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15,1,1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof (or <br />to perform any of its obligations under Article above), If such failure continues for three (3) days following Landlord's delivery of written notice <br />thereof. <br />15.1.2 The abandonment of the Premises by Tenant, or the vacation of the Premises by Tenant for a period of ten (10) <br />consecutive days (with or wlthen t die payment of Ranl), or the failure of Ten ant to take occupancy 0F(lie Premises within thirty (30) days of the <br />Commencement Date (it being agreed that the fact that any of Tenant's Property remains in the Premises shall not be evidence that Tenant has not <br />vaculed or abandoned the Premises). <br />15.1.3 Any failure by Tenant to execute and deliver any statement or docament described hi t4ele 12 requested by Landlord <br />whildil the thne periods specified dtendri, if such failure continues far three (3) days after Landlord's delivery of written notice thereof, <br />15,1.4 The failure by Tenant to observe or perform any other provision of this Lease to be observed or performed by Tenant, <br />other than those described in Sections 15,1.1 1. 5.1,2 and I5,1 3 above, If such failure continues for twenty (20) days (except where a different period <br />of time is specified in this Lease, in which case such different time period shall apply) after Landlord's delivery of written notice thereof; provided, <br />however, that if the nature of the default is such that it cannot be cured within the twenty (20) day period, no Event of Default shall exist if Tenant <br />commences the curing of the default within the twenty (20) day period and thereafter diligently prosecutes the same to completion, <br />15.1.5 The making or furnishing by Tenant of any warranty, representation or statement to Landlord in connection with this <br />Lease, or any other agreement to which Tenant and Landlord are parties, which is false or misleading in any material respect when made or <br />Famished, <br />15.1.6 The assignment, subletting or other Transfer, or any attempted assignment, subletting or outer Transfer, of this Lease in <br />violation of Article 11, <br />15.L7 The filing or execution or occurrence of any one of the following: (a) a petition in bankruptcy or other insolvency <br />proceeding by or against Tenant or any general partner of Tenant, (b) a petition or answer by Tenant or city general partner of Tenant seeking relief <br />under any provision of the Dankraptcy, Act, (c) an assignment by Tenant or any general partner of Tenant for the benefit of creditors, (d) a petition or <br />other proceeding by or against Tenant or any general partner of Tenant for the appointment of a trustee, receiver or liquidator of Tenant or any <br />general partner or Tenant or any property of Tenant or any general partner of Tenant, (a) a proceeding by any governmental authority for the <br />dissolution or liquidation of Tenant or any general partner of Tenant or any other instance whereby Tenant or any general partner of Tenant shall <br />cease doing business as a going concern, or (0 an admission by Tenant or any general partner of Tenant of its inability to pay its debts ns they <br />become due, - <br />15.1.8 The default by any guarantor of Tenant's obligations hereunder under any guaranty of this Lease, the attempted <br />repudiation or revocation of any such guaranty or die participation by any such guarantor in any other event described in this Section 15,1 (as if this <br />Secliun L$,,L!l catered to such guarantor In place of Tenant). <br />15.1.9 Any default that continues beyond die applicable notice will cure period by Tenant or any .Affiliate of Tenant under any <br />lease (other than this Lease) between (a) Landlord or any Affiliate of Landlord and (b) Tenant or any Affiliate of Tenant. <br />All of the notices described in this eetkit,.(5,,(, shall be in Her; of, and not in addition to, any notice required under Section 116E of die <br />California Code of Civil Procedure or any other law now or hereafter in effect requiring that notice of default be given prior to the commencement of <br />an unlawful detainer or other legal proceeding. <br />1512 Remedies. upon the occurrence of any Event of Default by Tenant, in addition to any other remedies available to Land told at <br />law or in equity, without any further notice or demand whatsoever Landlord shall have [lie option to pursue any one or more of the remedies <br />described in f&ection 1 of Exhibit "IT', attached hmsto, each and all ofwhich shall, subject io applicable law, be cumulative and nonexclusive (rind all <br />oftheolher provisions of,e•tici I of Exhibit" " shall apply to on Event of Default by Tenanthereundcr). <br />ARTICLE; 16—L..AIOLORD DEFAULT; LANDLORD'S LIADTIAW <br />16,1 Landlord Default. Landlord's failure to perform or observe any ol'ils obligations under this Lease shalt constitute a material <br />dehmh by Landlord under this Lease (a "Landlord Default") only if such lolure shall continue for a period of thirty (30) days after Landlord (and <br />each Notified Party) receives written notice from Tenant specifying (and describing in reasonable detail) the alleged default lead identifying the <br />applicable Lease provisioi(s)), pi�vided, however, that Hine nature ofthe default is such that it cannot be cured within the thirty (30) day period, no <br />Landlord Default shall exist if Landlord (orally Notified Party) commences the curing of the applicable defiluR within thirty (30) days following Its <br />receipt of Tenant's default notice and thereafter diligently prosecutes the same to completion. Subject to the remaining provisions of this Lease, <br />following the occurrence of any Landlord Default, Tenant shall have the right to pursue any remedy available trader Law fersuch Landlord Default <br />by lano lords provided, however, that in no case shall Tenant have any right to terminate this Lease on account of any such Landlord Default, <br />16.2 Landlord's Lease Llndermkinna, Notwithstanding anything to Ole contrary contained fit this Lease or any other Lease <br />Documents, it is expressly understood and agreed by and between the parties hereto that: (a) the recourse of Tenant or its successors or assigns <br />against Landlord (and the liability of Landlord to Tenant, Its successors and assigns) with respect to; (i) any actual or alleged breach or breaches by <br />or on the part orLandlord of any of Landlord's Lease Undertakings m (ii) any nnnter relating to Tenant's use or occupancy of the Premises shall be <br />limited to an amount equal to the lesser of: (.e) Landlord's equity interest in the Building and (y) the equity interest Lmidlord would have In the <br />Building Willa Building ivere encumbered by Independent secured financing equal to eighty percent (80%) of the value of the Building; (b) Tenant <br />shall have no recourse against any other assets of Landlord or tiny other Landlord Parties (or their officers, directors or shareholders); (c) except to <br />the extent of Landlord's equity interest in the Bailding(to the extent provided above), no personal liability car personal responsibility crony sort wldi <br />respect to any or Landlord's Lease Undertakings or any alleged breach thereof is assumed hy, or shall at uny time he asserted or enlbrceabic against, <br />801 W chvc Cerrtur Ill—E7fy oj:Suutra-0nc Lenre -1 n- <br />