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Exhibit A to Lease Assignment and Assumption <br />give the other party written notice thereof. In the event a dispute between Tenant and a third <br />party having lien rights arising from work performed for Tenant results in litigation to enforce <br />such lien right in which Landlord or any party deriving rights from Landlord is named a party <br />defendant, defense of such action shall, at Landlord's option, immediately be assumed by Tenant, <br />Tenant shall appear and defend Landlord and any parties deriving interest through Landlord, or <br />shall pay any costs or attorney's fees incurred by Landlord or parties deriving interest through <br />Landlord, in respect to their own defenses to such action and shall indemnify and hold Landlord <br />and parties deriving interest through Landlord harmless from any judgment arising out of such <br />litigation. <br />15, Surrender of Premises. <br />15.1 Surrender of Premises. Tenant shall promptly surrender possession of <br />the Premises to Landlord upon the expiration or prior termination of the Lease. The Premises <br />shall be surrendered in accordance with the requirements set forth in Section 8.4 hereinabove. <br />15.2 Holding Over. Any holding over by Tenant after the expiration or <br />termination of the Lease shall be construed to be a tenancy from month -to -month, on all of the <br />terms and conditions set forth herein, to the extent not inconsistent with a month -to -month <br />tenancy. During such tenancy, Tenant agrees to pay the rental amounts set forth herein, unless a <br />different rate is agreed upon. <br />15.3 Sub -Tenancies. The voluntary or other surrender of this Lease by Tenant, <br />or a mutual cancellation thereof, shall terminate all and any existing subtenancies, or may, at the <br />option of Landlord, operate as an assignment to it of any and all such subtenancies. <br />16. Default bt Tenant. <br />16.1 Default. The occurrence of any one or more of the following events shall <br />constitute breach of this Lease by Tenant. <br />16.1.1 Failure to 1'"a.LEent. The failure by Tenant to make any payment <br />of rent, or any other payment required to be made by Tenant hereunder, which shall be <br />considered additional rent, as and when due, where such failure shall continue for a period of ten <br />(10) days after written notice thereof by Landlord to Tenant. <br />16.1.2 Failure to Perform. The failure by Tenant to observe or perform <br />any of the covenants, conditions or provisions of this Lease to be observed or performed by <br />Tenant, other than payment of rent, where such failure shall continue for a period of thirty (30) <br />days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of <br />Tenant's default is such that more than thirty (30) days are reasonably required for its cure, then <br />Tenant shall not be deemed to be in default if Tenant commences such cure within said thirty <br />(30) day period and thereafter diligently prosecutes such cure to completion. <br />10 <br />Initial <br />