ADDITIONAL REMEDIES; DAMAGES Sample Clauses

ADDITIONAL REMEDIES; DAMAGES. If this Lease shall terminate as provided in this Article IX, then: (a) Tenant shall pay to Landlord all Base Rent, Percentage Rent and Additional Rent to the date of termination; (b) Landlord shall be entitled to retain all monies, if any, paid by Tenant to Landlord, whether as Base Rent, Percentage Rent, Additional Rent, Security Deposit or otherwise, but such monies shall be credited by Landlord against any Base Rent, Percentage Rent, or Additional Rent due at the time of such termination or, at Landlord's option, against any damages payable by Tenant; (c) Tenant shall be liable for and shall pay to Landlord, as damages, any deficiency between the Base Rent, Percentage Rent and Additional Rent payable for the period which otherwise would have constituted the unexpired portion of the Term (conclusively presuming the Percentage Rent and Additional Rent to be equal to the annual average of the Percentage Rent and Additional Rent payable for the three (3) years immediately preceding such termination or re-entry) and the net amount, if any, of rents ("Net Rent") collected under any reletting for any part of such period or under any subleases with subtenants which attorn to Landlord, after first deducting from the rents collected all of Landlord's expenses in connection with the termination of this Lease or Landlord's re-entry upon the Leased Premises and in connection with such reletting including all repossession costs, advertising costs, brokerage commissions, legal expenses, attorneys' fees, architect's fees, alteration costs and other expenses of preparing the Leased Premises for such reletting; (d) Any deficiency under Section 9.03(c) shall be paid in monthly installments by Tenant on the days specified in this Lease for the payment of installments of Base Rent. Landlord shall be entitled to recover from Tenant each monthly deficiency as the same shall arise and no suit to collect the amount of the deficiency for any month shall prejudice Landlord's right to collect the deficiency for any prior or subsequent month by a similar proceeding. Alternatively, suits for the recovery of such deficiencies may be brought by Landlord from time to time at its election; (e) Whether or not Landlord shall have collected any monthly deficiencies, Landlord shall be entitled to recover from Tenant, and Tenant shall pay Landlord, on demand, as and for liquidated and agreed final damages and not as a penalty, a sum equal to the amount by which the Base Rent, Percentage Ren...