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21.3 Sublessor's Right to Cure. If Subtenant fails to perform any of its obligations under
<br /> this Sublease in accordance with the terms hereof, then, after five (5) days' written notice to
<br /> Subtenant and after the lapse of the applicable cure period, if any, provided for under this Sublease
<br /> for defaults (except in case of emergency, in which event no prior notice shall be required),
<br /> Sublessor may but shall not be obligated to cure such failure for the account of and at the expense
<br /> of Subtenant, and the amount of any costs, payments or expenses incurred by Sublessor in
<br /> connection with such cure (including reasonable attorneys' fees) shall be payable by Subtenant to
<br /> Sublessor as additional rent on demand, with interest thereon at the Default Rate (as defined
<br /> below). Sublessor shall be provided with a thirty (30) day period to cure any defaults under the
<br /> Prime Lease and the Sublease.
<br /> 21.4 Late Charges. If any payment due to Landlord or Sublessor under this Sublease
<br /> shall not be paid within five (5) days of the date when due, Subtenant shall pay, in addition to the
<br /> payment then due, an administrative charge equal to five percent (5%) of the past due payment.
<br /> All payments due Sublessor under this Sublease shall bear interest at a rate (the "Default Rate")
<br /> equal to the lesser of: (i) the default rate provided in the Prime Lease, which is one and one-half
<br /> percent (1 1/2%) per month (18% per annum), or (ii) the maximum rate allowed by law, accruing
<br /> from the date the obligation arose through the date payment is actually received by Sublessor.
<br /> 21.5 No Accord and Satisfaction. No payment by Subtenant or receipt by Landlord or
<br /> Sublessor of any lesser amount than the amount stipulated to be paid hereunder shall be deemed
<br /> other than on account of the earliest stipulated Base Rent, Additional Rent, or other sums due
<br /> under this Sublease; nor shall any endorsement or statement on any check or letter be deemed an
<br /> accord and satisfaction, and Sublessor and Landlord's right to recover the balance due or to pursue
<br /> any other remedy available to Sublessor or Landlord shall not be limited thereby.
<br /> 21.6 Waivers. No failure by Sublessor to insist upon the strict performance of any term,
<br /> covenant, agreement, provision, condition, or limitation of this Sublease or to exercise any right or
<br /> remedy consequent upon a breach thereof, and no acceptance by Sublessor of full or partial rent
<br /> during the continuance of any such breach, shall constitute a waiver of any such breach or of any
<br /> such term, covenant, agreement, provision, condition or limitation. No term, covenant, agreement,
<br /> provision, condition, or limitation of this Sublease to be kept, observed, or performed by
<br /> Subtenant, and no breach thereof, shall be waived, altered, or modified except by a written
<br /> instrument executed by Sublessor. No waiver of any breach shall affect or alter this Sublease, but
<br /> each and every term, covenant, agreement, provision, condition, and limitation of this Sublease
<br /> shall continue in full force and effect as to any other then existing or subsequent breach thereof.
<br /> 21.7 Remedies Cumulative. The remedies provided in this Sublease or presently or
<br /> hereafter existing at law or in equity shall be cumulative and concurrent, and may be exercised as
<br /> often as occasion therefor shall occur. No single or partial exercise by Sublessor of any remedy
<br /> shall preclude any other or further exercise of that remedy or of any other remedy.
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