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<br />b. If there is a condemnation or purchase in lieu of condemnation and this <br />lease is not terminated, Landlord will, at Landlord's expense, restore the Premises, <br />and the Rent payable during the unexpired portion of the Term will be adjusted as <br />may be fair and reasonable. <br /> <br />c. Tenant will have no claim to the condemnation award or proceeds in lieu <br />of condemnation. <br /> <br />3. Default by Landlord/Events. Defaults by Landlord are failing to comply with any <br />provision of this lease within thirty days after written notice and failing to provide Essential <br />Services to Tenant within ten days after written notice. <br /> <br />4. Default by LandlordlTenant's Remedies. Tenant's remedies for Landlord's <br />default are to sue for damages and, if Landlord does not provide an Essential Service for thirty <br />days after default, terminate this lease. <br /> <br />5. Default by Tenant/Events. Defaults by Tenant are (a) failing to pay timely Rent, <br />(b) abandoning or vacating a substantial portion of the Premises, and ( c) failing to comply within <br />ten days after written notice with any provision of this lease other than the defaults set forth in (a) <br />and (b) above. <br /> <br />6. Default by Tenant/Landlord's Remedies. Landlord's remedies for Tenant's <br />default are to (a) enter and take possession of the Premises, after which Landlord may relet the <br />Premises on behalf of Tenant and receive the rent directly by reason of the reletting, and Tenant <br />agrees to reimburse Landlord for any expenditures made in order to relet; (b) enter the Premises <br />and perform Tenant's obligations; and (c) terminate this lease by written notice and sue for <br />damages. Landlord may enter and take possession of the Premises by self-help, by picking or <br />changing locks if necessary, and may lock out Tenant or any other person who may be occupying <br />the Premises, until the default is cured, without being liable for damages. <br /> <br />7. Default/Waiver/Mitigation. It is not a waiver of default if the nondefaulting party <br />fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set <br />forth in this lease does not preclude pursuit of other remedies in this lease or provided by <br />applicable law. Landlord and Tenant have a duty to mitigate damages. <br /> <br />8. 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 <br />extend the Term. <br /> <br />9. Alternative Dispute Resolution. Landlord and Tenant agree to mediate in good <br />faith before filing a suit for damages. <br /> <br />5 <br />