of the Premises) as Lessor, in its commercially reasonable discretion, may determine, and Lessor may collect and receive the Rent due in connection therewith. Lessor shall not be required to accept any tenant offered by Lessee or any third party or observe any instruction given by Lessee relative to such reletting. Lessor shall however use commercially reasonable efforts to relet the Premises, to the extent required by law. Lessor will in no way be responsible or liable for any failure to relet the Premises, or any part of the Premises, or for any failure to collect any rent due upon such reletting. No such reentry or taking possession by Lessor will be construed as an election on Lessor’s part to terminate this Lease unless a written notice of such intention is given to Lessee. No written notice from Lessor under this Section 16 or under a forcible or unlawful entry and detainer statute or similar law will constitute an election by Lessor to terminate this Lease unless such notice specifically so states. Lessor reserves the right following any such reentry or reletting to repossess exercise its right to terminate this Lease by giving Lessee such written notice, in which event this Lease will terminate as specified in such notice. D. In the event that Lessor does not elect to terminate this Lease, but on the contrary elects to take possession of the Premises, then, in addition to all other rights and enjoy remedies of Lessor, Lessee shall pay to Lessor (i) Rent and other sums as provided in this Lease that would be payable under this Lease if such repossession had not occurred, less (ii) the demised net proceeds, if any, of any reletting of the Premises after deducting all of Lessor’s reasonable expenses in connection with such reletting, including without limitation all repossession costs, brokerage commissions, attorneys’ fees, expenses of employees, alteration and repair costs, and expenses of preparation for such reletting. If, in connection with any reletting, the new lease term extends beyond the Term, or the Premises covered by such new lease includes other premises not part of the Premises, a fair apportionment of the rent received from such reletting will be made in determining the net proceeds from such reletting. Lessee will pay such Rent and other sums to Lessor monthly on the day on which such sums would have been payable under this Lease if possession had not been retaken, and Lessor shall be entitled to receive such Rent and other sums from Lessee on each such day. E. In the event that Lessor elects to terminate this Lease, then, in addition to all other rights and remedies of Lessor, Lessee shall remain liable to pay to Lessor as damages an amount equal to (i) all Rent due hereunder accrued and unpaid for the period up to and including the date of such termination, plus (ii) all other additional sums payable by Lessee or for which Lessee is liable or in Landlord's former estaterespect of which Lessee has agreed to indemnify Lessor under any of the provisions of this Lease, which may then be owing and unpaid, plus (iii) all costs and expenses, including, without limitation, court costs and reasonable attorneys’ fees incurred by Lessor in the enforcement of any of its rights and remedies hereunder. Should In the alternative, Lessor shall have the right, from time to time, to recover from Lessee upon demand, and Lessee shall remain liable to pay Lessor for, (i) all Rent and other amounts due and owing under this Lease, accrued and unpaid for the period up to and including the date of such termination, plus (ii) damages equal to the sum of (y) all Rent and all other sums which would have accrued under this Lease after the date of termination had it not been terminated, such damages to be due and payable as such sums would have become due, less (z) such amounts as Lessor may actually receive from reletting after first paying all costs of such reletting, including, without limitation, the expenses enumerated in Section 16D and the net amounts of rent collected remaining after such expenses shall operate only as an off setting credit against the amount due hereunder with any excess or residue belonging solely to Lessor. F. If this Lease shall terminate as a result of or while there exists a default hereunder, any funds of Lessee held by Lessor may be applied by Lessor to any damages payable by Lessee (whether provided for herein or by law) as a result of such termination or default. G. Neither the commencement of any action or proceeding, nor the settlement thereof; nor entry of judgment thereon shall bar Lessor from bringing subsequent actions or proceedings from time to time, nor shall the failure to include in any action or proceeding any sum or sums then due be a bar to the maintenance of any subsequent actions or proceedings for the recovery of such sum or sums so omitted. H. If any statute or rule of law shall limit any of Lessor’s remedies as hereinabove set forth, Lessor shall nonetheless be entitled to any and all other remedies hereinabove set forth, provided, however, that the remedies set forth above shall be the exclusive remedies available to Lessor. In no event shall Lessor have the right to accelerate Rent or any other sums due and payable under the terms of this Lease. Consequential damages are not recoverable. I. No agreement to accept a surrender of the Premises and no act or omission by Lessor or Lessor’s agents during the Term shall constitute an acceptance or surrender of the Premises unless made in writing and signed by Lessor. No re-entry or taking possession of the Premises by Lessor shall constitute an election by Lessor to terminate this Lease unless a written notice of such intention is given to Lessee. J. No provision of this Lease shall be deemed to have been waived by either party unless such waiver is in writing and signed by the party making such waiver. Lessor’s acceptance of Base Rent or Additional Rent following a default hereunder shall not be construed as a waiver of such default (except as to acceptance by Lessor of payment in full of all Base Rent and Additional Rent past due at the time of such acceptance). No custom or practice which may grow up between the parties in connection with the terms of this Lease shall be construed to waive or lessen either party’s right to insist upon strict performance of the terms of this Lease, without a written notice thereof to the other party. K. The rights granted to Lessor in this Section 16 shall be cumulative of every other right or remedy provided in this Lease, and the exercise of one or more rights or remedies shall not prejudice or impair the concurrent or subsequent exercise of other rights or remedies or constitute a forfeiture or waiver of Base Rent, Additional Rent or damages accruing to Lessor by reason of any default. If a default shall occur, Lessee shall pay to Lessor, on demand, all reasonable expenses incurred by Lessor as a result thereof, including reasonable attorneys’ fees, court costs and expenses. Other than in connection with a claim arising from the negligence or intentional misconduct of Lessor, its employees, agents or representatives, if Lessor shall be made a party to any litigation commenced against Lessee as a result of this Lease, Lessor’s ownership of the Premises or the relationship of Lessor and Lessee arising by virtue of this Lease, Lessee shall pay all reasonable costs incurred by Lessor in connection with such litigation. Notwithstanding anything to the contrary contained herein, in the event any third party prevails in any action to which Lessor is made a party and it is ultimately determined that there was no liability on the part of Lessor, Lessee shall pay all reasonable costs incurred by Lessor in connection with such litigation. L. Nothing contained in this Lease will relieve Lessor of any obligation which Lessor may have under law to mitigate its damages resulting from a default. M. If Lessor fails to perform or observe or otherwise breaches any term of this lease at any time be terminated under the terms Lease and conditions hereofsuch failure shall continue for more than thirty (30) days after Lessee gives Lessor written notice of such failure, or in any other wayor, Tenant hereby covenants and agrees to surrender and deliver up the demised premises peaceably to Landlord immediately upon the termination of the term hereof. Landlord agrees that in no event shall the nonpayment of rent be the basis if such failure does not arise out of a forfeiture failure by Lessor to pay a sum of money and cannot reasonably be corrected within such thirty (30) day period, if Lessor does not commence to correct such default within such thirty (30) day period and thereafter diligently prosecute the correction of same to completion within a reasonable time, a “Lessor Event of Default” shall exist under this lease Lease. Upon the occurrence of a Lessor Event of Default, Lessee may at Lessee’s option, cure the Lessor Event of Default and the actual cost of such cure and an amount equal to one percent (1%) thereof as a reasonable charge for administrative expenses together with interest at the Delinquency Rate shall be payable by Lessor to Lessee within thirty (30) calendar days after written demand; provided, however, that if a failure by Lessor to perform or otherwise result in the eviction of Tenant or the termination of the observe any term of this lease unless said Lease gives rise to circumstances or conditions which constitute an emergency threatening human health or safety or substantial damage to the Premises or Lessee’s personal property, or materially impeding the conduct of the business of Lessee at the Premises, Lessee shall be entitled to take immediate curative action (prior to the expiration of any notice and cure period set forth above) to the extent necessary to eliminate the emergency. If Lessor does not pay to Lessee the amount of such cost, upon written notice demand, Lessee may set off such cost against installments of Base Rent or other amounts due Lessor under this Lease. Such cost must be reasonably incurred and must not exceed the scope of the Lessor Event of Default in question; and if such costs are chargeable as a result of labor or materials provided directly by Lessee, rather than by unrelated third parties, the costs shall not exceed the amount which would have been served on Tenant as hereinbefore provided charged by a qualified third party unrelated to Lessee. The quality of all work performed by Lessee must equal or exceed the quality of Lessor’s Work. Such costs must be reasonably documented and Tenant copies of such documentation must be delivered to Lessor with the written demand for reimbursement. Lessee shall have failed be permitted to cure continue to set off against succeeding installments of Base Rent until the total amount of such default within said 20-day period after the service of said noticecost actually incurred by Lessee has been recovered by Lessee. In the event of a termination of the term of this lease prior and to the expiration date thereof pursuant to extent that the provisions of this Paragraph A, Tenant Premises shall not thereby be relieved from liability for damages sustained or to be sustained by Landlord rendered untenantable by reason of Lessor’s failure to perform any obligation described herein, including without limitation Lessor’s failure to make repairs, and the breach expiration of this lease by Tenant any cure periods in favor of Lessor, Rent due hereunder shall ▇▇▇▇▇ to the extent and Tenant in proportion to which that portion of the Buildings or either Building that is untenantable compares to the Building or Buildings as a whole until Lessor shall pay have satisfactorily performed such obligation; provided, however, Lessee shall not be entitled to Landlord all any such damages incurred by Landlord by reason abatement to the extent Lessee is still using the portion of the Premises that Lessee claims to be untenantable. Alternatively, Lessee shall have the right to perform such breach.obligations at the expense of Lessor as her