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Corporation; and further represents and warrants that this Lease is binding upon said Corporation in accordance with its terms. 17. DEFAULT. li.l. Default by Tenant. The occurrence of any one or more of the following events shall constitute a default and breach ofthis Lease by Tenant. l7.l.l. Vacating the Premises. The vacating or abandonment ofthe Premises by Tenant or the failure ofTenant to be open for business (except in the event ofdamage or destruction to the Premises which prevents Tenant from conducting any business ttrereon) for a period oftime exceeding twenty-eight (28) consecutive days. 17.1.2. Failure to Pay Rent The failure by Tenant to make any payment of Rent, Adjustrnents, or any other payment required to be made by Tenant hereunder, as and when due, where such failure shall continue for a period ofthree (3) days after written notice thereofby Landlord to Tenant. 17.1.3. Failure to Perform. The failure by Tenant to observe or perform any of the covenants, conditions or provisions ofthis Lease to be observed or performed by the Tenan! where such failure shall continue for a period of thirty (30) days afterwritten notice thereof by Landlord to Tenant; provided, however, that if the nature of ienant's default is such that more than thirly (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. 17.2. Remedies in Tenant Default. In the event of any such default or breach by Tenant, Landlord may at any time thereafter, with or without notice or demand beyond that notice, if any, required under this Section or such other applicable notice period required under a particular Section of this Lease, and without limiting Landlord in the exercise of a right or remedy which Landlord may have by reason of such default or breach: 17.2.1. Terminate Lease. Terminate Tenant's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from the Tenant all past due Rents, adjustrnents, and other charges; the expenses ofreletting the Premises, including necessary renovation and alteration ofthe Premises, reasonable attomeys' fees and costs; the worttr at the time of award by the court having jurisdiction thereof of the amount by which the unpaid Rent and other charges and adjustments called for herein for the balance ofthe Lease Term after the time of such award exceeds the amount of such loss for the same period that Tenant proves could be reasonably avoided; and that portion of any leasing commission paid by Landlord and applicable to the unexpired Lease Term of this Lease, providing ihat should the Lease be subject to termination during a Lease assignment or subletting , Landlord shall offer to relet Premises to Tenant on the same terms and conditions after Termination so long as Tenant pays all past due Rents, adjustrnents, and other charges, including liquidated damages, interest and attomey's fees within thifiy (30) days of Termination of Sub-Tenant or Assignee. Should Tenant fail to agree to relet the Premises within fifteen (15) days of the Landlord's Notice to Re-Let or fail to pay all sums due within thirty (30) days, then Landlord may proceed with all other remedies herein. Unpaid installments of Rent or other sums shall bear interest from the date due at the rate of ten percent (10%o) per annum. 17.2.2. Continue the Lease. Maintain Tenant's right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned or vacated the Premises, In such event, Landlord shall be entitled to enforce alt of Landlord's right and remedies under this Lease, including the right to recover past due Rents, adjustrnents, and other charges, the Rent and any other charges and adjustments as may become due hereunder, and at Landlord's option, to recovei the worth at the time of the award by the court having jurisdiction thereof of the amount by which the unpaid Rent and other charges and adjustments called for herein for the balance ofthe Lease Term after the time of such award exceeds the amount of such loss for the same period that Tenant proves could be reasonably avoided. 17.2.3. Reletting for Tenant's Account. Subject to 17 .2.1 above,Landlord may re-enter and attempt to relet without terminating this Lease and remove all persons and property from the Premises (which property may be removed and stored in a public warehouse or elsewhere at the cost and risk of, and for the account of, Tenant), all without Commercial Building Lease Page 13 of26