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<br />event that Lessee commits waste, a nuisance or an illegal activity a second time then, the Lessor may elect to treat such conduct as a non -curable Breach rather than a
<br />Default.
<br />(d) The failure by Lessee to provide (i) reasonable written evidence of compliance with Applicable Requirements, (ii) the service contracts, (iii) the
<br />rescission of an unauthorized assignment or subletting, (iv) an Estoppel Certificate or financial statements, (v) a requested subordination, (vi) evidence concerning any
<br />guaranty and/or Guarantor,(vii) any document requested under Paragraph 42,(viii) material safety data sheets(MSDS), or fix) any other documentation or C
<br />information which Lessor may reasonably require of Lessee under the terms of this Lease, where any such failure con tin utten Lies for a period of 10 days following writ
<br />notice to Lessee.
<br />(e) A Default by Lessee as to the terms, covenants, conditions or provisions of this Lease, or of the rules adopted under Paragraph 40 hereof, other than
<br />those described in subparagraphs 13.1(a), (b), (c) or (d), above, where such Default continues for a period of 30 days after written notice; provided, however, that if
<br />the nature of Lessee's Default is such that more than 30 days are reasonably required for its cure, then it shall not be deemed to be a Breach if Lessee conlOnces
<br />such cure within said 30 day period and thereafter diligently prosecutes such cure to completion.
<br />(f) The occurrence of any of the following events: (i) the making of any general arrangement or assignment for the benefit of creditors i)be mga
<br />"debtor" as defined in 11 U.S.C. § 101 or any successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismisse ithin 60 d ; (iii)
<br />the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest' this Lease, whe
<br />possession is not restored to Lessee within 30 days; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee's a is loud at the
<br />Premises or of Lessee's interest in this Lease, where such seizure is not discharged within 30 days; provided, however, in the event that any prov of this
<br />subparagraph is contrary to any applicable law, such provision shall be of no force or effect, and not affect the validity of the remaininggstavisions.
<br />(g) The discovery that any financial statement of Lessee or of any Guarantor given to Lessor was materia lly false. ���
<br />(h) If the performance of Lessee's obligations under this Le a se is guaranteed: (i) the death of a Guarantor,(ii) the terminad Guidntor's liability
<br />with respect to this Lease other than in accordance with the terms of such guaranty, (iii) a Guarantor's becoming insolvent o e' e s 'ect a bankruptcy filing, (iv) a
<br />Guarantor's refusal to honor the guaranty, or (v) a Guarantor's breach of its guaranty obligation on an anticipatory basis, a Lessefailu within 60 days following
<br />written notice of any such event, to provide written alternative assurance or security, which, when coupled with the then aXngr f Lessee, equals or
<br />exceeds the combined financial resources of Lessee and the Guarantors that existed at the time of execution of this13.2 Remedies. If Lessee failsto perform anyof its affirmative duties or obligations, within l0 daysafteren notiase of
<br />emergency, without
<br />notice), Lessor may, at itsoption, perform such duty or obligation on Lessee's behalf, including but not limited t e obtainin f reasonably required bonds,
<br />insurance policies, or governmental licenses, permits or approvals. Lessee shall pay to Lessor an amount equal to %ofth osts and expenses incurred by Lessor
<br />in such performance upon receipt of an invoice therefor. In the event of a Breach, Lessor may, with or without furthe U or demand, and without limiting Lessor
<br />in the exercise of any right 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 51nich case this Lease shall terminate and Lessee shall immediately
<br />surrender possession to Lessor. In such event Lessor shall be entitled to recover from Lessee: the unpaid Rent which had been earned at the time of termination;
<br />(ii) the worth at the time of award of the amount by which the unpaid rent which would ha IN earned after termination until the time of award exceeds the
<br />amount of such rental loss that the Lessee proves could have been reasonably avoided; 'ii the wo at the time of award of the amount by which the unpaid rent for
<br />the balance of the term after the time of award exceeds the amount of such rental to that the Lease roves could be reasonably avoided; and (iv) any other amount
<br />necessary to compensate Lessor for all the detriment proximately caused by the L ee's far re to perform its obligations under this Lease or which in the ordinary
<br />course of things would be likely to result therefrom, including but not limited to the t recovering possession of the Premises, expenses of reletting, including
<br />necessary renovation and alteration of the Premises, reasonable attorneys' es, and th ortion of any leasing commission paid by Lessor in connection with this
<br />Lease applicable to the unexpired term of this Lease. The worth at the time at; tof th mount referred to in provision (iii) of the immediately preceding
<br />sentence shall be computed by discounting such amount at the discount rate f thyreWerad Reserve Bank of the District within which the Premises are located at the
<br />time of award plus one percent. Efforts by Lessor to mitigate dam sed essee's Breach of this Lease shall not waive Lessor's right to recover any damages to
<br />which Lessor is otherwise entitled. If termination of this Lease btaine hro h the provisional remedy of unlawful detainer, Lessor shall have the right to recover
<br />in such proceeding any unpaid Rent and damages as are recover le the or, L ssor may reserve the right to recover all or any part thereof in a separate suit. If a
<br />noticeand graceperiod required under Paragraph 13.1wa pre' lygiven,anotice topay rentorquit, orto performorquit givento Lesseeunder the unlawful
<br />detainerstatute shall also constitute the notice requir DLe
<br />h .1. In such case,the applicable grace period required by Paragraph 13.1 and the unlawful
<br />detainer statute shall run concurrently, and the failu ofret eDefaultwith in the greater of the two such grace periods shall constitute both an unlawful
<br />detainer and a Breach of this Lease entitling Lessor to trovided for in this Lease and/or by said statute.
<br />(b) Continue the Lease and Lessee's righttoand recover the Rent as it becomes due, in which event Lessee may sublet or assign, su bject only
<br />to reasonable limitations. Acts of maintenance, effortstor the appointment of a receiver to protect the Lessor's interests, shall not constitute a
<br />termination of the Lessee's right to pos ession.
<br />(c) Pursue any other re dy now or hereafter available under the laws orjudicial decisions of the state wherein the Premises are located. The expiration
<br />or termination of this Lease and/ termination of Lessee's right to possession shall not relieve Lessee from liability under any indemnity provisions of this Lease
<br />as to matters occurring or acc��ru g du the term hereof or by reason of Lessee's occupancy of the Premises.
<br />13.3 Inducement Re pure. Any a eement for free orabated rent or othercharges, the cost of tenant improvements for Lessee paid for or performed by
<br />Lessor, or furthe giving aying y Lessor tbcor for Lessee of anycash orother bonus, inducement or consideration for Lessee's entering into this Lease, all ofwhich
<br />concessions are hereina ref ed to as"Inducement Provisions," shall be deemed conditioned upon Lessee's full and faithful performance of all of the terms,
<br />covenants and conditions o is Lease. Upon Breach ofthis Lease by Lessee, anysuch Inducement Provision shall automatically be deemed deleted from this Lease
<br />and of no further or effe and any rent, other charge, bonus, inducement or consideration theretofore abated, given or paid by Lessor under such an
<br />Inducement Provi n s im edia[(e due and payable by Lessee to Lessor, notwithstanding any subsequent cure of said Breach by Lessee. The acceptance by
<br />Lessor of or tsotated
<br />of the Breach which initiated the operation of this paragraph shall not be deemed a waiver by Lessor of the provisions of this paragraph
<br />unless eclfic yin writing by Lessor at the time of such acceptance.
<br />4k3.4 Late C h. Lessee hereby acknowledges that late payment by Lessee of Rent will cause Lessor to incur costs not contemplated by this Lease, the exact
<br />anrci f w c II -be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which maybe
<br />iMPbw,dKn Lessor by any Lender. Accordingly, if any Rent shall not be received by Lessor within 5 days after such amount shall be due, then, without any
<br />requireNent-ft,r noticeto Lessee, Lesseeshall immediately pay to Lessor a one-time late charge equal to 10%of each such overdue amount or $100, whichever is
<br />greater. IheParties herebyagreethat such late charge represents afalrand reasonable estimate ofthecosts Lessorwill incurbyreason ofsuch latepayment.
<br />tcepta a of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent the
<br />eR rf of anyof the other rights and remedies granted hereunder. In the event that elate charge is payable hereunder, whether or not collected, (or 3 consecutive
<br />inst Invents of Base Rent, then notwithstanding any provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in
<br />INITIALS INITIALS
<br />© 2019 AIR CRE. All Rights Reserved. Last Edited: 4/30/2020 4:53 PM
<br />STN-27.30, Revised 11-25-2019 65 B- /J 5 Page 10 of 16
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