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resources of Lessee, equals or exceeds the combined financial resources of Lessee and the Guarantors that existed at the time of execution
<br />of this Lease.
<br />13.2 Remedies. If Lessee fails to perform any of its affirmative duties or obligations, within 10 days atter written notice
<br />(or lin case of an emergency, without notice), Lessor nay, at its option, perform such duty or obligation on Lessee's behalf, including
<br />but not limited to the obtaining of reasonably required bonds, insurance policies, or governmental licenses, permits or approvals. Lessee
<br />shall pay to Lessor an amount equal to the costs and expenses incurred by Lessor in such performance upon receipt of an invoice therefor.
<br />In the event of a Breach, Lessor may, with or without further notice or demand, and without limiting Lessor in the exercise of any right
<br />or remedy which Lessor may have by reason of such Breach:
<br />(a) Terminate Lessee's right to possession of the Premises by any lawful means, in which case this Lease shall
<br />terminate and Lessee shall immediately surrender possession to Lessor. In such event Lessor shall be entitled to recover from Lessee:
<br />(i) the unpaid Rent which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the
<br />unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Lessee
<br />proves could have been reasonably avoided; (iii) the worth at the time of award of the amount by which the unpaid Rent for the balance
<br />of the term after the time of award exceeds the amount of such rental loss that Lessee proves could be reasonably avoided; and (iv) any
<br />other amount necessary to compensate Lessor for all the detriment proximately caused by the Lessee's failure to perform its obligations
<br />under this Lease or which in the ordinary course of things would be likely to result therefrom, including but not limited to the cost of
<br />recovering possession of the Premises, expenses of re -letting, including necessary renovation and alteration of the Premises, reasonable
<br />attorneys' fees, and that portion of any Leasing commission paid by Lessor in connection with this Lease applicable to the unexpired
<br />term of this Lease. The worth at the time of award of the amount referred to in provision (iii) of the immediately preceding sentence
<br />shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of the District within which the Premises
<br />are located at the time of award plus one percent. Efforts by Lessor to mitigate damages caused by Lessee's Breach of this Lease shall
<br />not waive Lessor's right to recover any damages to which Lessor is otherwise entitled. If termination of this Lease is obtained through
<br />the provisional remedy of unlawful detainer, Lessor shall have the right to recover in such proceeding any unpaid Rent and damages as
<br />are recoverable therein, or Lessor may reserve the right to recover all or any part thereof in a separate suit. If a notice and grace period
<br />required trader Paragraph 13.1 was not previously given, a notice to pay rent or quit, or to perform or quit given to Lessee under the
<br />unlawful detainer statute shall also constitute the notice required by Paragraph 13.1. In such case, the applicable grace period required
<br />by Paragraph 13.1 and the unlawful detainer statute shall run concurrently, and the failure of Lessee to cure the Default within the greater
<br />of the two such grace periods shall constitute both an unlawful detainer and a Breach of this Lease entitling Lessor to the remedies
<br />provided for in this Lease and/or by said statute.
<br />(b) Continue the Lease and Lessee's right to possession and recover the Rent as it becomes due, in which event
<br />Lessee may sublet or assign, subject only to reasonable limitations. Acts of maintenance, efforts to re -let, and/or the appointment of a
<br />receiver to protect the Lessor's interests, shall not constitute a termination of the Lessee's right to possession.
<br />(c) Pursue any other remedy now or hereafter available under the laws or judicial decisions of the state wherein
<br />the Premises are located. The expiration or termination of this Lease and/or the termination of Lessee's right to possession shall not
<br />relieve Lessee from liability under any indemnity provisions of this Lease as to matters occurring or accruing during the term hereof or
<br />by reason of Lessee's occupancy of the Premises.
<br />13.3 Inducement Recapture. Any agreement for free or abated rent or other charges, or for the giving or paying by Lessor
<br />to or for Lessee of any cash or other bonus, inducement or consideration for Lessee's entering into this Lease, all of which concessions
<br />are hereinafter referred to as "Inducement Provisions", shall be deemed conditioned upon Lessee's full and faithful performance of all
<br />of the terms, covenants and conditions of this Lease. Upon Breach of this Lease by Lessee, any such Inducement Provision shall
<br />automatically be deemed deleted from this Lease and of no further force or effect, and any rent, other charge, bonus, inducement or
<br />consideration theretofore abated, given or paid by Lessor under such an Inducement Provision shall be immediately due and payable by
<br />Lessee to Lessor, subject to the timely, subsequent cure of said Breach by Lessee. The acceptance by Lessor of rent or the cure of the
<br />Breach which initiated tine operation of this paragraph shall not be deemed a waiver by Lessor of the provisions of this paragraph unless
<br />specifically so stated in writing by Lessor at the time of such acceptance.
<br />13.4 Late Charges. Lessee hereby acknowledges that late payment by Lessee of Rent will cause Lessor to hncur costs not
<br />contemplated by this Lease, the exact amount of which will be extremely difficult to ascortain. Such costs include, but are not limited
<br />to, processing and accounting charges, and late charges which may be imposed upon Lessor by any Lender. Accordingly, if any Rent
<br />shall not be received by Lessor within 5 days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee
<br />shall immediately pay to Lessor a one-time late charge equal to 10% of each such overdue amount or $100, whichever is greater. The
<br />parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of such late
<br />payment. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to
<br />such overdue amount, nor prevent the exercise of any of the other rights and remedies granted hereunder. In the event that a late charge
<br />is payable hereunder, whether or not collected, for 3 consecutive installments of Base Rent, then notwithstanding any provision of this
<br />Lease to the contrary, Base Rent shall, at Lessor's option, become duo and payable quarterly in advance.
<br />13.3 Interest. Any monetary payment due Lessor hereunder, other than late charges, not received by Lessor, when due
<br />shall bear interest from the 3lst day after it was due. The interest ("Interest") charged shall be computed at the rate of 10% per annum
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