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12.2 Excess Rental: If Landlord does consent to the assignment of this Lease or the <br />subletting of all or substantially all the Premises, and if the total rental amount to be <br />paid by the sublessee or assignee is in excess of the Rentals hereunder, Tenant <br />shall remit such excess to Landlord immediately upon receipt. <br />12.3 Financial Statements: If Tenant requests Landlord's consent to the assignment of <br />this Lease or to a sublease of all or substantially all the Premises, Tenant shall <br />Include with such request the name, address and current financial statements of <br />the proposed assignee or sublessee, the rental to be paid and all other conditions <br />and provisions of the proposed assignment or subletting. Landlord may, in lieu of <br />giving or withholding Its consent, terminate this Lease as to the affected portion of <br />the Premises by written notice to Tenant within ten days after Tenant's request for <br />Landlord's consent; such termination shall be effective on the twentieth day <br />following the date on which Landlord's termination notice is given. <br />12.4 Tenant's Liability: If at any time during the Term Tenant sublets all or any part of <br />the Premises or assigns this Lease, whether with or without the consent of <br />Landlord, Tenant shall nevertheless remain liable under all the terms, covenants, <br />and conditions of this Lease. If this Lease is assigned or If the Premises or any <br />part thereof is subleased or occupied by anybody other than Tenant, Landlord may <br />collect from the assignee, sublessee, or occupant any Rentals payable by Tenant <br />under this Lease and apply the amount collected to the Rentals; however, such <br />collection by Landlord shall not be deemed an acceptance of the assignee, <br />sublessee, or occupant as a tenant nor a release of Tenant under this Lease. <br />13, DEFAULT <br />13.1 Tenant's Default — Definition: The occurrence of any of the following shall <br />constitute a default by Tenant: <br />(a) Failure to pay any Rental when due, if the failure continues for five (5) days <br />after written notice thereof is given by Landlord to Tenant; <br />(b) The filing by or against Tenant of a petition for adjudication as a bankrupt, <br />for reorganization under Chapter X, for an arrangement under Chapter XI, or <br />for any other debtor or capital structure relief under the Bankruptcy Act of <br />2005, as now or hereafter amended or supplemented, if such petition is not <br />dismissed within sixty days after filing; <br />(c) The making of an assignment for the benefit of creditors, or the appointment <br />of a receiver of substantially all the property of Tenant, in any action, suit or <br />proceeding by or against Tenant, or the offering for sale of Tenant's interest <br />In the Premises under execution or other legal process, if such assignment, <br />appointment or offering is not dismissed or terminated within sixty days after <br />filing; or <br />(d) Failure to perform any other provision of this Lease, if the failure to perform <br />is not cured within thirty days after written notice thereof is given by Landlord <br />to Tenant; if the default is non - monetary in nature and cannot reasonably be <br />cured within thirty days, Tenant shall not be in default if Tenant commences <br />to cure such non - monetary default within the thirty day period and diligently <br />