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22. DEFAULT AND RE-ENTRY


If during the term of this Lease, Tenant shall:

(a) fail to pay any installment of the Rent or Extended Term Rent as and when the same becomes due and payable, and such default shall continue for a period of ten (10) Business Days following Landlord's written notice of same, or

(b) default in its performance of or compliance with any of the other agreements, terms or conditions of this Lease, and such default shall continue for a period of thirty (30) days after notice by Landlord to Tenant; provided that if the nature of Tenant's obligation is such that more than thirty (30) days are required for performance, Tenant shall not be in default if Tenant commences performance within the thirty (30) day period and thereafter diligently proceeds to completion; then Landlord may at its option, by written notice to Tenant, designate a date, not fewer than twenty (20) Business Days from the giving of such notice, on which the Initial Term or any applicable Extended Term of this Lease shall terminate; and thereupon, on such date, unless such default shall have been cured, all rights of Tenant under this Lease shall terminate in all respects as if the date fixed in such notice were the date originally fixed in this Lease for the termination or expiration thereof. Upon termination, Tenant shall reimburse Landlord for any unamortized tenant improvement cost, rent abatement and other Landlord allowances and concessions, brokerage fees, late charges, and pay Landlord a liquidated damage percentage stated in item 21 of the total remaining base rent for the balance of the unexpired lease term.

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