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UnitecE States Banf<ruptcy Court praviding afl of the af�ove, wa€ving notice and hearing of the entry o� same. {ii) No default of this Lease by Tenant, either priar to or subsequent to the filing of such a p�titian, s�all be deemed to ha�e been waived unless expressly done so in writing by Landlord. (iii) It is understood and agreed that this is a�ease af real p�o�erty in a shopping center as such a leas� is described in 5ectian 365(b)(3} of the Banl<ruptcy Code. {iv} lncluded within and in addition �o any other conditions or obligations imposed ��an T�nant ar its successor in the event of assur�tption and/ar assignment are the following: {A) th� cure af any monetary defaults and the reimbursem�nt �f pecuniary loss within not more than thirty {30} days of assum�tion and/or asssgnment; and (B} the d,eposit of an aclditianal sum eq�al ta three (3) rnot�ths' rent to be held as a security cleposit; and (C) the use of the Premises set forth in the DATA SHEET and the quality, quantity and/or lines of inerchandise of any goods ot- service required to be affered for sale are ur�changed; and (D) the rearganfzed debtor or assigr�ee of s�ch deb�or in possession or of Tenant's trustee demonstrates in writing tl�a� it has sufficient bacl<ground incfuding, but not Eimited to, suE�stantial retailing experier�ce in shopping centers of comparable size and financia! abifity to operate a retaif estabfi$hment out of t�e Premises in the manner contemplated in this Lease and meet alf arher reasonable criteria af Landlord as did Tenant uport execution of this Lease; and (E) the prior written cons�nt o� any mortgag�e to which t�is Lease �as been assigned as coflateral security; and {F) the Premises, at a!I times, remaEr�s a single store and no physicaf chang�s of any I<ind may be made to the Premises unless ir� compfiance with t�e applicable �ro�isions of this �ease. (b) Other Defaults. 1# Tenant either: (i) fails to time�y pay any of its payments �o Landlord due hereur�der within 10 days of its d�e date; or (ii} fails to p�rform any of the other agt-eements, covenants, teri-ns and candi�ions of this L�ase, which default continues #ar 10 days after written notice frorr3 �.andlort� to Tenant; or (iii} vacates or abandons the Premises far a�eriod o� 30 consecutive days, or fails to con�inuously operate the Premises for a period of 72 consecutive hours; Landlord, ir� addition to all a�h�r rights and remedies availa#�le ta Landlord �y law or by other provisions hereof, may, w�thout process, re-enter immediately into th� Premises and remove al! persons and property, and, at Landlord's option, terrninate this Lease as to all future rights of Tenant. (c) Waiver. It is mutually agreed by and be�weer� �a�dlord ancf Tenant that the resp�ctive �arties hereto shall and they do hereby waive trial by jt�ry in any action, proceeding or counterclaim f�rought by eit�er parties hereto against the other (except for i4