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1 <br /> ARTICLE 12, <br /> EVENTS OF DEFAULT <br /> 12.1) Events of Default Defined - The following shall be "Events of Default" under this <br /> Lease Agreement and the"Event of Default" shall mean, whenever used in this Lease Agreement, any <br /> one or more of the following events: <br /> (01) Failure by Lessee to pay any rental payments or Additional Rents due under this Lease <br /> Agreement; <br /> (02) Failure by Lessee to construct the Improvements in accordance with the Construction <br /> Plans, and in accordance with the terms of this Lease Agreement. <br /> (03) Construction of improvements on the Leasehold Property other than the <br /> Improvements, without the express written consent of Lessor, <br /> (04) Suspending or discontinuing the use of the Improvements for the use specified in <br /> Section 7.3 without the express written consent of Lessor; <br /> (05) Failure to keep the Leasehold Property free and clear from all liens for labor <br /> performed or materials furnished; <br /> (06) Failure to pay any Impositions on the Leasehold Property; <br /> (07) Failure to pay for two (2) consecutive months any charges for cleaning and building <br /> services, gas, water, steam, electricity, light, heat, air conditioning, power, telephone, or other <br /> service or utility used, rendered, or supplied to or in connection with the Leasehold Property <br /> and Improvements, <br /> (08) Failure to permit an inspection by Lessor as required in Article 10 of this Lease <br /> Agreement; <br /> (09) The execution of any transfer, conveyance, assignment, mortgage, contract or <br /> sublease by Lessee in contravention of Article I 1 of this Lease Agreement; <br /> (10) Default by Lessee under any mortgage approved by Lessor pursuant to the terms of <br /> the Lease Agreement or under the Easement Agreement between Lessor and Lessee of even <br /> date herewith; or <br /> (11) Failure to comply with any other term, recital, or condition of this Lease Agreement. <br /> 12.2) Remedies on Default - Lessor may, but shall have no obligation to, exercise any one <br /> or more of the following remedies after thirty (30) days' written notice to Lessee of the occurrence <br /> of the Event of Default, but only if Lessee does not cure the Event of Default within such thirty (30) <br /> BURNIS 566679.5 17 of 23 <br />