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<br />thereof by Landlord to Tenant; provided; however, that if the nature of <br />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 <br />Tenant commences such cure within said thirty (30) day period, and thereafter <br />diligently prosecutes such cure to completion. <br /> <br />B. Remedies. In the event of any non-curable default or breach by Tenant, <br />Landlord shall have the right to terminate this Lease and Tenant's right to possession of <br />the Premises, and Tenant shall immediately surrender possession of the Premises to <br />Landlord. If Landlord terminates this Lease and Tenant's right to possession for the <br />Premises, Landlord may recover the following from Tenant: <br /> <br />(a) The worth at the time of award of the unpaid rent which was due, owing and <br />unpaid by Tenant to Owner at the time of termination; <br /> <br />(b) The worthy at the time of the award of the amount by which the unpaid rent <br />for the balance of the Lease term after the time of award exceeds the amount <br />of rental loss which Tenant proves could be reasonably avoided; <br /> <br />(c) Pursuing any other remedies now or hereafter available to Landlord under the <br />laws or any judicial decision of the state in which the Premises are located. <br /> <br />16. PARKING <br /> <br />Tenant shall have the right to use the parking facilities of the building in common <br />with other tenants or occupants of the Property. <br /> <br />17. GENERAL PROVISIONS <br /> <br />Waiver. The waiver by Landlord of any term, covenant or condition herein <br />contained 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 />lease, other than the failure of the Tenant to pay the particular rental so accepted, <br />regardless of Landlord's knowledge of such preceding breach at the time of the <br />acceptance of such rent. <br /> <br />Time. Time is of the essence of this Lease, and each and all of its provisions in <br />which performance is a factor. <br /> <br />Successors and Assigns. The covenants and conditions herein contained, subject <br />to the provisions as to assignment, apply to and bind the heirs, successors, executors, <br />administrators, and assigns ofthe parties hereto. <br /> <br />6 <br />