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EXHIBIT 1
<br />(al The abandonment of the Premises; or the vacating of the Premises without providing a commorclafly reasonable level of security, or where the
<br />coverage of the property Insurance described In 94ragraphB,3 Is leopard lied asa,result thor,'Df,or without providing reasonable assurances to minlmlte potential
<br />vandalism.
<br />(b) The fallura of lessee to make any payment of Rent or any Securlly Deposit required to be made by Lessee hereunder, whether Lo lessor or to a third
<br />party. when due, to provide reasonable evidence of Insurance or surety bond, or to Fulfill any obligation under this leasewhlch endangers or threatens IIle or
<br />property, where such failure continues for a period of 3 business days followingwrltten notice to lessee. THE ACCEPTANCE BY LESSOR OF A PAATIAL PAYMENT OF
<br />RENT OR SECURITY DEPOSIT SNAIL NOT CONSTIME A WAIVER OF ANY OF LESSOR'S RIGHTS, INCUIOING LESSOR'S RIGHT TO RECOVER POSSESSION OF THE
<br />PREMISES.
<br />(ci The failure of lessee to allow Lessor and/or its agents access to the Premises or the commission of waste, actor acts constituting public or private
<br />nuisance, and/or an Illegal actsvliyon the Pramises by Lessee,where such actions continue lot a period of 3 business days following written notice to lessee, In the
<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 />(dj The failure by lessee to provide (1) reasonable written evidence of compliance wlthAppflcable Requirements, (III the service contracts, jlll)tho
<br />rescission of an unauthorized assignment or subletting, (Iv) an Estoppel Certificate or financial statements, (v) a requested subordination, (0) evidence concerning any
<br />guaranty and/or Guarantor, (vh) any document requested under Paragraph 42, (vlll) matoriat safely data sheets tMSDS), or (Ix) any other documentation or
<br />Information which Lessor may reasonably require of Lestoe under the terms of this Leese, where aity such failure continues for a period of 10 days following written
<br />notice to lessee,
<br />(e) A Default by Lessee as to the terms, covenants, conditions or provisions of thlslease, or cf the rules adopted under Paragraph 40 hereof, other than
<br />prose described In Subparagraphs 134(a), jb), (c) orjd), above, whens such Default continues for a period of 30 daysafter written notice; provided, however, that If
<br />the nature of lessee's Default Is such that more than 30 days are reasonably required for Itscure, then it shall not be deemed to ba a Breach If Le&seo commences
<br />such cure within said 90 day period and thereafter dirgently prosecutes such cure to completion.
<br />(I1 The occurrence of any of the followingevents: (1) the making of any general arrangement of assignment forthe benefit of creditors; (11) becoming a
<br />'debtor' as defined In 11 U.S.C. 4 101 or anysuctessor statute thereto (unless, in the case of a petition filed agalt4t lessee, the same is dismissed within 50days); jBl)
<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 }Merest lnthis lease, where
<br />possession Is not restored to tasiee within 30 days; of (iv) the attachment, execution orother judicial seizure of substantially all of Lessee's assets located at the
<br />Premises or of Lessee's Interest tit thls Leine, where such seizure Is not discharged within 30 days; provided, however, in the event that any provision 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 temainlog provisions.
<br />(g) The discovery that any financial statement of lessee or of any Guaranty given to Lessor was materially false,
<br />(h) if the performance cf Lessee's obligations under this Lease Is guaranteed: (I) the death of a Guaran tor, (It) the termination of a Guarantor's liability
<br />with respect to this tease other than in accordance with the terms of such guaranty, (nl) a Guarantor's becoming insolvent or the subject of a bankruptcy filing, tiv) a
<br />Guarantor's refusal to honor the guaranty, or (v) a Guarantor's breach of its guaranty obligation on an anticipatory basis, and lessee's failure, within 60 days following
<br />written notice of arty such event,to provide wr Itten alternative assurance or security, which, when coupled with the then exliting resources of lessee, equals or
<br />exceeds the combined financial resources of Lessee and the Guarantors that existed at the time of eKecutforsofthis Lease,
<br />13.2 Remedies. If lessee fallsto perform any of its affirmative duties or obligations, within 10 days after written notice jot Incase of anemergency, without
<br />notice), lessor may, at its option,perform such duty or obligation on lessee's behalf, Including but not limited to the obtaining of reasonably required bonds,
<br />insurance policies, or governmental Ilcenses, permltsor approvals. Lessee shall pay to Lessor an amount equal to 115% of the costs and expenses incurred by Lessor
<br />In such performance upon receipt of an Invoice therefor. In the event of a Breath, Lessor may, with or without furtheraotfceot demand, and without limiting Lessor
<br />In the exercise of any right or remedy which Lessor may have byreason of such preach;
<br />(a) Terminate Lessee's fight topossesslon of the Premises by any lawful means, In which case this Leaseshall terminate and Lessee shall Immedlataty
<br />surrender possession to Lessor, in such event Lessor shall be entitled to recover from lessee: (I) the unpaid Rent which had been earned at the limo of termination;
<br />(If) the worth at the limeof award of the amount bywhlch the unpaid rent which would have been earned after termination until the time ofasvard exceediihe
<br />amount of such rental loss thatthe lessee proves could have been reasonably avoided; (IIQ the worth at the time of award of the arnounthy which the unpaid rent for
<br />the balance of the term after the lime of award exceeds the amount of such rental toss that the Lessee proves could be reasonably avoided; and IN) any otheramoant
<br />necessary to compensate lessor for all the detriment proximately caused by the lessee's failure to perform Its obligations under this lease orwhlch In the ordinary
<br />course of thing.s would be likelyto resuittherefrom, including but not ilmlled to the cost of recovering possession of the Premises, expenses of retetting, Including
<br />necessary renovation and altetstion of the Premises, reasonable attorneys' fees, and that portion of any leasing commission paid by Lessorlo connection with this
<br />Lease applicable to the unexpired term of this Lease. The worth at the time of award of the amount referred to In provision (III) of the Immediately preceding
<br />irnience shall be computed bydlscounting such amount at the discount rate of the Federal 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 damages caused by Lessee'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 Is obtained through the provisional remedy of unlawful delainer, lessor shall have the right to recover
<br />In such proceeding any unpaid Rent and damages as are recoverable therein, or Lessor may reserve the right to recover all or any part thereof In aseparate suit, it a
<br />notice and grace period required under Paragraph 13.1 was not previously given, a notice to pay rent o r quit, or to perform or quit given to Lessee under the unlawful
<br />detalner statute shall also constitute the notice requlred by Paragraph 13.1. in such case, the applicable grace period required by Paragraph 13.1 and the untawful
<br />detalnef statute shall tun concunerift and the fa0ure of lessee to cure the Default within the greater of the two such grace periods shall constitute both an unlawful
<br />detalner and a Breach of this Lease entitling lessor to the remedies provided for In this lease and/or by said statute.
<br />jbt Continue the Lease and Lessee's right to possession and recover the Rent as It becomes due, In which event Lesseemay sublet or assign, subjectonty
<br />to reasonable limitations. Acts of maintenance, effortsto rebel, and/or the appointment of a receiver to protect the Lessor's Interests, shall not constitute a
<br />terminaton of the lessee's right to possession.
<br />(c) Pursueany other remedy now orhereafter available under the laws or judicial decisions of the state wherein the Premises are located. The expiration
<br />or termination ohhis Lease and/or the termination of lessee'sright to possesslon shall not relieve Lessee from liability under any Indemnity provisions of this Lease
<br />as to matters occurring or accruingduring the term hereof or by reason of Lessee's occupancy of the Premises.
<br />11.3 Inducement Recapture, Any agreement for free orabaied rent or other charges, the cost of tenant improvements for Lessee paid for or performed by
<br />l.essor, or for the giving or paying by Lessor to or forlessee of any cash or other bonus, Inducement or consideration for lessee's entering Into this Lease, all of which
<br />concessions are hereinafter referred to u"hrducement Provisions," shall be deemed conditioned upon Lessee`s full and h Ithful performance of all of the terms,
<br />covenants and conditioos of this lease. Upon Breach of this Leaseby Lessee, any such inducement Provision shall automatically be deemed deleted from thlslease
<br />and of no further force orelfett, and any rent, other tharge,bonus, inducement or consideration theretofore abated, g"n or paid by lessor under such an
<br />d meni Provision shall be immediately due and payableby lessee to Lessor, notwithstanding any subsequent cure ofsald Breach by Lessee. The acceptance by
<br />INITIALS �y
<br />0 2019 AIR CRE, All Rights Reserved. Last Edited., 2/25/2021 9.53 AM
<br />STN-27,30, RevlSed 11-25-2019 Page 10 of 15
<br />City Council 26 — 12 4/19/2022
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