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(a) DEFAULT. The following will be events of default by Lessee under this Lease: <br />(1) Failure to pay when due any installment of Rent or any other payment <br />required pursuant to this Lease; <br />(2) Failure to deliver, maintain and/or timely restore the Security Deposit <br />required under this Lease; <br />(3) Failure to obtain and maintain the insurance required under this Lease; <br />(4) The filing of a petition for bankruptcy or insolvency under any applicable <br />federal or state bankruptcy or insolvency law; an adjudication of bankruptcy or insolvency or an <br />admission by Lessee that it cannot meet its financial obligations as they become due, or the <br />appointment of a receiver or trustee for all or substantially all of the assets of Lessee; the foregoing <br />shall also apply to any guarantor of this Lease (a "Guarantor"), if any; <br />(S) A transfer in fraud of creditors or an assignment for the benefit of creditors, <br />by Lessee or any Guarantor; <br />(6) Any act which results in a lien being filed against all or a portion of the <br />Leased Premises or the ROW; <br />(7) The liquidation, termination or dissolution of Lessee or any Guarantor of <br />this Lease, or, if Lessee or any Guarantor is a natural person, the death of Lessee or such Guarantor; <br />and <br />(8) Failure to cure any breach or default of any provision of this Lease (excluding <br />any provision dealing with payment of Rents or any other payments hereunder and/or any other <br />provisions dealing with the matters contemplated by subsections (1)-(7) above) within 20 days <br />after written notice thereof to Lessee. <br />(b) REMEDIES. In the event of any default hereunder by Lessee, then without prejudice <br />to any other rights which it has pursuant to this Lease or at law or in equity, Lessor shall have the <br />following rights and remedies, which are cumulative and not alternative: <br />(1) Lessor may terminate this Lease by notice to Lessee and retake possession <br />of the Leased Premises for Lessor's account. Lessee shall then quit and surrender the Leased <br />Premises to Lessor in accordance with the requirements of this Lease. Lessee's liability under <br />all of the provisions of this Lease shall continue notwithstanding any expiration and surrender, <br />or any re-entry, repossession, or disposition hereunder, including to the extent legally <br />permissible, payment of all Rent and other charges until the date this Lease would have expired <br />had such termination not occurred and the surrender of the Leased Premises in accordance with <br />the requirements of this Lease. If Lessor so elects, Rent may be accelerated and Lessee shall <br />pay Lessor damages in the amount of any and all sums that would have been due for the <br />remainder of the Initial Term and/or any Renewal Term. <br />13 <br />