RDA Agmt 2001 Lavery California Dealership Properties No. 1 LLC

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and fixtures without compensation and without liability for use and damage, or store them for the account of and at the cost of Tenant. The election of .one remedy for any one item shall not foreclose an election of any other remedy for another item or for the same item at a later time. 10.5 Notice of Landlord's Default. Landlord shall not be considered to be in default under, this Lease unless: (a) Tenant has given notice specifying the default; and (b) Landlord has failed for sixty (60) days to cure the default, if it is curable and institute and diligently pursue reasonable corrective or ameliorative acts for non -curable defaults. 10.6 Provisions Applicable to Both Parties. 10.6.1 Unavoidable Default or Delay. Any prevention, delay, non-performance or stoppage due to any of the following causes shall excuse non-performance for a period equal to any such prevention, delay, non-performance or stoppage, except .the obligations imposed by this Lease for the payment of taxes, insurance. The causes referred to above are strikes, lock -outs, labor disputes, acts of public enemies of this -state or of the United States, riots, insurrections, civil commotion, inability to obtain labor or materials or reasonable substitutes therefore, governmental restrictions or regulations or controls (expect those reasonably foreseeable in connection with the uses contemplated by this -Lease). 10.6.2 Waiver, Voluntary Acts. No waiver of any default shall constitute a waiver of any other breach or default, whether of the same or any other covenant or condition. No waiver, benefit, privilege or service voluntarily given or performed by either party shall give the other any contractual right by custom, estoppel or otherwise. 11. EXPIRATION AND TERMINATION 11.1 Tenant's Duty to Surrender. At the expiration or earlier termination of the term, Tenant shall surrender to Landlord the possession of the Premises, unless the parties have agreed in writing to an additional lease or renewal. Surrender or removal of improvements shall be as directed in provisions of this Lease on ownership of improvements at termination. Tenant shall leave the surrendered Premises and any other property in good condition. All property that Tenant is required to surrender shall become Landlord's property at termination of the Lease. All property that Tenant is not required to surrender but that Tenant does abandon shall, at Automall Read Board Sign - Ground Lease Final 5/07/97 Page 18 of 22