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ARTICLE 13: EVENTS OF DEFAULT AND REMEDIES• TERMINATION <br />13.01 Events of Default. The following events shall constitute "events of default" by Lessee under this <br />Lease: <br />a. Rent. Lessee fails to pay when due any rental or any other sums or charges due under this <br />Lease, and such failure continues for ten (10) days following written notice thereof <br />(provided, however, that Lessor shall be obligated to give only two such notices in any <br />calendar year, and after such two notices, Lessor will no longer be obligated to give any <br />other notice under this section within such calendar year). <br />b. Other Breaches. Failure by Lessee to observe or perform any of the covenants, conditions <br />or provisions of this Lease to be observed or performed by Lessee, other than as described <br />in subsection a above, where such failure continues for a period of thirty (30) days after <br />written notice by Lessor to Lessee; provided, if the nature of Lessee's obligation which it <br />has failed to perform is such that more than thirty (30) days are reasonably required for its <br />cure, then it shall not be deemed an event of default if Lessee commences such cure within <br />the thirty (30) day period and, having so commenced, thereafter prosecutes with diligence <br />and completes the curing of such failure or breach within a reasonable time; or <br />C. Certain Voluntary Acts. Lessee (i) files, or consents by answer or otherwise to the filing <br />against it if, a petition for relief or reorganization or arrangement or any other petition in <br />bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other <br />debtors' relief law of any jurisdiction, (ii) makes an assignment for the benefit of its <br />creditors, or (iii) consents to the appointment of a custodian, receiver, trustee or other <br />officer with similar powers of Lessee or of any substantial part of Lessee's property; or <br />d. Receivership; Bankruptcy. Without consent by Lessee, a court or government authority <br />enters an order, and such order is not vacated within thirty (30) days, (i) appointing a <br />custodian, receiver, trustee or other officer with similar powers with respect to Lessee or <br />with respect to any substantial part of Lessee's property, or (ii) constituting an order for <br />relief or approving a petition for relief or reorganization or arrangement or any other <br />petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency <br />or other debtors' relief law of any jurisdiction, or (iii) ordering the dissolution, winding up <br />or liquidation of Lessee; or <br />C. Vacation or Failure to Operate. Except in connection with construction, alteration, <br />casualty, eminent domain, act of Lessor, the United States of America or the State of Texas <br />which precludes occupation and use of the Leased Premises or Force Majeure, Lessee <br />vacates or fails to use all or any substantial portion of the Leased Premises for one hundred <br />(120) consecutive days; or <br />f. Levy or Attachment. Except as permitted pursuant to a SNDA executed by Lessor, <br />Lessee and Lessee's lender and/or any related loan documents, this Lease or any estate <br />of Lessee hereunder is levied upon under any attachment or execution and such attachment <br />or execution is not vacated within thirty (30) days. <br />13.02 Lessor Remedies. If an event of default occurs and the applicable cure period has expired, at <br />any time after such occurrence and prior to the cure thereof, with or without additional <br />notice or demand and without limiting Lessor's rights or remedies as a result of the event <br />of default, Lessor may do the following: <br />11 <br />