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fire, act of God, public enemy, injunction, riot, strike, lockout, insurrection, war, court <br /> order, requisition or order of governmental body or authority, inability to procure labor <br /> or materials from normally available sources, or by any other cause without its fault <br /> and beyond its reasonable control (finaticial inability excepted), completion will be <br /> excused for the period of such delay and the date of completion will be extended for the <br /> period of such delay provided notice of the occurrence or encountering of such cause is <br /> given to the other party within 10 business days after such occurrence or encounter and <br /> notice of the duration of such cause is given within 10 business clays after the cessation <br /> of such cause, <br /> 19. Subordination/Non-Disturbance. Tenant agrees that this Lease is subject and <br /> subordinate to the terms and conditions of all terms and conditions pertaining to all <br /> mortgages which may now or hereafter affect or encumber all or any portion of the <br /> Premises or any successor in interest to Lessor. <br /> 24. Lessor Default. Except as set forth herein, Lessor's failure to perform or observe <br /> any of its material obligations under this Lease within 30 days after receipt of written <br /> notice from Tenant of such default (or within such other reasonable length of time if <br /> Lessor has begun earnest efforts to cure such default within the thirty day period) shall <br /> be deemed to be a Lessor Default hereunder. The written notice from Tenant shall give <br /> reasonable detail regarding the nature and extent of the failure and identify the Lease <br /> provision containing the obligations. In the event of Lessor Default Tenant shall be <br /> entitled to terminate this Lease upon thirty days prior written notice. <br /> 21. Tenant Default. If Tenant (i) fans to comply with any other provision of this <br /> Lease after receipt of written notice from Lessor, or (ii) there is a filing of any <br /> process of law in any action against Tenant which impacts the Premises, or (iii) <br /> becomes insolvent or unable to pay its debts as they become due or notifies Lessor in <br /> writing that it anticipates either condition; or (iv) files a petition under any section or <br /> chapter of the United States Bankruptcy Code as amended, or under any similar law or <br /> statute of the United States or any State thereof; or (v) a petition shall be filed against <br /> Subtenant under any such statute, which is not dismissed within 30 days after the filing <br /> thereof; or (vi) has a receiver or trustee appointed for the assets of Tenant and such is <br /> not discharged within 30 clays after the appointment; or (vii) loses or has suspended its <br /> acredidation or licenses to engage in its educational operations, then Tenant shall be <br /> deemed to be in default hereunder. <br /> On the occurrence of any Tenant default and after the applicable notice and cure period, <br /> subject to terms and conditions provided herein, Lessor may: <br /> (i) without terminating this Lease and without entering into possession of <br /> the Premises, continue this Lease in effect and enforce all rights of <br /> Lessor and obligations of Tenant hereunder, including the filing of suit <br /> for the collection of all sums due hereunder as they accrue (including <br /> without limitation attorney's fees and other damages). Acts of <br /> Attachment number 1 \n <br /> F-4 Page 67 <br />