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NEGOTIATING KEY LEASE PROVISIONS A Landlord's Point of View - page 49 / 60

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included in the term "Rent") and to enter upon the Premises to do any work or other things therein, and in such event all reasonable expenses of Landlord in remedying or attempting to remedy such default shall be payable by Tenant to Landlord on demand;

(b)

to terminate this Lease forthwith by written notice thereof to Tenant or by leaving upon

the Premises or by affixing to an entrance door to 'he Premises notice terminating the Lease;

(c)

Any other remedies available at law or in equity or as elsewhere provided in this Lease.

Late Charges; Interest and Repeated Delinquency. Tenant hey acknowledges that late payment by Tenant of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Property. Therefore, in the event Tenant shall fail to pay any installment of Rent or any other sum due hereunder (including, without limitation, all monies expended by Landlord in attempting to remedy defaults of Tenant as provided in Section _____ hereof) within ten (10) days after such amount is due, Tenant shall pay to Landlord a late charge equal to two percent (2%) of such amount but in no event less than the sum of Fifty Dollars ($50). The parties hereto agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall neither constitute a waiver of Tenant's default with respect to such overdue amount nor prevent Landlord from exercising any other right or remedy granted under this Lease. In addition, all overdue Rent and other such sums shall bear interest at the lesser of (i) two percent above the prime rate of interest charged by the Hank of America National Trust i savings Association to its most credit-worthy customers on the date the overdue Rent or such other sum was due or (ii) the maximum rate then permitted by applicable law, such interest to start accruing thirty (30) days after such overdue Rent or other such sums are due.

Damages. If Landlord elects to terminate this Lease pursuant to Section pay landlord, and Landlord say recover from Tenant:

____

, then Tenant shall

(a)

the worth at the time of award of any unpaid Rent that had been earned at the time of

such termination: plus

(b)

the worth at the time of award of the amount by which the unpaid Rent that would have

been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves reasonably could have been avoided: plus

(c)

the worth at the time of award of the amount by which the unpaid Rent for the balance of

the term after the time: of award exceeds the amount of such rental loss that Tenant proves reasonably could be avoided: plus

99999\11111\215691.V01 JDC

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