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bankruptcy or has a petition filed against l,esscc in bankruptcy, insolvency, or fbr <br />reorganization or appointmcnt of a rcce iver or trustee which is not distnissed within sixty <br />(60) days; (v) or Lesscc petitions lor or enters into an arrangernent tbr the benctit of <br />creditors, or suflfers this Lcasc to bccomc sub.iect to a writ of cxecution and such writ is not <br />released within thifty (30) days. lf the nature of l.essee's obligation is such that ntore than <br />thirty (30) days are reasonably required fur porftirrnance or cul'e or a diffcrcnt time flor <br />perlormancc is specified, Lessee shall not be in default if Lesscc comrnences performance <br />within such thirty (30) day or specified period and thereaflcr diligcntly prosecutes the same <br />to completion. <br />12.2 Rcmedies. Upon any de{ault by Lcsscc urrder this Lease and subject to Section 12, <br />Lessor may al any time pursue any orall remedies available to Lessor, including, but not <br />limited to, the following: (i) perfonn in Lesssc's stcad any obligation that Lessee has failed <br />to pcrforrn, and l.essec shall prornptly pay to Lessor all costs incumed by Lessor fbr such <br />perforrnance, together with interest and service fees for any past due amounts (as provided <br />in Section 3.2) and an administrative charge equal to twclvc pcrccnt (l2o/o) of the cost <br />incurred by l.essor which the parties agrec is a reasonable estimate of ancl liquidated <br />damagcs for Lessor's overhead expenses associated with such performance; (ii) tcrminatc <br />Lessee's rights under this Leasc upon delivering awritten notice of termination; and (iii) <br />re-enter and take possession of the Premiscs by any lawFul rneans with or without <br />terminatirrg this Lease. l-cssee shall pay all costs and damages arising out of Lessee's <br />dcfault, including, but not limited to, the cost of recovering possession of thc Premises, the <br />cost of irnproving and leletting thc Premises, including, but not limited to, any real estatc <br />bruker fees or rnarketing costs, and attorneys' fces and costs regardless of whether Formal <br />action is commenced or conctuded. No action by Lessor or Lessor's Associates shall be <br />construed as an election by Lessor to t€rminate this Lease or accept any surrender of the <br />Prcmises unless Lessor provides Lessee with a written notice expressly stating that l.essor <br />has terminated this Lease or accepted a surrender of the Premises. Following a default by <br />l.essee under this Lease, Lcssor shall exercise commercially reasonable, good faith etfofts <br />to mitigate its damagcs as required by applicable law. <br />12.3 Default by Lessor. Lessor shall not be in defhult under this Lease unless Lessor <br />fails to perform an obligation required of Lessor under this Lcase within thirty (30) days <br />after written notice by l,essee to Lessor, lf the nature of Lessor's obligation is such that <br />morc than thirty (30) days are reasonably required for pcrforrnancc ot cure, Lessor shall <br />not be in dcfault if Lessor commences performance within such thirty (30) day period and <br />thereafter diligently prosecutcs the same to completion, <br />12.4 Survival.'fhe prcvisions of this Section 12and the remedies and rights pr<lvided <br />in Section 7 shall survive any expiration or termination of this l,ease. <br />12.5 Holding Ovcr. If Lessee remains in possession of the Prernises and Improvements <br />after any expiration or tcrmination of this Lcasc, it shall be deemed that the Lessee has <br />entcrcd inlo such occupancy without the pcrmission ol'Lessor, Such occupancy shall not <br />waive any default undcr this l,ease and Lessor may terminate such occupancy as a tenancy <br />at sufferance. During such occupancy, Lessee shall comply with all provisions ofthis l,ease <br />L <br />tAA rA,\ <br />l8 nsson-F:J-