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11.5. Remedies Are Cumulative. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy herein or by law provided, but each shall be cumulative and in addition to every other right or remedy given herein or now or hereafter existing at law or in equity or by statute. 11.6. Counterclaim. If Landlord commences any proceedings for non payment of Rent, Tenant will not interpose any counterclaim of any nature or description in such proceedings. This shall not, however, be construed as a waiver of Tenant's right to assert such claims in a separate action brought by Tenant. The covenants to pay Rent and other amounts due hereunder are independent covenants and Tenant shall have no right to hold back, offset or fail to pay any such amounts for any reason whatsoever, except as may be specifically provided for herein to the contrary, it being understood and acknowledged by Tenant that Tenant's only recourse is to seek an independent action against Landlord. 11.7. Bankruptcy. (a) Assumption of Lease. In the event that Tenant shall become a Debtor under Chapter 7 of the United States Bankruptcy Code (the "Code ") or a petition for reorganization or adjustment of debts is filed concerning Tenant under Chapters 11 or 13 of the Code, or a proceeding is filed under Chapter 7 and is transferred to Chapters 11 or 13, the Trustee or Tenant, as Debtor and as Debtor In- Possession, may not elect to assume this Lease unless, at the time of such assumption, the Trustee or Tenant has Cured or provided Landlord "Adequate Assurance," as defined below, that A. Within ten (10) days from the date of such assumption the Trustee or Tenant will cure all monetary defaults under this Lease and compensate Landlord for any actual pecuniary loss resulting from any existing default including, without limitation, Landlord's reasonable costs, expenses, accrued interest as set forth in Section 11.2 of the Lease, and attorneys' fees incurred as a result of the default and/or to enforce the terms hereof; B. Within thirty (30) days from the date of such assumption the Trustee or Tenant will cure all non - monetary defaults under this Lease; and C. The assumption will be subject in all respects to all of the provisions of this Lease. ii. For purposes of this Section 11.7, Landlord and Tenant hereby acknowledge that, in the context of a bankruptcy proceeding of Tenant that this Lease is a lease of real property within a Building and, at a minimum "Adequate Assurance" shall mean: A. The Trustee or Tenant has and will continue to have sufficient unencumbered assets after the payment of all secured and priority obligations and administrative expenses to assure Landlord that the Trustee or Tenant will have sufficient funds to fulfill the obligations of Tenant under this Lease, and to keep the Leased Premises stocked with merchandise and properly staffed with sufficient employees to conduct a fully Operational, actively promoted business in the Leased Premises; B. The bankruptcy court shall have entered an order segregating sufficient cash payable to Landlord, and/or the Trustee or Tenant shall have granted a valid and perfected first lien and security interest and/or mortgage in property of Trustee or Tenant acceptable as to value and kind to Landlord, to secure to Landlord the obligation of the Trustee or Tenant to cure the monetary and/or non - monetary defaults under this Lease within the time periods set forth above; and C. The Trustee or Tenant at the very least shall deposit a sum equal to one (1) month's Rent to be held by Landlord (without any allowance for interest thereon) to secure Tenant's future performance under the Lease.