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18/09 '09 VEN 11:59 FAX 418 692 2420 CARRI POLXCOR INC _ 0015 <br />{ 8,.1.5 The discontinuance or ten nivatlon by Lessee of the business <br />. ? failure of Lessee to reestablish within Of n the Bed in by Lamas and the <br />which ft lease is enrtered into ?° ??' a resemnptioxr of the business for <br />terMinati01e of the Lessee's busian?ness;? ??Y (30) days Bonn the diseot?nuanae or <br />8.1.6 The abatndontnebt by the Lessee ofthe properly, either by the removal of all of Lessees <br />PMPerty therefrom, or by the Ailure of Lessee to make reasonable aad actual tide of the <br />property for the proposes intended, notwithstanding the .fact that 140see'9 property remains <br />on or within the Property, foie a period oftbiiV (30) days, unless such abandoeunent or <br />failure to make use of the ProPerty is occasioned by governmenW action or <br />authority and Lessee has caused Lessor to be duly not)fied of the circumstanceso"ount <br />Me. <br />However, Lessee shall not be deemed as leaving discontinued or terminated Lessee's <br />business operations, nor abandoned the PrppezIN evan though the actual Marble Query <br />operation is halted for a period in excess of thirty (30) days, provided that Lessees shall <br />Continue to pay to Lessor the MiWrnum Royalty as set forth in paragraph 2.4. <br />82 Remedies for DChWt ofLessee. In the event of any such default as defined above, and at <br />any time thereafter, Lessor may serve a wtltte a notice upon Lessee that Lessor elects to <br />"InliVAtO this Agreement upon a specified date not less than five (5) days aflnr the date of <br />the serving of such notice, and this AVCQMMt shall then terminate on the date so specified <br />as if that date had been fixed originally as the expiration date of the ta= herein granted, <br />unless within such time, Lessee shall remedy the default complained of, then this Agreement <br />s1na0 cvntintne in firll foroe and effect Should the Lessee lend <br />default and is unable to complete such cure within five (S) days, diligently shall be with ranted the <br />additional thinY (30) ' days Lessee an <br />to effeot such cure. Lessee covenants and agrees that if the <br />default is not remedied as above provided, Lessor shall have in addition to all other rights and <br />remedies provided by law, the rigbt to cater and take possession of the Property and to cause <br />the removal thare&om of a] I of Lessee's personal property located within or upon the <br />Property and the storing of same, such removal and storage to be accomplished and the <br />=Penses of such removal and storage to be assessable against Lessee k the same inarnicr as <br />Lessee's obligations for payments hemundeL In the event of termination of this Agreement, <br />Lessees obligation to pay rgyyWdea, expmm and other costs attributable to the Property <br />and accrued or payable prior to the date of termination shall survive the termination of the <br />Agreemme- <br />8.3 Remedies Not Exclusive. Notwithstaridipg MVWug herein to the contrary, the remedies <br />herein set forth are not exoh ye, are cumulative and may be exeroised and secured in <br />addition to any other remedies hereiu provided or available at law. The exerebe or pursuit <br />of ono remedy shall not be deemed to be a waiver of the same or any other remedy, <br />8.4 Expense. In the event Lessor r taints the services Gran atto or other aSent Yepresentative for the enforcement of Lessor's rights hommder,Lessee " be e? <br />and liable for the payment -Of any and all costs, expenses and fees hi d by Lessor snblc? <br />ernmectiom therewith and all of the same maybe charged aph at Lessee imd payable as <br />(? additional royalty