Common use of Default of the Tenant Clause in Contracts

Default of the Tenant. 19.1 Without prejudice to any other rights and remedies which the Landlord may have for breach of this Agreement, the Landlord may determine this Agreement and resume sole occupation of the Premises to the exclusion of the Tenant if: 19.1.1 the Tenant fails to begin carrying out the Tenant's Works within four weeks of the date of this Agreement or (unless such failure shall not be due to the fault of the Tenant) the date of obtaining the Landlord's and Superior Landlord's license for the Tenant's Works and the Consent at clause 9 whichever shall be the later; 19.1.2 the Tenant fails to pay any license fees or other sums payable to the Landlord under this Agreement within fourteen days of their becoming due in the case of license fees and after written demand in the case of all other sums; 19.1.3 any execution or distress is levied upon any asset of the Tenant at the Premises and is not discharged within seven days; 19.1.4 the Tenant or the Surety enters into liquidation whether compulsory or voluntary (not being merely a voluntary liquidation whilst solvent for the purpose of reconstruction) or has a receiver or administrator or administrative receiver appointed of all or any assets (or any application for such appointment is made) or, in the case of the Surety, any analogous process in the United States or elsewhere; 19.1.5 the Tenant fails to complete the Tenant's Works by the date being twelve weeks from the date of this Agreement or (unless such failure shall not be due to the fault of the Tenant) the date of obtaining the Landlord's and Superior Landlord's license for the Tenant's Works and the Consent at clause 9 whichever shall be the later; 19.1.6 the Tenant otherwise at any time breaches any material term of this Agreement and fails to remedy such breach within fourteen days of receiving written notification of the same from the Landlord. 19.2 If this Agreement is determined under clause 19.1: 19.2.1 the Tenant shall pay to the Landlord all reasonable and proper costs and expenses incurred by the Landlord in, and to the extent the Landlord may require, either removing and dismantling the Tenant's Works and reinstating the Premises, or completing the Tenant's Works in circumstances where the Tenant has failed to do so within two weeks of receiving written notification to do so by the Landlord. 19.2.2 the Tenant shall indemnify the Landlord against all professional and other costs and expenses arising out of the determination of this Agreement; 19.2.3 any wholly or partially completed Tenant's Works and any other materials plant and equipment at the Premises belonging to the Tenant shall be removed by the Tenant at the request of the Landlord and any not so removed within two weeks of such request shall become the property of the Landlord without any compensation being payable to the Tenant; and 19.2.4 the Tenant shall indemnify the Landlord in respect of any charge to tax or any other levy charge or duty or the loss or withholding of any relief or credit in respect of any tax levy charge or duty arising out of or resulting from the Tenant's Works or the provisions of this Agreement save in relation to the VAT payable in accordance with the provisions of clause 17.3 hereof.

Default of the Tenant. 19.1 Without prejudice to 13.01 In the event of any other rights and remedies which the Landlord may have for breach failure of this Agreement, the Landlord may determine this Agreement and resume sole occupation of the Premises to the exclusion of the Tenant if: 19.1.1 the Tenant fails to begin carrying out the Tenant's Works within four weeks of the date of this Agreement or (unless such failure shall not be due to the fault of the Tenant) the date of obtaining the Landlord's and Superior Landlord's license for the Tenant's Works and the Consent at clause 9 whichever shall be the later; 19.1.2 the Tenant fails to pay any license fees Basic Minimum Annual Rent, Additional Rent or any other sums monies payable to the Landlord under this Agreement Lease within fourteen fifteen (15) days after written notice of their becoming due failure to pay said sums, Tenant shall be in material default of the Lease. Tenant shall also be in material default of this Lease upon the happening of any of the following: (i) the failure to deliver any estoppel or subordination, non disturbance and/or attornment agreement within the time limits set forth for default in the case Article of license fees this Lease requiring execution and delivery of such documents; (ii) the failure to have any mechanic's lien discharged within the time period set forth for default in the Article requiring removal of mechanic's liens; (iii) the failure to commence within thirty (30) days after written demand in notice of failure to perform, and diligently pursue the case of all performance of, any other sums; 19.1.3 any execution or distress is levied upon any asset of the Tenant at the Premises and is not discharged within seven days; 19.1.4 the terms, conditions or covenants of this Lease to be observed or performed by Tenant; (iv) if Tenant or the Surety enters into liquidation whether compulsory any guarantor shall become bankrupt or voluntary (not being merely a voluntary liquidation whilst solvent for the purpose of reconstruction) insolvent, or has a receiver file any debtor proceedings, or administrator take or administrative receiver appointed of all or any assets (or any application for such appointment is made) orhave taken against them, in the case any court, pursuant to any statute either of the Surety, any analogous process in the United States or elsewhere; 19.1.5 of any State, a petition in bankruptcy or insolvency or for the Tenant fails to complete reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's Works property or make an assignment for the benefit of creditors; or (v) if Tenant's interest in this Lease shall be taken under any writ of execution. The foregoing conditions of default shall be limited to the extent required by any state or federal laws affecting this Lease and Landlord's rights against Tenant, including the date being twelve weeks from United States bankruptcy laws. To the extent permitted by law, all payments are due on the due dates set forth in the Lease, and there shall be no grace period for the due date of this Agreement or (unless such failure shall not be due to the fault of rent other than the Tenant) the date of obtaining the Landlord's and Superior Landlord's license for the Tenant's Works and the Consent at clause 9 whichever shall be the later; 19.1.6 the Tenant otherwise at any time breaches any material term of this Agreement and fails to remedy such breach within fourteen days of receiving written notification of the same above 15 day period after notice from the Landlord. 19.2 If 13.02 In the event of default, then Landlord, besides other rights or remedies Landlord may have, shall have the right to terminate this Agreement is determined Lease and proceed under clause 19.1: 19.2.1 any law entitling Landlord to recover possession of the Tenant shall pay to the Landlord all reasonable and proper costs and expenses incurred by the Landlord inLeased Premises, and to the extent permitted by law, shall be entitled the right of immediate reentry and to eject Tenant from the Project, without resort to court proceedings. Upon such default, to the extent permitted by law, Tenant's property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant. Tenant acknowledges that this Lease is a commercial Lease, and to the extent permitted by law, Tenant waives the requirement of a statutory notice to quit possession prior to commencement of summary process proceedings. 13.03 Should Landlord elect to reenter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord may requireeither terminate this Lease or Landlord may from time to time, either removing without terminating this Lease, make such alterations and dismantling repairs as may be necessary in order to relet the Tenant's Works and reinstating the Leased Premises, or completing any part thereof, for such term or terms (which may be for a term extending beyond the Tenantterms of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in Landlord's Works in circumstances where the Tenant has failed to do so within two weeks of receiving written notification to do so discretion may deem advisable. Upon each such reletting, all rentals received by the Landlord from such reletting shall be applied first to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord. 19.2.2 ; second, to the Tenant shall indemnify the Landlord against all professional and other payment of any costs and expenses arising out of such reletting, including brokerage fees and attorney's fees and of costs of such alterations and repairs; third, to the payment of rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rentals received from such reletting during any month are less than that to be paid during that month by Tenant hereunder, Tenant shall pay any deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such reentry or taking possession of the determination Leased Premises by Landlord shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Agreement; 19.2.3 Lease for such previous breach. Should Landlord at any wholly or partially completed Tenant's Works and time terminate this Lease for any breach, in addition to any other materials plant remedies Landlord may have, Landlord may recover from Tenant all damages Landlord may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable attorney's fees, and equipment at the Premises belonging to the Tenant shall be removed by the Tenant at the request present value of the Landlord and any not so removed within two weeks of such request shall become the property of the Landlord without any compensation being payable to the Tenant; and 19.2.4 the Tenant shall indemnify the Landlord in respect of any charge to tax or any other levy charge or duty or the loss or withholding of any relief or credit in respect of any tax levy charge or duty arising out of or lost rent resulting from the failure of Landlord or Tenant to obtain another Tenant for the Leased Premises for any period of time after Tenant's Works or default, and/or resulting from the fact that the reasonable rental value of the Lease Premises at the time of Tenant's default is less than the value of the remaining rental payments due under this Lease. 13.04 In case Landlord shall retain an attorney to enforce the provisions of this Agreement save in relation to Lease or if suit shall be brought for recovery of possession of the VAT payable in accordance with Leased Premises, for the recovery of rent or any other amount due under the provisions of clause 17.3 hereofthis Lease, or because of the breach of any other covenant herein contained on the part of Tenant to be kept or performed, Tenant shall pay to Landlord all expenses incurred therefor, including a reasonable attorney's fee.

Default of the Tenant. 19.1 Without prejudice (1) If tenant shall default in the payment of any rent or other payments required of Tenant, or any part thereof, and if such default shall continue for three (3) days after the payment shall be due, or (2) if Tenant shall default in the performance or observance of any other agreement or condition on its part to be performed or observed, and if Tenant shall fail to cure said default within ten (10) days after notice of said default from Landlord, or (3) if any person shall levy upon, take, or attempt to take this leasehold interest or any part thereof upon execution, attachment or other process of law, or (4) if Tenant shall make default with respect to any other rights lease between it and remedies which the Landlord may have for breach Landlord, or (5) if this Lease or any interest therein shall by operation of this Agreementlaw devolve upon or pass to any person or persons other than Tenant, the Landlord may determine this Agreement or (6) if Tenant shall fail to move into and resume sole occupation take possession of the Leased Premises and open for business within thirty (30) days after Landlord’s giving notice to Tenant that the exclusion of the Tenant if: 19.1.1 the Tenant fails to begin carrying out the Leased Premises are ready for occupancy by Tenant's Works within four weeks of the date of this Agreement , or (unless such failure 7) if Tenant shall not be due become bankrupt or insolvent, or file any debtor proceedings, or take or have taken against Tenant in any court, pursuant to the fault any statute, either of the Tenant) the date of obtaining the Landlord's and Superior Landlord's license for the Tenant's Works and the Consent at clause 9 whichever shall be the later; 19.1.2 the Tenant fails to pay any license fees or other sums payable to the Landlord under this Agreement within fourteen days of their becoming due in the case of license fees and after written demand in the case of all other sums; 19.1.3 any execution or distress is levied upon any asset of the Tenant at the Premises and is not discharged within seven days; 19.1.4 the Tenant or the Surety enters into liquidation whether compulsory or voluntary (not being merely a voluntary liquidation whilst solvent for the purpose of reconstruction) or has a receiver or administrator or administrative receiver appointed of all or any assets (or any application for such appointment is made) or, in the case of the Surety, any analogous process in the United States or elsewhere; 19.1.5 of any state, a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, or if Tenant fails makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or suffer this Lease to complete the Tenant's Works by the date being twelve weeks from the date be taken under any writ or execution or attachment, then, in any of this Agreement said cases (notwithstanding any consent to any former breach of agreement or (unless such failure shall not be due to the fault condition or waiver of the Tenantbenefit hereof or consent in a former instance) the date of obtaining the Landlord's and Superior Landlord's license for the Tenant's Works and the Consent at clause 9 whichever shall be the later; 19.1.6 the Tenant otherwise Landlord lawfully may immediately, or at any time breaches thereafter, and without any material term of further notice or demand, terminate this Agreement Lease and fails to remedy such breach within fourteen days of receiving written notification of Tenant will forthwith quit and surrender the same from the Landlord. 19.2 Leased Premises, but Tenant shall remain liable as hereinafter provided. If this Agreement is determined under clause 19.1: 19.2.1 the Tenant shall pay to the Landlord all reasonable and proper costs and expenses incurred by the Landlord in, and to the extent the Landlord may require, either removing and dismantling the Tenant's Works and reinstating the Premises, or completing the Tenant's Works in circumstances where the Tenant has failed to do so within two weeks of receiving written notification to do so by the Landlord. 19.2.2 the Tenant shall indemnify the Landlord against all professional and other costs and expenses arising out of the determination of this Agreement; 19.2.3 any wholly or partially completed Tenant's Works and any other materials plant and equipment at the Premises belonging to the Tenant Lease shall be removed by the Tenant at the request of the Landlord and any not so removed within two weeks of such request shall become the property of the Landlord without any compensation being payable to the Tenant; and 19.2.4 the Tenant shall indemnify the Landlord terminated, as provided in respect of any charge to tax or any other levy charge or duty or the loss or withholding of any relief or credit in respect of any tax levy charge or duty arising out of or resulting from the Tenant's Works or the provisions of this Agreement save in relation to the VAT payable in accordance with the provisions of clause 17.3 hereof.Paragraph:

Default of the Tenant. 19.1 Without prejudice to 13.01 In the event of any other rights and remedies which the Landlord may have for breach failure of this Agreement, the Landlord may determine this Agreement and resume sole occupation of the Premises to the exclusion of the Tenant if: 19.1.1 the Tenant fails to begin carrying out the Tenant's Works within four weeks of the date of this Agreement or (unless such failure shall not be due to the fault of the Tenant) the date of obtaining the Landlord's and Superior Landlord's license for the Tenant's Works and the Consent at clause 9 whichever shall be the later; 19.1.2 the Tenant fails to pay any license fees Basic Minimum Annual Rent, Additional Rent or any other sums monies payable to the Landlord under this Agreement Lease within fourteen ten (10) days after written notice of their becoming due failure to pay said sums, Tenant shall be in material default of the Lease. Tenant shall also be in material default of this Lease upon the happening of any of the following: (i) the failure to deliver any estoppel or subordination, non disturbance and/or attornment agreement within the time limits set forth for default in the case Article of license fees this Lease requiring execution and delivery of such documents; (ii) the failure to have any mechanic's lien discharged within the time period set forth for default in the Article requiring removal of mechanic's liens; (iii) the failure to commence within thirty (30) days after written demand in notice of failure to perform, and diligently pursue the case of all performance of, any other sums; 19.1.3 any execution or distress is levied upon any asset of the Tenant at the Premises and is not discharged within seven days; 19.1.4 the terms, conditions or covenants of this Lease to be observed or performed by Tenant; (iv) if Tenant or the Surety enters into liquidation whether compulsory any guarantor shall become bankrupt or voluntary (not being merely a voluntary liquidation whilst solvent for the purpose of reconstruction) insolvent, or has a receiver file any debtor proceedings, or administrator take or administrative receiver appointed of all or any assets (or any application for such appointment is made) orhave taken against them, in the case any court, pursuant to any statute either of the Surety, any analogous process in the United States or elsewhere; 19.1.5 of any State, a petition in bankruptcy or insolvency or for the Tenant fails to complete reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's Works property or make an assignment for the benefit of creditors; or (v) if Tenant's interest in this Lease shall be taken under any writ of execution. The foregoing conditions of default shall be limited to the extent required by any state or federal laws affecting this Lease and Landlord's rights against Tenant, including the date being twelve weeks from United States bankruptcy laws. To the extent permitted by law, all payments are due on the due dates set forth in the Lease, and there shall be no grace period for the due date of this Agreement or (unless such failure shall not be due to the fault of rent other than the Tenant) the date of obtaining the Landlord's and Superior Landlord's license for the Tenant's Works and the Consent at clause 9 whichever shall be the later; 19.1.6 the Tenant otherwise at any time breaches any material term of this Agreement and fails to remedy such breach within fourteen days of receiving written notification of the same above ten day period after notice from the Landlord. 19.2 If 13.02 In the event of default, then Landlord, besides other rights or remedies Landlord may have, shall have the right to terminate this Agreement is determined Lease and proceed under clause 19.1: 19.2.1 any law entitling Landlord to recover possession of the Tenant shall pay to the Landlord all reasonable and proper costs and expenses incurred by the Landlord inLeased Premises, and to the extent permitted by law, shall be entitled the right of immediate reentry and to eject Tenant from the Project, without resort to court proceedings. Upon such default, to the extent permitted by law, Tenant's property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant. Tenant acknowledges that this Lease is a commercial Lease, and to the extent permitted by law, Tenant waives the requirement of a statutory notice to quit possession prior to commencement of summary process proceedings. 13.03 Should Landlord elect to reenter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord may requireeither terminate this Lease or Landlord may from time to time, either removing without terminating this Lease, make such alterations and dismantling repairs as may be necessary in order to relet the Tenant's Works and reinstating the Leased Premises, or completing any part thereof, for such term or terms (which may be for a term extending beyond the Tenantterms of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in Landlord's Works in circumstances where the Tenant has failed to do so within two weeks of receiving written notification to do so discretion may deem advisable. Upon each such reletting, all rentals received by the Landlord from such reletting shall be applied first to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord. 19.2.2 ; second, to the Tenant shall indemnify the Landlord against all professional and other payment of any costs and expenses arising out of such reletting, including brokerage fees and attorney's fees and of costs of such alterations and repairs; third, to the payment of rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rentals received from such reletting during any month are less than that to be paid during that month by Tenant hereunder, Tenant shall pay any deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such reentry or taking possession of the determination Leased Premises by Landlord shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Agreement; 19.2.3 Lease for such previous breach. Should Landlord at any wholly or partially completed Tenant's Works and time terminate this Lease for any breach, in addition to any other materials plant remedies Landlord may have, Landlord may recover from Tenant all damages Landlord may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable attorney's fees, and equipment at the Premises belonging to the Tenant shall be removed by the Tenant at the request present value of the Landlord and any not so removed within two weeks of such request shall become the property of the Landlord without any compensation being payable to the Tenant; and 19.2.4 the Tenant shall indemnify the Landlord in respect of any charge to tax or any other levy charge or duty or the loss or withholding of any relief or credit in respect of any tax levy charge or duty arising out of or lost rent resulting from the failure of Landlord or Tenant to obtain another Tenant for the Leased Premises for any period of time after Tenant's Works or default, and/or resulting from the fact that the reasonable rental value of the Lease Premises at the time of Tenant's default is less than the value of the remaining rental payments due under this Lease. Landlord acknowledges a duty to mitigate damages under the law. 13.04 In case Landlord shall retain an attorney to enforce the provisions of this Agreement save in relation to Lease or if suit shall be brought for recovery of possession of the VAT payable in accordance with Leased Premises, for the recovery of rent or any other amount due under the provisions of clause 17.3 hereofthis Lease, or because of the breach of any other covenant herein contained on the part of Tenant to be kept or performed, Tenant shall pay to Landlord all reasonable expenses incurred therefor, including a reasonable attorney's fee.

Default of the Tenant. 19.1 Without prejudice (1) If Tenant shall default in the payment of any rent or other payments required of Tenant, or any part thereof, and if such default shall continue for five (5) days after the payment shall be due, or (2) if Tenant shall default in the performance or observance of any other agreement or condition on its part to be performed or observed, and if Tenant shall fail to cure said default within ten (10) days after notice of said default from Landlord, or (3) if any person shall levy upon, take, or attempt to take this leasehold interest or any part thereof upon execution, attachment or other process of law, or (4) if Tenant shall make default with respect to any other rights lease between it and remedies which the Landlord may have for breach of this AgreementLandlord, the Landlord may determine this Agreement and resume sole occupation of the Premises to the exclusion of the Tenant if: 19.1.1 the Tenant fails to begin carrying out the Tenant's Works within four weeks of the date of this Agreement or (unless such failure 5) if the premises shall be deserted, vacated, abandoned, or business operations shall not be due conducted therein for a period of three or more days, or (6) if this Lease or any interest therein shall by operation of law devolve upon or pass to the fault any person or persons other than Tenant, or (7) if Tenant shall fail to move into and take possession of the leased premises and open for business within thirty (30) days after ▇▇▇▇▇▇▇▇'s giving notice to Tenant that the leased premises are ready for occupancy by Tenant) the date , or (8) if Tenant shall become bankrupt or insolvent, or file any debtor proceedings, or take or have taken against Tenant in any court, pursuant to any statute, either of obtaining the Landlord's and Superior Landlord's license for the Tenant's Works and the Consent at clause 9 whichever shall be the later; 19.1.2 the Tenant fails to pay any license fees or other sums payable to the Landlord under this Agreement within fourteen days of their becoming due in the case of license fees and after written demand in the case of all other sums; 19.1.3 any execution or distress is levied upon any asset of the Tenant at the Premises and is not discharged within seven days; 19.1.4 the Tenant or the Surety enters into liquidation whether compulsory or voluntary (not being merely a voluntary liquidation whilst solvent for the purpose of reconstruction) or has a receiver or administrator or administrative receiver appointed of all or any assets (or any application for such appointment is made) or, in the case of the Surety, any analogous process in the United States or elsewhere; 19.1.5 of any state, a petition in bankruptcy or insolvency or for reorganization or for the Tenant fails to complete the appointment of a receiver or trustee of all or a portion of Tenant's Works by property, or if ▇▇▇▇▇▇ makes and assignment for the date being twelve weeks from benefit of creditors, or petitions for or enters into an arrangement, or suffer this Lease to be taken under any writ or execution or attachment, then, in any of said cases (notwithstanding any license of any former breach of agreement or condition or waiver of the date of benefit hereof or consent in a former instance) Landlord lawfully may immediately, or at, any time thereafter, and without any further notice or demand, terminate this Agreement Lease and Tenant will forthwith quit and surrender the leased premises, but Tenant shall remain liable as hereinafter provided, or (unless such failure shall 9) if Tenant does not be due to at all times diligently pursue the fault approval of its Bank Charter and does not keep Landlord informed of the Tenant) the date status of obtaining the Landlord's and Superior Landlord's license for the Tenant's Works and the Consent at clause 9 whichever such Charter on a regular basis prior to commencement thereof. If this Lease shall be the later; 19.1.6 the Tenant otherwise at any time breaches any material term of terminated, as provided in this Agreement and fails to remedy such breach within fourteen days of receiving written notification of the same from the Landlord. 19.2 If this Agreement is determined under clause 19.1Paragraph: 19.2.1 the Tenant shall pay to the Landlord all reasonable and proper costs and expenses incurred by the Landlord in, and to the extent the Landlord may require, either removing and dismantling the Tenant's Works and reinstating the Premises, or completing the Tenant's Works in circumstances where the Tenant has failed to do so within two weeks of receiving written notification to do so by the Landlord. 19.2.2 the Tenant shall indemnify the Landlord against all professional and other costs and expenses arising out of the determination of this Agreement; 19.2.3 any wholly or partially completed Tenant's Works and any other materials plant and equipment at the Premises belonging to the Tenant shall be removed by the Tenant at the request of the Landlord and any not so removed within two weeks of such request shall become the property of the Landlord without any compensation being payable to the Tenant; and 19.2.4 the Tenant shall indemnify the Landlord in respect of any charge to tax or any other levy charge or duty or the loss or withholding of any relief or credit in respect of any tax levy charge or duty arising out of or resulting from the Tenant's Works or the provisions of this Agreement save in relation to the VAT payable in accordance with the provisions of clause 17.3 hereof.

Default of the Tenant. 19.1 Without (a) If Tenant shall default in the performance or observance of any of the covenants, agreements, terms, provisions or conditions contained herein and on its part to be performed or observed for a period of thirty (30) days after written notice from the Landlord specifying such default, or (b) if Tenant is in default in payment of rents for a period of (10) days, or (c) if any assignment shall be made by Tenant for the benefit of creditors, or Tenant becomes involved in any proceedings as a Debtor under the bankruptcy laws of the United States in effect at the time of default, or (d) if Tenant's leasehold interest shall be taken on execution, then and in any of such cases, Landlord and the agents and servants of Landlord lawfully may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter and without prior demand or statutory notice to quit, commence an action or Summary Process to evict Tenant from the Premises, without prejudice to any other remedies which might otherwise be used for arrears of rent or preceding breach of covenant. Tenant hereby waives the statutory Notice to Quit, and Tenant covenants and agrees that in the case of such termination, or termination under statute by reason of default on Tenant's part, Tenant will, at the election of the Landlord: (i) pay to Landlord in equal monthly installments, in advance, sums equal to the aggregate rent herein provided for or, if the Demised Premises have been relet to a new tenant, a lump sum equal to the excess of the aggregate rent herein provided for over the sums to be received by Landlord as stated in the lease to the new tenant, such sums being payable as liquidated damages for the unexpired term hereof; or (ii) pay to Landlord as damages a sum which at the time of such termination or at the time to which installments of liquidated damages shall have been paid represents the amount by which the then rental value of the Demised Premises is less than the aggregate rent herein provided for the residue of the term; or (iii) indemnify Landlord against loss of the aggregate rent herein provided for from the time of such termination or from the time to which installments of liquidated damages shall have been paid to the expiration of the term hereof as above set forth. For the purpose of this Article, the phrase "aggregate rent", as used herein, shall include the fixed annual rent and all additional rents and charges payable hereunder, including reasonable attorney's fees incurred by Landlord in enforcing its rights hereunder and include interest on all unpaid sums at the rate of twelve percent (12%) per annum, from the date of default to the date of payment. In the event of a default by the Tenant as above provided, if Landlord shall elect not to terminate this Lease, it may relet the Demised Premises or any part or parts thereof, either in the name of Landlord or Tenant, for a term or terms which may, at Landlord's option, extend beyond the balance of the term of this Lease, and Tenant agrees that in the event of such reletting to a new tenant, Tenant shall pay Landlord any deficiency between the aggregate rent hereby reserved and covenanted to be paid and the net amount of the rents set forth in the lease to the new tenant, on such reletting, as well as any expense incurred by Landlord in such reletting including, but not limited to, attorney fees, broker's fees and expenses of remodeling and putting the Demised Premises in good order and preparing the same for rerental. Such deficiency shall be paid by Tenant to Landlord upon delivery to Tenant of a copy of the lease to the new tenant along with an itemization of the balance due and owing. 13.2 Any and all rights and remedies which the Landlord may have for breach under this Lease and at law and in equity shall be cumulative and shall not be deemed inconsistent with each other, and any two or more of this Agreement, all such rights and remedies may be exercised at the same time insofar as permitted by law. 13.3 Landlord may determine this Agreement shall not be deemed in default in the performance of any of its obligations hereunder unless it shall fail to perform such obligations and resume sole occupation of the Premises to the exclusion of the Tenant if: 19.1.1 the Tenant fails to begin carrying out the Tenant's Works within four weeks of the date of this Agreement or (unless such failure shall not be due continue for a period of thirty (30) days or such additional time as is reasonably required to correct any such default after written notice has been given by Tenant to Landlord specifying the fault nature of the Tenant) the date of obtaining the Landlord's and Superior Landlord's license for alleged default. 13.4 If either party brings an action against the Tenant's Works and other party to enforce the Consent at clause 9 whichever shall be the later; 19.1.2 the Tenant fails to pay any license fees or other sums payable to the Landlord under this Agreement within fourteen days of their becoming due in the case of license fees and after written demand in the case of all other sums; 19.1.3 any execution or distress is levied upon any asset of the Tenant at the Premises and is not discharged within seven days; 19.1.4 the Tenant or the Surety enters into liquidation whether compulsory or voluntary (not being merely a voluntary liquidation whilst solvent for the purpose of reconstruction) or has a receiver or administrator or administrative receiver appointed of all or any assets (or any application for such appointment is made) or, in the case of the Surety, any analogous process in the United States or elsewhere; 19.1.5 the Tenant fails to complete the Tenant's Works by the date being twelve weeks from the date terms of this Agreement or (unless such failure shall not be due to agreement, the fault of the Tenant) the date of obtaining the Landlord's and Superior Landlord's license for the Tenant's Works and the Consent at clause 9 whichever shall be the later; 19.1.6 the Tenant otherwise at any time breaches any material term of this Agreement and fails to remedy such breach within fourteen days of receiving written notification of the same from the Landlord. 19.2 If this Agreement is determined under clause 19.1: 19.2.1 the Tenant losing party shall pay to the Landlord all reasonable and proper costs and expenses incurred by the Landlord in, and to the extent the Landlord may require, either removing and dismantling the Tenantprevailing party's Works and reinstating the Premises, or completing the Tenant's Works in circumstances where the Tenant has failed to do so within two weeks of receiving written notification to do so by the Landlordattorneys fees. 19.2.2 the Tenant shall indemnify the Landlord against all professional and other costs and expenses arising out of the determination of this Agreement; 19.2.3 any wholly or partially completed Tenant's Works and any other materials plant and equipment at the Premises belonging to the Tenant shall be removed by the Tenant at the request of the Landlord and any not so removed within two weeks of such request shall become the property of the Landlord without any compensation being payable to the Tenant; and 19.2.4 the Tenant shall indemnify the Landlord in respect of any charge to tax or any other levy charge or duty or the loss or withholding of any relief or credit in respect of any tax levy charge or duty arising out of or resulting from the Tenant's Works or the provisions of this Agreement save in relation to the VAT payable in accordance with the provisions of clause 17.3 hereof.

Default of the Tenant. 19.1 Without prejudice to 13.01 In the event of any other rights and remedies which the Landlord may have for breach failure of this Agreement, the Landlord may determine this Agreement and resume sole occupation of the Premises to the exclusion of the Tenant if: 19.1.1 the Tenant fails to begin carrying out the Tenant's Works within four weeks of the date of this Agreement or (unless such failure shall not be due to the fault of the Tenant) the date of obtaining the Landlord's and Superior Landlord's license for the Tenant's Works and the Consent at clause 9 whichever shall be the later; 19.1.2 the Tenant fails to pay any license fees Basic Minimum Annual Rent, Additional Rent or any other sums monies payable to the Landlord under this Agreement Lease within fourteen ten (10) days after written notice of their becoming due failure to pay said sums, Tenant shall be in material default of the Lease. Tenant shall also be in material default of this Lease upon the happening of any of the following: [i] the failure to deliver any estoppel or subordination, non disturbance and/or attornment agreement within the time limits set forth for default in the case Article of license fees this Lease requiring execution and delivery of such documents; [ii] the failure to have any mechanic's lien discharged within the time period set forth for default in the Article requiring removal of mechanic's liens; [iii] the failure to commence within thirty (30) days after written demand in notice of failure to perform, and diligently pursue the case of all performance of, any other sums; 19.1.3 any execution or distress is levied upon any asset of the Tenant at the Premises and is not discharged within seven days; 19.1.4 the terms, conditions or covenants of this Lease to be observed or performed by Tenant; [iv] if Tenant or the Surety enters into liquidation whether compulsory any guarantor shall become bankrupt or voluntary (not being merely a voluntary liquidation whilst solvent for the purpose of reconstruction) insolvent, or has a receiver file any debtor proceedings, or administrator take or administrative receiver appointed of all or any assets (or any application for such appointment is made) orhave taken against them, in the case any court, pursuant to any statute either of the Surety, any analogous process in the United States or elsewhere; 19.1.5 of any State, a petition in bankruptcy or insolvency or for the Tenant fails to complete reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's Works property or make an assignment for the benefit of creditors; or [v] if Tenant's interest in this Lease shall be taken under any writ of execution. The foregoing conditions of default shall be limited to the extent required by any state or federal laws affecting this Lease and Landlord's rights against Tenant, including the date being twelve weeks from United States bankruptcy laws. To the extent permitted by law, all payments are due on the due dates set forth in the Lease, and there shall be no grace period for the due date of this Agreement or (unless such failure shall not be due to the fault of rent other than the Tenant) the date of obtaining the Landlord's and Superior Landlord's license for the Tenant's Works and the Consent at clause 9 whichever shall be the later; 19.1.6 the Tenant otherwise at any time breaches any material term of this Agreement and fails to remedy such breach within fourteen days of receiving written notification of the same above ten day period after notice from the Landlord. 19.2 If 13.02 In the event of default, then Landlord, besides other rights or remedies Landlord may have, shall have the right to terminate this Agreement is determined Lease and proceed under clause 19.1: 19.2.1 any law entitling Landlord to recover possession of the Tenant shall pay to the Landlord all reasonable and proper costs and expenses incurred by the Landlord inLeased Premises, and to the extent permitted by law, shall be entitled the right of immediate reentry and to eject Tenant from the Project, without resort to court proceedings. Upon such default, to the extent permitted by law, Tenant's property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant. 13.03 Should Landlord elect to reenter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord may requireeither terminate this Lease or Landlord may from time to time, either removing without terminating this Lease, make such alterations and dismantling repairs as may be necessary in order to relet the Tenant's Works and reinstating the Leased Premises, or completing any part thereof, for such term or terms (which may be for a term extending beyond the Tenantterms of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in Landlord's Works in circumstances where the Tenant has failed to do so within two weeks of receiving written notification to do so discretion may deem advisable. Upon each such reletting, all rentals received by the Landlord from such reletting shall be applied first to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord. 19.2.2 ; second, to the Tenant shall indemnify the Landlord against all professional and other payment of any costs and expenses arising out of such reletting, including brokerage fees and attorney's fees and of costs of such alterations and repairs; third, to the payment of rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rentals received from such reletting during any month are less than that to be paid during that month by Tenant hereunder, Tenant shall pay any deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such reentry or taking possession of the determination Leased Premises by Landlord shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Agreement; 19.2.3 Lease for such previous breach. Should Landlord at any wholly or partially completed Tenant's Works and time terminate this Lease for any breach, in addition to any other materials plant remedies Landlord may have, Landlord may recover from Tenant all damages Landlord may incur by reason of such breach (except for consequential damages not allowed under the law), including the cost of recovering the Leased Premises, reasonable attorney's fees, and equipment at the Premises belonging to the Tenant shall be removed by the Tenant at the request present value of the Landlord and any not so removed within two weeks of such request shall become the property of the Landlord without any compensation being payable to the Tenant; and 19.2.4 the Tenant shall indemnify the Landlord in respect of any charge to tax or any other levy charge or duty or the loss or withholding of any relief or credit in respect of any tax levy charge or duty arising out of or lost rent resulting from the failure of Landlord or Tenant to obtain another Tenant for the Leased Premises for any period of time after Tenant's Works or default, and/or resulting from the fact that the reasonable rental value of the Leased Premises at the time of Tenant's default is less than the value of the remaining rental payments due under this Lease. It is acknowledged that if this Lease shall be terminated by Landlord on account of Tenant's breach, Landlord's recovery shall take into account rental which could be reasonably expected to be produced by Landlord (which would take into account the reasonable market rates then prevailing and the reasonable lag period to find and obtain rent from a new tenant) if Landlord used reasonable efforts to re-rent the Leased Premises. 13.04 In case Landlord shall retain an attorney to enforce the provisions of this Agreement save in relation to Lease or if suit shall be brought for recovery of possession of the VAT payable in accordance with Leased Premises, for the recovery of rent or any other amount due under the provisions of clause 17.3 hereofthis Lease, or because of the breach of any other covenant herein contained on the part of Tenant to be kept or performed, Tenant shall pay to Landlord all expenses incurred therefor, including a reasonable attorney's fee.

Default of the Tenant. 19.1 Without prejudice (1) If the Tenant shall default in the payment of any rent or other payments required of Tenant, or any part thereof, and if such default shall continuo for THREE (3) days after the payment shall be due, or (2) if Tenant shall default in the performance or observance of any other agreement or condition on its part to be performed or observed, and if Tenant shall fail to cure said default within TEN (10) days after notice of said default from Landlord, or (3) if any person shall levy upon, take or attempt to take this leasehold interest or any part thereof upon execution, attachment or other process of law, or (4) if Tenant shall make default with, respect to any other rights and remedies which the Landlord may have for breach provision of this AgreementLease, the Landlord may determine this Agreement and resume sole occupation of the Premises to the exclusion of the Tenant if: 19.1.1 the Tenant fails to begin carrying out the Tenant's Works within four weeks of the date of this Agreement or (unless such failure 5) if the premises shall be deserted, vacated, abandoned or business operations shall not be due to the fault conducted therein for â. period of the Tenantthirty (30) the date of obtaining the Landlord's and Superior Landlord's license for the Tenant's Works and the Consent at clause 9 whichever or more days, or (6) if this Lease or any interest therein shall be the later; 19.1.2 the operation of law devolve upon or pass to any person or persons other than Tenant, or (7) if Tenant fails shall become bankrupt or insolvent, or file any debtor proceedings, or take or have taken against Tenant in any court, pursuant to pay any license fees or other sums payable to the Landlord under this Agreement within fourteen days statute, either of their becoming due in the case of license fees and after written demand in the case of all other sums; 19.1.3 any execution or distress is levied upon any asset of the Tenant at the Premises and is not discharged within seven days; 19.1.4 the Tenant or the Surety enters into liquidation whether compulsory or voluntary (not being merely a voluntary liquidation whilst solvent for the purpose of reconstruction) or has a receiver or administrator or administrative receiver appointed of all or any assets (or any application for such appointment is made) or, in the case of the Surety, any analogous process in the United States or elsewhere; 19.1.5 of any state, a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s. property, or if Tenant fails makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or suffer this Lease to complete the Tenant's Works by the date being twelve weeks from the date be taken under writ or execution or attachment, then, in any of this Agreement said cases (notwithstanding any license of any former breach of agreement or (unless such failure shall not be due to the fault condition or waiver of the Tenantbenefit hereof or consent. in a former instance) the date of obtaining the Landlord's and Superior Landlord's license for the Tenant's Works and the Consent at clause 9 whichever shall be the later; 19.1.6 the Tenant otherwise Landlord lawfully may immediately, or at any time breaches thereafter, and without any material term of further notice or demand, terminate this Agreement Lease and fails to remedy such breach within fourteen days of receiving written notification of Tenant will forthwith quit and surrender the same from the Landlord. 19.2 leased premises, but Tenant shall remain liable as hereinafter provided. If this Agreement is determined under clause 19.1: 19.2.1 the Tenant shall pay to the Landlord all reasonable and proper costs and expenses incurred by the Landlord in, and to the extent the Landlord may require, either removing and dismantling the Tenant's Works and reinstating the Premises, or completing the Tenant's Works in circumstances where the Tenant has failed to do so within two weeks of receiving written notification to do so by the Landlord. 19.2.2 the Tenant shall indemnify the Landlord against all professional and other costs and expenses arising out of the determination of this Agreement; 19.2.3 any wholly or partially completed Tenant's Works and any other materials plant and equipment at the Premises belonging to the Tenant Lease shall be removed by the Tenant at the request of the Landlord and any not so removed within two weeks of such request shall become the property of the Landlord without any compensation being payable to the Tenant; and 19.2.4 the Tenant shall indemnify the Landlord terminated, as provided in respect of any charge to tax or any other levy charge or duty or the loss or withholding of any relief or credit in respect of any tax levy charge or duty arising out of or resulting from the Tenant's Works or the provisions of this Agreement save in relation to the VAT payable in accordance with the provisions of clause 17.3 hereof.Paragraph: