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<br /> TENANT'S obligations hereunder and shall not have cured the same within ten (10) days
<br /> following written notice from LANDLORD; then TENANT shall be in default hereunder, or(g) if
<br /> defaults under any other document or agreement entered into in connection with this Lease or
<br /> TENANT'S occupancy of the Premses.
<br /> 14.02. B&II& In the event that TENANT is in default hereunder, LANDLORD shall
<br /> be entitled to pursue any remedy it may have at law or at equity, including, but not limited to,
<br /> those eMessly set forth hereafter. All remedies of LANDLORD shall be cumulative and in
<br /> addition to any other rights LANDLORD may be entitled. The exercise of any one or more rights,
<br /> remedies shall riot impair LANDLORD'S right to exercise any other right or remedy. No delay or
<br /> omission of LANDLORD to exercise any right or power arising from any default shall be deemed
<br /> a waiver of any right or remedy LANDLORD may have upon the occurrence.
<br /> 14.03. Nrticular Reme,clea Upon the occurrence and continuance of any default,
<br /> LANDLORD,without notice to TENANT(except where expressly provided for below),may do any
<br /> one or more of the following: (a) with or without judicial process, enter the Premises, take
<br /> possession of any and all goods, inventory, equipment and all other personal property of the
<br /> TENANT without liability for trespass or conversion and may sell all or any part thereof at public
<br /> or private sale. TENANT agrees that five(5)days prior written notice of any public or private sale
<br /> shall constitute reasonable notice. The proceeds of such sale shall be applied first to the
<br /> payment of all costs and expenses in conducting the sale coning from said property, including
<br /> all attorney fees;second,to the payment of any indebtedness due LANDLORD;third,to pay the
<br /> TENANT, on demand in writing, any surplus remaining after all indebtedness of TENANT has
<br /> been paid to the LANDLORD; (b) perform on behalf of or at the expense of TENANT any
<br /> obligation of TENANT under this Lease which TENANT has failed to perform which LANDLORD
<br /> shall have given TENANT notice. The cost of which performance by LANDLORD,together with
<br /> interest thereon at the Default Rate from the date of such experxMures shall be deemed
<br /> Additional Rent payable to LANDLORD upon demand;(c)terminate this Lease by giving notice
<br /> of such election to the TENANT and reenter the Premises without the necessity of legal
<br /> proceedings and remove the TENANT and all other persons and property therefrcm;(d)with or
<br /> without terminating this Lease,and without the necessity of legal proceedings,LANDLORD may
<br /> retake control of the Premises,whether by changing the locks of the Premises or otherwise,and
<br /> control TENANTS access to the Premises;arKVor(e)exercise any other legal or equitable right
<br /> or remedy it may have. Any and all costs or expenses incurred by LANDLORD inducing,without
<br /> limitation, attorneys fees, and enforcing any of its rights or remedies under this Leese shall be
<br /> deemed to be additional rent and shall be repaid to LANDLORD by TENANT upon demand.
<br /> 14.04. Dwn@M If the Lease is termnated by LANDLORD pursuant to this Article,
<br /> TENANT shall nevertheless be liable for arty rent and damages which may be due or sustained
<br /> by LANDLORD and all reasonable costs,fees and expenses,inducing,but not limited to,attorney
<br /> fees, costs and expenses incurred by LANDLORD in pursuit of its remedies hereunder, and in
<br /> renting the Premises to others(including, but not limited to, the costs of redoing and replacing
<br /> TENANT upfitting work),from time to time,which at the election of LANDLORD shall be either:
<br /> (a) an amount equal to the rent which,but for the termination of this Lease,would
<br /> have been due during the remainder of the term of the Leese, less the amounts of rent, if arty,
<br /> which LANDLORD shall receive during such period from others to whom the Premises may be
<br /> rented, in which case such damages shall be computed and payable, at LANDLORD'S option,
<br /> either in an accelerated lump scan payment or in an amount equal to the total rental payments
<br /> due for the rerrraining term of the Lease,or payable in monthly installments in advance from the
<br /> first day of each cafe KW month following termination of the Lease and continuing until the date
<br /> on which the term would have expired, but for such teffronatm; or
<br /> (b) an amount equal to the present worth(as of the day of such termination)of
<br /> rent which, but for the termination of this Lease,would have become due during the remainder
<br /> of the term of the Leese, less the fair market rental value of the Premises(as determined by an
<br /> independent real estate appraiser named by LANDLORD),in which case such damages shall be
<br /> payable to LANDLORD in one lump surn on demand and shall bear interest at the Default Rate
<br /> until paid.
<br /> (c) If such termination shall take place after the expiration of two (2) or more
<br /> Lease Years, then for the purposes of computing the damages, the Annual Percentage Rent
<br /> payable with respect to each Lease Year following termination(including the Lease Year in which
<br /> such termination took place) shall be conclusively presumed to be equal the average annual
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