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PROPERTY COVERAGES REQUIRED BY THIS LEASE. THE PARTY INCURRING THE DAMAGE <br />OR LOSS WILL BE RESPONSIBLE FOR ANY DEDUCTIBLE OR SELF-INSURED RETENTION <br />UNDER ITS PROPERTY INSURANCE. LANDLORD AND TENANT WILL NOTIFY THE ISSUING <br />PROPERTY INSURANCE COMPANIES OF THE RELEASE SET FORTH IN THIS PARAGRAPH AND <br />WILL HAVE THE PROPERTY INSURANCE POLICIES ENDORSED, IF NECESSARY, TO PREVENT <br />INVALIDATION OF COVERAGE. THIS RELEASE WILL NOT APPLY IF IT INVALIDATES THE <br />PROPERTY INSURANCE COVERAGE OF THE RELEASING PARTY. THE RELEASE IN THIS <br />PARAGRAPH WILL APPLY EVEN IF THE DAMAGE OR LOSS IS CAUSED IN WHOLE OR IN <br />PART BY THE ORDINARY NEGLIGENCE OR STRICT LIABILITY OF THE RELEASED PARTY <br />OR ITS AGENTS BUT WILL NOT APPLY TO THE EXTENT THE DAMAGE OR LOSS IS <br />CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE RELEASED <br />PARTY OR ITS AGENTS. <br />8. Default by Landlord/Events. Defaults by Landlord are failing to comply with <br />any provision of this lease within thirty days after written notice and failing to provide Essential <br />Services to Tenant within ten days after written notice. <br />9. Default by Landlord/Tenant's Remedies. Tenant's remedies for Landlord's <br />default are to terminate this Lease. <br />10. Default by Tenant/Events. Defaults by Tenant are (a) abandoning or vacating a <br />substantial portion of the Premises, and (b) failing to comply within ten days after written notice <br />with any provision of this lease. <br />11. Default by Tenant/Landlord's Remedies. Landlord's remedies for Tenant's <br />default are to (a) enter and take possession of the Premises, (b) enter the Premises and perform <br />Tenant's obligations, and (c) terminate this lease by written notice and sue for damages. <br />Landlord may enter and take possession of the Premises by self-help, by picking or changing <br />locks if necessary, and may lock out Tenant or any other person who may be occupying the <br />Premises, until the default is cured, without being liable for damages. <br />12. Default/Waiver/Mitigation. It is not a waiver of default if the nondefaulting <br />party fails to declare a default or delays more than thirty (30) in taking any action. Pursuit of any <br />remedies set forth in this lease does not preclude pursuit of other remedies in this lease or <br />provided by applicable law. Landlord and Tenant have a duty to mitigate damages. <br />13. Security Deposit. If Tenant defaults, Landlord may use the Security Deposit to <br />repair any damage or injury, or to pay any expense or liability incurred by Landlord as a result of <br />the default. The Security Deposit will be returned to Lessee within sixth (60) days of the end <br />date of the term. The parties acknowledge that utility costs will be deducted from the security <br />deposits. <br />14. Holdover. If Tenant does not vacate the Premises following termination of this <br />lease, Tenant will become a tenant at will and pay $100 per day in rent and must vacate the <br />Premises on receipt of notice from Landlord. No holding over by Tenant, whether with or <br />without the consent of Landlord, will extend the Term. <br />11 <br />