Without prejudice to the application of I and II of Article L. 622-13, the termination of the lease of buildings leased to the debtor and used for the business’s activity occurs under the following conditions:
1° On the day the lessor is informed of the administrator’s decision not to continue the lease. In this case, non-performance may give rise to damages to the co-contractor, the amount of which must be declared as a liability. The co-contractor may nevertheless defer restitution of the sums paid in excess by the debtor in performance of the contract until a ruling has been made on the damages;
2° Where the lessor applies for termination or has the termination of the lease established for non-payment of rent and charges relating to an occupation subsequent to the opening judgment, the lessor may only act after a period of three months from the said judgment.
If the sums due are paid before the expiry of this period, there is no grounds for termination.
Notwithstanding any clause to the contrary, failure to operate during the observation period in one or more buildings leased by the company shall not result in termination of the lease.