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34. DEFAULT AND REMEDIES - <br /> a) Defaults. The occurrences of any one or more of the following events shall constitute a default <br /> hereunder by the Lessee: <br /> 1. Failure by the Lessee to make any payment of rental or other payment of additional rental or <br /> charge required to be made by the Lessee hereunder, as and when due. <br /> 2. Use of the Leased Premises by the Lessee, its successors and assigns or attempted use of the <br /> Leased Premises for any other purpose than those permitted by this Lease without the prior <br /> written consent of the Lessor. <br /> 3. Failure by the Lessee to perform any of the covenants, conditions or requirements contained <br /> herein. Provided further that if the nature of the Lessee's default is such that more than 30 <br /> days are reasonably required to cure such default then the Lessee shalt not be deemed to be in <br /> default if the Lessee shalt commence such cure within said 30 day period and thereafter <br /> diligently pursue such cure to completion. <br /> Any of the above events of default may be cured by the Lessee within 30 days after written notice <br /> thereof from the Lessor to the Lessee in accordance with Paragraph 21. <br /> b) Remedies. In any event of default and in addition to any or all other rights or remedies of the Lessor <br /> hereunder or by the taw provided, the Lessor may exercise the following remedies at its sole option: <br /> 1. Termination. Terminate the Lessee's right to possession of the Leased Premises by any lawful <br /> means, in which case this Lease shalt terminate and the Lessee shalt immediately surrender <br /> possession of the Leased Premises to the Lessor according to the terms of Paragraph 35. In such <br /> event of termination, the Lessor shalt be entitled to recover from the Lessee: <br /> A. The unpaid rental, taxes and/or damages which have accrued up until the time of <br /> termination together with interest; and <br /> B. Any other amount necessary to compensate the Lessor for the Lessee's failure to <br /> perform its obligations under this Lease or which would be likely to result therefrom, <br /> including, but not limited to, the cost of recovering possession of the Leased Premises, <br /> expenses of reletting, including necessary repair, renovation and alteration of the Leased <br /> Premises, reasonable attorney's fees, and any other reasonable costs; and <br /> C. Interest upon such amounts, which shalt be one point five percent (1.5%) per month or <br /> portion thereof. Said interest shalt accrue from the dates such amounts accrued to the <br /> Lessor until paid by the Lessee. <br /> 2. Possession of Property, Improvements and Equipment. If, upon termination of this tease for <br /> any reason, whether by surrender, forfeiture or expiration of term or otherwise, Lessee shalt <br /> not have fully complied with the terms of the lease, Lessor shall hold and retain possession of <br /> the property, improvements, and equipment of Lessee as security unto Lessor for the payment <br /> of rents and royalties due Lessor, or to protect Lessor against Liens, or to indemnify Lessor <br /> against any loss or damage sustained by Lessor by reason of the default of Lessee, for which <br /> purpose Lessor is hereby given a lien upon all such property, improvements, and equipment, <br /> which lien shall attach as the same are placed upon the premises. In the event Lessor shall <br /> foreclose the lien in this article given to Lessor by Lessee, Lessor may itself be a purchaser at <br /> any sale thereof under such foreclosure. <br /> GL 112629 Revised DOL 11/2018 <br /> Page 11 of 17 <br />