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Mar 05 03 01:05p - RITAGE HANK 028454598 p.20 200402532 or in and no acce ance by of rent or other ance of this Agreement from or by signee or subtenant all, in ent, relieve or release Tenant of the primacy responsibi r all cove uties, and obligations hereunder or constitute a waiver of such respons' ' if Landlord sells or transfers all or any portion of the Premises, Lan , on consummatio a sale or transfer, shall be released from any liabilit re accruing under this Agreeme andlord's successor has assumed in �vrlting, for the benefit of Tenant, Landlord's obligations un reement. 9. Default. Each of the following acts and omissions shall constitute a default by Tenant and a breach of this Agreement: a. The failure of the Tenant to pay any installment of Fixed Minimum Rent, which failure persists after the expiration of five (5) days from the date the payment becomes due. b. A failure on the part of the Tenant to reasonably observe or perform any of the other Let-ins, covenants, or conditions of this Agreement, which after notice is given by the Landlord of such failure, Tenant continues to willfully or intentionally disregard such other terms, covenants and conditions of this Agreement. C. Any assignment for the benefit of creditors which creates a lien or encumbrance on the Premises without the prior written consent of the Landlord. d. Failure of Tenant to maintain insurance coverage as provided by this Agreement. 10. Remedies. Upon a default by Tenant, Landlord shall be entitled to all remedies at law or in equity arising from such default. In the event of any default by Tenant hereunder, Landlord at any time thereafter may, at its option, give Tenant five (5) days written notice of intention to terminate Tenant's right to possess the Premises and thereupon at the expiration of said five (5) days Tenant's possessory interest under this Agreement shall expire, and Tenant shall quit and surrender the Premises to Landlord. If Landlord elects to re -enter and recover possession of the Premises, Landlord may, at the election of Landlord, either terminate this Agreement or relet the Premises on such terms and conditions as Landlord may determine. 11. Termination. Upon the termination of the Agreement, 'Tenant shall: a. Return all keys and deliver possession of the Premises to Landlord in as good condition as at the commencement of the term, ordinary wear and casualty damage excepted; b. Leave undisturbed on the Premises all improvements and non -trade fixtures, which shall be deemed to be the property of Landlord;