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<br /> shall have the right of ingress and egress to the Common Areas, provided Landlord by reasonable
<br /> regulation may control such access for the comfort, convenience and protection of all tenants and users of
<br /> the Building.
<br /> 14. Default. If Tenant(i) fails to pay any Rent or installment thereof as provided in this Lease when
<br /> due and such failure continues for 5 days after written notice from Landlord; provided however, Tenant
<br /> shall not be entitled to more than 2 notices of a failure to pay in any 12 month period, and thereafter,
<br /> Tenant shall be in default if Tenant fails to pay any Rent or installment thereof as provided in this Lease
<br /> within 5 days of the due date thereof; (ii)breaches any other agreement or obligation herein set forth and
<br /> such breach is not cured within 15 days of written notice from Landlord; (iii) files(or has tiled against it)
<br /> any petition or action for relief under any creditor's law(including bankruptcy, reorganization, or similar
<br /> actions), either in state or federal court; (iv) becomes insolvent, makes any transfer in fraud of creditors,
<br /> has a receiver appointed for its assets, or makes an assignment for benefit of creditors; (v) fails to timely
<br /> deliver the estoppel certificate described in article 12 hereof; or (vi) vacates, abandons or ceases to
<br /> conduct business at the Demised Premises, then in any event, Tenant shall be in default hereunder and
<br /> subject to an Event of Default.
<br /> Upon the occurrence of an Event of Default, Landlord shall, without any further notice or
<br /> demand, in addition to, and not in limitation of,any other remedy permitted by North Carolina law or this
<br /> Lease,have the option to do any one or more of the following:
<br /> (a) Terminate this Lease, in which event Tenant shall immediately surrender the Demised
<br /> Premises to Landlord in good condition and repair,reasonable wear and tear excepted. Should Tenant fail
<br /> to so surrender the Demised Premises, Landlord may, without prejudice to any other remedy available,
<br /> but pursuant to any required legal process, re-enter and take possession of the Demised Premises with or
<br /> without prior notice and remove Tenant or anyone occupying the Demised Premises and all property of
<br /> such occupants from the Demised Premises, which property may be removed and stored in any other
<br /> place in the Building in which the Demised Premises are situated, or in any other place, for the account
<br /> of, at the expense and risk of Tenant. Tenant waives all claims for damages which may be caused by
<br /> Landlord's re-entry and taking possession of the Demised Premises or removing or storing the occupant's
<br /> furniture and property. Tenant shall save Landlord harmless from any loss, fees, costs or damages and
<br /> expenses (including.reasonable attorneys' fees) suffered by Landlord because of any termination and re-
<br /> entry. No re-entry shall be considered or construed to be an illegal forcible entry.
<br /> (b) Without terminating this Lease, declare the entire amount of all Rent which would have
<br /> become due and payable during the remainder of this Term to be due and,payable immediately discounted
<br /> by the prime rate of interest as reported in the Wall Street Journal on the date of the declaration of the
<br /> acceleration of Rent, in which event Tenant agrees to pay the same to Landlord immediately. This
<br /> payment shall constitute payment in advance of the Rent stipulated for the remainder of the Term.
<br /> Acceptance by Landlord of the payment of this Rent shall not constitute a cure or waiver of any then-
<br /> existing default or any subsequent default other than an existing default for non-payment of Rent.
<br /> (c) Enter upon and take possession of the Demised Premises, without terminating this Lease
<br /> and without being liable to prosecution or any claims for damages. Landlord may then relet all or any
<br /> portion of the Demised Premises for any term or terms and at any rental or rentals and upon any other
<br /> terms and conditions as Landlord, in its sole discretion, may deem advisable, with the right to make
<br /> alterations and repairs to the Demised Premises.In the event of any reletting,rentals received by Landlord
<br /> from reletting shall be applied: first, to the payment of any indebtedness, other than Rent, due from
<br /> Tenant to Landlord; second, to the payment of all expenses of Landlord in repairing, restoring or altering
<br /> the Demised Premises for reletting, together with leasing fees and all other expenses in seeking and
<br /> obtaining a new tenant, the unamortized portion of Landlord's paid allowance for Tenant up-fit and other
<br /> OCAC Lease Page 11
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