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(a) The abandonment of the Premises; or the vacating of the Premises without providing a commercially reasonable level of security, or where the
<br />coverage of the property insurance described In Paragraph 8.3 Is Jeopardized as a result thereof, or without providing reasonable assurances to minimize potential
<br />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 RIGHTTO 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 (I) reasonable written evidence of compliance with Applicable Requirements, (II) the service contracts, (III) the
<br />rescission of an unauthorized assignment or subletting, (hr) an Estoppel Certificate or financial statements, (v) a requested subordination, (vl) evidence concerning any
<br />guaranty and/or Guarantor, (vll) any document requested under Paragraph 42, (vili) material safety data sheets (MSDS), or (lx) any other documentation or
<br />Information which Lessor may reasonably require of lessee under the terms of this Lease, where any such failure continues for a period of 10 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 fora 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 cure within said 30 day period and thereafter diligently prosecutes such cure to completion.
<br />(f) The occurrence of any of the following events; (I) the making of any general arrangement or assignment for the benefit of creditors; (li) becoming a
<br />“debtor* as defined In 11 U.S.G i 101 or any successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within 60 days); (til)
<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 />(g) 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, (hr) a
<br />Guarantor's refusal to honor the guaranty, or (v) 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 atthe time of execution of this Lease.
<br />13.2 Remedies. If Lessee falls to perform any of its affirmative duties or obligations, within 10 days after written notice (or Incase 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 115% 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: (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 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 proxlmately 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 unexplred term of this Lease. The worth at the time of award of the amount referred to in provision (III) 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 recoverall 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 orqult, 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 case, 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 of this 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 or Judicial 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 />ment Provision shall be immediately due and payable by lessee to Lessor, notwithstanding any subsequent cure of said Breach by Lessee. The acceptance by
<br />INITIALS
<br />© 2019 AIR CRE. All Rights Reserved.
<br />STN-27.30, Revised 11-25-2019
<br />INITIALS
<br />Last Edited: 2/25/2021 9:53 AM
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