NEWPORT ASSET MANAGEMENT GROUP, LLC. 1 - 2015

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employees except such loss or damage which was caused by the sole negligence or willful misconduct of Landlord. ARTICLE 5 — TERMINATION AND DEFAULT Section 5.01 Termination in the Event of Casualty or Condemnation (a) In the event of any damage, destruction or condemnation of the Premises, which renders the Premises unusable or inoperable in Landlord's judgment, Tenant shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Premises by giving written notice to Landlord within thirty (30) days after such damage, destruction or condemnation. If by virtue of such casualty or condemnation, Landlord determines that the Premises is no longer adequate for Tenant to continue its operations, or any repairs to the Premises have not been completed or cannot reasonably be completed within sixty (60) days from the date of the damage, destruction or condemnation, this Agreement will become null and void. (b) In the event of condemnation, unless Tenant is allowed by the condemning authority to continue its operations in the Premises, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Tenant is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to Landlord. Section 5.02 Termination A. This Agreement may be terminated with prior written notice as follows: (1) by either party upon a default of any covenant or term hereof by the other party, which default has been noticed and is not cured within three (3) days of receipt of written notice of default; or (2) by Tenant if Tenant is unable to occupy and use the Premises for Tenant's intended purpose. a. In accordance with (1) of the preceding paragraph, failure of Tenant to comply with any of the terms, conditions or obligations contained within this Agreement shall result in Landlord's exclusive right to terminate this Agreement and terminate Tenant's occupancy of the Premises. b. The failure of Tenant to perform any of the terns, conditions or obligations contained in this Agreement shall give the Landlord, in addition to the remedies specified herein, exclusive right to re-enter and regain possession of the Premises in the manner provided by the laws of unlawful detainer of the State of California then in effect. Failure of Tenant to pay Landlord compensation in the amount set forth in Section L03 and on or before the date agreed upon in Section 1.03 of this Agreement, shall result in Landlord's exclusive right to immediately terminate this Agreement and Tenant's occupancy of the Premises.