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r <br /> days, or in the case of an Event of Default not capable of curing in thirty (30) days, does not <br /> commence curing the Event of Default within thirty (30) days and diligently prosecute such curing <br /> to completion: <br /> (01) Terminate this Lease Agreement and the leasehold estate created in this Lease <br /> Agreement and exclude Lessee from possession of the Leasehold Property, the <br /> Improvements, and any other improvements thereon; <br /> (02) Reenter and take possession of the Leasehold Property without terminating this Lease <br /> Agreement or the leasehold estate created in this Lease Agreement, sublease the Leasehold <br /> Property, the Improvements(and any other improvements thereon) for the account of Lessee, <br /> holding Lessee liable for any deficiency in rents; <br /> (03) Cure any default by Lessee pursuant to any mortgage approved by Lessor pursuant <br /> to this Lease Agreement and charge any sums paid in connection with curing such default as <br /> Additional Rent payable by Lessee; or <br /> (04) Take whatever'action at law or in equity may appear necessary or appropriate to <br /> collect rental payments or Additional Rent due under this Lease Agreement, or to obtain <br /> performance and observance of any obligation, agreement or covenant to be performed by <br /> Lessee under this Lease Agreement. <br /> 12.3) Exercise of Remedies - No remedy herein conferred upon or reserved to Lessor is <br /> intended to be exclusive of any other available remedy or remedies, but each and every such remedy <br /> shall be cumulative and shall be in addition to every other remedy given under this Lease Agreement <br /> or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any <br /> remedy shall be construed to be a waiver of the right to exercise such remedy. No waiver of the right <br /> to exercise any particular remedy shall be construed to be a waiver of the right to exercise any other <br /> remedy. No waiver of the exercise of all remedies with respect to an Event of Default shall be <br /> construed to be a waiver of any remedies with respect to any other Event of Default. <br /> ARTICLE 13. <br /> SURRENDER <br /> 13.1) Surrender-Except as is herein otherwise provided, Lessee shall on the last day of the <br /> Term or upon any earlier termination of this Lease Agreement, surrender and deliver up the <br /> Leasehold Property and the Improvements to the possession and use of Lessor without delay and in <br /> good order, condition and repair, except for reasonable wear and tear after the last necessary repair, <br /> replacement, restoration or renewal made by Lessee, pursuant to its obligations hereunder, free and <br /> clear of all lettings and occupancies other than subleases then terminable at the option of the lessor <br /> thereof, and free and clear of all liens and encumbrances other than those, if any, presently existing <br /> or created or suffered by Lessor, without any payment or allowance whatever by Lessor on account <br /> of any improvements which may be on the Leasehold Property. <br /> BURNIS 566679,5 18 of 23 <br />