Agmt09 Hidden Dragon Tea House-HD Food Service Inc. - Lease Agreement

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Lessor with 15 days to cure the breach. If the breach cannot be cured within 15 days, the Lessee shall notify the Lessor of the reasons why the breach cannot be cured within the 15 day period, and shall propose a specific plan and schedule to cure the breach. The cure proposed by the Lessee must be diligently pursued to completion. 30.2 Opportunity to Cure Monetary Breach. If Lessee's breach involves the non- payment of rent or other charges, Lessor's notice to terminate must state the receivables due and must provide Lessee with 5 days to cure the breach. 30.3 If Lessee terminates this Agreement prior to the expiration of the current Lease term, Lessee shall be responsible for rent for the remainder of the Lease term. 31. ABANDONMENT AND NOTICE 31.1 Lessee shall not vacant or abandon the Leased Premise at any time during the term hereof; and if Lessee shall abandon, vacate or surrender the Leased Premises, or be dispossessed by process of law or otherwise, it shall be a material default under this Agreement. The term "abandoned" as used herein means vacation of the Leased Premises by Lessee or any sublessee or assignee of Lessee for a period of more than six (6) consecutive normal business days. 31.2 The Premises shall be deemed abandoned by the Lessee, within the meaning of Civil Code Section 1951.2, and the lease shall terminate, if the Lessor gives written notice of his or her belief of abandonment, as provided in Civil Code Section 1951.3, and the Lessee fails to give the Lessor written notice, before the date of termination specified in the Lessor's notice, stating that he or she does not intend to abandon the real property, and stating an address at which the Lessee may be served by certified mail in any action for unlawful detainer of the Premises. 31.3 The Lessor's notice of belief of abandonment shall be personally delivered to the Lessee, or sent by first class mail, postage prepaid, to the Lessee at his or her last known address. If Lessor has any reason to believe that the notice sent to that address will not be received by the Lessee, such notice shall also be sent to such other address, if any, known to the Lessor where the Lessee may reasonably be expected to receive the notice. 32. DEFAULTS BY LESSEE OR LESSOR 32.1 The occurrence of any of the following shall constitute a breach and material default of this Agreement by Lessee: a) The failure of Lessee to payor cause to be paid any rent, monies or other charges due Lessor as set forth in this Agreement on or before the due date for payment of any such amounts; (b) The failure of Lessee to maintain all insurance coverage as set forth in Article 11. (c) The abandonment of the Premises by Lessee, which shall mean failure to operate as set forth in this Agreement for six (6) consecutive days, except by prior written notice by Lessee and with the written consent of Lessor; ATTY/AGR/2009.024 061609 ~ln~iaIS Page 20