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rescission of an unauthorized assi ernenmr subleding, (ivl an Estoppel Certificate or financial statements, (vl a requested submdinatlon, (el) evidenceconce ong any
<br />guaranty and/or Guarantor, (via) anychm amen requested under Paragraph 42, (viii) material saklydata sheets 04SW), or (Ix) arty 0hardocomentadon or
<br />Information which Lesser may reasonably require of lessee under the terms ofthis Lease, where any such failuremntinues fora period of 10 days folknomg written
<br />nitre to lessee.
<br />(el ADefault by lessee as to the home,ceveremb, countries or provisions of this tease, or ofthe rules adopted under Pampeph 40 hereab other Nan
<br />Nose tusaibu in subparagraphs ch the), an 30 dame, where such Default continues fora period eB0 days after written noire; provided, howevee ncer
<br />Nenatureof Lessee's Defaultissuch Natmore Nani days arereutes suc asonably requiredomitscore, Wen itshall notbedeemed tobeaBreach ittesseecommerrces
<br />such cure within said 30day periM au Hereafter diligently prosecutes such cure to completion.
<br />(f) The opurrence ofany cousin toliowoorooThis:filth. ookingifinygencridwrangereent arassbernmot for Nebenefit of.ditisrs, lilhemmfnga
<br />"debtor" as defined In 11U.S.C. § 101 or anysuccenor stank, thereto (unless, in the Carlini petition filed against lessee, the same is dismissed within occurs), fill)
<br />theapppintment -in triumeerrepeiver louder possession of substantiallyall of lessee'sassets located at the Monies or of lessee's interest lothis tease, where
<br />possession Ls cot restored to Lessee within 30days; or livl the attachment, execution or other judicial name of subnancially a I of [¢ssee's assets Located at the
<br />PremBes or of Lessee's interestm this Lease, where such seizure is not discharged within 30 Jays; provided, however, In the event hat any proonston of this
<br />subparagraph is contrary to anyapplicable law, such provision shall be of no force oreden, and not afect the validity of the remaining provisions.
<br />Ie) The discovery that any Martial statement of Lessee of of any Guarantor given W Lesser was materially false.
<br />N) Ifthe performance of lesseehobllgatians under this Lease isguamnteed: (if the death of a Guarantor. fill the Nomination of a Guarantees liability
<br />with respect to this lease other than in accordance with the terms of such guaranty, (fill a Guarantees becoming insalveot or the subject of a bankruptcy film& (N) a
<br />Guarantees refood to honor the guamnry, of (v) a Guarintor'sbreach of Ibgumonry obligatlan on an anticipatory basis, and Lessee's fadure, within 0 days following
<br />written nonce of any Sucl, event, to provide widen aftemanve assurance or securitg which, when coupled with the then round" resources of Lessee, equals or
<br />exceedsthe combined financal resources of Lessee and the caaantors that etjeed at the time of execution dthis Lease.
<br />13.2 gemill If lessee (akin perform any of its affirmative, dudes or oinipsuons, within 10 days after written nonce (or in case plan emergenry, without
<br />notice), Lessor may, at haopnon, perform such duty orobliption on Lessee's behalf, Including but not limited to theabaining of reasonably required bonds,
<br />msumnce parities, orgmuernmenwi licenses, permits or approvals. lessre shall pay to Lessor an amount equal N 115%afthe cmellmd exponses incurred by Lessor
<br />In such performance upon receipt of an invoice therefor. In the event of a Breach, Lessor may, with or without further notice at demand, and without limiting Lessor
<br />in the exerrise of any right or remedy which Lesser may have by reason ofwch Breach:
<br />(al Terminate Lone"light Npossessionof the Premises by any lawful means, in which case this lease shall terminate and Lessee shall immediately
<br />somenderpossessionto Lessor. In such event Lessor shall be entitledtorecover from Lessee: (1)the unpaid Rent which had been earned at the time afterminatlon;
<br />(B) the vicarial the time of award of the amount bywhich the unpaid rent which would have been earned aftertennination until the Me of award evreeds she
<br />amount of such rental loss that Me lessee proves could have been reasonably avoided; (iiil the worth at the time of award of the amount by which the unpaid rent for
<br />thebalance oftheteate Lenox Hme ofawardexceeds Ne tely caafsuch rentallass Natthe Lesseeproves countbereawnablyaoided;andich anyotheramount
<br />necessaryto compensate Lessor Ivrall Me detriment pmsimately caused by Ne Lessee's foliate to pedorm its odigaHans under this Lease or whip in [he ordinary
<br />course of lhirporould he likelyto nowltther,&om, including but not Ilmitedto the cost of rernvedng possession ofthe premises, open,es, reftd,g, including
<br />necessary nonvadon and afternoon of the Premises, reasonable attoneys fees, and Nat pardon of any leasing pmmission paid by Lessor in connection with Nb
<br />Lease applicable to Ne mounted term of this lease. The worth at Me Hmeof award all amount referred M in provision (III)of the immediately preceding
<br />sentence shall he computed by d'bcounnng such amountat thediscount aloof the Pueai Reserve Bankofihe Oistritt within whichthe Premises are Wcatetl at Ne
<br />time of award plus one portent. ERprts by Lessor to mlfigate damage, ..led by Lessee's Breach of this lease shall not waive Lessees right W recover any damagesto
<br />which Lessor fs Mb Nedw eMitied. If Nomination of this tease is obtained through the provisional remedy of unlawful detabo r, Lessor Mail have the right to recover
<br />in such proceeding any unpaid Rental damages as are recoverable therein, or lessor mayreserve the right Nrx ,all or any part thereofin a uppmp,, su4. If.
<br />rack, and gate nomad required under Paagraph U.Swat not previously given, a nonce W pay our or quit, or to perform or quit given to Lessee under the unlawful
<br />detainer saute shall abp mnstitefe the notice required by Paragraph 13.1. In such cote, the applicable grace period required by Paragraph n.1 and the unhwfui
<br />deNmer statute shall run mocurrontly, and the failure of Lessee to cure the Default within the greater ofthe two such grace periods shall portable, bath an unlawful
<br />defamer and a Breach of this Lease en0tgng lessor Nthe remedies provided for in this lease and/or by aid statute.
<br />M) Conunuithe Lease andtessee's rightte possession and musverthr,Rent as it becornesdue, in which Meet Lessee may sublet or assign, subject only
<br />to reasonable the
<br />Lessee Araratmaintenance, eRorts to relec, antl/or Lisa appointmentof a receiver m protett the tondos interestr, snail notpnsHute a
<br />nomination of the Lessee's of N possession.
<br />it) Pursue any other remedy, now Or hereafter available under the laws or judicial decisions of the state wherein the Premises are boated. The explralien
<br />ortermmatian of this team and/or the termmomm of Lessee's right to Possession shall not elderly Lessee from liability under any Indefinby provisions of this Lease
<br />as to matters occurring or accruing during the term hereof or by reason of Lessee's occupancy of the Premises.
<br />13.3 Inducement Reop amp. Any agreement for fine orabated rent or othercharges, the frstof tenantimpmvements for Lessee paid tarot performed by
<br />tenor, or for the giwo,ca paying by lessor to 01 tar Lessee of any cash of other bonus, inducement or consideell for Lessee's entertng into this Lease, all of which
<br />concessions are hereinafter referred was "Iuucemend Pmv'bianzj shall he deemed conditioned upon Lessee's full and hithful performance of all of the terms,
<br />covenants and couitions of this Lease. Upon Breach of this teasels, Lessee, anysuch Inducement Provision shall inamomoally be deemed deleted from this lease
<br />and of no further force oref old, and any rent, other charge, bonus, inducement inconsideration theretofore abated, given or paid by Lessor under such an
<br />Inducement provision shall be immediately due and payable by Lessee to Lessor, nohvdhstanding any subsequent cure of said Breach by lessee. Theacceptance by
<br />Lessor of rent at the cure of the Breach which mucatu the operation of this paragraph shall owl be deemed a waiver by lessor of the provisions of this paragraph
<br />Orion specifically so Stated in writing by tenarat the time ofsuch acceptance.
<br />13.4 Late Cheglvs. lessee hereby acknowledges that late payment by Lessee of Rent will cause Lessor to incur costs not contemplated by this Lease, the exact
<br />amount of which card be enremety d'rfficult to aueftain. Such costs intrude, but arermt limited to, processing and accounting charges, and late charges which maybe
<br />imposed upon Lessor try anyteader Accardingty, if any Rent shall not be received by fond "bin 5 days after such amount shall be due, then, without any
<br />requirement for coup to Lessee, Lessee shall immediately pay to Lessor a onetlme late charge equal to 10%of each such overdue ampaM or $100, whichever is
<br />greater'. The Parties hereby agree Nat such late charge represents a fair and fasonabie estimate ofthe pats Lessor will incur by reason ofsuch late payment.
<br />Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with fe mact N such overdue amount, nor prevent the
<br />or emse of any of the other rights and remedies granted hereunder. In the Olen t that a late charge 6 payable hereon din, whether or not collected, for consecutive
<br />installments of Base pent, the. notwithstanding any provision of this Lease N the contrary, Base Rent shall, at lessor's option. bepme due and payable quarterly in
<br />advance.
<br />135 torest. Any monetary payment due Lebor here under, other Nan late charges, not received by tenor, wlien due shall bear interest from the 3=day
<br />mfook due.Theinll=O"IOftawd") charged shall be computed at the ate of l0%pef annum but shall not exceed Me maxi mum rate allowed by law, interest is
<br />payable addiponto the pMentat late charge provided far in number ph h 13.4.
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<br />NITIALS Last Edited: 3/18/20206t28 PM NITIAIS
<br />® 2017 AIR CRE. All Rights Reserved, STG-27.20, Revised 11-01-2017
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