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CCP 08-14-2007
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CCP 08-14-2007
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12/18/2007 7:14:44 PM
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8/10/2007 3:25:09 PM
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<br /> <br /> <br /> <br /> <br /> <br /> persons to the extent the same is covered by proceeds received from insurance provided by other . <br /> party, or for which reimbursement is otherwise received. Landlord's and Tenant's respective policies <br /> of insurance shall each contain a waiver of subrogation provision incorporating the above covenant <br /> and providing that the insurance shall not be invalidated by the insured's written waiver prior to a <br /> loss of any or all right of recovery against any party for any insured loss. It is expressly understood <br /> that Landlord shall not be liable to Tenant for any damages incurred by the latter as a result of the <br /> above and foregoing events; save and except as to any such damages caused by the willful <br /> negligence of the Landlord, its agents or employees, provided such damages are not recoverable by <br /> Tenant pursuant to the insurance policies required to be provided by Tenant under this Lease or <br /> otherwise. <br /> <br /> ARTICLE X - TENANT'S DEFAULT <br /> <br /> 10.1 EVENTS OF DEFAULT. The following events shall be deemed to be events of <br /> default by Tenant under this Lease: <br /> <br /> (a) Tenant shall fail to pay when due any installment of rent, or other charges <br /> provided herein, or any portion thereof and the same shall remain unpaid after <br /> the first of the month; or <br /> <br /> (b) Tenant shall for reasons other than those specifically permitted in this Lease, <br /> cease to conduct its normal business operations -in the Leased Space or shall <br /> vacate or abandon Leased Space. Tenant will be deemed to have vacated, <br /> closed or abandoned the Leased Space if it fails to conduct its business on the <br /> Leased Space during regular working hours for a period of more than ten (10) <br /> consecutive business days; or <br /> <br /> (c) Tenant shall do or permit to be done anything that creates a lien upon the <br /> Leased Space; and does not cause said lien as to Landlord's interest in the <br /> property to be released within ten (10) days after written notice from <br /> Landlord; or <br /> <br /> (d) Any representation or warranty made in writing to Landlord in this Lease or <br /> in connection with the making of this Lease, by Tenant or any guarantor, shall <br /> prove at any time to have been incorrect in any material respect when made <br /> or becomes incorrect; or <br /> <br /> (e) Tenant shall have failed to comply with any other provisions of this Lease and <br /> shall not cure any failure within thirty (30) days, or such longer period of time <br /> as may be reasonably required to cure such default, after Landlord, by written <br /> notice, has informed Tenant of such noncompliance. <br /> 10.2 LANDLORD'S REMEDIES. Upon the occurrence of any of the above listed events <br /> of default, Landlord may elect to either: (1) terminate this Lease; or (2) terminate Tenant's right to <br /> possession only without terminating this Lease, hereinafter referred to as re-entry; (3) pursue any <br /> other remedy available at law or in equity. Landlord shall have all remedies provided in the Lease <br /> <br /> <br /> 8 <br />
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