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thereof; or (vi) has a receiver or trustee appointed for the assets of Subtenant and such is not discharged <br />within 30 days after the appointment; then Subtenant shall be deemed to be in default hereunder. <br />On the occurrence of any Subtenant default and after the applicable notice and cure period, subject to <br />terms and conditions provided herein, Sublessor may: <br />(i) without terminating this Sublease and without entering into possession of the Premises, <br />continue this Sublease in effect and enforce all rights of Sublessor and obligations of <br />Subtenant hereunder, including the filing of suit for the collection of Rent, Additional <br />Rent and all other sums due hereunder as they accrue (including without limitation <br />attorney's fees and other damages). Acts of maintenance or preservation or re-letting the <br />Premises shall not constitute a termination of this Sublease; <br />(ii) reenter and repossess the Premises and remove all persons and property by a suitable <br />action or proceeding at law or in equity, without being liable for any damage therefore. <br />No re-entry by Sublessor shall be deemed a termination or an acceptance of a surrender <br />of this Sublease; <br />(iii) terminate this Sublease and sue Subtenant for damages in an amount equal to (i) the sum <br />of all amounts due hereunder to the date of termination; plus (ii) the aggregate rent <br />remaining over the unexpired portion of the then current term, plus (iii) the reasonable <br />cost to Sublessor for any repairs and other costs of re-letting, plus (iv) Sublessor's costs <br />and expenses incurred in the enforcement hereof, including without limitation, reasonable <br />attorney's fees and other legal costs; <br />(iv) re-let any or all of the Premises for Subtenant's account for any or all of the remainder of <br />the then current term or for a period exceeding such remainder, in which event Subtenant <br />shall pay to Sublessor, at the times and in the manner specified by the provisions herein, <br />the Rent, Additional Rent and any other charges accruing during such remainder less any <br />rent received by Sublessor with respect to such remainder from such re-letting, as well as <br />the cost to the Sublessor of any reasonable attorney's fees or other costs and expenses <br />incurred by Sublessor, or for any repairs or cost of re-letting or other action (including <br />those taken in exercising Sublessor's rights under any provision of this Sublease) taken <br />by Sublessor on account of such Subtenant default. However, in no event shall Sublessor <br />be liable in any respect for failure to re-let the Premises or in the event of such re-letting, <br />for failure to collect the rent there under. Any sums received by Sublessor on a re-letting <br />in excess of the Rent reserved for this Sublease shall belong to the Sublessor; <br />(v) cure such Subtenant default in any other manner (after giving Subtenant written notice of <br />Sublessor's intention to do so except in the case of emergency), in which event Subtenant <br />shall reimburse Sublessor for all expenses reasonably incurred by Sublessor in doing so, <br />plus interest at the rate of twelve percent (12%) per annum, which expenses and interest <br />shall be Additional Rent and shall be payable by Subtenant immediately on demand <br />therefore by Sublessor; and/or <br />Page 7 of 9 <br />F-5 A~~~~n~~ number 1 <br />