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d. LESSOR is not liable in any way for failure to re -let the Leased Premises, <br />or if the Leased Premises are re -let, for failure to collect the rent under the re -letting. LESSEE <br />will not receive any excess of the net rents collected from re -letting over the sums payable by <br />LESSEE to LESSOR under this Section. <br />26. Insolvency or Bankruptcy. Subject to the provisions hereof respecting <br />severability, should LESSEE at any time during the Lease Term suffer or permit the appointment <br />of a receiver to take possession of all or substantially all of the assets of LESSEE, or an assignment <br />of LESSEE for the benefit of creditors, or any action taken or suffered by LESSEE under any <br />insolvency, bankruptcy, or reorganization act, such action shall at LESSOR's option, constitute a <br />breach and default of this Lease by LESSEE and LESSEE agrees to provide adequate protection <br />and adequate assurance of future performance to the LESSOR which will include, but not be <br />limited to the following: <br />a. All monetary and non -monetary defaults existing prior to the breach or <br />default referenced above shall be cured within the time specified above that <br />shall include all costs and attorneys' fees expended by LESSOR to the date <br />of curing the default. <br />b. All obligations of the LESSEE must be performed in accordance with the <br />terms of this Lease. <br />If at any time during the pendency of the bankruptcy proceeding the LESSEE or its successor in <br />interest fails to perform any of the monetary or non -monetary obligations under the terms of this <br />Lease, or fails to cure any pre -filing default, or fails to make additional security deposit required <br />under the Lease for the adequate assurance of future performance clause above, the LESSEE <br />HEREBY STIPULATES AND AGREES TO WAIVE ITS RIGHTS TO NOTICE AND <br />HEARING AND TO ALLOW THE LESSOR TOTAL RELIEF FROM THE AUTOMATIC <br />STAY UNDER 11 U.S.C.§ 362 TO ENFORCE ITS RIGHTS UNDER THIS LEASE AND <br />UNDER STATE LAW INCLUDING BUT NOT LIMITED TO ISSUANCE AND <br />ENFORCEMENT OF A JUDGMENT OF EVICTION, WRIT OF ASSISTANCE AND WRIT <br />OF POSSESSION. <br />27. Holding Over. LESSEE will, at the termination of this Lease by lapse of time or <br />otherwise, yield up immediate possession to LESSOR. If LESSEE retains possession of the Leased <br />Premises or any part thereof after such termination, then LESSOR may at its option, serve written <br />notice upon LESSEE that such holding over constitutes any one of. (i) renewal of this Lease for <br />one year, and from year to year thereafter, (ii) creation of a month to month tenancy, upon the <br />terms and conditions set forth in this Lease, or (iii) creation of a tenancy at sufferance, in any case <br />upon the terms and conditions set forth in this Lease; provided, however, that the rent shall, in <br />addition to all other sums which are to be paid by LESSEE hereunder, whether or not as additional <br />rent, be equal to double the rent being paid to LESSOR under this Lease immediately prior to such <br />11 <br />