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f. The Lessee abandons or vacates all or any substantial portion of the Leased Premises for 120 <br /> consecutive days. <br /> g. Lessee defaults on any mortgage advanced by a lender to finance the Facilities,improvements, <br /> or fixtures for the Leased Premises <br /> 12.02. The acceptance by the Lessor of the Lessee's monthly payments subsequent to the occurrence of <br /> any event of default shall be considered to be compensation for Lessee's use and occupancy of the <br /> Leased Premises, and shall in no way constitute a waiver by the Lessor of its right to exercise any <br /> remedy provided for any event of default. <br /> 12.03. Upon the occurrence of any of the events of default,the Lessor shall have the option to pursue any <br /> one(1) or more of the following remedies without any notice or demand whatsoever: <br /> a. Terminate this Lease. In this event the Lessee shall immediately surrender the Leased Premises <br /> to the Lessor, and if the Lessee fails to do so,the Lessor may enter and take possession of the <br /> Leased Premises and remove the Lessee and any other person occupying the premises,by force <br /> if necessary,without prejudice to any other remedy it may have for possession or arrearages in <br /> rent,and without being liable for any resulting damages. The Lessee agrees to pay to the Lessor <br /> the amount of all resulting costs, losses,and damages incurred by the Lessor within thirty(30) <br /> days of the Lessor's issuance of a statement to the Lessee. If Lessor terminates this Lease, <br /> Lessee shall be deemed to have relinquished all right,title and interest in and to all real property <br /> improvements and the Facilities on the Leased Premises and such shall become the property of <br /> the Lessor. <br /> b. Relet the Leased Premises and receive the rent. The Lessee agrees to pay to the Lessor any <br /> resulting costs,and any deficiency that may arise by reason of reletting,within thirty(30)days <br /> of the Lessor's issuance of a statement to the Lessee. <br /> c. Enter the Leased Premises, by force if necessary, without being liable for prosecution or any <br /> claim for damages,and do whatever the Lessee is obligated to do under the terms of this Lease. <br /> The Lessee agrees to reimburse the Lessor for any expenses the Lessor incurs in effecting <br /> compliance with the Lessee's obligations under this Lease, within thirty (30) days of the <br /> Lessor's issuance of a statement for the expenses to the Lessee. The Lessor and its officers, <br /> agents and employees shall not be liable for any damages or injuries that result to the Lessee <br /> from any action taken under this paragraph,whether caused by the negligence of the Lessor or <br /> otherwise. <br /> 12.04. The Lessor's pursuit of any of these remedies will not preclude pursuit of any other remedies <br /> provided under this Lease or by law,nor will pursuit of any remedy constitute a waiver of any rent <br /> due to the Lessor or of any damages caused to the lessor by any violation of this lease by the Lessee. <br /> Any failure by the Lessor to enforce a remedy upon an event of default shall not be deemed to <br /> constitute a waiver of the default or of the Lessor's right to insist on strict compliance with this <br /> Lease. <br /> Page 12 of 17 <br />