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<br />trial or judgment Tenant shall pay all or any portion of the rent and charges claimed by Landlord, eliminate the <br />condition(s), cease the act(s) or otherwise cure the omission(s) claimed by Landlord to constitute a default by Tenant <br />hereunder. <br /> <br />ARTICLE XIX. ACCESS BY LANDLORD <br /> <br />SECTION 19.1 RIGHT OF ENTRY. Landlord and Landlord's agents, contractors, servants and employees <br />shall have the right to enter the Premises at all reasonable times (a) to examine the Premises or for the purpose of <br />performing any obligation of Landlord or exercising any right or remedy reserved to Landlord in this Lease; (b) to exhibit <br />the Premises to prospective purchasers, mortgagees or lessees; (c) to make such repairs, alterations, improvements or <br />additions in the Premises and in the Center as Landlord may deem necessary or desirable; and (d) to take all <br />materials into and upon the Premises that may be required in connection with such repairs, alterations, improvements or <br />additions without the same constituting a constructive or actual eviction of Tenant, in whole or in part, and the Minimum <br />Rent and Percentage Rent shall not abate while such repairs, alterations, improvements or additions are being made. <br />Tenant shall permit Landlord to install, use and maintain pipes, ducts and conduits within or through the Premises, or <br />through the walls, columns and ceilings therein, provided that the installation work is performed at such times and by such <br />methods as will not unreasonably interfere with Tenant's use and occupancy of the Premises, or substantially damage the <br />appearance thereof, or materially adversely affect the layout ofthe Premises. If, during the last month of the Term, Tenant <br />shall have removed all or substantially all of Tenant's property therefi'om, Landlord may immediately enter and alter, <br />renovate and redecorate the Premises without elimination or abatement of Minimum Rent and Percentage Rent and <br />without other compensation, and such action shall have no effect upon this Lease. Nothing herein contained, however, <br />shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the care, <br />supervision or repair of their J Center or of the Premises, other than as in this Lease otherwise provided, <br /> <br />ARTICLE XX. HOLDING OVER <br /> <br />SECTION 20.1 HOLDING OVER. This Lease shall terminate and become null and void without further <br />notice upon the expiration of the term herein specified, and any holding over by Tenant after such expiration shall not <br />constitute a renewal or extension hereof or give Tenant any rights under this Lease, except when in writing signed by both <br />parties hereto or as otherwise herein provided. If Tenant shall hold over for any period after the expiration of the term, <br />Landlord may, at its option, treat Tenant as a tenant at will commencing on the first (I st) day following the expiration of <br />this Lease and subject to all of the terms and conditions herein contained, except that the monthly rental shall be one <br />hundred fifty percent (150%) of the monthly minimum rental applicable at the date of expiration, or at the then currently <br />scheduled rent for comparable space in the "Center, whichever is greater, plus one-twelfth of the average annual <br />percentage rent payable hereunder for the preceding twelve (12) months, If Tenant fails to surrender the Premises upon <br />the expiration of this lease, Tenant shall indemnifY and hold Landlord harmless fi'om all loss or liability, including, without <br />limitation, any claims made by any succeeding tenant founded on or resulting fi'om such failure to surrender. Acceptance <br />by Landlord of rent after such expiration or earlier termination shall not constitute a consent to a holdover hereunder or <br />result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's <br />right of reentry or any other rights of Landlord hereunder or as otherwise provided by law, <br /> <br />ARTICLE XXI. RULES AND REGULATIONS <br /> <br />SECTION 21.1 RULES AND REGULATIONS. Tenant covenants and agrees to comply with and observe <br />all rules and regulations established by Landlord from time to time, including, but not limited to, those rules and <br />regulations attached hereto as Exhibit "c" and made a part hereof Tenant's failure to observe the rules and regulations <br />shall be considered a default under Section 18, I (c) of this Lease. In the case of any conflict between the rules and <br />regulations and this Lease, this Lease shall be controlling, <br /> <br />ARTICLE XXII. QUIET ENJOYMENT <br /> <br />SECTION 22.1. LANDLORD'S COVENANT. Upon payment by Tenant of the rents herein provided, and <br />upon the observance and performance of all the covenants, terms and conditions on Te~ant's p.art to be o~served ~nd <br />performed. Tenant shall peaceably and quietly hold and enjoy the Premises for the Term without hindrance or Interruptoon <br />by Landlord or any other person or persons lawfully or equitably claiming by, through or under L~ndlord, subject, <br />nevertheless, to the terms and conditions of this Lease, and any mortgage and/or deed of trust to which thIs Lease IS <br />subordinate. <br /> <br />ARTICLE XXIII. SECURITY PROVISION <br /> <br />SECTION 23.1 SECURITY DEPOSIT. Tenant has deposited with Landlord the sum specified in Item 10 of <br />the Basic Lease Provisions as security for the full and faithful performance of every pro~ision of this. L~ase to be <br />performed by Tenant. If Tenant defaults with respect to any provision of this Lease, including, but ~ot limited to, the <br />provisions relating to the payment of rent. Landlord may use, apply or retain all or any part of this secuflty depoSit for the <br />payment of any rent or other sum in default, or for the payment of any other amount which Landlord may spend or become <br />obligated to spend by reason of Tenant's default. or to compensate Landlord for any other loss .or damage which Landlord <br />may suffer by reason of Tenant's default. In the event any bankruptcy, insolvency, reorgamzatlon or other creditor-debtor <br />proceedings shall be instituted by or against Tenant, or its successors or assigns, or any Guarantor of Tenant hereun.d~, <br />such security shall be deemed to be applied first to the payment of any rents and/or charges d~e Landlord for al~ peflo'a~ <br />prior to the institution of such proceedings, and the balance, if any, of such secuflty ~ay be retained by ~an.dlord In padrtl <br />liquidation of Landlord's damages, If any portion of the deposit is so used or applied, Tenant shall, within five (5) ays <br />after written demand therefor, deposit cash with Landlord in an amount su~cient to restore the secunty deposit. to Its <br />original amount. and Tenant's failure to do so shall be a material breach of thIS Lease, Landlord shall not be required to <br /> <br />16 <br />