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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 Rent 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 (60) 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 (60) days <br />after filing; or <br />(d) Failure to perform any other provision of this Lease, if the failure to perform <br />Is not cured within thirty (30) days after written notice thereof is given by <br />Landlord to Tenant; if the default is non monetary in nature and cannot <br />reasonably be cured within thirty (30) days, Tenant shall not be in default if <br />Tenant commences to cure such non - monetary default within the thirty (30) <br />day period and diligently continues to cure such default and completes such <br />cure within a reasonable amount of time, not to exceed sixty (60) additional <br />days. <br />13.2 Tenant's Default — Remedies: In the event of an uncured default by Tenant, <br />Landlord shall be entitled to any and all remedies under applicable law. In addition <br />to any such remedies, Landlord may, by three (3) days' written notice to Tenant, <br />terminate this 'Lease, or without terminating this Lease re -enter the Premises <br />peaceably and lawfully. Under no circumstances is this Lease to be an asset for <br />Tenant's creditors by operation of law or otherwise. No re -entry or taking <br />possession of the Premises by Landlord shall be construed as an election on <br />Landlord's part to terminate this Lease unless a written notice of termination is <br />given to Tenant or unless the termination of this Lease is decreed by a court of <br />competent jurisdiction. All remedies available to Landlord are cumulative. No <br />termination of this Lease nor taking of possession of the Premises by Landlord <br />shall deprive Landlord of any applicable remedies against Tenant or relieve Tenant <br />from any liability for damages under this Lease. <br />13.3 Relettino of the Premises; Landlord shall, on behalf of Tenant if Landlord re- enters <br />the Premises without terminating this Lease or on its own behalf if the Lease is <br />terminated, attempt to relet the Premises, Any such reletting shall be for any <br />period, for any sum (including rental concessions and rent -free occupancy), and on <br />any other terms and conditions which Landlord may deem suitable and <br />satisfactory, provided that at all times Landlord acts in a commercially reasonable <br />manner. In the event of any reletting, Landlord shall apply the rent therefrom first <br />to the payment of Landlord's expenses, including attorneys' fees incurred by <br />Contract ID 4161927 <br />