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15.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof (or
<br />to perform any of Its obligations under Article 6 above), if such failure continues for three (3) days following Landlord's delivery of written notice
<br />thereof.
<br />15.1.2 The abandonment of the Premises by Tenant, or the vacation of the Premises by Tenant for a period of ten (10)
<br />consecutive days (with or without the payment of Rent), or the failure of Tenart to lake occupancy of the Premises within thirty (30) days of the
<br />Commencement Date (it being agreed that the fact that any of Tenant's Property remains in the Premises shall not be evidence that Tenant has not
<br />vacated or abandoned die Premises).
<br />15.1.3 Any failure by Tenant to execute slid deliver any statement or document described in Ardele 12 requested by Landlord
<br />within the time periods specified therein, If such failure continues For three (3) days after Landlord's delivery oFwritten notice thereof.
<br />15.1.4 The failure by Tenant to observe or perform any other provision of this Lease to be observed or performed by Tenant,
<br />other than those described in Sections 15.1.1. 15. t.2 and j.$,11 above, If such failure continues for twenty (20) days (except where a different period
<br />of time is specified in this Lease, in which case such different time period shall apply) after Landlord's delivery of written notice thereof; provided,
<br />however, that if the nature of the default is such that it cannot be cured within the twenty (20) day period, no Event of Default shall exist if Tenant
<br />commences the curing of tie default within tie twenty (20) day period and thereafter diligently prosecutes the same to completon.
<br />15.1.5 The making or furnishing by Tenant of any warranty, representation or statement to landlord in connection with this
<br />Lease, or any other agreement to which Tenant and Landlord are parties, which is false or misleading in any material respect when made or
<br />furnished.
<br />15.1.6 The assignment, subletting or other Transfer, or any attempted assignment, subletting or other Transfer, of this Lease in
<br />violation of Article 11.
<br />15.1.7 The filing or execution or occurrence of any one of the Following: (a) a petition in bankruptcy or other insolvency
<br />proceeding by or against Tenant or any general partner of Tenant, (b) a petition or answer by Tenant or any general partner of Tenant seeking relief
<br />under any provision of the Bankruptcy Act, (a) an assignment by Tenant or any general partner of Tenant for the benefit of creditors, (d) a petition or
<br />other proceeding by or against Tenant or any general partner of Tenant for the appointment of a Wstee, receiver or liquidator of Tenant or any
<br />general partner of Tenant or any property of Tenant or any general partner of Tenant, (e) a proceeding by any governmental authority for the
<br />dissolution or liquidation of Tenant or any general partner of Tenant or any other instance whereby Tenant or any general partner of Tenant shall
<br />cease doing business as a going concem, or (0 an admission by Tenant or any general partner of Tenant of its inability to pay Its debts as they
<br />become due.
<br />15.1.8 The default by any guarantor of 'tenant's obligations hereunder under any guaranty of this Lease, the attempted
<br />repudiation or revocation of any such guaranty or the participation by any such guarantor in any other event described in this Section 15.1 (as if this
<br />Section 15, 1.8 referred to such guarantor in place of Tenant).
<br />15.1.9 Any default that continues beyond the applicable notice and cure period by Tenant or any Affiliate of Tenant under any
<br />lease (other than this Lease) between: (a) Landlord or any Affiliate of Landlord and (b) Tenant or any Affiliate of Tenant.
<br />All of the notices described in this Section 15.1 shall be in lieu of, and not in addition to, any notice required under Section 1161 of the
<br />California Code of Civil Procedure or any other law now or hereafter in effect requiring that notice of default be given prior to the commencement of
<br />an unlawful detainer or other legal proceeding.
<br />15.2 Remedies. Upon the occurrence of any Event of Default by Tenant, in addition to any other remedies available to Landlord a t
<br />law or in equity, without any further notice or demand whatsoever Landlord shall have the option to pursue any one or more of the remedies
<br />described in Section I of Exhibit V attached hereto, each and all of which shall, subject to applicable law, be cumulative and nonexclusive (and all
<br />of the other provisions of Section I of Exhibit" "shall apply to an Event orDelbult by Tenant hereunder).
<br />ARTICLE 16 — LANDLORD DEFAULT: LANDLORD'S LIABU IT4'
<br />16.1 Landlord Deficit . Landlord's failure to perform or observe any or its obligations under this Lease shall constitute a material
<br />default by Landlord under this Lease (a "Landlord Default") only if such failure shall continue for a period of thirty (30) days after Landlord (mid
<br />each Notified Party) receives written notice From Tenant specifying (and describing in reasonable detail) the alleged default (and identff}ring the
<br />applicable Lease provision(s)), provided, however, that if the nature of the default is such [list it cannot be cured within the thirty (30) day period, no
<br />Landlord Default shall exist if Landlord (or any Notified Party) commences the curing of the applicable default within thirty (30) days following its
<br />receipt of Tenant's default notice and thereafter diligently prosecutes the same to completion. Subject to the remaining provisions of this tense,
<br />following die occurrence of any Landlord Default, Tenant shall have the right to pursue any remedy available under Law for such Landlord Default
<br />by t.andk rd; provided, however, that in no case shall Tenant have any right to anninme this Lease oil account of any such Landlord Default.
<br />16.2 Landlord's Lease Undertakings. Notwithstanding anything to the contrary contained in this Lease or any other Lease
<br />Documents, it is expressly understood and agreed by and between tie parties hereto tint: (a) the recourse of Tenant or its successors or assigns
<br />against Landlord (and the liability of landlord to Tenant, Its successors anti assigns) with respect to: (i) any actual or alleged breach or breuches by
<br />or on the pat of Landlord of any of Landlord's Lease Undertakings or (ii) any matter relating to Tenant's use ur uccupancy of the Premises shall be
<br />limited to an amount equal to the lesser of: (x) Landlord's equity interest in tie Building mid (y) the equity interest Landlord would have in the
<br />Building irthe Building were encumbered by independent secured Financing equal to eighty percent (80%) of tic value or the Building; (b) Tenant
<br />shall have no recourse against any other assets of Landlord or any other Landlord Parties (or their officers, directors or shareholders); (c) except to
<br />the extant of Landlord's equity interest in the Building(to file extent provided above), an personal liability or personal responsibility orally sort with
<br />respcet to any or Landlord's Lease Undertakings or any alleged breach thereof is assumed by, or shall at any time be asserted or a ilbrceable against.
<br />801 IPC6Vc Cenar Dr —City njSrralaellnr Leere .14.
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