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d. Other Remedies. Lessor may exercise any other right or remedy available to Lessor under <br /> this Lease or at law or in equity. <br /> e. Default by Lessor. Lessor shall be deemed to be in default of this Lease(herein,a"Lessor <br /> Default")if Lessor shall fail to keep,perform or observe any of the covenants,agreements, <br /> terms or provisions contained in this Lease that are to be kept or performed by Lessor and <br /> Lessor shall fail to cure such failure within thirty (30) days after delivery by Lessee to <br /> Lessor of written notice specifying the failure; provided, so long as the subject default did <br /> not occur due to Lessor's breach of an affirmative covenant herein (e.g., pursuant to <br /> Sections 1.0 1, 1.05, 1.06,7.01(a),9.02 and Article 8),if the failure is curable other than by <br /> the payment of money but cannot be cured within such thirty(30)day period,Lessor shall <br /> not be in default if Lessor commenced cure of the failure during such thirty(30)day period <br /> and thereafter diligently and continuously pursues the cure to its completion. <br /> 15.03 Lessee's Remedies. If a Lessor Default occurs,Lessee may at any time thereafter and prior to the <br /> cure thereof do any one or more of the following: <br /> a. Terminate this Lease. Lessee may terminate this Lease by giving Lessor written notice <br /> thereof, in which event this Lease and the leasehold estate hereby created and all interest <br /> of Lessee and all parties claiming by,through or under Lessee shall automatically terminate <br /> upon the effective date of such notice and, except for the obligations of the parties which <br /> survive closing and Lessee's rights under b. below(which shall survive termination), the <br /> parties shall have no further rights or obligations hereunder; or <br /> b. Other Remedies. Lessee may exercise any other right or remedy available to Lessee under <br /> this Lease or under Applicable Law,except as expressly limited by the terms of this Lease. <br /> 15.04 Acceptance of Rent. The acceptance by Lessor of Lessee's monthly payments subsequent to the <br /> occurrence of any event of default shall be considered to be compensation for Lessee's use and <br /> occupancy of the Leased Premises, and shall in no way constitute a waiver by Lessor of its right to <br /> exercise any remedy provided for any event of default. <br /> ARTICLE 16: LESSOR'S LIEN <br /> 16.01 Subordination of Lessor's Lien. Upon written request from Lessee, Lessor agrees to reasonably <br /> subordinate its statutory and contractual landlord's liens on the Improvements or Lessee's personal <br /> property and trade fixtures to the lien of a lender providing financing to the Lessee,consistent with <br /> the terms of this Lease. <br /> ARTICLE 17: LESSEE'S MORTGAGE OF LEASEHOLD INTEREST <br /> 17.01 Mortgage of Leasehold Estate. Lessor grants permission to Lessee for the mortgaging of Lessee's <br /> leasehold interest in the Leased Premises for the sole purpose of obtaining funding for permanent <br /> improvements to the Leased Premises. Lessee will provide written notification to Lessor of each <br /> such mortgage within ten (10) days after it is executed. Lessor agrees that any lien in its favor <br /> arising under this Lease as to the Leased Premises will be subordinate to the lien of the mortgagee <br /> under each such mortgage. This clause is self-operative and no further instrument of subordination <br /> need be required by any mortgagee of Lessee. The mortgaging by Lessee of its leasehold interest <br /> for any other purpose,however,shall require the advance written approval of Lessor. In no event, <br /> however, shall any lien be asserted against the underlying fee simple interest of Lessor in the <br /> Leased Premises. <br /> -17- <br />