COMPLY WITH ANY TERM, PROVISION OR COVENANT OF THIS LEASE,
IF THE FAILURE IS NOT CURED WITHIN 20 DAYS AFTER WRITTEN NOTICE TO TENANT.
HOWEVER, IF TENANT'S FAILURE TO COMPLY CANNOT REASONABLY BE CURED WITHIN 20
DAYS, TENANT SHALL BE ALLOWED ADDITIONAL TIME AS IS REASONABLY NECESSARY TO CURE
THE FAILURE SO LONG AS:
(1) TENANT COMMENCES TO CURE THE FAILURE WITHIN THE 20
DAY PERIOD FOLLOWING LANDLORD'S INITIAL WRITTEN NOTICE, AND (2) TENANT
DILIGENTLY PURSUES A COURSE OF ACTION THAT WILL CURE THE FAILURE AND BRING
TENANT BACK INTO COMPLIANCE WITH THIS LEASE.
HOWEVER, IF TENANT'S FAILURE TO
COMPLY CREATES A HAZARDOUS CONDITION, THE FAILURE MUST BE CURED IMMEDIATELY UPON
NOTICE TO TENANT.
IN ADDITION, IF LANDLORD PROVIDES TENANT WITH NOTICE OF
TENANT'S FAILURE TO COMPLY WITH THE SAME SPECIFIC TERM, PROVISION OR COVENANT OF
THIS LEASE ON MORE THAN TWO (2) OCCASIONS DURING ANY 12 MONTH PERIOD, TENANT'S
SUBSEQUENT VIOLATION OF THE SAME TERM, PROVISION OR COVENANT SHALL, AT
LANDLORD'S OPTION, BE DEEMED AN INCURABLE EVENT OF DEFAULT BY TENANT.
D.
TENANT OR ANY GUARANTOR BECOMES INSOLVENT, FILES A PETITION FOR
PROTECTION UNDER THE U.S. BANKRUPTCY CODE (OR SIMILAR LAW) OR A PETITION IS
FILED AGAINST TENANT OR ANY GUARANTOR UNDER SUCH LAWS AND IS NOT DISMISSED
WITHIN 45 DAYS AFTER THE DATE OF SUCH FILING, MAKES A TRANSFER IN FRAUD OF
CREDITORS OR MAKES AN ASSIGNMENT FOR THE BENEFIT OF CREDITORS, OR ADMITS IN
WRITING ITS INABILITY TO PAY ITS DEBTS WHEN DUE.
E.
THE LEASEHOLD ESTATE IS TAKEN BY PROCESS OR OPERATION OF LAW.
F.
TENANT IS IN DEFAULT BEYOND ANY NOTICE AND CURE PERIOD UNDER ANY
OTHER LEASE OR AGREEMENT WITH LANDLORD, INCLUDING ANY LEASE OR AGREEMENT FOR
PARKING.
19.
Remedies.
A.
Landlord's Remedies.
Upon any default, Landlord shall have the
right without notice or demand (except as provided in Article 18) to pursue any
of its rights and remedies at Law or in equity, including any one or more of the
following remedies:
(1)
TERMINATE THIS LEASE;
(2)
RE-ENTER THE PREMISES, CHANGE LOCKS, ALTER SECURITY DEVICES AND
LOCK OUT TENANT OR TERMINATE TENANT'S RIGHT OF POSSESSION OF THE PREMISES
WITHOUT TERMINATING THIS LEASE;
(3)
REMOVE AND STORE, AT TENANT'S EXPENSE, ALL THE PROPERTY IN THE
PREMISES USING SUCH LAWFUL FORCE AS MAY BE NECESSARY;
(4)
CURE SUCH EVENT OF DEFAULT FOR TENANT AT TENANT'S EXPENSE (PLUS A
15% ADMINISTRATIVE FEE);
(5)
WITHHOLD OR SUSPEND PAYMENT OF SUMS LANDLORD WOULD OTHERWISE BE
OBLIGATED TO PAY TO TENANT UNDER THIS LEASE OR ANY OTHER AGREEMENT;
(6)
REQUIRE ALL FUTURE PAYMENTS TO BE MADE BY CASHIER'S CHECK, MONEY
ORDER OR WIRE TRANSFER AFTER THE FIRST TIME ANY CHECK IS RETURNED FOR
INSUFFICIENT FUNDS, OR THE SECOND TIME ANY SUM DUE HEREUNDER IS MORE THAN FIVE
(5) DAYS LATE;
(7)
APPLY ANY SECURITY DEPOSIT AS PERMITTED UNDER THIS LEASE; AND/OR
(8)
RECOVER SUCH OTHER AMOUNTS IN ADDITION TO OR IN LIEU OF THE
FOREGOING AS MAY BE PERMITTED FROM TIME TO TIME BY APPLICABLE LAW, INCLUDING ANY
OTHER