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within thirty (30) calendar days after LESSEE or LESSORS, or both have <br />received notice of such lien, claim or encumbrance; or <br />(3) LESSEE shall fail to pay any item constitudng Rent when due to LESSOR <br />ad LESSEE shall continue in its failure to make any such payments for a <br />period of ten (10) calendar days after Notice is given to make such <br />payments; povided however LESSOR shall not be required to provide <br />Notice of non-payment of Rent on more than one (1) occasion in any <br />twelve (12) month period; or <br />(4) LESSEE shall fail to make any other payment required under this Lease <br />when due to LESSOR and shall continue in its failure to make any such <br />other payments required under this Lease for a period of fifteen (15) <br />calendar days after Notice is given to make such payments; or <br />(5) LESSEE shall fail to keep, perform and observe each and every non- <br />monetary promise, covenant and tern set forth in this Lean on its part to <br />be kept, including without limitation all rules and regulations in effect <br />from time to time in accordance with the terms of this lease, performed or <br />observed within thirty (30) calendar days after Notice of default (except <br />when f MlIment of its obligation required activity over a greater period <br />of time and LESSEE shall have commenced to perform whatever may be <br />required for fulfillment within thirty (30) calendar days after Notice and <br />continues such performance without material intenvption), provided, <br />however, the foregoing shall not apply if LESSEE s failure to perform is <br />due directly to the willful wrongful acts or omissions of LESSOR; or <br />(6) LESSEE makes an assignment for the benefit of creditors; or <br />(7) LESSEE files a voluntary petition under Title l l of the United States <br />Code (the "Bankmptcy Code') or if such petition is filed against LESSEE <br />and an order for relief is entered and not dismissed within sixty (60) days <br />or if LESSEE files any petition or answer seeking, consenting to or <br />acquiescing in any reorganization, arrangement, composition, <br />m4ustinen% liquidation, dissolution or similar relief under the <br />H=bW* Code or any other present or future applicable federal, state or <br />other statute or law; or <br />(g) if, within sixty (60) days after the appointment of any trustee, receiver, <br />custodian, assignee, w4tiestrator or liquidator of LESSEE, or of all of any <br />of the Pzemises or any interest of LESSEE in the Premises, such <br />appointment is not vacated or stayed on appeal or otherwise, or if, within <br />thirty (30) days after the expiration of any such stay, such appointment if <br />not vacated. <br />(9) Habitual DefiidL Notwithstanding the foregoing, in the event that <br />LESSEE has committed a monetary breach or default three (3) or more <br />times in a twelve (12) month period, and regardless of whether LESSEE <br />has cured each individual monetary breach or default, LESSEE may be <br />determined by LESSOR to be an "habitual violator„. At the time that such <br />17 <br />