FOSTER ASSESSMENT CENTER & TESTING SERVICE (FACTS)

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take possession thereof and remove all persons (and all of Tenant's personal property, fixtures, equipment, alterations, improvements and utility installations in accordance with Paragraph 20b(2) hereof) therefrom, and Tenant shall have no further claim to the Premises or under this lease. Amc[E 20. DEF&U, MMIE5. A. Default. The occurrence of any one or more of the following events shall constitute a default under this lease by Tenant: 1. Non -curable defaults: (a) The vacation or abandonment of the Premises by Tenant. (b) Any attempted or involuntary transfer of Te'hant's interest in this lease without Owner's prior written consent, as set forth more specifically in Article 13. (c) If the leasehold interest of Tenant is levied upon under execution or is attached by process of law. (d) If any lease (other than this lease) made by Tenant for any other space on the Property is terminated or terminable after the r«nnencement of the term of this Lease due to any default by Tenant under such other lease. (e) If Tenant makes (or has made) or furnishes (or bas furnished) any warranty, representation or statement to Owner in eomnection with this Lease (or any assignment of this lease or subletting of all or part of the Premises) or any other agreement to which Owner and Tenant are parties, which is or was false or misleading in any material respect when made or furui shed. (f) Any breach under Article 19. 2. Curable defaults: (a) The failure by Tenant to make any payment of rent, additional rent or any other payment required to be made by Tenant hereunder as and when due. If Tenant does not fully cure such default within three days after Tenant has been served with a notice of such default, this Tease shall be terminable at Owner's option. (b) The failure by Tenant to observe or perform any non, -monetary covenants, conditions or provi sions of this Lease to be observed or performed by Tenant, other than the aforementioned non -curable defaults. If Tenant does not fully cure any such non -monetary default within ten days after Tenant has been served with a notice of such default, this lease shall be terminable at Owner's option; provided, huwever, that if the nature of Tenant's default is such that more than ten days are reasonably required for its cure, then Owner shall not be entitled to terminate this lease on account of such default if Tenant comes such cure within said ten day period and thereafter diligently prosecutes such cure to completion. B. Remedies. 1. In addition to all other rights or remedies it might have, Owner shall have the right to terminate this lease and Tenant's right to possession of the Premises in the event of any mnorr curable default set forth in Section 20A hereof if a curable default is not fully cured within the cure period designated in Paragraph 20A(2) for such default. Termination of Tenant s right to possession of the Premises shall terminate this Tease, and vice -versa. However, if Tenant has abandoned or vacated the Premises, the mere taking of possession of same by Owner in order to per- form acts of maintenance or preservation or to attempt to relet the Premises, or the appointment of a received in order to protect Owners interests under this lease, shall not be deemed a termination of Tenant-s right to possession of the Premises or a termination of this Lease unless Owner has not- ified Tenant in writing that the lease is terminated. The notifieatian provided in Paso aph 20A(2) for curable defaults shall be in lieu of, and met in addition to, any notice required under Section 1161, et. seq., of the California Code of Civil Procedure. If Owner terminates this lease and Tenant's right to possession of the Premises pursuant to this Paragraph 20B(1), Owner may recover the following from Tenant: MAR 1988 -ll-