O-2019-3743 Authorization to enter an agreement with Fairmont Park West HOA

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possession of such premises and no receiver, trustee in bankruptcy, or assigns for the benefit of creditors shall acquire in any such case any of the rights of the LESSEE hereunder; the landlord's lien, however, in such event, shall not cease and the liability of the LESSEE for the damages on account of breach of any obligation to be performed by the LESSEE under the terms of this lease shall continue and remain in full force and effect. XIV. Failure on the part of the LESSEE to perform any of the terms, agreements, conditions and covenants imposed by this lease shall, at the option of the LESSOR, give right to LESSOR to cancel the lease and all rights of LESSEE shall be thereupon terminated and all buildings and permanent improvements placed on the leased premises by LESSEE shall become the property of the LESSOR; provided, however, LESSEE shall have at least sixty (60) days or agreed-upon days written notice from LESSOR in which to correct any default before cancellation. Upon receiving the written notice from the LESSOR, the LESSEE shall provide a written response and plan to remedy the default. LESSOR and LESSEE will negotiate in good faith to address and implement LESSEE's plan for correcting the default. In the event that LESSEE fails to correct any such default during such sixty (60) day period or agreed- upon days, LESSOR, its agents or attorneys, shall have the right to re-enter and remove all persons therefrom without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears of rent or breach of covenant, or LESSOR, its agents or attorneys, may resume possession of the premises and re -let the same for the remainder of the term for the best rental it may obtain, for account of LESSEE, which shall make good any deficiency. The failure of the LESSOR to insist in any one or more instances upon performance of any of the terms or conditions of this lease shall not be construed as a waiver or relinquishment of the future performance of any such term or condition. XV.