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(e) Upon failure by Tenant to pay the Rent, to make distress , and upon such distress, this
<br /> tenancy, at the option of Landlord, shall terminate, and the Landlord shall have the rights set forth above .
<br /> (f) Make such payment or do such act that Tenant has failed but is required to do under this
<br /> Lease, and the expenses of Landlord thereof, shall constitute Additional Rent hereunder due and payable
<br /> by Tenant within 10 days of demand therefor by Landlord .
<br /> (g) Without obtaining any court authorization, lock up the Demised Premises and deny Tenant
<br /> access thereto .
<br /> Landlord ' s reasonable attorneys ' fees in pursuing any of the foregoing remedies, or in collecting
<br /> any Rent due from Tenant hereunder, shall be paid by Tenant, which fees as to Rent collected shall be
<br /> deemed to be 15 % of the amount of such Rent or other sum due from Tenant .
<br /> All rights and remedies of Landlord are cumulative, and the exercise of anyone shall not be an
<br /> election excluding Landlord at any other time from exercise of a different or inconsistent remedy . No
<br /> waiver by Landlord of any covenant or condition shall be deemed to imply or constitute a further waiver
<br /> of the same at a later time, and acceptance of Rent by Landlord even with knowledge of a default by
<br /> Tenant shall not constitute a waiver of such default . An election by Landlord to terminate this Lease shall
<br /> only be deemed to occur upon the express , written election by Landlord to do so .
<br /> 15 . Property of Tenant. To the extent required by law Tenant shall timely pay any and all taxes
<br /> levied or assessed against or upon Tenant ' s furnishings , equipment, trade fixtures , furniture, inventory,
<br /> leasehold improvements and personal property located in the Demised Premises (collectively, " Tenant
<br /> Property") . Tenant (if not in default hereunder), prior to the Expiration Date , may remove all Tenant
<br /> Property which it has placed in the Demised Premises provided Tenant repairs all damages caused by
<br /> such removal . If Tenant does not remove Tenant Property from the Demised Premises within 5 days after
<br /> expiration or termination (for whatever cause) of this Lease, such property (other than that containing
<br /> radioactive, biologically active or other hazardous substances or materials) shall be deemed conclusively
<br /> abandoned by Tenant, and Landlord may dispose of the same in whatever manner Landlord may elect .
<br /> 16 . Eminent Domain . If all of the Demised Premises, or such part thereof as will make the same
<br /> unusable for the purposes contemplated by this Lease, be taken under the power of eminent domain (or a
<br /> conveyance in lieu thereof) , then this Lease shall terminate as of the date possession is taken by the
<br /> condemnor, and Rent shall be adjusted between Landlord and Tenant as of such date . If only a portion of
<br /> the Demised Premises are taken and Tenant can continue use of the remainder, then this Lease will not
<br /> terminate , but Rent shall abate in a just and proportionate amount to the loss of use occasioned by the
<br /> taking . Tenant shall have no right or claim to any part of the award made to or received by Landlord for
<br /> ided, however, that Tenant shall not be prevented from making a claim against the
<br /> any taking; prov
<br /> condemning party (but not against Landlord) for any moving expenses , loss of profits, or taking of Tenant
<br /> Property (other than its leasehold estate) to which Tenant may be entitled provided such claim does not
<br /> reduce the award otherwise payable or due Landlord .
<br /> 17 . Quiet Enjoyment, If Tenant promptly and punctually complies with each of its obligations
<br /> hereunder, it shall , subject to the terms of this Lease, peacefully have and enjoy the possession of the
<br /> Demised Premises during the term hereof, provided that no action of Landlord, which does not impair
<br /> Tenant' s normal business , in working in other space in the Building, or in repairing or restoring the
<br /> Demised Premises , shall be deemed a breach of this covenant, giving Tenant any right to modify this
<br /> Lease either as to term , Rent payable , or other obligations to be performed .
<br /> 18 . Security Deposit. Landlord hereby acknowledges receipt from Tenant the sum set forth in
<br /> paragraph 1 (q) hereof, which sum Landlord shall retain as security for the performance by Tenant of each
<br /> OCAC Lease Page 12
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