2005 - 08-23-05 Recessed Meeting

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a 0 u f, 2v FAcE 576 Page 6 (1) Tenant fails to pay Base Rent or any other payment required under this Lease, in whole or in part, after it is due, and such failure continues for a period of ten days after written Notice from Landlord; (2) Tenant fails or neglects to perform, meet, or observe any of its other obligations under this Lease and such failure or neglect continues for a period of thirty days after written Notice from Landlord; (3) Any proceedings in bankruptcy or insolvency are filed against Tenant or any writ of attachment or writ of execution is levied upon Tenant's interest and such proceedings or levy are not released or dismissed within sixty days after the filing date; (4) Tenant's leasehold interest, or any part of it, created by this Lease is sold under any execution or other judicial process; (5) Tenant makes any assignment for the benefit of creditors or voluntarily institutes bankruptcy or insolvency proceedings; or (6) Landlord, in any three months during any one year period during which this Lease is in effect, gives any notice to Tenant pursuant to Section 12.a(1) of this Lease, notwithstanding Tenant's cure of such default within the allowable period. b. Landlord's Remedies: At any time after Tenant is deemed to be in default, Landlord may, at its option and without prejudice to any remedies which might otherwise be used for the collection of Base Rent or for breach of contract, take one or more of the following actions: (1) Terminate this Lease, re-enter the Premises, remove any and all persons or property from the Premises: (2) Rc-let the Premises, in whole or in part, in one or more ]cases, for the unexpired portion of the Term, or any part of it. Landlord may receive rent for such re-letting and may apply it to the Base Rent and other charges due under this Lease. In so doing, Landlord may employ whatever rates and terms as it deems expedient, and Landlord's actions shall be final and binding upon Tenant. Tenant agrees to pay promptly to Landlord, on demand, at one time or from time to time, any difference between the Base Rent and other charges payable under this Lease and any smaller amounts collected by Landlord from Tenant or other tenants to whom the Premises have or may be re-let; and (3) Collect a reimbursement of expenses, including reasonable attorney's fees, incurred by the Landlord to enforce the provisions of this Lease. c. Nonwaiver of Default. The subsequent acceptance of Base Rent by Landlord shall not be deemed a waiver of any preceding breach of any obligation by Tenant other than the failure to pay the Base Rent so accepted, and the implied or express waiver of any breach of any covenant or condition by Landlord shall not constitute an implied waiver of any other breach regardless of Landlord's knowledge of it. d. Tenant Waiver: Tenant hereby expressly waives any right of redemption, re-entry, or restoration of the operation of this Lease under any present or future law. 13. INDEMNITY: To the extent permitted by applicable law, Tenant shall defend, indemnify and hold Landlord harmless from and against all claims, damages and causes of action for injury to persons or property caused by, resulting from, or arising out of Tenant's (or its employees', agents', customers' or licensees') use and occupancy of the Premises: the performance of any work or the making of any repairs to the Premises by Tenant, its agents or employees. Provided, however, that this indemnity shall not apply if claim, damages or cause of action resulted directly from Landlord's negligence or its failure to perform any of the affirmative covenants required of it under this Lease.