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substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where possession is not restored to
<br />Lessee within 30 days; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee's assets located 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
<br />that any provision of this subparagraph is contrary to any applicable law, such provision shall be of no force or effect, and not affect
<br />the validity of the remaining provisions.
<br />(g) The discovery that any financial statement of Lessee or of any Guarantor given to Lessor was materially
<br />false.
<br />(h) If the performance of Lessee's obligations under this Lease is guaranteed, (i) the death of a Guarantor, (ii)
<br />the termination or attempted termination of a Guarantor's liability with respect to this Lease other than in accordance with the express
<br />terms of such guaranty, (iii) a Guarantor's becoming insolvent or the subject of a bankruptcy filing, (iv) a Guarantor's refusal to honor
<br />the guaranty, or (v) a Guarantor's breach of its guaranty obligation on an anticipatory basis, and Lessee's failure, within 30 days
<br />following written notice of any such event, to provide written alternative assurance or security, which, when coupled with the then
<br />existing resources of Lessee, equals or exceeds the combined financial resources of Lessee and the Guarantors that existed at the time
<br />of execution of this Lease.
<br />13.2 Remedies. If Lessee fails to perform any of its affirmative duties or obligations, within 10 days after written notice
<br />(or in case of an emergency, without notice), Lessor may, at its option, perform such duty or obligation on Lessee's behalf, including
<br />but not limited to the obtaining of reasonably required bonds, insurance policies, or governmental licenses, permits or approvals.
<br />Lessee shall pay to Lessor an amount equal to the costs and expenses incurred by Lessor in such performance upon receipt of an
<br />invoice therefor. In the event of a Breach, Lessor may, with or without farther notice or demand, and without limiting Lessor in the
<br />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 which case this Lease shall
<br />terminate and Lessee shall immediately surrender possession to Lessor. In such event Lessor shall be entitled to recover from Lessee:
<br />(i) the unpaid Rent which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the
<br />unpaid Rent which would have been earned, after termination until the time of award exceeds the amount of such rental loss that
<br />Lessee proves could have been reasonably avoided; (iii) the worth 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 loss that Lessee proves could be reasonably avoided;
<br />and (iv) any other amount necessary to compensate Lessor for all the detriment proximately caused by the Lessee's failure to perform
<br />its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including but not limited
<br />to the cost of recovering possession of the Premises, expenses of re- letting, including necessary renovation and alteration of the
<br />Premises, reasonable attorneys' fees, and that portion of any Leasing commission paid by Lessor in connection with this Lease
<br />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
<br />immediately preceding sentence shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of the
<br />District within which the Premises are located at the time of award plus one percent. Efforts by Lessor to mitigate damages caused by
<br />Lessee's Breach of this Lease shall not waive Lessor's right to recover any damages to which Lessor is otherwise entitled. If
<br />termination of this Lease is obtained through the provisional remedy of unlawful detainer, Lessor shall have the right to recover in
<br />such proceeding any unpaid Rent and damages as are recoverable therein, or Lessor may reserve the right to recover all or any part
<br />thereof in a separate suit. If a notice and grace period required under Paragraph 13.1 was not previously given, a notice to pay rent or
<br />quit, or to perform or quit given to Lessee under the unlawful detainer statute shall also constitute the notice required by Paragraph
<br />13.1. In such case, the applicable grace period required by Paragraph 13.1 and the unlawful detainer statute shall ram concurrently, and
<br />the failure of Lessee to cure the Default within the greater of the two such grace periods shall constitute both an unlawful detainer and
<br />a Breach of this Lease entitling Lessor to the remedies provided for in this Lease and/or by said statute.
<br />(b) Continue the Lease and Lessee's right to possession and recover the Rent as it becomes due, in wbich event
<br />Lessee may sublet or assign, subject only to reasonable limitations. Acts of maintenance, efforts to re -let, and/or the appointment of a
<br />receiver to protect the Lessor's interests, shall not constitute a termination of the Lessee's right to possession.
<br />(c) Pursue any other remedy now or hereafter available under the laws or judicial decisions of the state wherein
<br />the Premises are located. The expiration or termination of this Lease and /or the termination of Lessee's right to possession shall not
<br />relieve Lessee from liability under any indemnity provisions of this Lease as to matters occurring or accruing during the term hereof
<br />or by reason of Lessee's occupancy of the Premises.
<br />133 Inducement Recapture. Any agreement for free or abated rent or other charges, or for the giving or paying by
<br />Lessor to or for Lessee 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 as "Inducement Provisions ", shall be deemed conditioned upon Lessee's full and faithful
<br />performance of all of the terms, covenants and conditions of this Lease. Upon Breach of this Lease by Lessee, any such Inducement
<br />Provision shall automatically be deemed deleted from this Lease and of no further force or effect, and any rent, other charge, bonus,
<br />inducement or consideration theretofore abated, given or paid by Lessor under such an Inducement Provision shall be immediately due
<br />and payable by Lessee to Lessor, subject to the timely, subsequent cure of said Breach by Lessee. The acceptance by Lessor of rent or
<br />the cure of the Breach which initiated the operation of this paragraph shall not be deemed a waiver by Lessor of the provisions of this
<br />paragraph unless specifically so stated in writing by Lessor at the time of such acceptance.
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