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e.k voi F~9 ii6ia?4415 OF'Fi ~99p 6~8 8.2 Remedies. Upon the occurrence of any Event of Default set forth in this Lease, Lessor is entitled to pursue any one or more of the remedies set forth herein without any notice or demand: (a) Without declaring this Lease terminated, Lessor may enter upon and take possession of the Leased Premises, without judicial process, and, in compliance with applicable law, lock out, expel or remove Lessee and any other Person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages, in which event Lessor shall be entitled to receive (i) all Base Rent and other amounts accrued hereunder as of the date of termination of possession, (ii) reimbursement of any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs and (iii) all Base Rent and other net sums required hereunder to be paid by Lessee during the remainder of the Term, diminished by any net sums thereafter received by Lessor through reletting the Leased Premises during such period, after deducting all costs incurred by Lessor in reletting the Leased Premises. Lessor shall use reasonable efforts to relet the Leased Premises on such terms as Lessor in its sole discretion may determine (including a term different from the Term, rental concessions and alterations to, and improvement of, the Leased Premises). Lessor shall not be liable for, nor shall Lessee's obligations hereunder be diminished because of, Lessor's failure to relet the Leased Premises or to collect rent due for such reletting. Lessor shall not be entitled to the excess of any consideration retained by reletting over the Base Rent due hereunder. Reentry by Lessor in the Leased Premises shall not affect Lessee's obligations hereunder for the unexpired Term; rather, Lessor may, from time to time, bring an action against Lessee to collect amounts due by Lessee, without the necessity of Lessor waiting until the expiration of the Term. Unless Lessor delivers written notice to Lessee expressly stating that it has elected to terminate this Lease, all actions taken to dispossess or exclude Lessee from the Leased Premises shall be deemed to be taken under this Section 8.2(a). If Lessor elects to proceed under this Section 8.2(a), it may at any time elect to terminate this Lease under Section 8.2(c). (b) Without declaring this Lease terminated, Lessor may enter upon the Leased Premises, without judicial process and without being liable for any claim for damages, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any reasonable expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease; further, Lessee agrees that Lessor will not be liable for any damages resulting to Lessee from effecting compliance with Lessee's obligations under this Lease except to the extent caused by the negligence or willful misconduct of Lessor or otherwise. (c) Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, without judicial process, and, in compliance with applicable law, lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Section, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the C-16 903273.4