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<br /> 8 <br />EBDA Airport Building Commercial Lease <br />ii. Failure by Tenant to make any payment of Rent when due, or failure to make <br />any other payment required hereunder when due when that failure continues <br />for a period of five (5) days after written notice from Landlord; <br />iii. Failure by Tenant to observe or perform any of the covenants, conditions or <br />provisions of this Lease, other than making of any payment, where that failure <br />continues for a period of thirty (30) days after written notice from Landlord; <br />provided, that if the nature of Tenant’s obligation is such that more than thirty <br />(30) days are reasonably required for cure, Tenant will not be in default if Tenant <br />commences to cure within thirty (30) days of Landlord’s notice and thereafter <br />diligently pursues completion and completes performance within a reasonable <br />time; <br />iv. Either (i) the making by Tenant of any general assignment or general <br />arrangement for the benefit of creditors; (ii) the filing by or against Tenant of a <br />petition in bankruptcy, including reorganization or arrangement, except in the <br />case of a petition filed against Tenant when the same is dismissed within thirty <br />(30) days after filing; or (iii) the appointment of a trustee or receiver to take <br />possession of substantially all of Tenant’s assets located at the Premises or of <br />Tenant’s interest in this Lease; <br />v. Cancellation of a guaranty of Tenant’s obligations by a guarantor; <br />vi. Tenant’s failure to comply with the same Lease term or covenant on three <br />occasions during the Term, even if such breach is cured within the applicable <br />cure period; or <br />vii. Tenant’s failure to comply with the Lease Conditions, unless such failure is cured <br />within five (5) days after notice. <br /> <br />b. Remedies for Default by Tenant. In the event of any default, Landlord may, at any <br />time, without waiving or limiting any other right or remedy, re-enter and take <br />possession of the Premises, terminate this Lease, accelerate all Rent payments due <br />hereunder which payment will then become immediately due and payable, or <br />pursue any other remedy allowed by law. Tenant shall pay Landlord the costs of <br />recovering possession of the Premises, the expenses of re-letting, and any other <br />costs or damages arising out of Tenant’s default. Notwithstanding any re-entry or <br />termination, Tenant will remain liable for all sums Tenant is obligated to pay <br />hereunder for the balance of the Term, and Tenant shall compensate Landlord for <br />any deficiency arising from re-letting the Premises, provided, however, that Landlord <br />shall use reasonable efforts to mitigate its damages. Unless the Landlord elects to <br />accelerate the Rent owed hereunder, Tenant shall pay such deficiency each month <br />as the amount thereof is ascertained by Landlord. <br /> <br />c. Default by Landlord. Landlord will not be in default unless Landlord fails to perform <br />or cause to be performed an obligation within 30 days after notice by Tenant, which <br />notice must specify the alleged breach; provided, that if the nature of Landlord’s <br />obligation is such that more than 30 days are reasonably required for cure, Landlord <br />will not be in default if Landlord commences to cure within 30 days of Tenant’s