Common use of REMEDIES FOR TENANT'S DEFAULT Clause in Contracts

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Landlord shall have the option to pursue any one or more of the following remedies without any prior notice or demand; (a) Landlord may terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord, and if Tenant fails to do so, Landlord may, without prejudice to any other remedy which it may have, enter upon and take possession of the Leased Premises, and expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises. Landlord shall not be liable for prosecution or any claim for damages as a result of such actions. Tenant agrees to pay on demand the amount of all losses, costs, expenses, deficiencies, and damages, including, without limitation, reconfiguration expenses, rental concessions and other inducements to new tenants, advertising expenses and broker's commissions, which Landlord may incur or suffer by reason of Tenant's default or the termination of the Lease under this subparagraph, whether through inability to relet the Leased Premises on satisfactory terms or otherwise. Tenant acknowledges that its obligation to pay Base Rent and all additional Rent hereunder is not only compensation for use of the Leased Premises but also compensation for sums already expended and/or being expended by Landlord with respect to its obligations hereunder and with respect to the Leased Premises, and Tenant acknowledges that Tenant's default in timely payment of all sums due hereunder shall constitute significant financial loss to Landlord. Tenant further acknowledges that any failure to pay any sum due hereunder shall evidence Tenant's inability to meet its debts as they become due. In such event, in addition to Landlord's other remedies hereunder, Landlord shall be entitled to accelerate all Base Rental remaining unpaid hereunder, the entirety of which shall, at the option of Landlord be immediately due and payable. (b) Landlord may enter upon and take possession of the Leased Premises and expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises (without being liable for prosecution or any claim for damages therefor) and relet the Leased Premises on behalf of Tenant and receive, directly the rent of the reletting. Tenant agrees to pay Landlord on demand any deficiency that may arise by reason of any reletting of the Leased Premises and to reimburse Landlord on demand for any losses, costs, and expenses, including without limitation, reconfiguration expenses, rental concessions and other inducements to new tenants, advertising costs or broker's commissions, which Landlord may incur or suffer as a result of Tenant's default or in reletting the Leased Premises. Tenant further agrees to reimburse Landlord for any expenditures made by it for remodeling or repairs necessary in order to relet the Leased Premises. In the event Landlord is successful in reletting the Leased Premises at a rental in excess of that agreed to be paid by Tenant pursuant to this Lease, Landlord and Tenant agree that Tenant shall not be entitled, under any circumstances, to such excess rental, and Tenant does hereby specifically waive any claim to such excess rental. (c) Landlord may enter upon the Leased Premises (without being liable for prosecution or any claim for damages therefor) and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any losses, costs and expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease. Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's obligations under this subparagraph, whether caused by the negligence of Landlord or otherwise. (d) Landlord may pursue any remedy provided at law or in equity. (e) Landlord shall have no duty to relet the Premises, and the failure of Landlord to do so shall not release or affect Tenant's Liability for Rentals and other charges due hereunder or for damages. (f) No re-entry or reletting of the Premises or any filing or service of an unlawful detainer action or similar action shall be construed as an election by Landlord to terminate Tenant's right to possession under this Lease unless a written notice of such intention is given by Landlord to Tenant. Notwithstanding any such reletting without termination. Landlord may at any time thereafter elect to terminate this Lease and Tenant's right to possession hereunder.

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Landlord shall have the option to pursue any one or more of the following remedies set forth in this Section without any prior additional notice or demand;: (a1) Without declaring the Lease terminated, Landlord may terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord, and if Tenant fails to do so, Landlord may, without prejudice to any other remedy which it may have, enter upon and take possession of the Leased Premises, and expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises. Landlord shall not be liable for prosecution or any claim for damages as a result of such actions. Tenant agrees to pay on demand the amount of all losses, costs, expenses, deficiencies, and damages, including, without limitation, reconfiguration expenses, rental concessions and other inducements to new tenants, advertising expenses and broker's commissions, which Landlord may incur or suffer by reason of Tenant's default or the termination of the Lease under this subparagraph, whether through inability to relet the Leased Premises on satisfactory terms or otherwise. Tenant acknowledges that its obligation to pay Base Rent and all additional Rent hereunder is not only compensation for use of the Leased Premises but also compensation for sums already expended and/or being expended by Landlord with respect to its obligations hereunder and with respect to the Leased Premises, and Tenant acknowledges that Tenant's default in timely payment of all sums due hereunder shall constitute significant financial loss to Landlord. Tenant further acknowledges that any failure to pay any sum due hereunder shall evidence Tenant's inability to meet its debts as they become due. In such event, in addition to Landlord's other remedies hereunder, Landlord shall be entitled to accelerate all Base Rental remaining unpaid hereunder, the entirety of which shall, at the option of Landlord be immediately due and payable. (b) Landlord may enter upon and take possession of the Leased Premises and expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises (without being liable for prosecution or any claim for damages therefor) and relet the Leased Premises on behalf of Tenant and receive, directly receive the rent directly by reason of the reletting. Tenant agrees to pay Landlord on demand any deficiency that may arise by reason of any reletting of the Leased Premises and to reimburse Landlord on demand for any lossesPremises; further, costs, and expenses, including without limitation, reconfiguration expenses, rental concessions and other inducements to new tenants, advertising costs or broker's commissions, which Landlord may incur or suffer as a result of Tenant's default or in reletting the Leased Premises. Tenant further agrees to reimburse Landlord for any expenditures made by it for remodeling or repairs necessary in order to relet the Leased Premises. In the , including, but not limited to, remodeling and repair costs. (2) Landlord may terminate this Lease, in which event Landlord is successful in reletting Tenant shall immediately surrender the Leased Premises at a rental to Landlord. Tenant agrees to pay on demand the amount of all loss and damage which Landlord may suffer for any reason due to the termination of this Lease under this Section, including (without limitation) loss and damage due to the failure of Tenant to maintain and/or repair the Leased Premises as required hereunder and/or due to the inability of Landlord to relet the Leased Premises on satisfactory terms or otherwise. In addition to any other remedy set forth in excess of that agreed to be paid by Tenant pursuant to this Lease, Landlord shall have all rights and remedies available pursuant to North Carolina law. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated by Landlord only by written notice of such termination of Tenant agree that Tenant shall not be entitled, under any circumstances, to such excess rentalgiven in accordance with Section 12.11 below, and Tenant does hereby specifically waive any claim to such excess rental. (c) Landlord may enter upon the Leased Premises (without being liable for prosecution no other act or any claim for damages therefor) and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any losses, costs and expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease. Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's obligations under this subparagraph, whether caused by the negligence omission of Landlord or otherwise. (d) Landlord may pursue any remedy provided at law or in equity. (e) Landlord shall have no duty to relet the Premises, and the failure of Landlord to do so shall not release or affect Tenant's Liability for Rentals and other charges due hereunder or for damages. (f) No re-entry or reletting of the Premises or any filing or service of an unlawful detainer action or similar action shall be construed as an election by Landlord to terminate Tenant's right to possession under a termination of this Lease unless a written notice of such intention is given by Landlord to Tenant. Notwithstanding any such reletting without termination. Landlord may at any time thereafter elect to terminate this Lease and Tenant's right to possession hereunderLease.

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of any event of default set forth in this Leasedefault, Landlord shall have the option to pursue any one or more of the following remedies without any prior notice or demand;: (a) Landlord may terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord, and if Tenant fails to do so, Landlord may, without prejudice to any other remedy which it may have, enter upon and take possession of the Leased OFFICE LEASE AGREEMENT - Page - 24 ---------------------- Premises, and expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises. Landlord shall not be liable for prosecution or any claim for damages as a result of such actionsactions except for damages caused by the gross negligence or wilful misconduct of Landlord or Landlord's Representatives. Tenant agrees to pay on demand the amount of all losses, costs, expenses, deficiencies, and damages, including, without limitation, reasonable reconfiguration expenses, rental concessions and other inducements to new tenants, advertising expenses and broker's commissions, which Landlord may incur or suffer by reason of Tenant's default or the termination of the this Lease under this subparagraph, whether through inability to relet rent the Leased Premises on satisfactory commercially reasonable terms or otherwise. Tenant acknowledges that its obligation to pay Base Rent and all additional Additional Rent hereunder is not only compensation for use of the Leased Premises but also compensation for sums already expended and/or being expended by Landlord with respect to its obligations hereunder and with respect to the Leased Premises, and Tenant acknowledges that Tenant's default in timely payment of all sums due hereunder shall constitute significant financial loss to Landlord. Tenant further acknowledges that any failure to pay any sum due hereunder shall evidence Tenant's inability to meet its debts as they become due. In such event, in addition to Landlord's other remedies hereunder, Landlord shall be entitled to accelerate all Base Rental remaining unpaid hereunder, the entirety of which shall, shall at the option of Landlord be immediately due and payablepayable to the extent allowed by law. (b) Landlord may enter upon and take possession of the Leased Premises and expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises (without being liable for prosecution or any claim for damages therefor) and relet the Leased Premises on behalf of Tenant and receive, directly the rent of the reletting. Tenant agrees to pay Landlord on demand any deficiency that may arise by reason of any reletting of the Leased Premises and to reimburse Landlord on demand for any losses, costs, and expenses, including without limitation, reconfiguration expenses, rental concessions and other inducements to new tenants, advertising costs or broker's commissions, which Landlord may incur or suffer as a result of Tenant's default or in reletting the Leased Premises. Tenant further agrees to reimburse Landlord for any expenditures made by it for remodeling or repairs necessary in order to relet the Leased Premises. In the event Landlord is successful in reletting the Leased Premises at a rental in excess of that agreed to be paid by Tenant pursuant to this Lease, Landlord and Tenant agree that Tenant shall not be entitled, under any circumstances, to such excess rental, and Tenant does hereby specifically waive any claim to such excess rental. (c) Landlord may enter upon the Leased Premises (without being liable for prosecution or any claim for damages therefor) and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any losses, costs and expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease. Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's obligations under this subparagraph, whether caused by the negligence of Landlord or otherwise. (d) Landlord may pursue any remedy provided at law or in equity. (e) Landlord shall have no duty to relet the Premises, and the failure of Landlord to do so shall not release or affect Tenant's Liability for Rentals and other charges due hereunder or for damages. (f) No re-entry or reletting of the Premises or any filing or service of an unlawful detainer action or similar action shall be construed as an election by Landlord to terminate Tenant's right to possession under this Lease unless a written notice of such intention is given by Landlord to Tenant. Notwithstanding any such reletting without termination. Landlord may at any time thereafter elect to terminate this Lease and Tenant's right to possession hereunder.

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of any event Event of default Default set forth in this Lease, Landlord shall have the option to pursue any one or more of the following remedies without any prior notice or demand;: (a) Landlord may terminate Terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord, and if . If Tenant fails to do sosurrender the Premises, Landlord may, without prejudice to any other remedy which it may havehas for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel, or remove Tenant and any other person who may be occupying all or any part of the Premises without being liable for prosecution of any claim for damages. Tenant agrees to pay on demand the amount of all loss and damage which Landlord suffers by reason of the termination of the Lease including inability to relet the Premises on satisfactory terms. (b) Enter upon and take possession of the Premises, by picking or changing locks if necessary, and lock out, expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises. Landlord shall not be liable for prosecution or any claim for damages as a result of such actions. Tenant agrees to pay on demand the amount of all losses, costs, expenses, deficiencies, and damages, including, without limitation, reconfiguration expenses, rental concessions and other inducements to new tenants, advertising expenses and broker's commissions, which Landlord may incur or suffer by reason of Tenant's default or the termination of the Lease under this subparagraph, whether through inability to relet the Leased Premises on satisfactory terms or otherwise. Tenant acknowledges that its obligation to pay Base Rent and all additional Rent hereunder is not only compensation for use of the Leased Premises but also compensation for sums already expended and/or being expended by Landlord with respect to its obligations hereunder and with respect to the Leased Premises, and Tenant acknowledges that Tenant's default in timely payment of all sums due hereunder shall constitute significant financial loss to Landlord. Tenant further acknowledges that any failure to pay any sum due hereunder shall evidence Tenant's inability to meet its debts as they become due. In such event, in addition to Landlord's other remedies hereunder, Landlord shall be entitled to accelerate all Base Rental remaining unpaid hereunder, the entirety of which shall, at the option of Landlord be immediately due and payable. (b) Landlord may enter upon and take possession of the Leased Premises and expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises (without being liable for prosecution or any claim for damages therefor) damages, and relet the Leased Premises on behalf of Tenant and receive, receive directly the rent by reason of the reletting. Tenant agrees to pay Landlord on demand any deficiency that may arise arises by reason of any reletting of the Leased Premises and to reimburse Landlord on demand for any lossesPremises; further, costs, and expenses, including without limitation, reconfiguration expenses, rental concessions and other inducements to new tenants, advertising costs or broker's commissions, which Landlord may incur or suffer as a result of Tenant's default or in reletting the Leased Premises. Tenant further agrees to reimburse Landlord for any expenditures made by it for remodeling or repairs necessary repairing the Premises (except, in order to relet the Leased Premises. In the event Landlord avoid duplication, that which is successful in reletting the Leased Premises at a rental in excess of that agreed to be paid by Tenant pursuant to this Lease, Landlord and Tenant agree that Tenant shall not be entitled, under any circumstances, to recovered directly through such excess rental, and Tenant does hereby specifically waive any claim to such excess rentalreletting). (c) Landlord may enter Enter upon the Leased Premises (Premises, by picking or changing locks if necessary, without being liable for prosecution or of any claim for damages therefor) damages, and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any losses, costs and expenses which Landlord may incur incurs in effecting compliance with Tenant's obligations under this Lease. ; further, Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's obligations under this subparagraph, whether subparagraph caused by the negligence of Landlord or otherwise. (d) Landlord may pursue any remedy provided at law or in equity. (e) Landlord shall have no duty to relet the Premises, All rights and the failure of Landlord to do so shall not release or affect Tenant's Liability for Rentals and other charges due hereunder or for damages. (f) No re-entry or reletting remedies of the Premises or any filing or service Landlord herein enumerated in the event of an unlawful detainer action or similar action a default shall be construed as an election cumulative and nothing herein shall exclude any other right or remedy allowed by Landlord to terminate Tenant's right to possession under this Lease unless a written notice of such intention is given by Landlord to Tenant. Notwithstanding any such reletting without termination. Landlord may at any time thereafter elect to terminate this Lease and Tenant's right to possession hereunderlaw.

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of any event Event of default set forth in this LeaseDefault, Landlord shall have the option is entitled to pursue any one or more of the following remedies set forth herein without any prior notice or demand;. (a) Without declaring the Lease terminated, Landlord may terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord, and if Tenant fails to do so, Landlord may, without prejudice to any other remedy which it may have, enter upon and take possession of the Leased Premises, and expel by picking or remove Tenant and any other person who may be occupying all or any part of the Leased Premises. Landlord shall not be liable for prosecution or any claim for damages as a result of such actions. Tenant agrees to pay on demand the amount of all losses, costs, expenses, deficiencieschanging locks if necessary, and damageslock out, including, without limitation, reconfiguration expenses, rental concessions and other inducements to new tenants, advertising expenses and broker's commissions, which Landlord may incur or suffer by reason of Tenant's default or the termination of the Lease under this subparagraph, whether through inability to relet the Leased Premises on satisfactory terms or otherwise. Tenant acknowledges that its obligation to pay Base Rent and all additional Rent hereunder is not only compensation for use of the Leased Premises but also compensation for sums already expended and/or being expended by Landlord with respect to its obligations hereunder and with respect to the Leased Premises, and Tenant acknowledges that Tenant's default in timely payment of all sums due hereunder shall constitute significant financial loss to Landlord. Tenant further acknowledges that any failure to pay any sum due hereunder shall evidence Tenant's inability to meet its debts as they become due. In such event, in addition to Landlord's other remedies hereunder, Landlord shall be entitled to accelerate all Base Rental remaining unpaid hereunder, the entirety of which shall, at the option of Landlord be immediately due and payable. (b) Landlord may enter upon and take possession of the Leased Premises and expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises (without being liable for prosecution or any claim for damages therefor) damages, and relet the Leased Premises on behalf of Tenant and receive, directly receive the rent directly by reason of the reletting. Tenant agrees to pay Landlord on demand any deficiency that may arise by reason of any reletting of the Leased Premises and to reimburse Landlord on demand for any lossesPremises; further, costs, and expenses, including without limitation, reconfiguration expenses, rental concessions and other inducements to new tenants, advertising costs or broker's commissions, which Landlord may incur or suffer as a result of Tenant's default or in reletting the Leased Premises. Tenant further agrees to reimburse Landlord for any reasonable expenditures made by it for remodeling or repairs necessary in order to recover and relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs and reasonable attorney’s fees. Landlord shall use commercially reasonable efforts to relet the Leased Premises. In the . (b) Landlord may terminate this Lease, remove Tenant’s or any other occupant’s property, in which event Landlord is successful in reletting Tenant shall immediately surrender the Leased Premises at a rental to Landlord, and if Tenant fails to surrender the Leased Premises, Landlord may, without prejudice to any other remedy which it may have for possession or arrearage in excess rent, enter upon and take possession of that agreed the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Tenant agrees to be paid pay on demand the amount of all loss and damage which Landlord may suffer by reason of the failure of Tenant pursuant to maintain and or repair the Leased Premises as required hereunder, and any expenditures made by Landlord in order to recover and relet the Leased Premises, including, but not limited to, leasing commissions, reasonable lease incentives, remodeling and repair costs and reasonable attorneys fees. If Landlord elects to terminate this Lease, in addition to the foregoing, Landlord shall be entitled to recover as damages a sum of money equal to the total of (i) the unpaid Rent and any other sums accrued hereunder at the date of termination (including interest at the past due rate if in arrears), (ii.) any costs incurred by the Landlord in connection with the Tenant agree that Improvements and (iii) any other sum of money or damages owed by Tenant shall not to Landlord as of the date of termination of the Lease. Notwithstanding anything contained in this Lease to the contrary, this Lease may be entitled, under any circumstances, terminated by Landlord only by delivering written notice of such termination to such excess rentalTenant, and Tenant does hereby specifically waive any claim to such excess rentalno other act or omission of Landlord constitutes a termination of this Lease. (c) If Landlord may enter upon exercises its remedy to lock out Tenant in accordance with any provision of this Lease, Landlord shall take commercially reasonable steps to protect the property of Tenant within the Leased Premises, but Tenant agrees that no notice is required to be posted by Landlord on any door to the Leased Premises (without being liable or elsewhere) disclosing the reason for prosecution such action or any claim for damages therefor) and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any losses, costs and expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease. Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's obligations under this subparagraph, whether caused by the negligence of Landlord or otherwiseother information. (d) Landlord may pursue All of Landlord’s rights and remedies set forth herein are cumulative and pursuit of any remedy provided specified in this Lease will not constitute an election to pursue that remedy only, nor preclude Landlord from pursuing any other remedy available at law or in equity, nor constitute a forfeiture or waiver of any rent or other amount due to Landlord as described herein. (e) Landlord shall have no duty to relet the Premises, and the failure of Landlord to do so shall not release or affect Tenant's Liability for Rentals and other charges due hereunder or for damages. (f) No re-entry or reletting of the Premises or any filing or service of an unlawful detainer action or similar action shall be construed as an election by Landlord to terminate Tenant's right to possession under this Lease unless a written notice of such intention is given by Landlord to Tenant. Notwithstanding any such reletting without termination. Landlord may at any time thereafter elect to terminate this Lease and Tenant's right to possession hereunder.

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of any event of default set forth in this Leasedefault, Landlord shall have the option to pursue any one or more of the following remedies without any prior notice or demand;: (a) Landlord may terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord, and if Tenant fails to do so, Landlord may, without prejudice to any other remedy which it may have, enter upon and take possession of the Leased Premises, and expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises. Landlord shall not be liable for prosecution or any claim for damages as a result of such actions. Tenant agrees to pay on demand the amount of all losses, costs, expenses, deficiencies, and damages, including, without limitation, reasonable reconfiguration expenses, rental concessions and other inducements to new tenants, advertising expenses and broker's commissions, which Landlord may incur or suffer by reason of Tenant's default or the termination of the this Lease under this subparagraph, whether through inability to relet rent the Leased Premises on satisfactory terms or otherwise. Tenant acknowledges that its obligation to pay Base Rent and all additional Rent hereunder is not only compensation for use of the Leased Premises but also compensation for sums already expended and/or being expended by Landlord with respect to its obligations hereunder and with respect to the Leased Premises, and Tenant acknowledges that Tenant's default in timely payment of all sums due hereunder shall constitute significant financial loss to Landlord. Tenant further acknowledges that any failure to pay any sum due hereunder shall evidence Tenant's inability to meet its debts as they become due. In such event, in addition to Landlord's other remedies hereunder, Landlord shall be entitled to accelerate all Base Rental remaining unpaid hereunder, the entirety of which shall, shall at the option of Landlord be immediately due and payablepayable to the extent allowed by law. (b) Without termination of this Lease, Landlord may enter upon and take possession of the Leased Premises and expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises (without being liable for prosecution or any claim for damages therefor) and relet the Leased Premises on behalf of Tenant and receive, receive directly the rent of from the reletting. Tenant agrees to pay Landlord on demand any deficiency that may arise by reason of any reletting of the Leased Premises and to reimburse Landlord on demand for any losses, costs, and expenses, including without limitation, reconfiguration expenses*, rental concessions and other inducements to new tenants, advertising costs or broker's commissions, which Landlord may incur or suffer as a result of Tenant's default or in reletting the Leased Premises. Tenant further agrees to reimburse Landlord for any expenditures made by it for remodeling or repairs necessary in order to relet the Leased Premises. In the event Landlord is successful in reletting the Leased Premises at a rental in excess of that agreed to be paid by Tenant pursuant to this Lease, Landlord and Tenant agree that Tenant *Reconfiguration expenses shall not be entitled, under any circumstances, to such excess rental, and Tenant does hereby specifically waive any claim to such excess rentalexceed the unpaid amortized portion of Tenant's original tenant improvement costs. (c) Without terminating this Lease, Landlord may enter upon the Leased Premises (without being liable for prosecution or any claim for damages therefor) and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any losses, costs and expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease. Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's obligations under this subparagraph, whether caused by the negligence of Landlord or otherwise. (d) With respect to Landlord's entry upon the Leased Premises under the provisions of subparagraphs (a), (b), and (c) above, no restriction of, or obligation imposed upon Landlord by, Texas Property Code Section 93.002 shall apply, such Section being superseded hereby. In particular, but without limitation, Landlord will have no duty or responsibility to Tenant to tender a key in the event of a change of locks, and Tenant will have no further right of possession except as otherwise expressly agreed by Landlord in writing. If Landlord changes the locks, Tenant shall be allowed to retrieve its business records from the Leased Premises. (e) Landlord may pursue any remedy provided at law or in equity. (ef) Landlord shall have no duty to relet the Premises, and the failure of Landlord to do so shall not release or affect Tenant's Liability liability for Rentals Rent and other charges due hereunder or for damages. (fg) No re-entry or reletting of the Premises or any filing or service of an unlawful detainer action or similar action shall be construed as an election by Landlord to terminate Tenant's right to possession under this Lease unless a written notice of such intention is given by Landlord to Tenant. Notwithstanding any such reletting without termination. , Landlord may at any time thereafter elect to terminate this Lease and Tenant's right to possession hereunder. (h) To the extent allowed by law, Tenant hereby waives the protections and rights provided by Texas Property Code Section 93.002.

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Landlord shall have the option to pursue any one or more of the following remedies without any prior notice or demand;: (a) Landlord may terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord, and if Tenant fails to do so, Landlord may, without prejudice to any other remedy which it may have, enter upon and take possession of the Leased leased Premises, and expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises. Landlord shall not be liable for prosecution or any claim for damages as a result of such actions. Tenant agrees to pay on demand the amount of all losses, costs, expenses, deficiencies, and damages, including, without limitation, reconfiguration expenses, rental concessions and other inducements to new tenants, advertising expenses and broker's commissions, which Landlord may incur or suffer by reason of Tenant's default or the termination of the Lease lease under this subparagraph, whether through inability to relet the Leased Premises on satisfactory terms or otherwise. Tenant acknowledges that its obligation to pay Base base Rent and all additional Rent hereunder is not only compensation for use of the Leased Premises but also compensation for sums already expended and/or being expended by Landlord with respect to its obligations hereunder and with respect to the Leased Premises, and Tenant acknowledges that Tenant's default in timely payment of all sums due hereunder shall constitute significant financial loss to Landlord. Tenant further acknowledges that any failure to pay any sum due hereunder shall evidence Tenant's inability to meet its debts as they become due. In such event, in addition to Landlord's other remedies hereunder, Landlord shall be entitled to accelerate all Base Rental remaining unpaid hereunder, the entirety of which shall, at the option of Landlord Landlord, be immediately due and payable. (b) Landlord may enter upon and take possession of the Leased Premises and expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises (without being liable for prosecution or any claim for damages therefor) without terminating this lease and relet the Leased Premises on behalf of Tenant and receive, receive directly the rent of the reletting. Tenant agrees to pay Landlord on demand any deficiency that may arise by reason of any reletting of the Leased Premises and to reimburse Landlord on demand for any losses, costs, and expenses, including without limitation, reconfiguration expenses, rental concessions and other inducements to new tenants, advertising costs or broker's commissions, which Landlord may incur or suffer as a result of Tenant's default or in reletting the Leased Premises. , Tenant further agrees to reimburse Landlord for any expenditures made by it for remodeling or repairs necessary in order to relet the Leased Premises. In the event Landlord is successful in reletting the Leased Premises at a rental in excess of that agreed to be paid by Tenant pursuant to this Lease, Landlord and Tenant agree that Tenant shall not be entitled, under any circumstances, to such excess rental, and Tenant does hereby specifically waive any claim to or such excess rental. (c) Landlord may enter upon the Leased Premises (without being liable for prosecution or any claim for damages therefor) and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any losses, costs and expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease. Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting a compliance with Tenant's obligations under this subparagraph, subparagraph whether caused by the negligence of Landlord or otherwise. (d) Landlord may pursue any remedy provided at law or in equity. (e) Landlord shall have no duty to relet the Premises, and the failure of Landlord to do so shall not release or affect Tenant's Liability liability for Rentals Rental and other charges due hereunder or for damages. (f) No re-entry or reletting relenting of the Premises or any filing or service of an unlawful detainer action or similar action shall be construed as an election by Landlord to terminate Tenant's right to possession under this Lease unless a written notice of such intention is given by Landlord to Tenant. Notwithstanding any such reletting without termination. , Landlord may at any time thereafter elect to terminate this Lease and Tenant's right to possession hereunder.

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Landlord shall have the option to pursue any one or more of the following remedies set forth in this Section 11.2 without any prior additional notice or demand;: (a1) Without declaring the Lease terminated, Landlord may terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord, and if Tenant fails to do so, Landlord may, without prejudice to any other remedy which it may have, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises. Landlord shall not be liable for prosecution or any claim for damages as a result of such actions. Tenant agrees to pay on demand the amount of all losses, costs, expenses, deficiencies, and damages, including, without limitation, reconfiguration expenses, rental concessions and other inducements to new tenants, advertising expenses and broker's commissions, which Landlord may incur or suffer by reason of Tenant's default or the termination of the Lease under this subparagraph, whether through inability to relet the Leased Premises on satisfactory terms or otherwise. Tenant acknowledges that its obligation to pay Base Rent and all additional Rent hereunder is not only compensation for use of the Leased Premises but also compensation for sums already expended and/or being expended by Landlord with respect to its obligations hereunder and with respect to the Leased Premises, and Tenant acknowledges that Tenant's default in timely payment of all sums due hereunder shall constitute significant financial loss to Landlord. Tenant further acknowledges that any failure to pay any sum due hereunder shall evidence Tenant's inability to meet its debts as they become due. In such event, in addition to Landlord's other remedies hereunder, Landlord shall be entitled to accelerate all Base Rental remaining unpaid hereunder, the entirety of which shall, at the option of Landlord be immediately due and payable. (b) Landlord may enter upon and take possession of the Leased Premises and expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises (without being liable for prosecution or any claim for damages therefor) damages, and relet the Leased Premises on behalf of Tenant and receive, directly receive the rent directly by reason of the reletting. Tenant agrees to pay Landlord on demand all amounts then due under this Lease, any deficiency that may arise by reason of any reletting of the Leased Premises and to reimburse Landlord on demand for the unpaid balance of any lossesamortized construction cost of Tenant improvements; further, costs, and expenses, including without limitation, reconfiguration expenses, rental concessions and other inducements to new tenants, advertising costs or broker's commissions, which Landlord may incur or suffer as a result of Tenant's default or in reletting the Leased Premises. Tenant further agrees to reimburse Landlord for any expenditures reasonable expenditure made by it for remodeling or repairs necessary in order to relet the Leased Premises. In the event Landlord is successful in reletting the Leased Premises at a , including, but not limited to, remodeling and repair costs, brokerage commissions free rent or rental in excess of that agreed to be paid by Tenant pursuant to this Lease, Landlord concessions and Tenant agree that Tenant shall not be entitled, under any circumstances, to such excess rental, and Tenant does hereby specifically waive any claim to such excess rentalattorneys’ fees. (c2) Without declaring the Lease terminated, Landlord may enter upon the Leased Premises (Premises, by picking or changing locks if necessary, without being liable for prosecution or any claim for damages therefor) damages, and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any losses, costs and reasonable expenses which Landlord may incur in effecting compliance with Tenant's ’s obligations under this Lease. ; further, Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's ’s obligations under this subparagraph, whether Lease caused by the negligence of Landlord or otherwise. (d3) Landlord may pursue terminate this Lease, in which event Tenant shall immediately surrender the Premises to Landlord, and if Tenant fails to surrender the Premises, Landlord may, without prejudice to any other remedy provided at law which it may have for possession or arrearages in equity. rent, enter upon and take possession of the Premises, by picking or changing locks if necessary, and lock out, expel or remove Tenant and any other person who may be occupying all or any part of the Premises without being liable for any claim for damages. Tenant agrees to pay on demand the amount of all loss and damage which Landlord may suffer for any reason due to the termination of this Lease under this Section 11.2, including (ewithout limitation) past due amounts, any remaining unpaid balance of amortized construction costs, loss and damage due to the failure of Tenant to maintain and/or repair the Premises as required hereunder and/or due to the inability of Landlord shall have no duty to relet the Premises on reasonably satisfactory terms or otherwise. Landlord’s exercise, following a default by Tenant under this Lease, of any right granted hereunder or under any applicable law to lock out or change the locks securing the Premises shall not impose upon Landlord any duty to notify Tenant of the name and address or telephone number of the individual or company from whom a new key may be obtained, nor shall Landlord have any duty to provide Tenant with a new key or any other means of access to the Premises. To the maximum extent permitted by law, Landlord and Tenant agree that the parties hereto intend that all rights and remedies of Landlord under this Lease shall supersede any conflicting provisions of the General Statutes of North Carolina, and the failure any amendments, modifications, recodification or other changes thereto. Notwithstanding any other remedy set forth in this Lease, if Landlord has made rent concessions of Landlord any type or character, or waived any Base Rent, and Tenant fails to do so shall not release or affect Tenant's Liability for Rentals and other charges due hereunder or for damages. (f) No re-entry or reletting take possession of the Premises on the Commencement Date or otherwise defaults at any filing time during the term of this Lease beyond any applicable cure periods, the rent concessions, including any waived Base Rent, shall be canceled and the amount of the Base Rent or service other rent concessions shall be due and payable immediately as if no rent concessions or waiver of an unlawful detainer action any Base Rent had ever been granted. A rent concession or similar action waiver of the Base Rent shall not relieve Tenant of any obligation to pay any other charge due and payable under this Lease. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated by Landlord only by written notice of such termination to Tenant given in accordance with Section 13.7 below, and no other act or omission of Landlord shall be construed as an election by Landlord to terminate Tenant's right to possession under a termination of this Lease unless a written notice of such intention is given by Landlord to Tenant. Notwithstanding any such reletting without termination. Landlord may at any time thereafter elect to terminate this Lease and Tenant's right to possession hereunderLease.

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Landlord shall have the option to pursue any one or more of the following remedies set forth herein without any prior notice or demand;. (a1) Landlord may enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages, to relet the Leased Premises on behalf of Tenant and receive the rent directly by reason of the reletting. Tenant agrees to pay Landlord on demand any deficiency that may arise by reason of any reletting at the Leased Premises; further, Tenant agrees to reimburse Landlord for any expenditures made by it in order to relet the Leased Premises, including, but not limited to, remodeling and repair costs and any broker s commissions or fees. (2) Landlord may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant’s obligations under this Lease; further, Tenant agrees that Landlord shall not be liable for any damages resulting to Tenant as a result of Landlord’s efforts to effect compliance with Tenant’s obligation under this Lease, whether or not such non-compliance was caused by the negligence of Landlord or otherwise. (3) Landlord may terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord, and if Tenant fails to do sosurrender the Leased Premises, Landlord may, without prejudice to any other remedy which it may havehave for possession or arrearages in rent, enter upon and take possession of the Leased Premises, and expel by picking or remove Tenant and any other person who may be occupying all or any part of the Leased Premises. Landlord shall not be liable for prosecution or any claim for damages as a result of such actions. Tenant agrees to pay on demand the amount of all losses, costs, expenses, deficiencieschanging locks if necessary, and damageslock out, including, without limitation, reconfiguration expenses, rental concessions and other inducements to new tenants, advertising expenses and broker's commissions, which Landlord may incur or suffer by reason of Tenant's default or the termination of the Lease under this subparagraph, whether through inability to relet the Leased Premises on satisfactory terms or otherwise. Tenant acknowledges that its obligation to pay Base Rent and all additional Rent hereunder is not only compensation for use of the Leased Premises but also compensation for sums already expended and/or being expended by Landlord with respect to its obligations hereunder and with respect to the Leased Premises, and Tenant acknowledges that Tenant's default in timely payment of all sums due hereunder shall constitute significant financial loss to Landlord. Tenant further acknowledges that any failure to pay any sum due hereunder shall evidence Tenant's inability to meet its debts as they become due. In such event, in addition to Landlord's other remedies hereunder, Landlord shall be entitled to accelerate all Base Rental remaining unpaid hereunder, the entirety of which shall, at the option of Landlord be immediately due and payable. (b) Landlord may enter upon and take possession of the Leased Premises and expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises (without being liable for prosecution or any claim for damages therefor) damages. Tenant agrees to pay on demand the amount of all loss and damage which Landlord may suffer by reason of the termination of this Lease under this Section, whether through inability to relet the Leased Premises on behalf of Tenant and receivesatisfactory terms or otherwise. Notwithstanding any other remedy set forth in this Lease, directly in the event Landlord has made rent of the reletting. Tenant agrees to pay Landlord on demand any deficiency that may arise by reason concessions of any reletting type or character, or waived any base rent, and Tenant fails to take possession of the Leased Premises and to reimburse Landlord on demand for the commencement or completion date or otherwise defaults at any losses, costs, and expenses, including without limitation, reconfiguration expenses, rental concessions and other inducements to new tenants, advertising costs or broker's commissions, which Landlord may incur or suffer as a result time during the term of Tenant's default or in reletting the Leased Premises. Tenant further agrees to reimburse Landlord for any expenditures made by it for remodeling or repairs necessary in order to relet the Leased Premises. In the event Landlord is successful in reletting the Leased Premises at a rental in excess of that agreed to be paid by Tenant pursuant to this Lease, the rent concessions, including any waived base rent, shall be canceled and the amount of the base rent waived or other rent concessions shall be due and payable immediately as if no rent concessions or waiver of any base rent had ever been granted. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated by Landlord and Tenant agree that Tenant shall not be entitled, under any circumstances, only by mailing or delivering written notice of such termination to such excess rentalTenant, and Tenant does hereby specifically waive any claim to such excess rental. (c) Landlord may enter upon the Leased Premises (without being liable for prosecution no other act or any claim for damages therefor) and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any losses, costs and expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease. Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's obligations under this subparagraph, whether caused by the negligence omission of Landlord or otherwise. (d) Landlord may pursue any remedy provided at law or in equity. (e) Landlord shall have no duty to relet the Premises, and the failure of Landlord to do so shall not release or affect Tenant's Liability for Rentals and other charges due hereunder or for damages. (f) No re-entry or reletting of the Premises or any filing or service of an unlawful detainer action or similar action shall be construed as an election by Landlord to terminate Tenant's right to possession under a termination of this Lease unless a written notice of such intention is given by Landlord to Tenant. Notwithstanding any such reletting without termination. Landlord may at any time thereafter elect to terminate this Lease and Tenant's right to possession hereunderLease.