THE EVENT TENANT FAILS TO MAKE
THREE OR MORE PAYMENTS WHEN DUE DURING ANY SINGLE CALENDAR YEAR, SUCH THIRD OR
ANY SUBSEQUENT PAYMENTS NOT PAID WHEN DUE DURING SUCH YEAR SHALL BEAR INTEREST
FROM THE DUE DATE THEREOF UNTIL PAYMENT IS RECEIVED BY LANDLORD WITHOUT REGARD
TO WHETHER SUCH PAYMENT IS MADE WITHIN FIVE (5) DAYS OF SUCH DUE DATE.
10.06
LITIGATION; ATTORNEYS' FEES.
WITHIN TEN (10) DAYS AFTER TENANT HAS
KNOWLEDGE OF ANY MATERIAL LITIGATION OR OTHER PROCEEDING THAT MAY BE INSTITUTED
AGAINST TENANT, IN RELATION TO THE LEASED PROPERTY OR TO SECURE OR RECOVER
POSSESSION THEREOF, OR THAT MAY AFFECT THE TITLE TO OR THE INTEREST OF LANDLORD
IN THE LEASED PROPERTY, TENANT SHALL GIVE WRITTEN NOTICE THEREOF TO LANDLORD.
WITHIN THIRTY (30) BUSINESS DAYS AFTER LANDLORD'S PRESENTATION OF AN INVOICE,
TENANT SHALL PAY ALL REASONABLE COSTS AND EXPENSES INCURRED BY LANDLORD IN
ENFORCING OR PRESENTING LANDLORD'S RIGHTS UNDER THIS LEASE AGREEMENT, WHETHER OR
NOT AN EVENT OF DEFAULT HAS ACTUALLY OCCURRED OR HAS BEEN DECLARED AND
THEREAFTER CURED, INCLUDING WITHOUT LIMITATION, (I) THE REASONABLE FEES,
EXPENSES, AND COSTS OF ANY LITIGATION, RECEIVERSHIP, ADMINISTRATIVE, BANKRUPTCY,
INSOLVENCY OR OTHER SIMILAR PROCEEDING; (II) REASONABLE ATTORNEY, PARALEGAL,
CONSULTING AND WITNESS FEES AND DISBURSEMENTS INCURRED BY LANDLORD WHETHER OR
NOT ANY SUIT OR PROCEEDING HAS COMMENCED; AND (III) THE REASONABLE EXPENSES,
INCLUDING WITHOUT LIMITATION, LODGING, MEALS, AND TRANSPORTATION, OF LANDLORD
AND ITS EMPLOYEES, AGENTS, ATTORNEYS, AND WITNESSES IN PREPARING FOR LITIGATION,
ADMINISTRATIVE, BANKRUPTCY, INSOLVENCY OR OTHER SIMILAR PROCEEDINGS AND
ATTENDANCE AT HEARINGS, DEPOSITIONS, AND TRIALS IN CONNECTION THEREWITH.
ALL
SUCH COSTS, CHARGES AND FEES AS INCURRED SHALL BE DEEMED TO BE ADDITIONAL RENT
UNDER THIS LEASE AGREEMENT.
10.07
REMEDIES CUMULATIVE.
THE RESPECTIVE REMEDIES OF LANDLORD AND TENANT
UNDER THIS LEASE AGREEMENT ARE CUMULATIVE TO AND NOT IN LIEU OF ANY OTHER
REMEDIES AVAILABLE TO LANDLORD OR TENANT, AT LAW OR IN EQUITY.
THE USE OF ANY
ONE REMEDY SHALL NOT BE TAKEN TO EXCLUDE OR WAIVE THE RIGHT TO USE ANY OTHER
REMEDY.
10.08
ESCROWS AND APPLICATION OF PAYMENTS.
AS SECURITY FOR THE PERFORMANCE
OF ITS OBLIGATIONS HEREUNDER, TENANT HEREBY ASSIGNS TO LANDLORD ALL ITS RIGHT,
TITLE AND INTEREST IN AND TO ALL MONIES ESCROWED WITH LANDLORD UNDER THIS LEASE
AGREEMENT AND ALL DEPOSITS WITH UTILITY COMPANIES, TAXING AUTHORITIES, AND
INSURANCE COMPANIES; PROVIDED, HOWEVER, THAT LANDLORD SHALL NOT EXERCISE ITS
RIGHTS HEREUNDER UNLESS AN EVENT OF DEFAULT HAS OCCURRED AND IS CONTINUING.
ANY
PAYMENTS RECEIVED BY LANDLORD UNDER ANY PROVISIONS OF THIS LEASE AGREEMENT
DURING THE EXISTENCE, OR CONTINUANCE OF AN EVENT OF DEFAULT SHALL BE APPLIED TO
TENANT'S OBLIGATIONS IN THE ORDER THAT LANDLORD MAY DETERMINE.
10.09
POWER OF ATTORNEY.
TENANT HEREBY IRREVOCABLY AND UNCONDITIONALLY
APPOINTS LANDLORD, OR LANDLORD'S AUTHORIZED OFFICER, AGENT, EMPLOYEE OR
DESIGNEE, AS TENANT'S TRUE AND LAWFUL ATTORNEY-IN-FACT, TO ACT, WHILE AN EVENT
OF DEFAULT IS CONTINUING, FOR TENANT IN TENANT'S
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NAME, PLACE, AND STEAD, AND FOR TENANT'S AND LANDLORD'S USE AND BENEFIT, TO
EXECUTE, DELIVER AND FILE ALL APPLICATIONS AND ANY AND ALL OTHER NECESSARY