|
<br />discretion, shall determine, and Landlord shall not be required to accept any prospective Tenant offered by Tenant,
<br />or to observe any instruction given by Tenant about such reletting, or to do any act or exercise any care of diligence
<br />with respect to such reletting or to the mitigation of damages of Tenant. For the purpose of such reletting, Landlord
<br />may decorate or make repairs, changes, alterations or additions in or to the Demised Premises to the extent deemed
<br />by Landlord desirable or convenient. Ifthe consideration collected by Landlord upon any such reletting for Tenant's
<br />account is not sufficient to pay, as liquidated damages, the rental reserved in this Lease, plus an amount equal to five
<br />percent (5%) of the rent provided for in any new lease, plus the cost of repairs, alterations, additions, redecorating
<br />and Landlord's other expenses, Tenant agrees to pay to Landlord the deficiency upon demand.
<br />
<br />The service of any notice, demand for possession, re-possession or entry by Landlord, notice that the tenancy hereby
<br />created will be terminated on the date therein named, institution of any action for forcible detainer or the entering of
<br />a judgment for possession in such action, or any other act or acts resulting in the termination of Tenant's right to
<br />possession of the Demised Premises, shall not constitute a waiver or release of Tenant or an acceptance of surrender
<br />of the Premises, or terminate this Lease, nor shall it relieve Tenant from Tenant's obligations to pay the rent
<br />hereunder during the balance ofthe term or any extension thereof, except as therein expressly provided in writing.
<br />Landlord may collect and receive any rent due from Tenant, and the payment thereof shall not constitute a waiver of,
<br />or affect, any notice or demand given, suit instituted or judgment obtained by Landlord, or be held to waive, affect,
<br />change, modify or alter the rights or remedies which Landlord has in equity or at law by virtue of this Lease.
<br />
<br />Landlord, at any time after the occurrence of an Event of Default, without being under any obligation to do so and
<br />without thereby waiving such default, may cure the default for the account of Tenant (and enter the Demised
<br />Premises for such purpose), and thereupon Tenant shall be obligated and hereby agrees to pay to Landlord, upon
<br />demand, all costs, expenses and disbursements (including reasonable attorneys' fees) incurred by Landlord in curing
<br />such default, together with interest thereon at the rate and in the manner hereinafter specified in Section 24.13.
<br />
<br />F or all purposes of this Article XVIII the rental agreed to be paid by the Tenant or the amount of rental payable by
<br />the Tenant as liquidated damages or otherwise, shall be deemed to be the guaranteed rental (as specified in Section
<br />1.1 (j) of this Lease), all items of additional rental (including, without limitation, the charges for maintenance ofthe
<br />Common Area, as specified in Section 1.1 (1) of this Lease), and all other sums required to be paid by Tenant
<br />pursuant to the terms of this Lease. All such sums, other than the guaranteed rental, shall be computed on the basis
<br />ofthe average monthly amount thereof accruing or which was payable during the immediately preceding 24-month
<br />period, except that if it becomes necessary to compute such rental before such 24-month period has occurred, then
<br />the average monthly amount thereof accruing during such shorter period shall be the basis of such computation.
<br />Without limiting the foregoing, such computation shall include all amounts of percentage rent which Tenant was
<br />obligated to pay during such 24-month period.
<br />
<br />In the event Landlord shall have taken possession of the Demised Premises pursuant to the authority herein granted,
<br />then Landlord shall have the right to keep in place and use all of Tenant's fixtures, furniture, equipment,
<br />improvements, additions, alterations and other personal property at all times prior to any foreclosure thereon by
<br />Landlord or repossession thereof by any third party having a prior lien thereon or claim thereto. The remedies of
<br />Landlord shall be deemed cumulative and not exclusive of each other.
<br />
<br />If on account of any breach or default by Tenant in its obligations hereunder, Landlord shall employ an attorney to
<br />present, enforce or defend any of Landlord's rights or remedies hereunder, Tenant agrees to pay any reasonableVattorney's fees incurred by Landlord in such connection.
<br />
<br />INITIALS~
<br />
|