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EXECUTION COPY
<br />ejectment from any court of competent jurisdiction without prejudice to LESSOR's rights to otherwise
<br />collect rents from LESSEE.
<br />24.10. In the event LESSOR breaches any of its material covenants contained in this
<br />Lease and fails to cure such breach within thirty (30) days after receipt of written notice, LESSOR
<br />shall be in default hereunder. Notwithstanding the foregoing, if LESSOR's breach is of such a nature
<br />that it is not possible to cure such breach within said 30 -day period, then LESSOR shall have a
<br />commercially reasonable time period (not to exceed ninety (90) days from receipt of written notice) to
<br />cure such breach.
<br />25. MULTIPLE DEFAULTS. Should LESSEE default in the payment of Advance Rent,
<br />Base Rent, Additional Rent, or any other sums payable by LESSEE under this Lease on two (2) or more
<br />occasions during any twelve (12) month period, regardless of whether any such default is cured, then,
<br />in addition to all other remedies otherwise available to LESSOR, LESSEE shall, within ten (10) days
<br />after demand by LESSOR, post a security deposit in, or increase the existing Security Deposit by, a sum
<br />equal to three (3) months' installments of Base Rent. Should LESSEE breach or fail to perform its
<br />obligations under this Lease on two (2)or more occasions during any twelve (12) month period and
<br />timely cure such breaches, then in addition to all other remedies available to LESSOR, any notice
<br />requirements or cure periods otherwise set forth in this Lease with respect to a default by LESSEE shall
<br />not apply upon the occurrence of any third (3rd) breach or default by LESSEE during such 12 month
<br />period.
<br />26. PROPERTY OF LESSEE. LESSEE, at its sole expense, agrees to deliver to LESSOR
<br />upon the termination of this Lease the entire Leased Premises including all improvements, in a good
<br />state of repair and in first class condition, ordinary wear and tear excepted. Provided LESSEE is not in
<br />default hereunder, LESSEE may remove all fixtures and equipment which it has placed in the Leased
<br />Premises; provided, however, LESSEE repairs all damages caused by such removal. If LESSEE does
<br />not remove its property from the Leased Premises upon termination (for whatever cause) of this Lease,
<br />such property shall be deemed abandoned by LESSEE, and LESSOR may dispose of the same in
<br />whatever manner LESSOR may elect without any liability to LESSEE. Without limiting the foregoing,
<br />if LESSEE removes any fixtures or built-in equipment (such as walk-in coolers, restaurant ventilation
<br />hoods or equipment, sinks and plumbing fixtures, lighting fixtures, etc.), LESSEE shall use contractors
<br />approved by LESSOR in writing and in advance, and such approval may not be unreasonably withheld.
<br />In such cases, LESSEE shall, at its expense, cause the Leased Premises and all affected parts of the
<br />Property to be fully restored and secured in good condition with ceilings and drywall repaired and
<br />painted, plumbing (water, sewer and gas lines) capped by a Florida licensed plumber, electrical lines
<br />wired and capped by a Florida licensed electrician and any other damage to the Property repaired.
<br />27. QUIET ENJOYMENT. If LESSEE promptly and punctually complies with each of its
<br />covenants and obligations hereunder, LESSEE shall have and enjoy peacefully the possession of the
<br />Leased Premises during the Term hereof, provided that no action of LESSOR or other tenants working
<br />in any other space in the Property, or in repairing or restoring the Property, shall be deemed a breach of
<br />this covenant, or give to LESSEE any right to modify this Lease either as to Term, Rent, payables or
<br />other obligations to be performed hereunder by LESSEE.
<br />28. 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 of a
<br />receiver to take possession of all or substantially all of the assets of LESSEE, or an assignment of LESSEE
<br />LEASE AGREEMENT - CREMA DOWNTOWN CORP. Page 23 of 36
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