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DocuSign Envelope ID:4AEDF5D1-91C4-4E23-9BE2-CB4482E858A1 <br /> D.8 Default by Landlord/Tenant's Remedies. Tenant's remedies for Landlord's default <br /> are to sue for damages and, if Landlord does not provide an Essential Service within thirty days <br /> after default,terminate this lease. <br /> D.9. Default by Tenant/Events. Defaults by Tenant are (a) failing to pay timely Rent, <br /> (b) abandoning the Premises or vacating a substantial portion of the Premises, and (c) failing to <br /> comply within ten days after written notice with any provision of this lease other than the defaults <br /> set forth in (a) and (b). <br /> D.10. Default by Tenant/Landlord's Remedies. Landlord's remedies for Tenant's default <br /> are to (a) enter and take possession of the Premises and sue for Rent as it accrues; (b) enter and <br /> take possession of the Premises, after which Landlord may relet the Premises on behalf of Tenant <br /> and receive the Rent directly by reason of the reletting, and Tenant agrees to reimburse Landlord <br /> for any expenditures made in order to relet; (c) enter the Premises and perform Tenant's <br /> obligations; and(d)terminate this lease by written notice and sue for damages.Landlord may enter <br /> and take possession of the Premises by self-help, by picking or changing locks if necessary, and <br /> may lock out Tenant or any other person who may be occupying the Premises, until the default is <br /> cured, without being liable for damages. <br /> D.11. Default/Waiver. It is not a waiver of default if the nondefaulting party fails to <br /> declare immediately a default or delays in taking any action.Pursuit of a remedy does not preclude <br /> pursuit of another remedy. <br /> D.12. Mitigation. Landlord has mitigated the loss of rent if Landlord, within thirty days <br /> after Tenant's loss of possession, (a) places a "For Lease" sign at the Premises, (b) places the <br /> Premises on Landlord's inventory of properties for lease, (c)makes Landlord's inventory available <br /> to area brokers on a monthly basis, (d) advertises the Premises for lease in a suitable trade journal <br /> in the county in which the Premises are located, and(e) shows the Premises to prospective tenants <br /> who request to see it. <br /> D.13 Security Deposit. If Tenant defaults, Landlord may use the Security Deposit to pay <br /> arrears of Rent, to repair any damage or injury, or to pay any expense or liability incurred by <br /> Landlord as a result of the default. <br /> D.14. Holdover. If Tenant does not vacate the Premises following termination of this <br /> lease, Tenant will become a tenant at will and must vacate the Premises on receipt of notice from <br /> Landlord.No holding over by Tenant,whether with or without the consent of Landlord,will extend <br /> the Term. If Tenant does not vacate on termination date then the tenant will pay the entire next <br /> month in full plus NNN charges without proration. If the tenant does not vacate by the second <br /> month base rent will be charged at 150%. <br /> D15. Alternative Dispute Resolution. Landlord and Tenant agree to mediate in good faith <br /> before filing a suit for damages. <br /> -8- <br />