2008/01/30 Council Agenda Packet

f tenancy from month to month at a rental in the amount of the last Monthly Minimum Rent times 110 percent, plus all other charges payable hereunder, and upon all the terms hereof applicable to a month to month tenancy. 21. ENTRY BY LANDLORD. Landlord reserves,and shall at any and all times have,the right to enter the Premises to inspect the same,to submit said Premises to prospective purchasers or tenants,to post notices of non-responsibility,to repair the Premises and any portion of the Building of which the Premises are a part that Landlord may deem necessary or desirable, without abatement of rent, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed,always providing that the entrance to the Premises shall not be blocked thereby,and further providing that the business of the Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises,and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults, safes and files, and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency,in order to obtain entry to the Premises without liability to Tenant except for any failure to exercise due care for Tenant's property and any entry to the Premises obtained by Landlord by any of said means, or otherwise,shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of,the Premises,or an eviction of Tenant from the Premises or any portion thereof. 22. TENANT'S DEFAULT. The occurrence of any one or more of the following events shall constitute a default and breach of this lease by Tenant: 22A. The failure by Tenant to make any payment of rent or any other payment required to be made by Tenant hereunder,as and when due,where such failure shall continue for a period of ten(10)days after written notice thereof by Landlord to Tenant. 22B. The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by the Tenant, where such failure shall continue for a period of thirty (30) days after written notice hereof by Landlord to Tenant; provided,however,that if the nature of Tenant's default is such that more than thirty(30)days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within ten (10) days of notice from Landlord and thereafter diligently prosecutes such cure to completion. 22C. The making by Tenant of any general assignment or general arrangement for the benefit of creditors; or the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt, or a petition or reorganization or arrangement under any law relating to bankruptcy;or the appointment of a trustee or a receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged in thirty(30)days. 23. REMEDIES IN DEFAULT. In the event of any such default or breach by Tenant, Landlord may at any time thereafter,with or without notice or demand and without limiting Landlord in the exercise of a right or remedy which Landlord may have by reason of such default or breach: 23A. 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. Landlord may terminate this Lease forthwith by written notice thereof to Tenant or by leaving upon the Premises or by affixing to an entrance door to the Premises notice �l terminating the Lease. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including,but not limited to,the cost 99999-6028/LEGAL 13 867066.1