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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 /> e. 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 subordination, non- <br /> disturbance, and attornment agreement (SNDA) executed by Lessor, Lessee and <br /> Lessee's lender and/or any related loan documents, this Lease or any estate of Lessee <br /> hereunder is levied upon under any attachment or execution and such attachment or <br /> execution is not vacated within thirty(30)days. <br /> 15.02 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 /> a. Terminate this Lease. Lessor may terminate this Lease on written notice to Lessee. In <br /> such event, Lessee shall immediately surrender the Leased Premises to Lessor and, if <br /> Lessee fails to do so, Lessor may enter and take possession of the Leased Premises and <br /> remove Lessee and any other person occupying the Leased Premises, using reasonable <br /> force if necessary, without prejudice to any other remedy it may have for possession or <br /> arrearages in Rent and without being liable for any resulting damages. Lessee agrees to <br /> pay to Lessor the actual and reasonable amount of related costs and expenses incurred by <br /> Lessor,inclusive of reasonable attorney and court costs,within thirty(30)days of Lessor's <br /> request for payment, accompanied by evidence of such costs and expenses. If Lessor <br /> terminates this Lease, Lessee shall be deemed to have relinquished all right, title and <br /> interest in and to all Improvements (exclusive of Lessee's removable trade fixtures and <br /> equipment), and the same shall become the property of Lessor. <br /> b. Relet the Leased Premises and Receive the Rent. Lessor may terminate Lessee's right to <br /> possession of the Leased Premises and enjoyment of the rents,issues and profits there from <br /> without terminating this Lease or the estate created hereby. If Lessor retakes possession of <br /> the Leased Premises as provided herein,Lessor may lease,manage and operate the Leased <br /> Premises and collect the rents, issues and profits there from for the account of Lessee,and <br /> credit to the satisfaction of Lessee's obligations hereunder the net rental thus received,after <br /> deducting therefrom all reasonable, actual out-of-pocket third party costs and expenses of <br /> repossessing,leasing,managing and operating the Leased Premises. <br /> C. Enter and Perform. Lessor shall have the right, but not the obligation, to enter upon the <br /> Leased Premises and perform any obligation that Lessee has failed to perform. All <br /> reasonable and actual costs and expenses incurred by Lessor in performing such obligations <br /> of Lessee shall be deemed additional Rent payable by Lessee to Lessor. <br /> -16- <br />