which it was due for
non-scheduled payment, shall bear interest from the date when due, as to
scheduled payments, or the 31st day after it was due as to non-scheduled
payments. The interest ("Interest") charged shall be computed at the rate of 10%
per annum but shall not exceed the maximum rate allowed by law. Interest is
payable in addition to the potential late charge provided for in Paragraph 13.4.
13.6
Breach by Lessor.
(a) Notice of Breach. Lessor shall not be deemed in breach of this Lease unless
Lessor fails within a reasonable time to perform an obligation required to be
performed by Lessor. For purposes of this Paragraph, a reasonable time shall in
no event be less than 30 days after receipt by Lessor,
and-any-L-coder-whew-nameandaddress-shall-have-been-furnished-Lessee-In-writing-for-such-purposerof
written notice specifying wherein such obligation of Lessor has not been
performed; provided, however, that if the nature of Lessor's obligation is such
that more than 30 days are reasonably required for its performance, then Lessor
shelf not be In breach if performance Is commenced within such 30 day period and
thereafter diligently pursued to completion.,
Page 23 of 33
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INITIALS
INITIALS
©1998 - AIR COMMERCIAL REAL ESTATE ASSOCIATION
FORM MTG-4-5/50E
(b)
Performanse-by-t.esseean-Behalf-of-Lessor - In-the-event-that-neither-Lasser-noN-ender-sores-said-breach-within-30-days
after-reseipt-ofaaid-notise-or-if-having-commenced-saidaure-Fhey-do-not-diligently-porous-it-toaompletionrthen-L-cosec-may
elect-to-sure-said-breash at-Lessee's
cxpenseand-effset-frem-Rent-theastaal-and-reasonable-cost-te-pedoma-sushaurerprovided-howeverrt+tateushaffset-shall-net-
exseedan
amount-equal-to-the-greater-plane-month's-Base-Rent-oFthe-Secrdly-Deposit,
rcoewing-Lessee's-right-to-reimbursement-from-Lesser-forany-such
expense-in-excess-efeush-of#set--esseeaha
II-document4heaostafeaid-sureand-supply-said-documentation-to-Lessor,
14.
Condemnation. If the Premises or any portion thereof are taken under
the power of eminent domain or sold under the threat of the exercise of said
power (collectively "Condemnation"), this Lease shall terminate as to the part
taken as of the date the condemning authority takes title or possession,
whichever first occurs. If more than 10% of the floor area of the Unit, or more
than 25% of Lessee's Reserved Parking Spaces, is taken by Condemnation, Lessee
may, at Lessee's option, to be exercised in writing within 10 days after Lessor
shall have given Lessee written notice of such taking (or in the absence of such
notice, within 10 days after the condemning authority shall have taken
possession) terminate this Lease as of the date the condemning authority takes
such possession. If Lessee does not terminate this Lease in accordance with the
foregoing, this Lease shall remain in full force and effect as to the portion of
the Premises remaining, except that the Base Rent shall be reduced in proportion
to the reduction in utility of the Premises caused by such Condemnation.
Condemnation awards and/or payments shall be the property of Lessor, whether
such award shall be made as compensation for diminution in value of the
leasehold, the value of the part taken, or for severance damages; provided,
however, that Lessee shall be entitled to any compensation for Lessee's
relocation expenses, loss of business goodwill and/or Trade Fixtures, without
regard to whether or not this Lease is terminated pursuant to the provisions of
this Paragraph. All Alterations and Utility Installations made to the Premises
by Lessee, for purposes of Condemnation only, shall be considered the property
of the Lessee and Lessee shall be entitled to any and