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resources of Lessee, equals or exceeds the combined financial resources of Lessee and the Guarantors that existed at the time of execution <br />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 all emergency, without notice), Lessor stay, at its option, perform such duty or obligation on Lessee's belialf, .including <br />but not limited to the obtaining of reasonably required bonds, insurance policies, or governmental licenses, permits or approvals. Lessee <br />shall pay to Lessor an amount equal to the costs and expenses inetr'ed by Lessor in such perlbrnance upon receipt of an invoice therefor. <br />In the event of a Breach, Lessor may, with or without further notice or demand, and without limiting Lessor in the exercise of any right <br />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. I5i 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 Cho 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 Lessee <br />proves couldhave been reasonably avoided; (iii) the worth at the time of award of the amount by wlucir the unpaii Rent for the balance <br />of the term after the time of award exceeds the amount of such rental loss that Lessee proves could be reasonably avoided; and (iv) any <br />other amount necessary to compensate Lessor for all the detriment proximately caused by the Lessee's failure to perform its obligations <br />under this Lease or which in the ordinary course of things would be likely to result therefrom, including but not limited to the cost of <br />recovering possession of the Premises, expenses of re- letting, including necessary renovation and alteration of the Premises, reasonable <br />attorneys' flees, and that portion of any Leasing commission paid by Lessor in connection with this Lease applicable to the unexpired <br />term of this Lease. The worth at the time of award of the amount referred to in provision (iii) of the immediately preceding sentence <br />shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of the District within which the Premises <br />are located at the time of award plus one percent. Efforts by Lessor to mitigate damages caused by Lessee's Breach of this Lease shall <br />not waive Lessor's right to recover any damages to which Lessor is otherwise entitled. If termination of this Lease is obtainei through <br />the provisional remedy of unlawful deudner, Lessor shall have the right to recover in such proceeding any unpaid Rent and damages as <br />are recoverable therein, or Lessor may reserve the right to recover all or any part thereof in a separate suit. If a notice and grace period <br />required under Paragraph 131 was not previously given, a notice to pay rent or quit, or to pertomu or quit given to Lessee under the <br />unlawful ietainer statute shall also constitute the notice required by Paragraph 13, L In such case, the applicable grace period required <br />by Paragraph 13.1 and the unlawful detainer statute shall run concurrently, and the failure of Lessee to cure the Default within the greater <br />of the two such grace periods shall constitute both an unlawful detainer and a Breach of this Lease entitling Lessor to the remedies <br />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 which event <br />Lessee may sublet or assign, suhject 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 anier any indemnity provisions of this Lease as to matters occurring or accruing luring the terre hereof or <br />by reason of Lessee's occupancy of the Premises. <br />13.3 Inducement Recapture. Any agreement for free or abates rent or other charges, or for die giving or paying by Lessor <br />to or for Lessee of any cash or other bonus, inducement or consideration for Lessee's entering into this Lease, all of which concessions <br />are hereinafter referred to as "Inducement Provisions ", shall be ieemed conditioned upon Lessee's full and faithful performance of all <br />of the terms, covenants and conditions of this ,Lease. Upon Breach of this Lease by Lessee, any such Inducement Provision shall <br />automatically be deemed deleted from this Lease and of no further force or effect, and any rent, other charge, bonus, inducement or <br />consideration theretofore abated, given or paid by Lessor under such an Inducement Provision shall be immediately due and payable by <br />Lessee to Lessor, subject to the timely, subsequent cure of said Breach by Lessee. The acceptance by Lessor of rent or the cure of the <br />Breach which initiates the operation of this paragraph shall not be deemed a waiver by Lessor of the provisions of this paragraph unless <br />specifically so stated in writing by Lessor at the time of such acceptance. <br />13.4 Late Charges. Lessee hereby acknowledges that late payment by Lessee of Rent will cause Lessor to incur costs not <br />contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited <br />to, processing and accounting charges, and late charges which maybe imposed upon Lessor by any Lender. Accorsingly, if any Rent <br />shall not be received by Lessor within 5 days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee <br />shall immediately pay to Lessor a one -time late charge equal to 10% of each such oversee amount or $100, whichever is greater. The <br />parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of such late <br />payment. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to <br />such overdue amount, nor prevent the exercise of any of the other rights and remedies granted hereunder. In the event that a late charge <br />is payable hereunder, whether or not collected, for 3 consecutive installments of Base Rent, then notwithstanding any provision of this <br />Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance. <br />13.5 Interest. Any monetary payment clue Lessor hereunder, other than late charges, not received by Lessor, when due <br />shall bear interest from the 31st day after it was due. The interest ( "Interest ") charged shall be computed at the rate of 101% per annum <br />16 <br />