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be expressly subject and subordinate to this Lease, to all obligations of Lessor hereunder, to all of <br />the rights, titles, interests, and estates of the Tenant created or arising hereunder, to each New <br />Lease and to each Leasehold Mortgage. Furthermore, any Person succeeding to the Lessor's fee <br />interest as a consequence of any conveyance, foreclosure or other transfer shall succeed to all of <br />the obligations of the Lessor hereunder. <br />ARTICLE XI <br />DEFAULT AND <br />11.1 Event of Default. Each of the following events shall constitute an "Event of Default" <br />by Tenant: <br />11.1.1. Failure to Pay. Tenant's failure or omission to pay any Rent or other sum <br />payable hereunder on or before the date due where such failure shall continue for a period of five (5) <br />days after written notice thereof from Lessor to Tenant; provided, however, that any such notice shall <br />be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure <br />§ 1161 et seq. <br />11.1.2. Failure to Perform. The failure or inability by Tenant to observe or <br />perform any of its obligations under this Lease (other than those specified in Sections 11.1.2, <br />11.1.3, or 11.1.4, or 11.1.5 herein, which have their own notice and cure periods), where such <br />failure shall continue for a period of thirty (30) days after written notice thereof from Lessor to <br />Tenant or past any such longer period as reasonably agreed upon by the Tenant, Lessor in writing <br />as may be necessary for completion of its cure; provided, however, that any such notice by Lessor <br />shall be in lieu of, and not in addition to, any notice required under California Code of Civil <br />Procedure Section 1161 et. seq.; provided, further, that if the nature of such failure is such that it <br />can be cured by Tenant but that more than thirty (30) days are reasonably required for its cure (for <br />any reason other than financial inability), then Tenant shall not be deemed to be in default if Tenant <br />shall commence such cure within said thirty (30) days, and thereafter diligently pursues such cure <br />to completion. <br />11.1.3. Abandonment. The abandonment (as defined in California Civil Code <br />Section 1951.3) or vacation of the Premises by Tenant for a period of thirty (30) days or more. <br />11.1.4. Assignments. <br />(a) The making by Tenant of any assignment of its leasehold estate under <br />this Lease without Lessor's consent, as set forth in Article X; <br />(b) A case is commenced by or against Tenant under Chapters 7, 11 or 13 <br />of the Bankruptcy Code, Title 11 of the United States Code as now in force or hereafter amended <br />and if so commenced against Tenant, the same is not dismissed within ninety (90) days of such <br />commencement; <br />(c) the appointment of a trustee or receiver to take possession of <br />substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, <br />where such seizure is not discharged within sixty (60) days; or <br />Page 125 <br />