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s <br />20 <br />accelerate the rent due or to become due hereunder, and shall not be required to delay suit on <br />or recovery of same. Landlord may recover from Tenant all damages it may incur by reason <br />of Tenant's default, including the cost of recovering the leased premises, and Landlord's <br />reasonable attorney's fees, all of which shall be immediately due and payable from Tenant to <br />Landlord. For the purposes of this Article, percentage rent for any period after default and re- <br />entry by Landlord shall be computed on the basis of the amount thereof accruing during the next <br />preceding lease year or during the next preceding twelve (12) months, whichever is the greater, <br />except that if such event shall occur during the first lease year, then on the basis of the amount <br />of percentage rent accruing for the then elapsed portion of the term of this lease. <br />17.5 INJUNCTION <br />In the event of a breach or threatened breach by Tenant of any provision of this lease, <br />Landlord shall have the right of injunction as if other remedies were not provided for therein. <br />17.6 NON - EXCLUSIVE REMEDIES <br />The rights and remedies given to Landlord in this lease are distinct, separate and <br />cumulative remedies, and the exercise of any of them shall not be deemed to exclude Landlord's <br />right to exercise any or all of the others or those which may be permitted by law. <br />17.7 BREACH BY LANDLORD <br />Landlord shall in no event be in default in the performance of any of its obligations M <br />contained in this lease unless and until Landlord shall have failed to perform such obligation <br />within thirty (30) days or failed to commence to perform such obligation within thirty (30) days <br />after written notice by Tenant to Landlord specifying wherein Landlord has failed to perform <br />any such obligation. Landlord shall pay all costs, expenses and reasonable attorney fees that <br />may be incurred or paid by Tenant in enforcing the terms of this lease. <br />ARTICLE XVIII <br />MISCELLANEOUS PROVISIONS <br />18.1 N TI <br />All notice by either party to the other provided for in this lease shall be in writing and <br />shall be sent by telegram, registered or certified mail, or personally delivered, until otherwise <br />designated, as follows: <br />To Landlord: Elliott Center Investors <br />400 S. Elliott Road <br />Chapel Hill, NC 27514 <br />• <br />