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1 L2 Landlord's Remedies. <br />(a) If an Event of Default occurs, in addition to every right allowed at law and in <br />equity, Landlord shall have the right (but not the obligation) to give to Tenant a notice of <br />termination of this Lease, and upon thirty (30) days after the giving of such notice, this Lease, <br />the Term and the estate hereby granted shall expire and terminate on the date specified in said <br />notice. <br />(b) In the event Tenant does not perform its maintenance and repair duties, Landlord <br />may only exercise remedies in accordance with Section 4.1(c). <br />11.3 Legal Expenses. In case suit shall be brought by Landlord or Tenant for recovery <br />of possession of the Property or because of any other Event of Default, or due to the failure of <br />any party to comply with the terms of this Lease, the non - prevailing party(ies) shall pay all <br />expenses incurred by the prevailing party(ics) in connection with such proceedings, including <br />reasonable attorney's fees and expenses. <br />11.4 Landlord Default and Tenant's Remedies. In the event Landlord fails to perform <br />any of its obligations under this Lease and such failure continues for sixty (60) days after receipt <br />of written notice from Tenant specifying the nature of the default and the action required of <br />Landlord (with reference to the applicable Lease provision Tenant claims is not being <br />performed), Landlord shall be deemed to be in default (or in the event the default cannot be <br />cured within such sixty (60) days, if such failure is not remedied within such longer period as <br />necessary to cure, provided the remedy is commenced within said sixty (60) -day period and <br />continuously and diligently pursued to completion) ( "Landlord's Default "). In the event of <br />Landlord's Default, Tenant may (i) seek an equitable remedy, including injunctive relief or <br />specific performance, provided, however, no damages may be obtained against Landlord in such <br />instance, or (ii) obtain a judgment for the reasonable and actual out of pocket expenses incurred <br />by Tenant in curing Landlord's obligation, provided, however, the commissioners, officers and <br />employees of Landlord shall have no personal liability for such judgment. In no event, however, <br />shall Tenant be entitled to withhold Rent or set -off Rent or other charges due hereunder as a <br />result of an uncured Landlord Default. <br />12. NOTICES. <br />12.1 Notices. Any notice, demand or other communication required or permitted by <br />law or any provision of the Lease to be given or served on a party shall be in writing, addressed <br />to the parties at the addresses below, and either (i) deposited in the United States mail, registered <br />or certified, return receipt requested, postage prepaid, (ii) delivered by an overnight private mail <br />service which provides delivery confirmation such as Federal Express, Airborne or UPS, <br />(iii) personally delivered at such address, or (iv) by facsimile with confirmation sheet made <br />available for inspection and followed by regular snail or other means above. Either party may <br />designate additional addresses for the receipt of notices or demands at any time by written notice <br />to the other. Notice shall be deemed given when received. <br />R <br />