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(aI The abandonment of the Premises; or thevecadnR of the Premisefwithoutpraalding a commercially reason able level of seturitm01 where the
<br />coverage of the property In sum nee described In Paragraph B31s leopard lied as A result thereof, or without providing reasonable Assurances to minimize potential
<br />vandalism.
<br />(b) The failure of Losses to make any payment of Rent or any Secorlly Deposit required to be made by Lesseelismunder, whether to Lessor or to a third
<br />party, when due, to provide reasonable evidence of Insurance or surety bond, "to fulfill any obllgaton under this Leese which endangers or threatens life or
<br />property, where such failure continues lot a period of 3 business days fallowing written notice to lessee. THE ACCEPTANCE BY LESSOR OF A PAA11AL PAYMENT OF
<br />RENTOR SECURITY DEPOSIT SHALL NOTCONSHTUTE A WAIVER OF ANY OF LESSOR'S RIGHTS, INCLUOING LESSOR'S RIGHTTO RECOVER POSSESSION OF THE
<br />PREMISES,
<br />(el The failure of lessee to allow lessor and/or Its agents access to the Premises or the commission of waste, actor sets constituting public orpdvam
<br />nuisance, and/or an Illegal octwgyon the Premisesby lessee,where, such actions continue lot a period of 3 business days following written notice totessee. 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 />(all The failure by Lessee to provide 11) reasonable written evidence of compliance with Applicable Requiremousa,(IN the wNto conlncts,(III)the
<br />rescission of an unauthodted assignment or subietdnt, (b) an Estoppel Certificate or Financial statements, (v1 a requested subordination, (vl) evidence concerning any
<br />guaranty and/or Guarantor, (v1) any document requested tender Paragraph 42, (vlli) matertal safete data sheets JMSOS), or(Ix)ant other documentation or
<br />Information which Lesor may reasonably require of Lessee under the terms of this tense, where any such fattest continues for a period of 10 days following written
<br />notice to Lessee.
<br />(of A Default by lessee as w the terms,covenants, condidosn or provisions of this Lease, at of the rules adopted under Paragaph 40 hereof, other than
<br />those described In subparagraphs Lit 1(a1. Jb), it) or Jeff, 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 So culled for Its cure, then It shall not be deemed to be a breach If lessee commences
<br />such cure within said 30 day period and thereafter dingenllY Prosecutes such cure to completion.
<br />(11 The occurrence ofany of the followingevents; ill the making of any general arrangement as assignment fat the benefit of cfecillon; (if) becoming a
<br />"debtor" as defined In 11 U.S.C. 4 101 or any successor statute thereto (unless, In the case of a petition filed agaimt lessee, the same Is dismissed within 60days); 011
<br />the Appel mment of a trustee or reolver to take possession of substamialh all of Lessee's assets located at the Premises or of lessee's Interest in this tease, where
<br />possession Is not restored to lessee within 30 days; W gv) the attachment, execution or other judicial selture of substantially all of lessee's assets looted at the
<br />Premises or of Lessee's Interest In this Lease, where such soviets Is not discharged within 30 days; provided, however, In the event that any provision of this
<br />subparaBfaph Is contrary to any applicable law, such provision shall be of no force or effect, and not affect the valleity of the tern ing provloons.
<br />(A) The discovery that any Roanclal statement oftessee or of any Guarantee given to lessor was materially false.
<br />(hl If the performance of lessee's obligations under this Lease is guaranteed: (1) 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, (I a Guam issues becoming Insolvent or the subject of a bankruptcy gong, fall a
<br />Guarantor's refusal to honor the guaranty, or Fir) a Guarantor's breach of Its guaranty obligation on an anticipatory basis, and Lessee's failure, within 60 days following
<br />wfltten notice of any such own 4to provide written ahemative assurance or security, which, when coupled with the then existing re sources of lessen, equals or
<br />exceeds the combined He and at resources of Lessee and the Guarantors that existed at the time of execution of this lease,
<br />132 Remedies. If lessee falls to perform any of its aff rmaLive duties or obligations, within 10 days after written notice lot Incase of anemergency, without
<br />notice), lessor may, at Its under, perform such duty or obligation on lessee's behalf, Including but not limited to the obtaining of reasonably required bonds,
<br />Insurance policies, orgovemmental licenses, pemilts or approvals. Lessee shall pay to Lessor an amount equal to 115% of the costs and expenses Incurred by Lessor
<br />In such performan o upon receipt of an Invoka 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 a remedy which Lessor may have by reason of such Breach:
<br />(a) Terminate lessee's fight 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 shell be enUtled to recover from Lessee: (i) the unpaid Rent which had been earned at the time of termination;
<br />(II) 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 aword exceeds the
<br />amount of such rental loss that the Losses proves could have been reasonably avoided; (111) the worth at the time of awaN of the amount by which the unpaid rem Por
<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 (tv) any other amount
<br />necessary to compensate Lessor for all the detriment proximately caused by the lessee's failure to perform Its obllgadons under this Lease or which In the ordinary
<br />course of things would be likely to result therefrom, Including but not limited to the can of recovering possession of the premises, expenses of feleking, including
<br />note ssary renoodon and alteration of the Premises, reasonable attorneys' fees, antl that portion of any leasing commission paid by Lessor In connection with this
<br />Least applicable to the unexpired term of this Lease. The worth at the time of award of the amount referred to In provision J110 of the Immediately preceding
<br />ismence shall be computed by discounting such amount at the discount fate of the Federal Reserve Bank of the District within which the promises are looted at the
<br />Imeof Award plus one percent. Efforts by Lessor to mitigate damages caused by Lesson's Breach of this lease shall not walve lessor's right to recover any damages to
<br />which tosser is otherwise entitled. If terminadon of this Lease Is obtained through the provislonaI remedy of unlawful detalner, Lessor shall have the right to recover
<br />In such proceedfnR any unpaid Rent and damages as are recoverable therein, or lessor may reserve the right to recover all or any Pitt thereof In a separate suit, if a
<br />notice and grace period required undo Paragraph 131 was trot previously, given, a notice to pay rent or quit, or to perform or quit given to Lessee under the unlawful
<br />detainer statute shall abo constitute the notice required by Paragraph 13.1. In such Use, the applicable grace perfect required by Paragraph 13.1 and the unlawful
<br />data lost statute shall run conourfenth, aM the fa0ure of Lessee to are the Dahuil Within the greater of the two such grace periods shall constitute both an unlawful
<br />detainer and a Breach of this Lease entitling Lester to the remedies provided for In this Lease and/of, by said statute.
<br />lb) Continue the Lease and lessee's fight to possession and recover the Rent as It becomes due, In which event to&seemay sublet or assign, subject only
<br />to reasonable limitations. Acts of maintenance, efforts to relet and/or the appointment of a racebrer to protect the Lessot's Interests, shall Trot constitute a
<br />termination of the Lessee's right to possession,
<br />Id Pursue any other remedy now or hereafter available under the laws orjudidal decisions of the state wherein the premises afe located. The expiration
<br />or termination of this Lease and/or the termination of Lowe'sfight to possession shall rot relieve lessee from liability under any Indemnity provisions of this Lease
<br />as to makers oauring or accruing during the term hereof car by reason of Lessee's Occupancy Of the Premises.
<br />13.3 Inducement Recapture. Any agreement for tree or abated rent or other charges, the cost of tenant improvements for Lessee paid for or performed by
<br />Lesser, or for the giving or paying by Lester, to or lot Lessee of any cash ar other bonus, Inducement or consideration for Lessee's entering Into this Lease, all of which
<br />concessions are forestaller referred to as "Inducement Provlslons," shall be deemed conditioned upon lessee's fug and [althful performance of all of the terms,
<br />covenants and condlttom of this Lease. Upon Breach of this Lease by Lessee, any such inducement Provision shall automatically be deemed deleted from thletease
<br />and of no further force or effect and any runs, other charge, bonus, Inducement or consideration theretofore abated, given or paid by lessor under such an
<br />d mom ProytOon shall be Immediately due and payable by lessee to lessor, notwithstanding any subsequent cure of said Breach by Lessee. Theacteptancgby
<br />INITIALS
<br />g12019AIR CRE. ARRights Reserved. Last Edited: 2/25/202 1 9:S3 ANA
<br />5TN.27.30, Revised 11-25-200 Page 10 of 16
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