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<br />any breach or default by Lessee under this Agreement, to collect and <br />retain the rents, (solely in the case of a sublease previously approved by <br />Lessor) issues, and profits, from the operation of Lessee's approved <br />business use, as they become due and payable, and so long as <br />payments to Lessor are also kept current. <br /> <br />F. Upon any breach or default, Lessor shall have the right at any time <br />afterward, without notice except as provided for previously, either in <br />person, by agent, or by a receiver to be appointed by a court, enter and <br />take possession of the Premises and collect rents, issues, and profits, <br />including those past due and unpaid, and apply the same, less costs and <br />expenses of operation and collection, including reasonable attorney fees, <br />upon any secured indebtedness, and in any order as Lessor may <br />determine. <br /> <br />G. In the event that Lessor should take any act to maintain or preserve the <br />Premises on Lessee's behalf, or seek the appointment of a receiver to <br />protect Lessor's interests under this Agreement, such acts shall not <br />constitute a termination of Lessee's right of possession unless Lessee <br />receives written notice from Lessor to regarding Lessor's election to <br />terminate. <br /> <br />35. SURRENDER <br />35.1 Upon the expiration of the Lease Term hereof and the leasehold interest created <br />hereby and subject to Lessor's lien rights set forth herein, Lessee shall remove <br />its interior and exterior signs and all of its movable trade fixtures, equipment, and <br />personal property from the Leased Premises and fully repair and/or restore all <br />damage thereto resulting from such removal, and Lessee shall thereupon <br />surrender the Leased Premises in the same condition as they were on the date <br />on which Lessor delivered possession of the Leased Premises to Lessee, <br />reasonable wear and tear excepted, unless the Lessor and Lessee agree to <br />allow the Lessor to retain the improvement. All property of any kind not removed <br />from the Leased Premises shall be deemed abandoned by Lessee. If the <br />Leased Premises are not surrendered at the end of the Lease Term, Lessee <br />shall indemnify, defend, protect and hold harmless Lessor against any claims, <br />demands, loss, costs and expenses, including, but not limited to, attorneys' fees, <br />or liability resulting from delay by Lessee in surrendering the Leased Premises <br />including but not limited to any loss arising from any claim made by any <br />succeeding lessee founded on such delay. <br /> <br />Except as provided herein, no act or conduct of the Lessor, whether consisting of <br />the acceptance of the keys to the Leased Premises, or otherwise, shall be <br />deemed to be or constitute an acceptance of the surrender of the Leased <br />Premises by the Lessee prior to the expiration of the Lease Term hereof, and <br />such acceptance by the Lessor of the surrender by the Lessee shall only flow <br />from and must be evidenced by a written acknowledgment of acceptance of <br />surrender signed by the Lessor. <br /> <br />36. COVENANTS AND CONDITIONS <br />36.1 All covenants made by Lessee hereby are conditions of this Agreement; <br />therefore, in the event of any default by Lessee in fulfilling any of the same, <br /> <br />A TTY/AGR/2007.067 <br />103107 <br /> <br />23 <br />