A PETITION FILED
AGAINST THE TENANT IN ANY REORGANIZATION OR INSOLVENCY PROCEEDING, OTHER THAN A
PROCEEDING COMMENCED PURSUANT TO THE FEDERAL BANKRUPTCY CODE, OR IF ANY ORDER,
JUDGMENT OR DECREE SHALL BE ENTERED BY ANY COURT OF COMPETENT JURISDICTION,
EXCEPT FOR A BANKRUPTCY COURT OR A FEDERAL COURT SITTING AS A BANKRUPTCY COURT,
ADJUDICATING THE TENANT INSOLVENT OR APPROVING A PETITION SEEKING REORGANIZATION
OF THE TENANT OR APPOINTING A RECEIVER, TRUSTEE OR LIQUIDATOR OF THE TENANT OR
OF ALL OR A SUBSTANTIAL PART OF ITS ASSETS; OR (F) MAKE A TRANSFER IN FRAUD OF
CREDITORS, THEN IN ANY SUCH EVENTS, IN ADDITION TO OTHER RIGHTS PROVIDED FOR
HEREIN, LANDLORD MAY GIVE TO THE TENANT A NOTICE OF INTENTION TO END THE TERM OF
THIS LEASE, SPECIFYING A DAY NOT EARLIER THAN TEN (10) DAYS THEREAFTER, AND UPON
THE GIVING OF SUCH NOTICE THE TERM OF THIS LEASE AND ALL RIGHTS, TITLE AND
INTEREST OF THE TENANT HEREUNDER SHALL EXPIRE AS FULLY AND COMPLETELY ON THE DAY
SO SPECIFIED AS IF THAT DAY WERE THE DATE HEREIN SPECIFICALLY FIXED FOR THE
EXPIRATION OF THE TERM;
(IV)
INTENTIONALLY OMITTED;
(V)
TENANT'S INTEREST UNDER THIS LEASE OR IN THE PREMISES IS
TRANSFERRED OR PASSES TO, OR DEVOLVES UPON, ANY OTHER PERSON OR ENTITY IN
VIOLATION OF SECTION 17 OF THIS LEASE;
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(VI)
TENANT SHALL FAIL TO DISCHARGE ANY LIEN PLACED UPON THE PREMISES
OR UPON TENANT'S INTEREST IN THE PREMISES BY ANY CREDITOR AND SUCH LIEN IS NOT
DISCHARGED OR DISPOSED OF IN ACCORDANCE WITH THIS LEASE; OR
(VII)
EXCEPT IN SUCH CIRCUMSTANCES THAT WOULD CONSTITUTE A PERMITTED
TRANSFER PURSUANT TO THE PROVISIONS OF SECTION 17(N) HEREOF, THE COMMENCEMENT OF
STEPS OR PROCEEDINGS TOWARD THE DISSOLUTION, WINDING UP, OR OTHER TERMINATION OF
THE EXISTENCE OF THE TENANT OR OF ANY GUARANTOR OF THE TENANT'S OBLIGATIONS, OR
TOWARD THE LIQUIDATION OF EITHER OF THEIR RESPECTIVE ASSETS.
(B)
UPON THE OCCURRENCE OF ANY OF SUCH EVENT OF DEFAULT DESCRIBED
HEREIN, LANDLORD SHALL HAVE THE OPTION TO PURSUE ANY OR ALL OF THE FOLLOWING
REMEDIES:
(I)
IF TENANT FAILS TO MAKE ANY PAYMENT OR PERFORM ANY OTHER ACT ON
ITS PART TO BE MADE OR PERFORMED UNDER THIS LEASE, THE LANDLORD MAY, BUT SHALL
NOT BE OBLIGATED TO, AFTER REASONABLE NOTICE TO TENANT AND WITHOUT WAIVING OR
RELEASING THE TENANT FROM ANY OBLIGATION UNDER THIS LEASE, MAKE SUCH PAYMENT OR
PERFORM SUCH OTHER ACT TO THE EXTENT THE LANDLORD MAY DEEM DESIRABLE, AND IN
CONNECTION THEREWITH TO PAY EXPENSES AND EMPLOY COUNSEL.
THE TENANT AGREES TO
PAY REASONABLE ATTORNEY'S FEES IF LEGAL ACTION IS REQUIRED TO ENFORCE
PERFORMANCE BY TENANT OF ANY CONDITION, OBLIGATION OR REQUIREMENT HEREUNDER.
ALL SUMS SO PAID BY THE LANDLORD AND ALL EXPENSES IN CONNECTION THEREWITH,
TOGETHER WITH INTEREST THEREON AT THE RATE OF TWELVE PERCENT (12%) PER ANNUM
FROM THE DATE OF PAYMENT, SHALL BE DEEMED ADDITIONAL RENT HEREUNDER AND PAYABLE
AT THE TIME OF ANY INSTALLMENT OF RENT THEREAFTER BECOMING DUE, AND THE LANDLORD
SHALL HAVE THE SAME