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DRAFT <br /> for 30 days after notice from Landlord; provided, however, that if the nature of <br /> such default is such that Tenant can cure the default, but not within fifteen (15) <br /> days, then the Event of Default shall be suspended for a period not in excess of <br /> thirty (30) additional days so long as Tenant commences cure within fifteen (15) <br /> days and thereafter diligently and continuously prosecutes the curing of the <br /> default, and so long as continuation of the default does not create material risk to <br /> the Building or to persons using the Building; <br /> (iii) Tenant shall file or have filed against it or any guarantor of this <br /> Lease any bankruptcy or other creditor's action, or make an assignment for the <br /> benefit of its creditors. <br /> If an Event of Default shall have occurred and be continuing, Landlord may at its sole <br /> option by written notice to Tenant terminate this Lease. Neither the passage of time after the <br /> occurrence of the Event of Default nor exercise by Landlord of any other remedy with regard to <br /> such Event of Default shall limit Landlord's rights. <br /> If an Event of Default shall have occurred and be continuing, whether or not Landlord <br /> elects to terminate this Lease, Landlord may enter upon and repossess the Premises (said <br /> repossession being hereinafter referred to as "Repossession") by force, summary proceedings, <br /> ejectment or otherwise, and may remove Tenant and all other persons and property therefrom. <br /> From time to time after Repossession of the Premises, whether or not this Lease has been <br /> terminated, Landlord may, but shall not be obligated to, attempt to relet the Premises for the <br /> account of Tenant in the name of Landlord or otherwise, for such term or terms (which may be <br /> greater or less than the period which would otherwise have constituted the balance of the Term) <br /> and for such terms (which may include concessions or free rent) and for such uses as Landlord, <br /> in its uncontrolled discretion, may determine, and may collect and receive the rent therefore. <br /> Any rent received shall be applied against Tenant's obligations hereunder, but Landlord shall not <br /> be responsible or liable for any failure to collect any rent due upon any such reletting. <br /> No termination of this Lease and no Repossession of the Premises pursuant to this <br /> Section or otherwise shall relieve Tenant of its liabilities and obligations under this Lease, all of <br /> which shall survive any such termination or Repossession. In the event of any such termination <br /> or Repossession, whether or not the Premises shall have been relet, Tenant shall pay to Landlord <br /> the Rent and other sums and charges to be paid by Tenant up to the time of such termination or <br /> Repossession, and thereafter Tenant, until the end of what would have been the Term in the <br /> absence of such termination or Repossession, shall pay to Landlord, as and for liquidated and <br /> agreed current damages for Tenant's default, the equivalent of the amount of the Rent and such <br /> other sums and charges which would be payable under this Lease by Tenant if this Lease were <br /> still in effect, less the net proceeds, if any, of any reletting effected pursuant to the provisions of <br /> this Section after deducting all of Landlord's expenses in connection with such reletting, <br /> including, without limitation, all repossession costs, brokerage and management commissions, <br /> operating expenses, legal expenses, attorneys' fees, alteration costs, and expenses of preparation <br /> for such reletting. Tenant shall pay such current damages to Landlord monthly on the days on <br /> which the Rent would have been payable under this Lease if this Lease were still in effect, and <br /> 9 <br /> 416585v5 SJR MU210-35 <br />