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18.1.2 The Sublessors may elect to terminate this sublease and any and all interest <br />and claim of the Sublessee by virtue of this sublease, whether such interest or claim is <br />existing or prospective, and to terminate all interest of the Sublessee in the Premises, which <br />termination will, at the election of the Sublessors, also terminate any sublease by the <br />Sublessee, whether or not the Sublessors has theretofore consented to such sublease. Upon <br />such termination of this Sublease, Landlord shall be entitled to recover immediately, without <br />waiting until the due date of any future rent or until the date fixed for expiration of the lease <br />term, the following amounts as damages: <br />(1) The loss of rental from the date of default until a new tenant is, or with the <br />exercise of reasonable efforts could have been, secured and paying rent. <br />(2) The reasonable costs of reentry and reletting, including, without limitation, <br />the cost of any cleanup, removal of tenant's property and fixtures, actual costs incurred by Landlord <br />to remedy any default by said tenant other than nonpayment of rent <br />(3) Sublessors may sue periodically to recover damages during the period <br />corresponding to the remainder of the lease term, and no action for damages shall bar later action <br />for damages subsequently accruing. <br />The foregoing remedies will be in addition to, and will not exclude, any other remedy available to <br />the Sublessors at law or in equity. The 10 day grace period for the payment of amounts coming due <br />under this sublease is in recognition of the 10 day grace period for the payment of rent provided by <br />the statutes of the state of Oregon, and may not be construed as an addition to, or an extension of, <br />such grace period provided by statute. All remedies, to the extent they are not inconsistent with each <br />other, will be deemed cumulative. The election by the Sublessors of one remedy will not prevent <br />the subsequent election by the Sublessors of an inconsistent remedy unless the Sublessee has <br />substantially changed the Sublessee's position in reliance upon such prior election by the <br />Sublessors. <br />18.2 Termination. The obligations under this Sublease of each party to pay money due <br />and owing, to satisfy repair and maintenance obligations arising prior to the date of termination, and <br />to indemnify and hold harmless the other shall survive the termination of this Sublease. <br />18.3 Reentry. Upon termination of this sublease as a result of a default by the Sublessee, <br />or upon the election by the Sublessors to relet the Premises, the Sublessors may reenter the Premises <br />and take possession thereof and remove any persons and property by legal action or by self-help <br />with the use of reasonable force and without liability for damages, and the Sublessee must <br />indemnify and hold the Sublessor harmless from any claim or demand arising out of such reentry <br />and removal of persons or property. <br />11 - Tower Sublease <br />NAK - O\KEZI, Inc. 09075\Tower Lease 9075-13\Documents\wicks.towersublease.100699 <br />