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LIABLE TO LANDLORD FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. LOST PROFITS. LOST REVENUES, LOSS OF USE, OR PUNITIVE DAMAGES SUFFERED BY LANDLORD FROM WHATEVER CAUSE, EVEN IF THE TENANT HAS BEEN ADV1SED OF THE POSSIBILITY OF SUCH DAMAGES. C. Landlord's Ri~ht to Cure Tenant's Default. If Tenant shall fail to make any payment or to perform any act required to be made or performed under this Lease, and to cure the same within the relevant lime periods provided in this Paragraph 20, Landlord, after thirty (30) days notice to and demand upon Tenant, and without waiving or releasing any obligation or default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and the expense of Tenant, and may, to the extent permitted by Jaw, enter upon the Premises for such purpose and take aJI such action thereon as, in Landlord's opinion, may be necessary or appropriate therefor; provided that, should Landlord reasonably determine that the giving of such notice would risk loss to the Premises or cause damage to Landlord, then Landlord shaJl give such wrinen notice as is practicaJ under the circumstances. No such entry shall be deemed an eviction of Tenant or termination of this Lease. All sums so paid by Landlord and all costs and expenses (Including. without limitation. reasonable attorneys' fees and cosls (whether incurred at any investigative, administrative, trial or appellate level, in each case, to the extent permitted by law) so incurred, together with a late charge (to the extent permitted by law) at the Default Interest Rate from the date on which such sums or expenses are paid or incurred by Landlord, shall be paid by Tenant to Landlord on demand. The obligations of the Tenant and the rights of the Landlord contained in this Paragraph shall survive the expiration or earlier termination of this Lease. D. Defaults Bv Landlord. If Landlord should be in default in the perfonnance of any of its obligations under this Lease, which default continues for a period of more than thiny (30) days after receipt of written notice from Tenant specifying such default, or if such default is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, upon written notice to Landlord, (a) incur any expense necessary to perform the obligation of Landlord specified in such notice and Land'lord shall promptly reimburse Tenant for such expense, provided no such expense may be deducted from the Rent or other charges due 10 Landlord pursuant to this Lease, it being understood by Tenant that all Rent and other charges due to Landlord pursuant to this Lease shall be paid to Landlord without notice, offset, deduction or set-off whatsoever, or (b) if such default materially affecls Tenant's ability to use the Premises as it exists on the Convnencement Date and Tenant is unabIe to cure such default after using diligent effort, Tenant may terminate this Lease. E. No Waiver. No waiver by Landlord of any violation or breach of any of the terms, provisions and covenants herein contained shall be deemed or construed to constitute a waiver of any other or later violation or breach of the same or any other of the terms, provisions, and coven ants herein contained. Delay by Landlord in enforcement of one or more of the remedies herein provided upon an event of default shall not be deemed or construed to constitute a waiver of such default. The acceprance of any Rent hereunder by Landlord following the occurrence of any M1A95101171248.1 22 SiB