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<br />Page | 36 <br />9138-126780\1512539.3 <br />shall have the right, following a termination of this Lease and Tenant’s rights of possession of the <br />Premises under Section 11.2.1 above, to re-enter the Premises and, subject to applicable law, to <br />remove Tenant’s personal property from the Premises. Such property may be removed and stored in a <br />public warehouse or elsewhere at the cost of and for the account of Tenant, or disposed of without <br />such storage, in accordance with applicable California law. <br />11.3 Lessor’s Right to Cure Tenant Defaults. If Tenant shall have failed to cure, after <br />expiration of the applicable time for curing, a particular default under this Lease, Lessor may at their <br />election, but are not obligated to, make any payment required of Tenant under this Lease or perform <br />or comply with any term, agreement or condition imposed on Tenant hereunder, and the amount so <br />paid plus the reasonable cost of any such performance or compliance plus interest on such sum at the <br />Interest Rate from the date of payment, performance or compliance until reimbursed shall be deemed <br />to be Additional Rent payable by Tenant on Lessor’s demand. Tenant’s failure to reimburse the <br />Agency within 30 days of Lessor’s demand shall constitute an Event of Default under this Lease. No <br />such payment, performance or compliance shall constitute a waiver of default or of any remedy for <br />default, or render Agency liable for any loss or damage resulting from the same except to the extent <br />caused by the gross negligence or willful misconduct of Lessor or Lessor Party. <br />11.4 Lessor’s Default. Lessor shall not be considered to be in default under this Lease <br />unless Tenant has given Lessor written notice specifying the default, and either (i) as to monetary <br />defaults, Lessor have failed to cure the same within ten (10) business days after written notice from <br />Tenant, or (ii) as to nonmonetary defaults, Lessor have failed to cure the same within thirty (30) days <br />after written notice from Tenant, or if the nature of Lessor’s nonmonetary default is such that more <br />than thirty (30) days are reasonably required for its cure, then such thirty (30) day period shall be <br />extended automatically so long as Agency commences a cure within such thirty (30) day period and <br />thereafter diligently pursues such cure to completion. Tenant shall have no right to offset or abate <br />alleged amounts owing by Agency under this Lease against any amounts owing by Tenant under this <br />Lease. Additionally, Tenant’s sole remedy for any monetary default shall be towards the Lessor’s <br />interest in the property and not to any other assets. Any and all claims or actions accruing hereunder <br />shall be absolutely barred unless such action is commenced within twelve (12) months of the event or <br />action giving rise to the default. <br />11.5 Remedies Cumulative. All rights and remedies of Lessor contained in this Lease <br />shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and <br />Lessor shall have the right to pursue any one or all of such remedies or any other remedy or relief <br />which may be provided by law, whether or not stated in this Lease. <br />11.6 Waiver by Lessor. No delay or omission of Lessor to exercise any right or remedy <br />shall be construed as a waiver of such right or remedy or any defaul t by Tenant hereunder. The <br />acceptance by Lessor of Rent or any other sums hereunder shall not be (a) a waiver of any preceding <br />breach or default by Tenant of any provision thereof, other than the failure of Tenant to pay the <br />particular rent or sum accepted, regardless of Lessor’s knowledge of such preceding breach or default <br />at the time of acceptance of such rent or sum, or (b) waiver of Lessor’s right to exercise any remedy <br />available to Lessor by virtue of such breach or default. No act or thing done by Agency’s agents <br />during the term of this Lease shall be deemed an acceptance of a surrender of the Premises, and no <br />agreement to accept a surrender shall be valid unless in writing and signed by Lessor. <br />11.7 Reserved. <br />EXHIBIT 5