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against all actions, claims, demands, costs, damages or expenses of any kind which may be <br /> • brought or made against them or which they may pay or incur by reason of Tenant's occupancy <br /> of the Premises or Tenant's negligent performance of or failure to perform any of its obligations <br /> under this Lease. In case Landlord or its employees or agents shall, without fault on their part, <br /> be made a party to any litigation commenced by or against Tenant, then Tenant shall indemnity, <br /> defend and hold them harmless and shall pay all costs, expenses and reasonable attorney's fees <br /> incurred or paid by them or such managing agent in connection with such litigation. <br /> ARTICLE XXI. -DEFAULT AND REMEDIES <br /> 21.01 In the event: <br /> (a) Tenant shall at any time fail to pay any item of Rent when due, or <br /> (b) Tenant shall fail to keep, perform or observe any other covenant, agreement, <br /> condition or undertaking hereunder and shall fall to remedy such default within <br /> ten(10) days after written notice thereof has been mailed by Landlord to Tenant; <br /> or if such default is one that will take longer than ten (10) days to remedy, <br /> Tenant fails to commence curing such default within ten (10) days and/or fails <br /> diligently to pursue such cure to completion; or <br /> (c) The Premises shall be vacated by Tenant for any period for which Tenant has <br /> • not paid its Rent; <br /> Landlord shall have the right, without further notice to or demand, to re-enter and take exclusive <br /> possession of the Premises, with or without force or legal process, and to refuse to allow Tenant <br /> to enter the same or have possession thereof; to change the locks on the doors to the Premises; <br /> take possession of any furniture or other property in or upon the Premises (Tenant hereby <br /> waiving the benefit of all exemptions by law), sell the same at public or private sale without <br /> notice and apply the proceeds thereof to the costs of sale, payment of damages and payment of <br /> the rent due under this Lease; all without being liable to Tenant for any damages or to any <br /> prosecution therefor; and <br /> (i) As agent of Tenant to relet the Premises or any part thereof for the <br /> balance of the Lease term or for a shorter or longer term and receive <br /> the rents therefor, applying them first to the payment of the expense <br /> of such reletting and, second, to the payment of damages suffered to <br /> the Premises and rents due and to become due under this Lease, <br /> Tenant remaining liable for and hereby agreeing to pay Landlord any <br /> deficiency; or <br /> (ii) To cancel and terminate the remaining term of this Lease, re-enter <br /> and take possession of the Premises free of this Lease and thereafter <br /> • this Lease shall be null and void and the rents in such case shall be <br /> apportioned and paid on and up to the date of such entry. Thereafter <br /> 12 <br />