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vandalism.
<br />(b) The failure of Lessee to make any payment of Rent or any Security Deposit required to be made by Lessee hereunder, whether to Lessor or to a third
<br />party, when due, to provide reasonable evidence of insurance or surety bond, or to fulfill any obligation under this Lease which endangers or threatens life or
<br />property, where such failure continues for a period of 3 business days following written notice to Lessee. THE ACCEPTANCE BY LESSOR OF A PARTIAL PAYMENT OF
<br />RENT OR SECURITY DEPOSIT SHALL NOT CONSTITUTE A WAIVER OF ANY OF LESSOR'S RIGHTS, INCLUDING LESSOR'S RIGHT TO RECOVER POSSESSION OF THE
<br />PREMISES.
<br />(c) The failure of Lessee to allow Lessor and/or Its agents access to the Premises or the commission of waste, act or acts constituting public or private
<br />nuisance, and/or an Illegal activity on the Premises by Lessee, where such actions continue for a period of 3 business days following written notice to Lessee. In the
<br />event that Lessee commits waste, a nuisance or an Illegal activity a second time then, the Lessor may elect to treat such conduct as a non -curable Breach rather than a
<br />Default.
<br />(d) The failure by Lessee to provide (1) reasonable written evidence of compliance with Applicable Requirements, (ii) the service contracts, (Ili) the
<br />rescission of an unauthorized assignment or subletting, (Iv) an Estoppel Certificate or financial statements, (v) a requested subordination, (vi) evidence concerning any
<br />guaranty and/or Guarantor, (vii) any document requested under Paragraph 42, (viii) material safety data sheets (MSOS), or (ix) any other documentation or
<br />information which Lessor may reasonably require of Lessee under the terms of this Lease, where arty such failure continues fora period of 30 days following written
<br />notice to Lessee.
<br />(e) A Default by Lessee as to the terms, covenants, conditions or provisions of this Lease, or of the rules adopted under Paragraph 40 hereof, other than
<br />those described in subparagraphs 13.1(a), (b), (c) or (d), above, where such Default continues for a period of 30 days after written notice; provided, however, that if
<br />the nature of Lessee's Default is such that more than 30 days are reasonably required for Its cure, then it shall not be deemed to be a Breach if Lessee commences
<br />such core within said 30 day period and thereafter diligently prosecutes such cure to completion.
<br />(f) The occurrence of any of the following events: (1) the making of any general arrangement or assignment for the benefit of creditors; (H) becoming a
<br />"debtor" as defined In 11 U.S.C. 5 101 or any successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within 60 days); (Ili)
<br />the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where
<br />possession is not restored to Lessee within 30 days; or (Iv) the attachment, execution or other Judicial seizure of substantially all of lessee's assets located at the
<br />Premises or of Lessee's Interest In this Lease, where such seizure is not discharged within 30 days; provided, however, in the event that any provision of this
<br />subparagraph Is contrary to any applicable law, such provision shall be of no force or effect, and not affect the validity of the remaining provisions.
<br />IS) The discovery that any financial statement of Lessee or of any Guarantor given to Lessor was materially false.
<br />(h) If the performance of Lessee's obligations under this Lease is guaranteed: (i) the death of a Guarantor, (ii) the termination of a Guarantor's liability
<br />with respect to this Lease other than In accordance with the terms of such guaranty, (III) a Guarantor's becoming insolvent or the subject of a bankruptcy filing, (iv) a
<br />Guarantor's refusal to honor the guaranty, or (vj a Guarantor's breach of Its guaranty obligation on an anticipatory basis, and Lessee's failure, within 60 days following
<br />written notice of any such event, to provide written alternative assurance or security, which, when coupled with the then existing resources of Lessee, equals or
<br />exceeds the combined financial resources of Lessee and the Guarantors that existed at the time or execution of this Lease.
<br />13.2 Remedies. If Lessee fails to perform arty of Its affirmative duties or obligations, within 10 days after written notice (or in case of an emergency, without
<br />notice), Lessor may, at Its option, perform such duty or obligation on Lessee's behalf, Including but not limited to the obtaining of reasonably required bonds,
<br />insurance policies, or governmental licenses, permits or approvals. Lessee shall pay to Lessor an amount equal to 135% of the costs and expenses 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 or demand, and without limiting Lessor
<br />In the exercise of any right or remedy which Lessor may have by reason of such Breach:
<br />(a) Terminate Lessee's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Lessee shall immediately
<br />surrender possession to Lessor. In such event Lessor shall be entitled to recover from Lessee: (1) the unpaid Rent which had been earned at the time of termination;
<br />(11) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the
<br />amount of such rental loss that the Lessee proves could have been reasonably avoided; (III) the worth at the time of award of the amount by which the unpaid rent for
<br />the balance of the term after the time of award exceeds the amount of such rental loss that the Lessee proves could be reasonably avoided; and (iv) any other amount
<br />necessary to compensate Lessor for all the detriment proximately caused by the Lessee's failure to perform Its obligations under this Lease or which in the ordinary
<br />course of things would be likely to result therefrom, including but not limited to the cost of recovering possession of the Premises, expenses of reletting, Including
<br />necessary renovation and alteration of the Premises, reasonable attorneys' fees, and that portion of any leasing commission paid by Lessor in connection with this
<br />Lease applicable to the unexpired term of this Lease. The worth at the time of award of the amount referred to in provision (Ili) of the immediately preceding
<br />sentence shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of the District within which the Premises are located at the
<br />time of award plus one percent. Efforts by Lessor to mitigate damages caused by Lessee's Breach of this Lease shall not waive Lessor's right to recover any damages to
<br />which Lessor is otherwise entitled. If termination of this Lease is obtained through the provisional remedy of unlawful detainer, Lessor shall have the right to recover
<br />in such proceeding any unpaid Rent and damages as are recoverable therein, or Lessor may reserve the right to recover all or any part thereof in a separate suit. If a
<br />notice and grace period required under Paragraph 13.1 was not previously given, a notice to pay rent or quit, or to perform or quit given to Lessee under the unlawful
<br />detainer statute shall also constitute the notice required by Paragraph 13.1. In such use, the applicable grace period required by Paragraph 13.1 and the unlawful
<br />detainer statute shall run concurrently, and the failure of Lessee to cure the Default within the greater of the two such grace periods shall constitute both an unlawful
<br />detainer and a Breach ofthls Lease entitling Lessor to the remedies provided for In this Lease and/or by said statute.
<br />(b) Continue the Lease and Lessee's right to possession and recover the Rent as It becomes due, In which event Lessee may sublet or assign, subject only
<br />to reasonable limitations. Acts of maintenance, efforts to relet, and/or the appointment of a receiver to protect the Lessor's interests, shall not constitute a
<br />termination of the Lessee's right to possession.
<br />(c) Pursue any other remedy now or hereafter available under the laws orjudicial decisions of the state wherein the Premises are located. The expiration
<br />or termination of this Lease and/or the termination of Lessee's right to possession shall not relieve Lessee from liability under any indemnity 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 Recapture. Any agreement for free or abated rent or other charges, the cost of tenant improvements for Lessee paid for or performed by
<br />Lessor, or for the giving or paying by Lessor to or for Lessee of any cash or other bonus, Inducement or consideration for Lessee's entering into this Lease, all of which
<br />concessions are hereinafter referred to as "Inducement Provisions," shall be deemed conditioned upon Lessee's full and faithful performance of all of the terms,
<br />covenants and conditions of this Lease. Upon Breach of this Lease by lessee, any such Inducement Provision shall automatically be deemed deleted from this Lease
<br />and of no further force or effect, and any rent, other charge, bonus, Inducement or consideration theretofore abated, given or paid by Lessor under such an
<br />Inducement Provision shall be immediately due and payable by Lessee to Lessor, notwithstanding any subsequent cure of said Breach by Lessee. The acceptance by
<br />Lessor of rent or the cure of the Breach which initiated the operation of this paragraph shall not be deemed a waiver by Lessor of the provisions of this paragraph
<br />unless specifically so stated in writing by Lessor at the time of such acceptance.
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<br />IINITIALS
<br />® 2019 AIR CRE. All Rights Reserved. Last Edited: 7/13/202010:35 AM
<br />STN-27.30, Revised 11-25-2019 Page 10 of 16
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