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<br />1. Non-curable defaults: <br /> <br />a) The vacating or abandonment of the Premises by Tenant. <br />b) Any attempted or involuntary transfer of Tenant's interest in this Lease without <br />Landlord's prior consent. <br />c) If Tenant makes, or has made, or furnishes any warranty, representation or statement <br />to Landlord in connection with the Lease which is or was false or misleading in any <br />material respect when made or furnished. <br /> <br />2. Curable defaults: <br /> <br />a) The failure by Tenant to make any payment of rent or any other payment required to <br />be made by Tenant hereunder, as and when due, where such failure shall continue for <br />a period of three (3) days after written notice thereof by Landlord to Tenant, this <br />Lease shall be terminable at Owner's option. <br /> <br />b) The failure by Tenant to observe or perform any of the covenants, conditions, or <br />provisions of this Lease to be observed or performed by the Tenant, where such <br />failure shall continue for a period ofthirty (30) days after written notice thereofby <br />Landlord to Tenant; provided; however, that if the nature of Tenant's default is such <br />that more than thirty (30) days was reasonably required for its cure, then Tenant shall <br />not be deemed to be in default if Tenant commences such cure within said thirty (30) <br />day period, and thereafter diligently prosecutes such cure to completion. <br /> <br />B. Remedies. <br /> <br />In the event of any non-curable default or breach by Tenant, Landlord shall have the right <br />to terminate this Lease and Tenant's right to possession of the Premises, and Tenant shall <br />immediately surrender possession of the Premises to Landlord. If Landlord terminates <br />this Lease and Tenant's right to possession for the Premises, Landlord may recover the <br />following from Tenant: <br /> <br />a) The worth at the time of award of the unpaid rent which was due, owing and unpaid <br />by Tenant to Owner at the time of termination; <br />b) The worth at the time of the award of the amount by which the unpaid rent for the <br />balance of the Lease term after the time of award exceeds the amount of rental loss <br />which Tenant proves could be reasonably avoided; <br />c) Pursuing any other remedies now or hereafter available to Landlord under the laws or <br />any judicial decision of the state in which the Premises are located. <br /> <br />17. <br /> <br />PARKING <br /> <br />There are no parking facilities provided as a part of this agreement. <br /> <br />18. GENERAL PROVISIONS <br /> <br />Waiver. The waiver by Landlord of any term, covenant or condition herein contained <br />shall not be deemed to be a waiver of such term, covenant, or condition on any <br />subsequent breach of the same or any other term, covenant, or condition herein contained. <br /> <br />5 <br />