Agmt 2010 Optimist Club of San Leandro

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and (iii) on an emergency basis without notice whenever Landlord believes that emergency access is required. Landlord shall have the right to use any means that it deems proper to obtain access in an emergency in order to obtain access to any part of the Premises, and any such entry shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Tenant shall not alter any lock or install any new or additional locking devices without the prior written consent of Landlord. All locks installed on the Premises (excluding Tenant's vaults, safes or special security areas, if any, designated by Tenant in writing to Landlord) shall be keyed to the Premises master key system, and Landlord shall at all times have a key with which to unlock all points of entry and exit. 14. NO WAIVER OF SUBSEQUENT BREACHES OR DEFAULTS: Landlord's failure to take action because of any default or breach of any of the terms, covenants or conditions herein to be performed by the Tenant shall not be construed as a waiver thereof, nor shall any custom or practice which may arise between the Parties in the course of administering this Lease, be construed to waive or to lessen the right of Landlord to insist upon the performance by Tenant of any term, covenant or condition hereof, or to exercise any rights given it on account of any such defaults. A waiver of a particular breach or default shall not be deemed to be a waiver of the same or any other subsequent breach or default. 15. TENANT DEFAULTS AND CURE: If Tenant violates any provision or fails to perform any obligation under this Lease, Landlord may, at its option, take one or more of any of the following actions: a. Terminate this Lease with 30 days prior written notice. b. Provide Tenant with written notice of 30 days to cure default. The written notice shall inform the Tenant that if the default is not cured within the 30 day period, the lease will be terminated immediately after the expiration of the 30th day. c. Landlord may opt to cure the default, in which event the Landlord will provide Tenant with written notice that it intends to cure and that the reasonable cost thereof becomes immediately due and payable to Landlord as additional rent. Tenant's failure to pay Landlord for cure within 10 days after submission of a bill or invoice to Tenant will result in the immediate termination of the lease upon expiration of the 101h day. d. Pursue any other remedy available at law or equity. 16. INSOLVENCY: Each of the following events relating to insolvency by Tenant shall be a breach of this Lease. A. A general assignment by Tenant for the benefit of its creditors; or the admission in writing by Tenant of its inability to pay its debts as they become due; either (i) the appointment of a receiver or trustee to take possession of all or substantially all of the assets of Tenant, or (ii) any action or proceeding commenced by or against Tenant under any insolvency or bankruptcy act, or under any other statute or regulation having as its purpose the protection of creditors, which is not discharged in accordance with Section 15, Tenant Defaults and Cure. Upon the happening of (i) or (ii), Landlord shall have the right, subject to the rights of Tenant and any trustee in bankruptcy in such proceedings, to terminate this Lease. If under the law then applicable, Tenant or the trustee in bankruptcy has the right to affirm this Lease and continue to perform the obligations of Tenant hereunder, Tenant or the trustee shall, within the time period permitted by the bankruptcy court, cure all defaults of Tenant outstanding as of the date of the affirmation of this Lease and provide to Landlord such adequate assurances as may be necessary to assure Landlord of the continued performance of Tenant's obligations under this Lease. Specifically, but without limiting the generality of the foregoing, Tenant or the trustee in bankruptcy shall 9