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Premises and may have, hold and enjoy the Premises and the right to receive all rental and other income of and from <br />the same. <br />11.4. Reimbursement of Landlord's Costs in Exercising Remedies. Landlord may recover from Tenant, <br />and Tenant shall pay to Landlord upon demand, such reasonable and actual costs and expenses as Landlord may <br />incur in recovering possession of the Premises, placing the same in good order and condition and repairing and <br />altering the same for reletting, and all other reasonable and actual costs and expenses, commissions and charges <br />incurred by Landlord in reletting and otherwise exercising any remedy provided herein or as a result of any Event of <br />Default by Tenant hereunder (including, without limitation, reasonable attorneys' fees). <br />11.5. Remedies Are Cumulative. No right or remedy herein conferred upon or reserved to Landlord is <br />intended to be exclusive of any other right or remedy herein or by law provided, but each shall be cumulative and in <br />addition to every other right or remedy given herein or now or hereafter existing at law or in equity or by statute. <br />11.6. Bankruptcy. <br />(a) Assumption of Lease. In the event that Tenant shall become a Debtor under Chapter 7 of the <br />United States Bankruptcy Code (the "Code ") or a petition for reorganization or adjustment of debts is filed <br />concerning Tenant under Chapters 11 or 13 of the Code, or a proceeding is filed under Chapter 7 and is transferred <br />to Chapters 11 or 13, the Trustee or Tenant, as Debtor and as Debtor In- Possession, may not elect to assume this <br />Lease unless, at the time of such assumption, the Trustee or Tenant has: <br />Cured or provided Landlord "Adequate Assurance," as defined below, that: <br />A. Within ten (10) days from the date of such assumption the Trustee or Tenant will cure all <br />monetary defaults under this Lease and compensate Landlord for any actual pecuniary loss <br />resulting from any existing default including, without limitation, Landlord's reasonable costs, <br />expenses, accrued interest as set forth in Section 11.2 of the Lease, and attorneys' fees incurred as <br />a result of the default and/or to enforce the terms hereof, <br />B. Within thirty (30) days from the date of such assumption the Trustee or Tenant will cure <br />all non - monetary defaults under this Lease; and <br />C. The assumption will be subject in all respects to all of the provisions of this Lease <br />ii. For purposes of this Section 11.7, Landlord and Tenant hereby acknowledge that, in the context of <br />a bankruptcy proceeding of Tenant that this Lease is a lease of real property within a Building and, at a minimum <br />"Adequate Assurance" shall mean: <br />A. The Trustee or Tenant has and will continue to have sufficient unencumbered assets after <br />the payment of all secured and priority obligations and administrative expenses to assure Landlord <br />that the Trustee or Tenant will have sufficient funds to fulfill the obligations of Tenant under this <br />Lease, and to keep the Leased Premises stocked with merchandise and properly staffed with <br />sufficient employees to conduct a fully Operational, actively promoted business in the Leased <br />Premises; <br />B. The bankruptcy court shall have entered an order segregating sufficient cash payable to <br />Landlord, and/or the Trustee or Tenant shall have granted a valid and perfected first lien and <br />security interest and/or mortgage in property of Trustee or Tenant acceptable as to value and kind <br />to Landlord, to secure to Landlord the obligation of the Trustee or Tenant to cure the monetary <br />and/or non - monetary defaults under this Lease within the time periods set forth above; and <br />C. The Trustee or Tenant at the very least shall deposit a sum equal to one (1) month's Rent <br />to be held by Landlord (without any allowance for interest thereon) to secure Tenant's future <br />performance under the Lease. <br />