Common use of Additional Remedies of Landlord Clause in Contracts

Additional Remedies of Landlord. A. If the Tenant shall, at any time during the Initial Term or any Extended Term of this Lease, be in default hereunder, and if the Landlord shall institute an action or summary or other proceeding against the Tenant based on such default, then the Tenant shall reimburse the Landlord for the expenses of attorneys' fees and disbursements thereby incurred by the Landlord, so far as the same are reasonable in amount. The amount of such expenses shall be deemed to be Additional Rent hereunder. B. Tenant shall have no right to occupy the Demised Premises or any portion thereof after the expiration of the Lease. In the event Tenant or any party claiming by, through or under Tenant, holds over, Landlord may exercise any and all remedies available to it at law or in equity to recover possession of the Demised Premises. If the Tenant shall hold over after expiration of the Term, including but not limited to an early termination, the parties hereby agree that the Tenant's occupancy of the Demised Premises after the expiration of the Term shall be upon all of the terms set forth in this Lease except Tenant shall pay use and occupany for the holdover period in the amount equal to the higher of an amount to one and half times the sum of (1) the base rent payable by Tenant for the last year of the Term; plus (2) all monthly installments of additional rent payable by Tenant pursuant to the terms of this Lease that would have been billable monthly by Landlord had the Term of this Lease not expired, prorated for the period of any such holdover. Tenant agrees to indemnify and save Landlord harmless against all cost, claims, loss or liability resulting from delay by Tenant in surrendering the premises at the expiration of the Lease term or upon a sooner termination, including without limitation any claims made by a succeeding tenants founded on such delay.

Additional Remedies of Landlord. A. If In the Tenant shallevent that this Lease is terminated in the manner set forth in Paragraph 20, at any time during hereof, or by court proceedings or otherwise, Landlord may for its own account, relet the Initial Term whole or any Extended portion of said Leased Premises for any period equal to or greater or less than the remainder of the Term for any sum which it may deem reasonable, to any tenant(s) which it may deem suitable and satisfactory, and for any use and purposes which it may deem appropriate, but in no event shall Landlord be under any obligation or duty to relet the same Leased Premises. In the event of such termination of this Lease, be or in the event of any default hereunderor event of default mentioned in Paragraph 20 hereof, and if whether or not the Leased Premises be relet, and whether this Lease be terminated or not, Landlord shall institute an action or summary or other proceeding against be entitled to recover of Tenant, and Tenant hereby agrees to pay Landlord as damages, the Tenant based on such default, then the Tenant shall reimburse the Landlord for the expenses of attorneys' fees and disbursements thereby incurred by the Landlord, so far as the same are reasonable in amount. following: (i) The amount of such expenses shall Basic Rental reserved under this Lease, less the rent, if any, collected by Landlord on reletting the Leased Premises, plus the Landlord's reasonable costs for reletting and the amount of any then unpaid Additional Rental. The aforementioned sums will be deemed to be Additional Rent hereunderdue within thirty (30) days of termination. B. (ii) In addition to the damages hereinbefore provided for in this Paragraph 21, an amount equal to the cost of (a) placing the Leased Premises in the condition in which Tenant shall has agreed to surrender them to Landlord, and (b) of performing any other covenant herein contained which Tenant has agreed to perform, other than the covenant to pay Basic Rental. Without any previous notice or demand, separate actions may be maintained by Landlord against Tenant from time to time to recover any damages which, at the commencement of any such action, have no right then or theretofore become due and payable to occupy Landlord under this Paragraph 21, without waiting until the Demised Premises or any portion thereof after the expiration end of the Lease. Term. (c) In the event Tenant of such termination of this Lease, or in the event of any party claiming bydefault or event of default mentioned in Paragraph 20 hereof, through and whether or under Tenantnot the Leased Premises be relet, holds overand whether this Lease be terminated or not, Landlord may exercise any shall, in addition to all other rights and all remedies available to it at by law or in equity or by any other provisions hereof, be entitled to recover possession of declare to be immediately due and payable all Basic Rental and Additional Rental reserved for the Demised Premises. If the Tenant shall hold over after expiration balance of the Term, including but not limited to an early termination, the parties hereby agree that the Tenant's occupancy of the Demised Premises after the expiration of the Term shall be upon all of the terms set forth in this Lease except Tenant shall pay use and occupany for the holdover period in the amount equal to the higher of an amount to one and half times the sum of (1) the base rent payable by Tenant for the last year of the Term; plus (2) all monthly installments of additional rent payable by Tenant pursuant to the terms of this Lease that would have been billable monthly by Landlord had the Term of this Lease not expired, prorated for the period of any such holdover. Tenant agrees to indemnify and save Landlord harmless against all cost, claims, loss or liability resulting from delay by Tenant in surrendering the premises at the expiration of the Lease term or upon a sooner termination, including without limitation any claims made by a succeeding tenants founded on such delay.

Additional Remedies of Landlord. A. If In the event that this Lease is terminated in the manner set forth in paragraph 20, hereof, or by court proceedings or otherwise, or if the Leased Premises shall be abandoned by Tenant shall, at any time during the Initial Term term hereof, Landlord may for its own account, relet the whole or any Extended Term portion of said Leased Premises for any period equal to or greater or less than the remainder of the original term of this Lease for any sum which it may deem reasonable, to any tenants which it may deem suitable and satisfactory, and for any use and purposes which it may deem appropriate, but in no event shall Landlord be under any obligation to relet the same Leased Premises for any purpose which Landlord may regard as injurious to the Leased Premises, or to any tenant which Landlord, in the exercise of reasonable discretion shall deem to be objectionable. In the event of such termination of this Lease, be or in the event of any default hereundermentioned in paragraph 20 hereof, and if whether or not the Leased Premises be relet, and whether this Lease be terminated or not, Landlord shall institute an action or summary or other proceeding against be entitled to recover of Tenant, and Tenant hereby agrees to pay Landlord as damages, the Tenant based on such default, then the Tenant shall reimburse the Landlord for the expenses of attorneys' fees and disbursements thereby incurred by the Landlord, so far as the same are reasonable in amount. following: (i) The amount of such expenses shall rent reserved under the lease, less the rent, if any, collected by Landlord on reletting the Leased Premises, plus the Landlord's reasonable costs for reletting. The aforementioned costs will be deemed to be Additional Rent hereunderdue within thirty (30) days of termination. B. (ii) In addition to the damages hereinbefore provided for in this paragraph 21, an amount equal to the cost of (a) placing the Leased Premises in the condition in which Tenant shall has agreed to surrender them to Landlord, and (b) of performing any other covenant herein contained which Tenant has agreed to perform, other than the covenant to pay rent. Without any previous notice or demand, separate actions may be maintained by Landlord against Tenant from time to time to recover any damages which, at the commencement of any such action, have no right then or theretofore become due and payable to occupy Landlord under this paragraph 21, without waiting until the Demised Premises or any portion thereof after the expiration end of the term of this Lease. . (c) In the event Tenant of such termination of this Lease or if the Leased Premises are abandoned or become vacant, or in the event of any party claiming bydefault mentioned in paragraph 21 hereof, through and whether or under Tenantnot the Leased Premises be relet, holds overand whether this Lease be terminated or not, Landlord may exercise any shall, in addition to all other rights and all remedies available to it at by law or in equity or by any other provisions hereof, be entitled to recover possession declare to be immediately due and payable all Basic Rental, Additional Rent charges, payments, costs and expenses herein reserved for the balance of the Demised Premises. If the Tenant shall hold over after expiration of the Term, including but not limited to an early termination, the parties hereby agree that the Tenant's occupancy of the Demised Premises after the expiration of the Term shall be upon all of the terms set forth in this Lease except Tenant shall pay use and occupany for the holdover period in the amount equal to the higher of an amount to one and half times the sum of (1) the base rent payable by Tenant for the last year of the Term; plus (2) all monthly installments of additional rent payable by Tenant pursuant to the terms term of this Lease that would have been billable monthly by Landlord had the Term of this Lease not expired, prorated for the period of any such holdover. Tenant agrees to indemnify and save Landlord harmless against all cost, claims, loss or liability resulting from delay by Tenant in surrendering the premises at the expiration of the Lease term or upon a sooner termination, including without limitation any claims made by a succeeding tenants founded on such delayLease.

Additional Remedies of Landlord. A. If (a) In the Tenant shallevent of any Event of Default, at any time during the Initial Term Deliberate Event of Default, re-entry, termination and/or dispossession by summary proceedings or any Extended Term of otherwise, in addition to, and not in lieu of, all other remedies which Landlord has under this Lease, at law or in equity: (1) the Fixed Minimum Rent shall become due thereupon and be in default hereunder, and if paid up to the Landlord shall institute an action or summary or other proceeding against the Tenant based on such default, then the Tenant shall reimburse the Landlord for the expenses of attorneys' fees and disbursements thereby incurred by the Landlord, so far as the same are reasonable in amount. The amount time of such expenses shall be deemed to be Additional Rent hereunder. B. Tenant shall have no right to occupy re-entry, dispossession and/or expiration; and (2) Landlord may relet the Demised Premises or any portion thereof after part or parts thereof, either in the expiration name of Landlord or otherwise, for a term which may at Landlord's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease, and may grant concessions or free rent and (3) Tenant or the legal representative of Tenant shall also pay Landlord at Landlord's option and whether or not Landlord has terminated or canceled this Lease, either liquidated damages calculated by the formula set forth in Section 17.02 hereof and the other damages referred to in Section 17.02(b), or as liquidated damages for the failure of Tenant to observe and perform said Tenant's covenants herein contained, for each month of the period which would otherwise have constituted the balance of the term, the excess, if any, of the sum of one monthly installment of Fixed Minimum Rent, the monthly portion of the payment of Tax Rent that would have been payable for the period in question but for such re-entry or termination, the monthly payment of Tenant's current proportionate share of Operating Costs over the net amount, if any, of the rents actually collected on account of the lease or leases of the Demised Premises for such month. The refusal or failure of Landlord to relet the Demised Premises or any part or parts thereof shall not release or affect Tenant's liability for damages. In computing such liquidated damages there shall be added to the said deficiency the damages set forth in Section 17.02(a) hereof and such expenses as Landlord may incur in connection with reletting, such as court costs, attorney's fees and disbursements, brokerage, and management fees and commissions, cost of putting and keeping the Demised Premises in good order and costs of preparing the Demised Premises for reletting as hereinafter provided. Any such liquidated damages shall be paid in monthly installments by Tenant on the day specified in this Lease for the payment of Fixed Minimum Rent and any action brought to collect the amount of deficiency for any month shall not prejudice in any way either the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding, or the rights of Landlord to elect to collect liquidated damages calculated by the formula set forth in Section 17.02 hereof, provided only that such liquidated damages shall be reduced by the amount, if any, of monthly liquidated damages collected by Landlord minus the actual cost (including attorney's fees and costs) of collecting such monthly liquidated damages. Landlord, at Landlord's option, may make such alterations, repairs, replacements and/or decorations in the Demised Premises as Landlord in Landlord's sole judgment considers advisable and necessary for the purpose of reletting the Demised Premises; and the making of such alterations and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the Demised Premises, or in the event that the Demised Premises are relet, for failure to collect the rent thereof under such reletting. (b) In lieu of the damages provided in Section 18.05(a), Landlord shall be entitled to: any and all rental arrearages, all such expenses as Landlord may incur in connection with the collection of such liquidated damages, such as court costs and reasonable attorney's fees, and disbursements (if any) necessary to return the Premises to the same condition of cleanliness, repair and order as the Premises were in upon the commencement of business under this Lease (excluding Tenant's personal property), reasonable wear and tear excepted, plus the lesser of: (i) two (2) times the sum of the then current annual Fixed Minimum Rent and all additional rent or (ii) a sum equal to the Fixed Minimum Rent and all additional rent multiplied by the number of months and/or fractional months which would have constituted the balance of the term. (c) In the event of a breach or threatened breach by Tenant of any of the covenants or any party claiming by, through or under Tenant, holds overprovisions hereof, Landlord may exercise shall have the right or injunction and the right to invoke any and all remedies available to it remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy shall not preclude Landlord from any other remedies under this Lease, or now or hereafter existing at law or in equity or by statute. (d) Tenant hereby expressly waives the service of notice of intention to recover re-enter or to institute legal proceedings to that end and any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of the Demised Premises. If the Tenant shall hold over after expiration Premises by reason of the Term, including but not limited to an early termination, the parties hereby agree that the Tenant's occupancy violation by Tenant of any of the Demised Premises after the expiration covenants and conditions of the Term shall be upon all of the terms set forth this Lease or otherwise. The words "re-enter" and "re-entry" as used in this Lease except Tenant shall pay use and occupany for the holdover period in the amount equal are not restricted to their technical legal meaning. Notwithstanding anything herein to the higher of an amount contrary, Landlord shall use commercially reasonable efforts to one and half times the sum of (1) the base rent payable by Tenant for the last year of the Term; plus (2) all monthly installments of additional rent payable by Tenant pursuant to the terms of this Lease that would have been billable monthly by Landlord had the Term of this Lease not expired, prorated for the period of any such holdover. Tenant agrees to indemnify and save Landlord harmless against all cost, claims, loss or liability resulting from delay by Tenant in surrendering the premises at the expiration of the Lease term or upon a sooner termination, including without limitation any claims made by a succeeding tenants founded on such delaymitigate its damages.

Additional Remedies of Landlord. A. If In the Tenant shallevent that this Lease is terminated in the manner set forth in Section 14 hereof, at any time during or by court proceedings or otherwise, Landlord may for its own account, relet the Initial Term or any Extended Term of this Lease, be in default hereunder, and if the Landlord shall institute an action or summary or other proceeding against the Tenant based on such default, then the Tenant shall reimburse the Landlord for the expenses of attorneys' fees and disbursements thereby incurred by the Landlord, so far as the same are reasonable in amount. The amount of such expenses shall be deemed to be Additional Rent hereunder. B. Tenant shall have no right to occupy the Demised Premises whole or any portion thereof after the expiration of the Lease. In Leased Premises for any period equal to, greater than, or less than the event Tenant or any party claiming by, through or under Tenant, holds over, Landlord may exercise any and all remedies available to it at law or in equity to recover possession remainder of the Demised Premises. If the Tenant shall hold over after expiration of the Term, including but not limited to an early termination, the parties hereby agree that the Tenant's occupancy of the Demised Premises after the expiration of the Term shall be upon all of the terms set forth in this Lease except Tenant shall pay use and occupany for the holdover period in the amount equal to the higher of an amount to one and half times the sum of (1) the base rent payable by Tenant for the last year of the Term; plus (2) all monthly installments of additional rent payable by Tenant pursuant to the terms of this Lease that would have been billable monthly by Landlord had the Term of this Lease for any sum which it may deem reasonable, to any tenants which it may deem suitable and satisfactory, and for any use and purposes which it may deem appropriate, but in no event shall Landlord be under any obligation to relet the Leased Premises for any purpose which Landlord may regard as injurious to the Leased Premises, or to any tenant which Landlord, in the exercise of reasonable discretion shall deem to be objectionable. In the event of a termination of the Lease pursuant to Section 14 hereof, and whether or not expiredthe Leased Premises be relet, prorated Landlord shall be entitled to recover from Tenant, and Tenant hereby agrees to pay to Landlord as damages, the following: A. An amount equal to the amount of the Rent reserved under this Lease, less the rent, if any, collected by Landlord on reletting the Leased Premises, which shall be due and payable by Tenant to Landlord on the days on which the Rent herein reserved would have become payable under this Lease. Landlord shall not be entitled to accelerate Rent due hereunder in any circumstance. B. In addition to the damages hereinbefore provided for in this Section 15, an amount equal to the period cost (a) of restoring the Leased Premises to the condition in which Xxxxxx has agreed to surrender it to Landlord and (b) of performing any other covenant herein contained which Xxxxxx has agreed to but failed to perform, other than the covenant to pay Rent. The damages mentioned in this subsection 15B shall become immediately due and payable by Tenant to Landlord upon the termination of this Lease. Without any previous notice or demand, separate actions may be maintained by Landlord against Tenant from time to time and at any time to recover any damages which, at the commencement of any such holdover. Tenant agrees action, have then or theretofore become due and payable to indemnify and save Landlord harmless against all costunder this Section 15, claims, loss or liability resulting from delay by Tenant in surrendering without waiting until the premises at the expiration end of the Lease term or upon a sooner termination, including without limitation any claims made by a succeeding tenants founded on such delayTerm.

Additional Remedies of Landlord. A. If In the Tenant shallevent of any Event of Default, re-entry, termination and/or dispossession by summary proceedings or otherwise, in addition to, and not in lieu of, all other remedies which Landlord has under this Lease, at any law or in equity; (1) the Base Rent, Common Area Maintenance Rent and all Additional Rent shall become due thereupon and be paid up to the time during of such re-entry, dispossession and/or expiration; and (2) Landlord may relet the Initial Term Leased Premises or any Extended Term part of parts thereof, either in the name of Landlord or otherwise for a term of rental which may at Landlord’s option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease, and at such rental or rentals and upon such other terms and conditions as Landlord, in its sole discretion, may deem advisable. Landlord may make such alterations and repairs as Landlord deems necessary in order to relet the Leased Premises. Upon each such reletting all rentals received by Landlord from such reletting shall be in default applied, first, to the payment of any costs and expenses of such reletting, including brokerage fees, attorneys’ fees and costs of such alterations and repairs; second, to the payment of any indebtedness other than rent due hereunder from Tenant to landlord; third, to the payment of rent due and unpaid hereunder, and the residue, if the any, shall be held by Landlord shall institute an action or summary or other proceeding against the Tenant based on such default, then the Tenant shall reimburse the Landlord for the expenses and applied in payment of attorneys' fees and disbursements thereby incurred by the Landlord, so far future rent as the same may become due and payable hereunder. If such rents received from such reletting during any month are reasonable in amountless than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord. The amount Such deficiency shall be calculated and paid monthly. No such reentry or taking possession of the Leased Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such expenses shall intention be deemed given to Tenant or unless the termination thereof be Additional Rent hereunderdecreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. B. Tenant Landlord shall have no right the election, in place and instead of holding Tenant so liable, to occupy the Demised Premises or any portion thereof after the expiration recover against Tenant, as liquidated damages for loss of the Lease. In the event Tenant or any party claiming bybargain and not as a penalty, through or under Tenant, holds over, Landlord may exercise any and all remedies available to it at law or in equity to recover possession of the Demised Premises. If the Tenant shall hold over after expiration of the Term, including but not limited to an early termination, the parties hereby agree that the Tenant's occupancy of the Demised Premises after the expiration of the Term shall be upon all of the terms set forth in this Lease except Tenant shall pay use and occupany for the holdover period in the amount a sum equal to the higher monthly amount of an amount Base Rent and all Additional Rent multiplied by the number of months and fractional months which would have constituted the balance of the term (or such lesser time period specified by Landlord), together with costs and reasonable attorney’s fees. Actions to one and half times the sum of (1) the base rent payable collect amounts due by Tenant for may be brought from time to time, on one or more occasions, without the last year necessity of the Term; plus (2) all monthly installments of additional rent payable by Tenant pursuant to the terms of this Lease that would have been billable monthly by Landlord had the Term of this Lease not expired, prorated for the period of any such holdover. Tenant agrees to indemnify and save Landlord harmless against all cost, claims, loss or liability resulting from delay by Tenant in surrendering the premises at Landlord’s waiting until the expiration of the Lease term term. X. Xxxxxx hereby expressly waives the service of notice of intention to re-enter or upon a sooner terminationto institute legal proceedings granted by or under any present or future laws in the event of Tenant being evicted or disposed for any cause, including without limitation or in any claims made event of Landlord obtaining possession of the Leased Premises by a succeeding tenants founded on such delayreason of the violation by Tenant of any of the covenants and conditions of this Lease or otherwise. The words “re-enter” and “re-entry” as used in this Lease are not restricted to their technical legal meaning.

Additional Remedies of Landlord. A. If In the event that this Lease is terminated in the manner set forth in Paragraph 20 because of the occurrence of an Event of Default, or if the Premises shall be abandoned by Tenant during the term hereof, Landlord shall, at any time during use its best efforts to relet the Initial Term whole or any Extended Term portion of said Premises for any period equal to or greater or less than the remainder of the original term of this Lease for a reasonable rent in relation to the then current market conditions to any tenants which it may deem suitable and satisfactory, and for any use and purposes which it may deem appropriate, but in no event shall Landlord be under any obligation to relet the same premises for any purpose which Landlord may regard as injurious to the Premises, or to any tenant which Landlord, in the exercise of reasonable discretion shall deem to be objectionable. In the event of such termination of this Lease because of the occurrence of an Event of Default or if the Premises are abandoned, and whether or not the Premises be relet, and whether this Lease be terminated or not, Landlord shall be entitled to recover of shall be entitled to recover of Tenant, and Tenant hereby agrees to pay to Landlord as damages, the following: A. An amount equal to the amount of the rent reserved under this Lease, less the rent, if any, collected by Landlord on reletting the Premises, which shall be due and payable by Tenant to Landlord on the several days on which the rent herein reserved would have become payable under this Lease. B. In addition to the damages hereinbefore provided for in this paragraph 21, an amount equal to the cost (1) of placing the Premises in the condition in which Tenant has agreed to surrender them to Landlord and (2) of performing any other covenant herein contained which Tenant has agreed to perform, other than the covenant to pay rent. The damages mentioned in this subdivision B shall become immediately due and payable by Tenant to Landlord upon the termination of this Lease. Without any previous notice or demand, separate actions may be maintained by Landlord against Tenant from time to time to recover any damages which, at the commencement of any such action, have then or theretofore become due and payable to Landlord under this paragraph 21, without waiting until the end of the term of this Lease, be in default hereunder, and if providing that any such action shall include all claims outstanding as of the Landlord shall institute an action or summary or other proceeding against date of the Tenant based on such default, then the Tenant shall reimburse the Landlord for the expenses of attorneys' fees and disbursements thereby incurred by the Landlord, so far as the same are reasonable in amount. The amount commencement of such expenses shall be deemed to be Additional Rent hereunderaction. B. Tenant shall have no right to occupy the Demised Premises or any portion thereof after the expiration of the Lease. In the event Tenant or any party claiming by, through or under Tenant, holds over, Landlord may exercise any and all remedies available to it at law or in equity to recover possession of the Demised Premises. If the Tenant shall hold over after expiration of the Term, including but not limited to an early termination, the parties hereby agree that the Tenant's occupancy of the Demised Premises after the expiration of the Term shall be upon all of the terms set forth in this Lease except Tenant shall pay use and occupany for the holdover period in the amount equal to the higher of an amount to one and half times the sum of (1) the base rent payable by Tenant for the last year of the Term; plus (2) all monthly installments of additional rent payable by Tenant pursuant to the terms of this Lease that would have been billable monthly by Landlord had the Term of this Lease not expired, prorated for the period of any such holdover. Tenant agrees to indemnify and save Landlord harmless against all cost, claims, loss or liability resulting from delay by Tenant in surrendering the premises at the expiration of the Lease term or upon a sooner termination, including without limitation any claims made by a succeeding tenants founded on such delay.

Additional Remedies of Landlord. A. (a) Upon the occurrence of any Event of Default, and whether or not Landlord elects to re-enter, as herein provided, or to take possession pursuant to legal proceedings or to any notice provided for by law, Landlord may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary in order to relet the Premises, and relet said Premises or any part thereof upon such term or terms (which may be for a term extending beyond the term of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; upon each such reletting all rentals received by Landlord from such reletting shall be applied, first, to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees and attorney's fees and costs of such alterations and repairs; third, to the payment of Rent due and unpaid hereunder, and the balance, if any, shall be held by Landlord and applied in payment of future Rent as the same may become due and payable hereunder. If such rental received from such reletting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such reentry or taking possession of said Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Tenant or unless the Tenant shalltermination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination., Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should Landlord at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such breach, including the cost of recovering the Premises, reasonable attorney's fees, and the worth at the time of such termination of the excess, if any, of the amount of Rent for the remainder of the stated term over the then reasonable rental value of the Premises for the remainder of the stated term, all of which amounts shall be immediately due and payable from Tenant to Landlord. In determining the Rent which would be payable by Tenant hereunder, subsequent to default, the annual Rent for each year of the unexpired terms shall be equal to the average Rent paid by Tenant from the Commencement Date to the time of default, or during the Initial Term or any Extended Term of this Leaseproceeding three (3) full calendar years, be in default hereunder, and if the Landlord shall institute an action or summary or other proceeding against the Tenant based on such default, then the Tenant shall reimburse the Landlord for the expenses of attorneys' fees and disbursements thereby incurred by the Landlord, so far as the same are reasonable in amount. The amount of such expenses shall be deemed to be Additional Rent hereunderwhichever period is shorter. B. Tenant shall have no right to occupy the Demised Premises or any portion thereof after the expiration of the Lease. (b) In the event of a breach or a threatened breach by Tenant of any of the covenants or any party claiming by, through or under Tenant, holds overprovisions hereof, Landlord may exercise shall have the right of injunction and the right to invoke any and all remedies available to it remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy shall not preclude Landlord from any other remedies under this Lease, now or hereafter existing at law or in equity or by statute. (c) Tenant hereby expressly waives the service of notice of intention to recover re-enter or to institute legal proceedings to that end and any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of the Demised Premises. If the Tenant shall hold over after expiration Premises by reason of the Term, including but not limited to an early termination, the parties hereby agree that the Tenant's occupancy violation by Tenant of any of the Demised Premises after the expiration covenants and conditions of the Term shall be upon all of the terms set forth this Lease or otherwise. The words "re-enter" and "re-entry" as used in this Lease except Tenant shall pay use and occupany for the holdover period in the amount equal are not restricted to the higher of an amount to one and half times the sum of (1) the base rent payable by Tenant for the last year of the Term; plus (2) all monthly installments of additional rent payable by Tenant pursuant to the terms of this Lease that would have been billable monthly by Landlord had the Term of this Lease not expired, prorated for the period of any such holdover. Tenant agrees to indemnify and save Landlord harmless against all cost, claims, loss or liability resulting from delay by Tenant in surrendering the premises at the expiration of the Lease term or upon a sooner termination, including without limitation any claims made by a succeeding tenants founded on such delayother technical legal meaning.

Additional Remedies of Landlord. A. If In the Tenant shallevent of any Event of Default, re-entry, termination and/or dispossession by summary proceedings or otherwise, in addition to, and not in lieu of, all other remedies which Landlord has under this Lease, at any law or in equity; (1) the Base Rent, Common Area Maintenance Rent and all Additional Rent shall become due thereupon and be paid up to the time during of such re-entry, dispossession and/or expiration; and (2) Landlord may relet the Initial Term Leased Premises or any Extended Term part of parts thereof, either in the name of Landlord or otherwise for a term of rental which may at Landlord's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease, and at such rental or rentals and upon such other terms and conditions as Landlord, in its sole discretion, may deem advisable. Landlord may make such alterations and repairs as Landlord deems necessary in order to relet the Leased Premises upon each such reletting all rentals received by Landlord from such reletting shall be in default hereunderapplied, first, to the payment of any costs and if the Landlord shall institute an action or summary or other proceeding against the Tenant based on such default, then the Tenant shall reimburse the Landlord for the expenses of such reletting, including brokerage fees, attorneys' fees and disbursements thereby incurred costs of such alterations and repairs; second, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; third, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be held by the Landlord, so far Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rents received from such reletting during any month are reasonable in amountless than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord. The amount Such deficiency shall be calculated and paid monthly. No such reentry or taking possession of the Leased Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such expenses shall intention be deemed given to be Additional Rent hereunder. B. Tenant shall have no right to occupy the Demised Premises or any portion thereof after the expiration of the Lease. In the event Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any party claiming by, through or under Tenant, holds oversuch reletting without termination, Landlord may exercise at any and all remedies available time thereafter elect to it at law or in equity to recover possession of the Demised Premises. If the Tenant shall hold over after expiration of the Term, including but not limited to an early termination, the parties hereby agree that the Tenant's occupancy of the Demised Premises after the expiration of the Term shall be upon all of the terms set forth in terminate this Lease except Tenant shall pay use and occupany for the holdover period in the amount equal to the higher of an amount to one and half times the sum of (1) the base rent payable by Tenant for the last year of the Term; plus (2) all monthly installments of additional rent payable by Tenant pursuant to the terms of this Lease that would have been billable monthly by Landlord had the Term of this Lease not expired, prorated for the period of any such holdover. Tenant agrees to indemnify and save Landlord harmless against all cost, claims, loss or liability resulting from delay by Tenant in surrendering the premises at the expiration of the Lease term or upon a sooner termination, including without limitation any claims made by a succeeding tenants founded on such delayprevious breach.

Additional Remedies of Landlord. A. If In the event that this Lease is terminated in the manner set forth in Section 19 hereof, or by court proceedings or otherwise, or if the Land shall be abandoned by Tenant shall, at any time during the Initial Term term hereof, Landlord may for her own account relet the whole or any Extended Term portion of said Land for any period equal to or greater or less than the remainder of the original term of this Lease for any sum which it may deem reasonable, to any tenants which it may deem suitable and satisfactory, and for any use and purposes which it may deem appropriate, but in no event shall Landlord be under any obligation to relet the Land for any purpose which Landlord may regard as injurious to the Land, or to any tenant which Landlord, in the exercise of reasonable discretion shall deem to be objectionable. In the event of such termination of this Lease, be or if the Land is abandoned, or in the event of any event of default hereundermentioned in Section 19 hereof, and if whether or not the Land be relet, and whether this Lease be terminated or not, Landlord shall institute an action or summary or other proceeding against the Tenant based on such default, then the Tenant shall reimburse the Landlord for the expenses be entitled to recover of attorneys' fees and disbursements thereby incurred by the Landlord, so far as the same are reasonable in amount. The amount of such expenses shall be deemed to be Additional Rent hereunder. B. Tenant shall have no right to occupy the Demised Premises or any portion thereof after the expiration of the Lease. In the event Tenant or any party claiming by, through or under Tenant, holds over, and Tenant hereby agrees to pay to Landlord may exercise any and all remedies available to it at law or in equity to recover possession of the Demised Premises. If the Tenant shall hold over after expiration of the Term, including but not limited to an early terminationas damages, the parties hereby agree that the Tenant's occupancy of the Demised Premises after the expiration of the Term shall be upon all of the terms set forth in this Lease except Tenant shall pay use and occupany for the holdover period in the following: (1) An amount equal to the higher amount of an amount to one the rent reserved under this Lease, less the rent, if any, collected by Landlord on reletting the Land, which shall be due and half times the sum of (1) the base rent payable by Tenant for to Landlord on the last year of several days on which the Term; plus rent herein reserved would have become payable under this Lease. (2) all monthly installments An amount equal to the cost (a) of additional rent placing the Land in the condition in which Tenant has agreed to surrender it to Landlord; and (b) of performing any other covenant herein contained which Tenant has agreed to perform, other than the covenant to pay rent. B. The damages mentioned in this Section 20 shall become immediately due and payable by Tenant pursuant to Landlord upon the terms termination of this Lease that would have been billable monthly Lease. Without any previous notice or demand, separate actions may be maintained by Landlord had against Tenant from time to time to recover any damages which, at the Term of this Lease not expired, prorated for the period commencement of any such holdover. Tenant agrees action, have then or theretofore become due and payable to indemnify and save Landlord harmless against all costunder this Section 20, claims, loss or liability resulting from delay by Tenant in surrendering without waiting until the premises at the expiration end of the Lease term or upon a sooner termination, including without limitation any claims made by a succeeding tenants founded on such delayof this Lease.

Additional Remedies of Landlord. A. If the Tenant shall, at any time during the Initial Term or any Extended Term of this Lease, be in default hereunder, and if the Landlord shall institute an action or summary or other proceeding against the Tenant based on such default, then the Tenant shall reimburse the Landlord for the expenses of attorneys' fees and disbursements thereby incurred by the Landlord, so far as the same are reasonable in amount. The amount of such expenses shall be deemed to be Additional Rent hereunder. B. Tenant shall have no right to occupy the Demised Premises or any portion thereof after the expiration of the Lease. In the event Tenant or any party claiming by, through or under Tenant, holds over, Landlord may exercise any and all remedies available to it at law or in equity to recover possession of the Demised Premises, and for damages. If the For each and every month or partial month that Tenant shall hold over after expiration or any party claiming by, through or under Tenant, remains in occupancy of the Term, including but not limited to an early termination, the parties hereby agree that the Tenant's occupancy all or any portion of the Demised Premises after the expiration of the Term shall be upon all Lease, or after termination of the terms set forth in this Lease except Lease, Tenant shall pay use pay, as damages and occupany for the holdover period in the amount not as a penalty, monthly rental at a rate equal to double the higher rate of an amount to one Basic Rent and half times the sum of any Additional Rent (1payable on a monthly basis) the base rent payable by Tenant for hereunder immediately prior to the last year expiration or other termination of the Term; plus (2) all monthly installments of additional rent payable by Tenant pursuant to the terms of this Lease that would have been billable monthly Lease. The acceptance by Landlord had the Term of this Lease not expired, prorated for the period of any lesser sum shall be construed as a payment on account and not in satisfaction of damages for such holdoverholding over. Tenant agrees to indemnify and save Landlord harmless against all cost, claims, loss or liability resulting from delay by Tenant in surrendering If the premises holding over occurs at the expiration of the Initial Term or any Extended Term under this Lease term or by reason of a termination by mutual agreement of the parties, the Landlord may as an alternative remedy, elect that such holding over shall constitute a renewal of this Lease for one (1) year at a rental equal to 150% of the rate of Basic Rent payable hereunder immediately prior to the expiration or termination of the Lease, and upon a sooner termination, including without limitation any claims made by a succeeding tenants founded on such delayall of the other covenants and agreements contained in this Lease.