THE LOSS OF PROFITS OR GOODWILL, LEASEHOLD
IMPROVEMENTS OR SEVERANCE DAMAGES.
NOTHING CONTAINED HEREIN, HOWEVER, SHALL
PREVENT TENANT FROM PURSUING A SEPARATE CLAIM AGAINST THE CONDEMNING AUTHORITY
FOR THE VALUE OF FURNISHINGS, EQUIPMENT AND TRADE FIXTURES INSTALLED IN THE
PREMISES AT TENANT'S EXPENSE AND FOR RELOCATION EXPENSES, PROVIDED THAT SUCH
CLAIM DOES NOT IN ANY WAY DIMINISH THE AWARD OR COMPENSATION PAYABLE TO OR
RECOVERABLE BY LANDLORD IN CONNECTION WITH SUCH TAKING OR CONDEMNATION.
DEFAULT BY TENANT
IN ADDITION TO THOSE EVENTS OR OCCURRENCES DESCRIBED IN THIS LEASE AS EVENTS OF
DEFAULT, THE OCCURRENCE OF ANY OF THE FOLLOWING SHALL CONSTITUTE AN "EVENT OF
DEFAULT" BY TENANT UNDER THE LEASE:
IF TENANT SHALL FAIL TO PAY ANY INSTALLMENT OF ANNUAL BASE RENT OR
ADDITIONAL RENT OR ANY OTHER SUMS REQUIRED BY THIS LEASE WHEN DUE AND SUCH
FAILURE SHALL REMAIN UNCURED FOR A PERIOD OF FIVE (5) BUSINESS DAYS AFTER
LANDLORD NOTIFIES TENANT IN WRITING OF SUCH FAILURE; PROVIDED, HOWEVER, THAT
LANDLORD SHALL NOT BE REQUIRED TO GIVE TENANT MORE THAN TWO (2) SUCH WRITTEN
NOTICES IN ANY TWELVE (12) MONTH PERIOD (I.E., UPON THE THIRD FAILURE TO PAY
WHEN DUE IN ANY 12-MONTH PERIOD, AN EVENT OF DEFAULT SHALL OCCUR ON THE DATE DUE
AND UNPAID).
IF TENANT SHALL VIOLATE OR FAIL TO PERFORM ANY OTHER TERM, CONDITION,
COVENANT OR AGREEMENT TO BE PERFORMED OR OBSERVED BY TENANT UNDER THIS LEASE AND
SUCH VIOLATION OR FAILURE SHALL CONTINUE UNCURED FOR A PERIOD OF THIRTY (30)
DAYS AFTER LANDLORD NOTIFIES TENANT, IN WRITING, OF SUCH VIOLATION OR FAILURE.
IF SUCH VIOLATION OR FAILURE IS NOT CAPABLE OF BEING CURED WITHIN SUCH THIRTY
(30) DAY PERIOD, TENANT SHALL HAVE SUCH ADDITIONAL TIME, UP TO A MAXIMUM OF
NINETY (90) DAYS, TO CURE THE SAME PROVIDED TENANT COMMENCES CURATIVE ACTION
WITHIN SUCH THIRTY (30) DAY PERIOD AND PROCEEDS DILIGENTLY AND IN GOOD FAITH
THEREAFTER TO CURE SUCH VIOLATION OR FAILURE UNTIL COMPLETION.
IF THERE SHALL BE A MONETARY OR MATERIAL NON-MONETARY EVENT OF DEFAULT
UNDER THE WILSON SUBLEASE AS DEFINED IN THE WILSON SUBLEASE OR A DEFAULT BEYOND
ANY APPLICABLE NOTICE AND CURE PERIOD UNDER THE WILSON CONSENT.
IF AN EVENT OF BANKRUPTCY, AS DEFINED IN SECTION 20.1 OF THIS LEASE, SHALL
OCCUR.
IF THERE SHALL BE AN EVENT OF DEFAULT (EVEN IF PRIOR TO THE TENANT OCCUPANCY
DATE), THEN THE PROVISIONS OF THIS SECTION SHALL APPLY.
LANDLORD SHALL HAVE THE
RIGHT, AT ITS SOLE OPTION, TO TERMINATE THIS LEASE.
IN ADDITION, WITH OR
WITHOUT TERMINATING THIS LEASE, LANDLORD MAY REENTER, TERMINATE TENANT'S RIGHT
OF POSSESSION AND TAKE POSSESSION OF THE PREMISES.
THE PROVISIONS OF THIS
ARTICLE SHALL OPERATE AS A NOTICE TO QUIT, AND TENANT HEREBY WAIVES ANY OTHER
NOTICE TO QUIT OR NOTICE OF LANDLORD'S INTENTION TO REENTER THE PREMISES OR
TERMINATE THIS LEASE.
LANDLORD MAY PROCEED TO RECOVER POSSESSION OF THE
PREMISES UNDER APPLICABLE LAWS.
IF LANDLORD ELECTS TO TERMINATE THIS LEASE
AND/OR ELECTS TO TERMINATE TENANT'S RIGHT OF POSSESSION, EVERYTHING CONTAINED IN
THIS LEASE ON THE PART OF