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proceedings or, if the Premises is abandoned, to enter and take possession by any lawful means. In addition, Landlord will have the
<br />• right to pursue all other remedies available, including a claim for damages. If Landlord pursues any such remedies (and regardless of
<br />whether such remedies are prosecuted to judgment), Tenant will be liable as follows:
<br />(a) For all past due rent and other charges
<br />(b) For all additional rent (future rent) that would have accrued until the expiration of the term of occupancy under this Lease or until
<br />a new lease term begins (provided (1) that this will not affect Landlords duty to minimize the damages by making reasonable efforts
<br />to enter into a new lease as soon as practical, and (ii) that if Landlord obtains ajudgment for future rent, Landlord shall apply as a
<br />credit towards that judgment all funds received by Landlord as rent for the Premises for these months for which the judgment for
<br />future rent was awarded.
<br />( c) For all expenses Landlord may incur for cleaning, painting and repairing the Premises due to TenantUs failure to leave the
<br />Premises thoroughly clean and in good condition, reasonable wear and tear excepted;
<br />(d) For any court costs and reasonable attorneys fees incurred by Landlord (1) in collecting rent, other charges or damages, and (ii) in
<br />obtaining possession of the Premises;
<br />(e) For a collection fee equal to 25% of the judgment amount for rent, damages, court costs and attomeys fees. Tenant understands
<br />and agrees that this amount represents damages landlord will be likely to incur in efforts to obtain ajudgment against Tenant
<br />(including time and effort spent in case investigation, correspondence, filling suit, discussions with lawyers, case preparation and
<br />court attendance) and to collect such ajudgment. If Tenant has breached the Lease by failing to pay rent when due, Landlord shall
<br />give a written notice to Tenant stating that the Lease will terminate within 5 days if the rent is not paid. If Tenant fails to pay the rent
<br />within that 5 day period, Landlord may terminate the Lease and proceed to obtain possession of the Premises by filing an unlawful
<br />detainer proceeding. In that proceeding, Landlord may pursue a claim for rent and other damages. In connection with breaches other
<br />than failure to pay rent, if a material noncompliance with this Lease exists or if there is a violation materially affecting health and
<br />safety, Landlord may serve Tenant with a written notice stating that acts or omissions constituting the breach and stating (1) that the
<br />Lease will terminate upon a date not less than 30 days after Tenant receives the notice unless the breach is remedied within 21 days,
<br />and (ii) that the lease will terminate as set forth in the notice. If the breach is remedial by repairs or the payment of damages and
<br />Tenant adequately remedies the breach within 21 days or such longer period of time as Landlord may allow, the Lease shall not
<br />terminate. On the other hand, if the breach is not remedial, Landlords written notice to Tenant may state the acts and omissions
<br />•constituting the breach and state that the lease will terminate upon a specific date, which date may not be less than 30 days after
<br />Tenant receives the notice.
<br />25. BREACH BY LANDLORD. If Landlord (a) commits a material breach of this Lease, or (b) fails to a substantial extent to
<br />comply with any laws with which Landlord must comply and which materially affect TenantOs health and safety, Tenant may give
<br />written notice to Landlord identifying the acts and conditions on the Premises concerning Landlords breach and stating that this lease
<br />will terminate upon a specific date (which must be 30 days or more from the date Landlord receives the notice) unless Landlord
<br />remedies the breach within 21 days. If Landlord remedies the breach within that 21 day period, this Lease will not be subject to
<br />termination by Tenant in that instance. Tenant will not have the right to terminate this Lease because of conditions caused by the
<br />intentional or negligent acts of Tenant or persons on the Premises with TenantOs consent.
<br />26. RENT WITHHOLDING. Tenant may not withhold rent because of conditions on the Premises which Landlord is required to
<br />repair unless Tenant has given Landlord written notice of the condition and landlord has failed to successfully repair the condition
<br />within a reasonable period of time. If Tenant withholds rent because Landlord has breached the Lease, Tenant must immediately give
<br />Landlord a second written notice of the breach and of any conditions of the Premises which Landlord is required to remedy or repair
<br />and must state that rent is being withheld for such reasons. If Landlord then sues Tenant for possession of the Premises or for
<br />withheld rent, Tenant must promptly pay the rent to the court, which will hold the rent until it decides what portion, if any, should be
<br />paid to Landlord. If conditions exist which Landlord is required to remedy and which creates a fire hazard or serious threat to the
<br />health or safety of Tenant, Tenant may file an action in a court of competent jurisdiction to terminate the Lease, to require Landlord to
<br />repair the Premises, or to obtain other relief. In such and action, Tenant may pay rent to the court to be held until TenantBs action is
<br />decided. If Tenant withholds rent or pays rent into court under this section and the court finds (a) that Tenant has acted in bad faith,
<br />(b) that Tenant, TenantOs family or guests have caused the conditions or have refused unreasonably to allow Landlord or Landlords
<br />written notice of the condition, Tenant will be liable for LandlordOs reasonable costs, including costs for time spent, court costs, any
<br />repair costs due to Tenant0s violation of the Lease, and attorneys fees.
<br />27. NOTICES. All notices in writing required or permitted by this Lease may be delivered in person, or sent by mail (postage
<br />•prepaid) to Landlord, Tenant or Agent at such party0s address, as set forth above or at such other address as a party may designate
<br />from time to time by notice given in accordance with the terms of this section.
<br />28. HEADINGS. The headings of the sections of this Lease are inserted for convenience only and do not alter or amend the
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