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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 a <br />period of three (3) days after written notice thereof by Landlord to Tenant, this Lease <br />shall be terminable at Landlord's option. <br />b) The failure by Tenant to observe or perform any of the covenants, conditions, or <br />provisions of this Lease to be observed or performed by the Tenant, where such failure <br />shall continue for a period of ten (10) days after written notice thereof by Landlord to <br />Tenant. <br />B. Remedies. <br />In the event of any non-curable default or breach by Tenant, Landlord shall have the right to <br />terminate this Lease and Tenant's right to possession of the Premises, and Tenant shall <br />immediately surrender possession of the Premises to Landlord. If Landlord terminates this <br />Lease and Tenant's right to possession for the Premises, Landlord may recover the following from <br />Tenant: <br />a) The worth at the time of award of the unpaid rent which was due, owing and unpaid by Tenant <br />to Owner at the time of termination; <br />b) Pursuing any other remedies now or hereafter available to Landlord under the laws or any <br />judicial decision of the State of California. <br />14. GENERAL PROVISIONS <br />Waiver. The waiver by Landlord of any term, covenant or condition herein contained shall not <br />be deemed to be a waiver of such term, covenant, or condition on any subsequent breach <br />of the same or any other teen, covenant, or condition herein contained. The subsequent <br />acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding <br />breach by Tenant of any turn, covenant, or condition of this lease, other than the failure of <br />the Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of <br />such preceding breach at the time of the acceptance of such rent. <br />Time. Time is of the essence concerning this Lease, and each and all of its provisions in which <br />timely performance is a factor. <br />Successors and Assigns. The covenants and conditions herein contained, subject to the <br />provisions as to assignment, apply to and bind the heirs, successors, executors, administrators, <br />and assigns of the parties hereto. <br />Quiet Possession. Upon Tenant paying the rent reserved hereunder, and observing and <br />performing all of the covenants, conditions, and provisions on Tenant's part to be observed and <br />performed hereunder, Tenant shall have quiet possession of the Premises for the entire term <br />hereof, subject to all the provisions of this Lease. <br />Prior Agreements. This Lease contains all of the agreements of the parties hereto with respect to <br />any matter covered or mentioned in this Lease, and no prior agreements or understanding <br />4 <br />