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11. DEFAULT, REMEDIES <br />A. Default. The occurrence of any one or more of the following events shall constitute a <br />default under this Rental Agreement by Tenant: <br />1. Non -curable defaults: <br />a) The vacating or abandonment of the Premises by Tenant. <br />b) Any attempted or involuntary transfer of Tenant's interest in this Rental Agreement <br />without Landlord's prior consent. <br />c) If Tenant makes, or has made, or furnishes any warranty, representation or statement <br />to Landlord in connection with the Rental Agreement which is or was false or <br />misleading in any material respect when made or furnished. <br />2. Curable defaults: <br />a) The failure by Tenant to make any payment of rent or any other payment required to <br />be made by Tenant hereunder, as and when due, where such failure shall continue for <br />a period of three (3) days after written notice thereof by Landlord to Tenant, this <br />Rental Agreement shall be terminable at Owner's option, in accordance with the <br />procedures established in the Code of Civil Procedure, section 1161. <br />b) The failure by Tenant to observe or perform any of the covenants, conditions, or <br />provisions of this Rental Agreement to be observed or performed by the Tenant, other <br />than the payment of rent, where such failure shall continue for a period of thirty (30) <br />days after written notice thereof by Landlord to Tenant; provided; however, that if the <br />nature of Tenant's default is such that more than thirty (30) days was reasonably <br />required for its cure, then Tenant shall not be deemed to be in default if Tenant <br />commences such cure within said thirty (30) day period, and thereafter diligently <br />prosecutes such cure to completion. <br />B. Remedies. <br />In the event of any non -curable default or breach by Tenant, or a curable default which is <br />not timely cured, Landlord shall have the right to terminate this Rental Agreement and <br />Tenant's right to possession of the Premises, and Tenant shall immediately surrender <br />possession of the Premises to Landlord. If Landlord terminates this Rental Agreement <br />and Tenant's right to possession for the Premises, Landlord may recover from Tenant: the <br />worth at the time of award of the unpaid rent which was due, owing and unpaid by <br />Tenant to Owner at the time of termination. <br />12. GENERAL PROVISIONS <br />Waiver. The waiver by Landlord of any term, covenant or condition herein contained <br />shall not be deemed to be a waiver of such term, covenant, or condition on any <br />subsequent breach of the same or any other term, covenant, or condition herein contained. <br />The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a <br />waiver of any preceding breach by Tenant of any term, covenant, or condition of this <br />Rental Agreement, other than the failure of the Tenant to pay the particular rental so <br />accepted, regardless of Landlord's knowledge of such preceding breach at the time of the <br />