5A02 Lease Agreement SB Bike Garage Inc.

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or other termination of this Lease or of Tenant's right of possession hereunder, but only if, and to the extent, that the removal thereof will not cause physical injury or damage to the Premises or necessitate changes or repairs to the same. Tenant shall repair and restore any injury or damage to the Premises arising from such removal so as to return the Premises to the condition described in Section 11.1 above, or alternatively, at Landlord's discretion, Tenant shall pay or cause to be paid to Landlord one hundred ten percent (110%) of the cost of repairing or restoring injury or damage which costs shall be deemed due and payable as of the date on which surrender by Tenant is required under this Lease. 11.3. Property Not Removed. Any personal property of Tenant which shall remain in or upon the Premises after Tenant has surrendered possession of the Premises shall be deemed to have been abandoned by Tenant, and at the option of Landlord, such property: (a) shall be retained by Landlord as its property; (b) shall be disposed of by Landlord in such manner as Landlord shall determine, without accountability to any person; or (c) shall be removed by Tenant within three (3) business days at Tenant's expense upon written request from Landlord; provided, however, that if Tenant fails to remove such property within such timeframe, Landlord may remove such property at Tenant's expenses, charging Tenant one hundred ten percent (110%) of the costs incurred by Landlord to remove said items, which funds shall be due immediately upon notification of Tenant of such charges. Landlord shall not be responsible for any loss or damage occurring to any property owned by Tenant remaining in the Premises after Tenant surrenders possession thereof. 11.4. Survival of Terms. The terms of this Article XI shall survive any termination of this Lease. ARTICLE XII DEFAULT 12.1. Events of Default. Each and all of the following events shall be deemed an "Event of Default" by Tenant under this Lease: (a)Insurance Not Maintained. Any failure to maintain the insurance coverages required to be maintained by Tenant under this Lease. (b)All Other Lease Violations. Tenant's failure to perform or observe any other covenant, condition, or agreement of this Lease, which failure is not cured by Tenant within thirty (30) days after the giving of notice thereof by Landlord specifying the items in default. (c)Falsification of Information. If Tenant or any agent of tenant falsifies any report in any material respect or misrepresents other information in any material respect required to be furnished to Landlord pursuant to this Lease. (d)Merger or Consolidation. If Tenant is merged or consolidated with any other entity, or there is a transfer of a controlling interest in Tenant, which is not consented to in writing by Landlord. (e)Tenant's Dissolution or Liquidation. The commencement of steps or