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8.0. EDSR 04-11-2005
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8.0. EDSR 04-11-2005
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4/11/2005
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(11) Sublease and Subletting. Sublessee may not assign this Sublease or sublet all or any <br /> • part of the Subleased Premises. Sublessee may not pledge this Sublease, or allow any liens to be <br /> placed hereon, or suffer this Sublease or any portion thereof to be attached or taken upon execution. <br /> (12) Sublessor's Right to Cure Defaults. If Sublessee shall default in the observance or <br /> performance of any of Sublessee's covenants, agreements or obligations hereunder, Sublessor may, <br /> but it is not obligated, and without limiting any other remedy which Sublessor may have by reason <br /> of such default, cure the default and charge the cost thereof to Sublessee including, without <br /> limitation, reasonable attorney's fees. Sublessee shall pay the same within ten (10) days after receipt <br /> of an invoice therefore from Sublessor, together with interest thereon at the lesser of the rate of <br /> twelve percent (12%) per annum or the maximum rate allowed by law. <br /> (13) A. Default by Sublessee. If Sublessee shall default in the payment of any <br /> installment of rent or other monies to be paid under this Sublease, or if Sublessee shall default in the <br /> observance or performance of any of Sublessee's other covenants, agreements or obligations <br /> hereunder, or if any proceeding is commenced by or against Sublessee for the purpose of subjecting <br /> the assets of Sublessee to any law relating to bankruptcy or insolvency, or for appointment of a <br /> receiver for Sublessee or for any of Sublessee's assets, or if Sublessee makes a general Sublease of <br /> Sublessee's assets for the benefit of creditors; then Sublessor, at its option, after giving sublessee ten <br /> (10) days written notice during which time sublessee may cure such default, may terminate this <br /> Sublease, may reenter the Subleased Premises and remove all persons and property therefrom, and <br /> have,regain and enjoy possession of the Subleased Premises and,in addition, Sublessor shall have all <br /> of the rights and remedies against Sublessee as are available to Landlord against Sublessor pursuant <br /> • to the Prime Lease. <br /> Sublessee hereby expressly waives service of any notice of Sublessor's intention to reenter and <br /> waives all right of restoration to possession of the Subleased Premises after reentry or after <br /> judgment for possession thereof. In case of any such termination, and in addition to any other <br /> remedies which Sublessor may have, Sublessee shall indemnify Sublessor for all damages Sublessor <br /> may incur by reason of such default, including the cost of recovering the Subleased Premises, <br /> reasonable attorney's fees and expenses incurred in enforcing any term of this Sublease, and the rent <br /> reserved in this Sublease for the remainder of the Term, all of which amounts shall be immediately <br /> due and payable to Sublessor. <br /> B. Default by Sublessor. If sublessor shall default in the observance or <br /> performance of any of sublessor's covenants, agreements, or obligations hereunder, sublessee shall <br /> have the right, after giving sublessor ten (10) days written notice, to terminate this sublease and to <br /> pursue all available remedies at law and in equity <br /> (14) Security Interest. Sublessor shall have a security interest in all exterior signs, floor <br /> coverings, or drapes, owned by Sublessee and installed on the Subleased Premises, for rent and other <br /> sums which may become due Sublessor, or upon any default, under this Sublease and the Prime <br /> Lease. Sublessee agrees and consents to such UCC filings as Sublessor may require as necessary to <br /> perfect such security interest. <br /> (15) Expenses and Attorney's Fees. In the event legal action is commenced by either <br /> party to enforce its rights hereunder, the non-prevailing party shall pay the prevailing party's <br /> reasonable attorney's fees within thirty (30) days of receipt of an invoice therefore. <br /> 4 <br />
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