Common use of Damages Clause in Contracts

Damages. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of Article 17 hereof or in the event of the termination of this Lease (or of re-entry by or under any summary dispossess or other proceeding or action or any provision of law), Tenant will pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the then value of the excess, if any, of (1) the aggregate of the fixed rent and the additional rent under Article 24 hereof which would have been paid hereunder by Tenant had this Lease not so terminated, for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for the expiration of the full term granted, over (2) the aggregate rental value of the premises for the same period, or (b) sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if any) which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of the premises for all or any part of said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-letting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting the expenses, including attorneys fees, incurred or paid by Landlord in terminating this Lease and/or of re-entering the premises and of securing possession thereof, as well as the expenses of re-letting, including altering and preparing the premises for new tenants, brokers' commission, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises and the rental therefrom in connection with such re-letting, it being understood that any such re-letting may be for a period equal to, less than or longer than the remaining term of this Lease; provided, further, that (i) in no event shall Tenant be entitled to receive any excess or such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) to a credit in respect of any net rents from a re-letting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and (iii) if the premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For the purposes of subparagraph (a) of this Article 18, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or such re-entry. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been terminated under the provisions of Article 16 hereof, or under any provision of law, or had the Landlord not re-entered the premises. Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant.

Damages. In the event of any termination of If this Lease lease is terminated under the provisions of Article 16 hereof Section 6.03, or in the event that if Landlord shall re-enter enters the premises Demised Premises under the provisions of Article 17 hereof or in the event of the termination of this Lease (or of re-entry by or under any summary dispossess or other proceeding or action or any provision of law)Section 6.04, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which which, at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may betermination, represents the then value of the excess, if any, of of: (1) the aggregate of the fixed rent and the additional rent under Article 24 hereof which Rent which, had this lease not terminated, would have been paid payable hereunder by Tenant had this Lease not so terminated, for the period commencing with such earlier termination of this Lease or on the day following the date of any such termination or re-entry, as entry to and including the case may be, and ending with the date hereinbefore set for the expiration of the full term granted, Expiration Date; over (2) the aggregate fair rental value of the premises Demised Premises for the same periodperiod (for the purposes of this clause (a) the amount of Additional Rent which would have been payable by Tenant under Sections 2.02 and 2.03 shall, for each calendar year ending after such termination or re-entry, be deemed to be an amount equal to 105% of the amount of such Additional Rent payable by Tenant for the calendar year immediately preceding the calendar year in which such termination or re-entry shall occur in the case of the first such calendar year and the immediately prior calendar year in the case of each succeeding calendar year); or (b) sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if any) which Rent that would have been payable by Tenant through and including the Expiration Date had this Lease lease not so terminated, terminated or had Landlord not so re-entered the premisesDemised Premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby grantedin this lease; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let relet all or any part of the premises Demised Premises for all or any part of said periodthe period commencing on the day following the date of such termination or re-entry to and including the Expiration Date, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or lease and of re-entering the premises Demised Premises and of securing possession thereof, as well as the expenses of re-lettingreletting, including including, without limitation, altering and preparing the premises Demised Premises for new tenants, brokers' commission’ commissions, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises Demised Premises and the rental therefrom in connection with such re-lettingreletting, it being understood that any such re-letting reletting may be for a period equal to, less than to or shorter or longer than the remaining term of this Leasesaid period; provided, further, that that: (i) in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, under this lease; (ii) in no event shall Tenant be entitled entitled, in any suit for the collection of damages pursuant to this subparagraph (b) Section 6.05(b), to a credit in respect of any net rents from a re-letting reletting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and ; (iii) if the premises Demised Premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot rentable area basis shall be made of the rent received from such re-letting reletting and of the expenses of re-letting. For reletting; and (iv) Landlord shall have no obligation to so relet the purposes of subparagraph (a) of this Article 18Demised Premises and Tenant hereby waives any right Tenant may have, at law or in equity, to require Landlord to so relet the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or such re-entryDemised Premises. Suit or suits for the recovery of such damagesany damages payable hereunder by Tenant, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease Term or a renewal thereof would have expired if it had not been terminated under the provisions of Article 16 hereof, but for such termination or under any provision of law, or had the Landlord not re-entered the premises. Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenantentry.

Damages. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of Article 17 hereof or in the event of the termination of this Lease (or of re-entry by or under any summary dispossess or other proceeding or action or any provision of law), Tenant will pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the then value of the excess, if any, of (1) the aggregate of the fixed rent and the additional rent under Article 24 hereof which would have been paid hereunder by Tenant Xxxxxx had this Lease not so terminated, for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for the expiration of the full term granted, over (2) the aggregate rental value of the premises for the same period, or (b) sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if any) which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of the premises for all or any part of said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-letting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting the expenses, including attorneys fees, incurred or paid by Landlord in terminating this Lease and/or of re-entering the premises and of securing possession thereof, as well as the expenses of re-letting, including altering and preparing the premises for new tenants, brokers' commission, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises and the rental therefrom in connection with such re-letting, it being understood that any such re-letting may be for a period equal to, less than or longer than the remaining term of this Lease; provided, further, that (i) in no event shall Tenant be entitled to receive any excess or such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) to a credit in respect of any net rents from a re-letting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and (iii) if the premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For the purposes of subparagraph (a) of this Article 18, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or such re-entry. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been terminated under the provisions of Article 16 hereof, or under any provision of law, or had the Landlord not re-entered the premises. Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant.

Damages. In Whether or not this Lease or Tenant’s right of possession is terminated following such Default, Tenant nevertheless shall remain liable for: (a) all Basic Monthly Rent and Additional Rent (including, without limitation, all damages sustained by Landlord by reason of the event Default) which have become due until the expiration of the Term or sooner termination of the Lease (less the amount of rental, if any, that Landlord actually receives during such period from others to whom the Premises is rented (other than any Additional Rent received by Landlord as a result of any termination failure of this Lease under such other person to perform any of its obligations to Landlord)), and all costs, fees and expenses (including, without limitation, reasonable attorneys’ fees, brokerage fees, and expenses incurred in placing the provisions Premises in first-class rentable condition including, without limitation, alterations of Article 16 hereof the Premises), incurred by Landlord in pursuit of its remedies hereunder or in renting the event that Landlord shall re-enter the premises under the provisions of Article 17 hereof or in the event Premises to others from time to time (all such Basic Monthly Rent, Additional Rent, damages, costs, fees and expenses are herein called “Accrued Damages”); and (b) additional damages commencing as of the termination of this Lease day following the last day Accrued Damages are applicable (or of re-entry by or under any summary dispossess or other proceeding or action or any provision of law)herein called “Termination Damages”, Tenant will pay to Landlord as damageswhich, at the election of Landlord, either: shall be either (aprovided that Landlord may initially elect under Section 21.2.2(b)(i), and subsequently at any time elect under Section 21.2.2(b)(ii) a sum at which for the remaining applicable period at the time of such termination of this Lease or at election): (i) An amount equal to the time of any such re-entry by Landlord, as Basic Monthly Rent and Additional Rent that would have become due during the case may be, represents the then value remainder of the excessTerm, and, to the extent not included in Accrued Damages above, all costs, fees and expenses (including, without limitation, reasonable attorneys’ fees, brokerage fees, and expenses incurred in placing the Premises in first-class rentable condition including, without limitation, alterations of the Premises), incurred by Landlord in pursuit of its remedies hereunder or in renting the Premises to others from time to time, less the amount of rental, if any, that Landlord actually receives during such period from others to whom the Premises is rented (other than any Additional Rent received by Landlord as a result of (1) any failure of such other person to perform any of its obligations to Landlord), in which case such Termination Damages shall be computed and payable in monthly installments, in advance, on the aggregate first day of each calendar month following the fixed rent last day Accrued Damages are applicable and continuing until the additional rent under Article 24 hereof date on which the Term would have been paid hereunder by Tenant had this Lease not so terminated, expired but for the period commencing with such earlier termination of this Lease Tenant’s Default. Separate suits or the date of actions may be brought to collect any such re-entry, as the case may beTermination Damages for any month or months, and ending with such separate suits or action shall not in any manner prejudice the date hereinbefore set right of Landlord to collect any Termination Damages for any subsequent month or months by similar proceedings, or Landlord may defer any suits or actions until after the expiration of the full term granted, over Term; or (2ii) The amount determined by subtracting (A) the aggregate present value (as of the first date Termination Damages are applicable) of the fair rental value of the premises Premises for the same period, or (b) sums equal to the aggregate remainder of the fixed rent Term (in determining such fair rental value, the Basic Monthly Rent and operating cost charges then being paid by tenants for comparable space in comparable buildings in equally desirable locations in the additional rent under Article 24 hereof Fredericksburg regional area shall be considered), from (if anyB) which the present value (as of the first date Termination Damages are applicable) of all Basic Monthly Rent and Additional Rent that would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered become due during the premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration remainder of the full term hereby granted; providedTerm (with such present values being determined using a discount rate of eight percent (8%) per annum), howeverwhich Termination Damages shall be payable to Landlord in one lump sum on demand. For this purpose, Additional Rent shall be calculated on the basis that if Landlord Tenant’s Proportionate Share of increases in Operating Expenses and Taxes would increase at the rate such expenses have generally increased in the Fredericksburg regional area for comparable Buildings during the preceding five (Landlord5) years, however, not being obligated to do so) shall re-let all or any part of the premises for all or any part of said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-letting, such net rents to be as reasonably determined by first deducting from the gross rents as and when received by Landlord from such re-letting the expenses, including attorneys fees, incurred or paid by Landlord in terminating this Lease and/or of re-entering the premises and of securing possession thereof, as well as the expenses of re-letting, including altering and preparing the premises for new tenants, brokers' commission, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises and the rental therefrom in connection with such re-letting, it being understood that any such re-letting may be for a period equal to, less than or longer than the remaining term of this Lease; provided, further, that (i) in no event shall Tenant be entitled to receive any excess or such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) to a credit in respect of any net rents from a re-letting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and (iii) if the premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For the purposes of subparagraph (a) of this Article 18, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or such re-entry. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been terminated under the provisions of Article 16 hereof, or under any provision of law, or had the Landlord not re-entered the premises. Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of TenantLandlord.

Damages. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of Article 17 hereof or in the event of the termination of this Lease (or of re-re- entry by or under any summary dispossess or other proceeding or action or any provision of law), Tenant will pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the then value of the excess, if any, of of (1) the aggregate of the fixed rent and the additional rent under Article 24 hereof which would have been paid hereunder by Tenant Xxxxxx had this Lease not so terminated, for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for the expiration of the full term granted, over (2) the aggregate rental value of the premises for the same period, or (b) sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if any) which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of the premises for all or any part of said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-letting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting the expenses, including attorneys fees, incurred or paid by Landlord in terminating this Lease and/or of re-entering the premises and of securing possession thereof, as well as the expenses of re-re- letting, including altering and preparing the premises for new tenants, brokers' ’ commission, attorneys' ’ fees and all other similar or dissimilar expenses properly chargeable against the premises and the rental therefrom in connection with such re-re- letting, it being understood that any such re-letting may be for a period equal to, less than or longer than the remaining term of this Lease; provided, further, that (i) in no event shall Tenant be entitled to receive any excess or such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) to a credit in respect of any net rents from a re-letting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and (iii) if the premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-re- letting. For the purposes of subparagraph (a) of this Article 18, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or such re-entry. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been terminated under the provisions of Article 16 hereof, or under any provision of law, or had the Landlord not re-entered the premises. Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant.

Damages. 21.3.1 In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of Article 17 hereof or in the event of the termination of this Lease (or of re-entry by or under any summary dispossess or other proceeding or action or any provision of law), or in the event that Landlord shall reenter the Premises under the provisions of this Lease, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which at the time of such termination of this Lease or at the time of any such re-entry reentry by Landlord, as the case may be, represents the then value of the excess, if any, of (1i) the aggregate of the fixed rent installments of Base Rent and the additional rent under Article 24 hereof Additional Rent (if any) which would have been paid payable hereunder by Tenant Tenant, had this Lease not so terminatedterminated or had Landlord not reentered the Premises, for the period commencing with such earlier termination of this Lease or the date of any such re-entryreentry, as the case may be, and ending with the date hereinbefore set forth initially for the expiration of the full term grantedof this Lease pursuant to Articles 1 and 2, over (2ii) the aggregate rental value of the premises Premises for the same period, period (the amounts of each of clauses (i) and (ii) being first discounted to present value at an annual rate of six (6%) percent); or (b) sums equal to the aggregate of the fixed rent installments of Base Rent and the additional rent under Article 24 hereof Additional Rent (if any) which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered reentered the premisesPremises, payable upon the due dates therefor specified herein following such termination or such re-entry reentry and until the date hereinbefore Expiration Date originally set forth in this Lease for the expiration of the full term hereby grantedTerm; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of relet the premises for all or any part of Premises during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or and of re-entering reentering the premises Premises and of securing possession thereof, including reasonable attorneys’ fees and costs of removal and storage of Tenant’s property, as well as the expenses of re-lettingreletting, including altering repairing, restoring and preparing improving the premises Premises for new tenants, brokers' commission’ commissions, advertising costs, reasonable attorneys' fees ’ fees, and all other similar or dissimilar expenses properly chargeable against the premises Premises and the rental therefrom in connection with such re-lettingreletting, it being understood that any such re-letting reletting may be for a period equal to, less than to or shorter or longer than the remaining term of this Lease; provided, provided further, that (i1) in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii2) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph Subdivision (b) to a credit in respect of any net rents from a re-letting reletting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and (iii3) if the premises Premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting reletting and of the expenses of re-letting. For reletting, or if relet for a period longer than the purposes of subparagraph (a) remaining Term of this Article 18Lease, the amount expenses of additional rent which would have been payable by Tenant under Article 24 hereof reletting shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or such re-entry. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been terminated under the provisions of Article 16 hereof, or under any provision of law, or had the Landlord not re-entered the premises. Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder apportioned based on the part of Tenantrespective periods.

Damages. In the event of any termination of 18.01. If this Lease is terminated under the provisions of Article 16 hereof 16, or in the event that if Landlord shall re-enter the demised premises under the provisions of Article 17 hereof 17, or in the event of the termination of this Lease (Lease, or of re-entry by or under any summary dispossess or other proceeding or action or any provision of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the then value of the excess, if any, of of (1) the aggregate of the fixed basic annual rent and the additional rent under Article 24 hereof payable hereunder which would have been paid hereunder payable by Tenant had this Lease not so terminated, for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for Expiration Date, had this Lease not so terminated or had Landlord not so re-entered the expiration of the full term granteddemised premises, over over (2) the aggregate rental value of the demised premises for the same period, or (b) sums equal to the aggregate of the fixed basic annual rent and the additional rent under Article 24 hereof (if any) payable hereunder which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the demised premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby grantedExpiration Date; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of the demised premises for all or any part of during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-letting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting, the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or of or in re-entering the demised premises and of in securing possession thereof, as well as the expenses of re-letting, including altering and preparing the demised premises for new tenants, brokers' commission’ commissions, attorneys' fees legal fees, and all other similar or dissimilar expenses properly chargeable against the demised premises and the rental therefrom in connection with such re-letting, thereof; it being understood that any such re-letting may be for a period equal to, less than shorter or longer than the remaining term of this Lease; provided, further, that (i) in . In no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunderhereunder for the period of such re-letting, (ii) in no event nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) subsection to a credit in respect of any net rents from a re-letting letting, except to the extent that such net rents are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the demised premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For If the purposes demised premises or any part thereof be re-let by Landlord for the unexpired portion of subparagraph (a) the term of this Article 18Lease, or any part thereof, before presentation of proof of such damages to any court, commission or tribunal, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or pursuant to such re-entryletting shall, prima facie, be the fair and reasonable rental value for the demised premises, or part thereof, so re-let during the term of the re-letting. Only to the extent mandated by a Legal Requirement, Landlord shall endeavor to exercise reasonable efforts to mitigate damages. Notwithstanding the foregoing, Landlord shall be under no obligation in re-letting the demised premises to: (i) give priority to the rental thereof over other available space in the Building, (ii) modify the tenant mix in the Building that Landlord seeks to achieve, (iii) contract with a party at a rental below fair market value, as determined by Landlord, (iv) contract with a party which fails to meet Landlord’s standards of adequate creditworthiness, (v) contract with a party which does not meet the requirements of any Superior Instruments (defined in Section 25.01.(a) hereof), (vi) contract with a party which could impose an increased burden on the services or facilities of the Building, or (vii) contract with a party represented by a broker, agent or salesperson who requests of Landlord a commission on terms unacceptable to Landlord. If the demised premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot basis shall be made of the rent received from such re-letting and of the expenses of re-letting 18.02. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease Term would have expired if it had not been so terminated under the provisions of Article 16 hereof16, or under any provision of law, or had the Landlord not re-entered the demised premises. Nothing herein contained shall be construed as limiting to limit or precluding the preclude recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant. Nothing herein contained shall be construed to limit or prejudice the right of Landlord to prove for and obtain as liquidated damages by reason of the termination of this Lease or re-entry of the demised premises for the default of Tenant under this Lease, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved whether or not such amount be greater, equal to, or less than any of the sums referred to in Section 18.01.

Damages. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of Article 17 hereof or in the event of the termination of this Lease (or of re-entry by or under any summary dispossess or other proceeding or action or any provision of law), Tenant will pay to Landlord as damages, at the election of Landlord, either: (a) : a sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the then value of the excess, if any, of (1) the aggregate of the fixed rent and the additional rent under Article 24 hereof which would have been paid hereunder by Tenant had this Lease not so terminated, for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for the expiration of the full term granted, over (2) the aggregate rental value of the premises for the same period, or (b) or sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if any) which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of the premises for all or any part of said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-letting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting the expenses, including attorneys fees, incurred or paid by Landlord in terminating this Lease and/or of re-entering the premises and of securing possession thereof, as well as the expenses of re-letting, including altering and preparing the premises for new tenants, brokers' commission, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises and the rental therefrom in connection with such re-letting, it being understood that any such re-letting may be for a period equal to, less than or longer than the remaining term of this Lease; provided, further, that (i) in no event shall Tenant be entitled to receive any excess or such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) to a credit in respect of any net rents from a re-letting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and (iii) if the premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For the purposes of subparagraph (a) of this Article 18, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or such re-entry. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been terminated under the provisions of Article 16 hereof, or under any provision of law, or had the Landlord not re-entered the premises. Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant.

Damages. In Whether or not Landlord shall elect to terminate this Lease pursuant to Subsection 24(b)(iii) above, notwithstanding reentry upon the Premises by Landlord and in addition to and without limiting Landlord’s right to other damages, upon the occurrence of an event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord default Tenant shall re-enter the premises under the provisions of Article 17 hereof or in the event of the termination of this Lease (or of re-entry by or under any summary dispossess or other proceeding or action or any provision of law), Tenant will pay be and remain liable to Landlord in an amount computed as damages, at the election of Landlord, either: follows: (a) a sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the then value of the excess, if any, of (1) the aggregate of the fixed rent and the additional rent under Article 24 hereof which would have been paid hereunder by Tenant had this Lease not so terminated, for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for the expiration of the full term granted, over (2) the aggregate rental value of the premises for the same period, or (b) sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if any) which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of the premises for all or any part of said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-letting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting the expenses, including attorneys fees, incurred or paid by Landlord in terminating this Lease and/or of re-entering the premises and of securing possession thereof, as well as the expenses of re-letting, including altering and preparing the premises for new tenants, brokers' commission, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises and the rental therefrom in connection with such re-letting, it being understood that any such re-letting may be for a period equal to, less than or longer than the remaining term of this Lease; provided, further, that (i) in no event shall Tenant be entitled to receive any excess or such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) to a credit in respect of any net rents from a re-letting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and (iii) if the premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For the purposes of subparagraph (a) of this Article 18, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall be deemed to be an amount equal to the amount sum of such additional rent all Rent then in arrears plus the aggregate of all Rent which is payable by Tenant under this Lease for the applicable period ending immediately preceding such termination balance of this Lease or such re-entry. Suit or suits for the recovery Term, computed as if no event of such damages, or default had occurred and any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it reentry had not been terminated made; plus (b) all costs and expenses incurred by Landlord in connection with the event of default and any reletting of the Premises, including, without limitation, (i) costs of reentry, repair and renovation, (ii) the value of all inducements granted or paid to new tenants of the Premises in connection with reletting including, without limitation, construction allowances and the value of rent-free periods, (iii) brokers’ commissions and advertising expenses, (iv) watchman’s wages and any sheriff’s, xxxxxxxx’s, constable’s or other officials’ commissions, chargeable to Landlord; plus (c) interest accrued on the aggregate of the aforesaid sums from the date each was payable (or, with respect to sums owing under clause (b) from the provisions date each was incurred by Xxxxxxxx) until paid by Xxxxxx (whether before or after judgment) at the rate of Article 16 hereof, or under any provision of law, or had the Landlord not re-entered the premises. Nothing herein contained Interest; which sum shall be construed as limiting or precluding the recovery credited with (d) all rentals actually received by Landlord against during the remainder of the Term from any replacement Tenant of any sums or damages to which, in addition to which the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of TenantPremises are relet.

Damages. In the event of any termination of 26.1 If this Lease is terminated under the provisions of Article 16 hereof 24, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of Article 17 hereof 25, or in the event of the termination of this Lease (Lease, or of re-entry entry, by or under any summary dispossess or other proceeding or action or of any provision of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) a A sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the then value of the excess, if any, of (1i) the aggregate of the fixed rent and the additional rent under Article 24 hereof payable hereunder which would have been paid hereunder payable by Tenant had this Lease not so terminated, (conclusively presuming the additional rent to be the same as was payable for the year immediately preceding such termination) for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for Expiration Date, had this Lease not so terminated or had Landlord not so re-entered the expiration of the full term grantedDemised Premises, over (2ii) the aggregate rental value of the premises Demised Premises for the same period, or (b) sums Sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if anyas above presumed) payable hereunder which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premisesDemised Premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of the premises for all or any part of said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-letting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting the expenses, including attorneys fees, incurred or paid by Landlord in terminating this Lease and/or of re-entering the premises and of securing possession thereof, as well as the expenses of re-letting, including altering and preparing the premises for new tenants, brokers' commission, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises and the rental therefrom in connection with such re-letting, it being understood that any such re-letting may be for a period equal to, less than or longer than the remaining term of this Lease; provided, further, that (i) in no event shall Tenant be entitled to receive any excess or such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) to a credit in respect of any net rents from a re-letting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and (iii) if the premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For the purposes of subparagraph (a) of this Article 18, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or such re-entry. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been terminated under the provisions of Article 16 hereof, or under any provision of law, or had the Landlord not re-entered the premises. Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant.dates

Damages. In the event of any termination of 27.01 If this Lease lease is terminated under the provisions of Article 16 hereof 25, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of Article 17 hereof 26, or in the event of the termination of this Lease (lease, or of re-entry entry, by or under any summary dispossess or other proceeding or action or any provision of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which at the time of such termination of this Lease lease or at the time of any such re-entry by Landlord, as the case may be, represents the then value of the excess, if any, of of: (1i) the aggregate of the fixed rent and the additional rent under Article 24 hereof payable hereunder which would have been paid hereunder payable by Tenant had this Lease not so terminated, (conclusively presuming the additional rent to be the same as was payable for the year immediately preceding such termination) for the period commencing with such earlier termination of this Lease lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for Expiration Date, had this lease not so terminated or had Landlord not so re-entered the expiration of the full term granted, over Demised Premises; over (2ii) the aggregate rental value of the premises Demised Premises for the same period, ; or (b) sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if anyas above presumed) payable hereunder which would have been payable by Tenant had this Lease lease not so terminated, or had Landlord not so re-entered the premisesDemised Premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; Expiration Date, provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of relet the premises for all or any part of Demised Premises during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or of lease or in re-entering the premises Demised Premises and of in securing possession thereof, as well as the expenses of re-lettingreletting, including altering and preparing the premises Demised Premises for new tenantsTenants, brokers' commission’ commissions, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises Demised Premises and the rental therefrom in connection with such re-lettingtherefrom, it being understood that any such re-letting reletting may be for a period equal to, less than shorter or longer than the remaining term of this Leaselease; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) Subsection to a credit in respect of any net rents from a re-letting reletting, except to the extent that such net rents are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Demised Premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot area basis (for equivalent space) shall be made of the rent received from such re-letting reletting and of the expenses of re-lettingreletting. For If the purposes Demised Premises or any part thereof be relet by Landlord for the unexpired portion of subparagraph (a) the term of this Article 18lease, or any part thereof, before presentation of proof of such damages to any court, commission or tribunal, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall reserved upon such reletting shall, prima facie, be deemed to be an amount equal to the amount of such additional rent payable by Tenant fair and reasonable rental value for the applicable period ending immediately preceding such termination Demised Premises, or part thereof, so relet during the term of this Lease or such re-entry. the reletting. 27.02 Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease lease would have expired if it had not been so terminated under the provisions of Article 16 hereof25, or under any provision of law, or had the Landlord not re-entered the premisesDemised Premises. Nothing herein contained shall be construed as limiting to limit or precluding the preclude recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant. Nothing herein contained shall be construed to limit or prejudice the right of Landlord to prove for and obtain as liquidated damages by reason of the termination of this lease or re-entry on the Demised Premises for the default of Tenant under this lease, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved whether or not such amount be greater, equal to, or less than any of the sums referred to in Section 27.01.

Damages. In the event of any termination of 24.01. If this Lease is terminated under the provisions of Article 16 hereof 22 hereof, or in the event that if Landlord shall re-enter reenter the premises Premises under the provisions of Article 17 hereof 23 hereof, or in the event of the termination of this Lease (Lease, or of re-entry reentry, by or under any summary dispossess or other proceeding or action or any provision of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which at the time of such termination of this Lease or at the time of any such re-entry reentry by Landlord, as the case may be, represents the then value of the excess, if anyany (assuming a discount at a rate per annum equal to the interest rate then applicable to 7-year Federal Treasury Bonds), of (1i) the aggregate amount of the fixed rent Fixed Rent and the additional rent Additional Charges under Article 24 3 hereof which would have been paid hereunder payable by Tenant had this Lease not so terminated(conclusively presuming the average monthly Additional Charges under Article 3 hereof to be the same as were payable for the last 12 calendar months, or if less than 12 calendar months have then elapsed since the Commencement Date, all of the calendar months immediately preceding such termination or reentry) for the period commencing with such earlier termination of this Lease or the date of any such re-entryreentry, as the case may be, and ending with the date hereinbefore set for contemplated as the expiration of date hereof if this Lease had not so terminated or if Landlord had not so reentered the full term grantedPremises, over (2ii) the aggregate fair market rental value of the premises Premises for the same period, or (b) sums equal to the aggregate of the fixed rent Fixed Rent and the additional rent Additional Charges under Article 24 3 hereof (if any) which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered reentered the premisesPremises, payable upon the due dates therefor specified herein following such termination or such re-entry reentry and until the date hereinbefore set for contemplated as the expiration of date hereof if this Lease had not so terminated or if Landlord had not so reentered the full term hereby granted; Premises, provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of relet the premises for all or any part of Premises during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or of re-entering or in reentering the premises Premises and of in securing possession thereof, as well as the expenses of re-lettingreletting, including including, without limitation, altering and preparing the premises Premises for new tenants, brokers' commission’ commissions, attorneys' fees reasonable legal fees, and all other similar or dissimilar expenses properly chargeable against the premises Premises and the rental therefrom in connection with such re-lettingtherefrom, it being understood that any such re-letting reletting may be for a period equal to, less than shorter or longer than the remaining term of this Lease; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) subdivision to a credit in respect of any net rents from a re-letting reletting, except to the extent that such net rents are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting reletting and of the expenses of re-lettingreletting. For If the purposes Premises or any part thereof be relet by Landlord for the greater of subparagraph ten (a10) years or the unexpired portion of the term of this Article 18Lease, or any part thereof, before presentation of proof of such damages to any court, commission or tribunal, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall reserved upon such reletting shall, prima facie, be deemed to be an amount equal to the amount of such additional rent payable by Tenant fair and reasonable rental value for the applicable period ending immediately preceding Premises, or part thereof, so relet during the term of the reletting. Landlord shall not be liable in any way whatsoever for its failure or refusal to relet the Premises or any part thereof, or if the Premises or any part thereof are relet, for its failure to collect the rent under such termination of reletting, and no such refusal or failure to relet or failure to collect rent shall release or affect Tenant’s liability for damages or otherwise under this Lease or such re-entryLease. 24.02. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been so terminated under the provisions of Article 16 22 hereof, or under any provision of law, or had the Landlord not re-entered reentered the premisesPremises. Nothing herein contained shall be construed as limiting to limit or precluding the preclude recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant. Nothing herein contained shall be construed to limit or prejudice the right of Landlord to prove for and obtain as damages by reason of the termination of this Lease or reentry on the Premises for the default of Tenant under this Lease an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved whether or not such amount be greater than any of the sums referred to in Section 24.01 hereof.

Damages. In the event of any termination of 18.01. If this Lease is terminated under the provisions of Article 16 hereof 16, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of Article 17 hereof 17, or in the event of the termination of this Lease (Lease, or of re-entry by or under any summary dispossess or other proceeding or action or any provision of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the then value of the excess, if any, of of (1) the aggregate of the fixed rent Basic Annual Rent and the additional rent under Article 24 hereof payable hereunder which would have been paid hereunder payable by Tenant had this Lease (conclusively presuming the additional rent to be the same as was payable for the year immediately preceding such termination except that additional rent on account of Taxes and Property Expenses shall be presumed to increase at the average of the rates of increase thereof previously experienced by Landlord during the period (not so terminated, to exceed 3 years) prior to such termination) for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for Expiration Date, had this Lease not so terminated or had Landlord not so re-entered the expiration of the full term grantedDemised Premises, over over (2) the aggregate rental value of the premises Demised Premises for the same period, or (b) sums equal to the aggregate of the fixed rent Basic Annual Rent and the additional rent under Article 24 hereof (if any) payable hereunder which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premisesDemised Premises, payable upon the due dates therefor specified herein following such termination or such re-re- entry and until the date hereinbefore set for the expiration of the full term hereby grantedExpiration Date; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of the premises for all or any part of Demised Premises during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-letting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting, the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or of or in re-entering the premises Demised Premises and of in securing possession thereof, as well as the expenses of re-letting, including altering and preparing the premises Demised Premises for new tenants, brokers' commissioncommissions, attorneys' fees legal fees, and all other similar or dissimilar expenses properly chargeable against the premises Demised Premises and the rental therefrom in connection with such re-letting, thereof; it being understood that any such re-letting may be for a period equal to, less than shorter or longer than the remaining term of this Lease; provided, further, that (i) in . In no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunderhereunder for the period of such re-letting, (ii) in no event nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) subsection to a credit in respect of any net rents from a re-letting letting, except to the extent that such net rents are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Demised Premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For If the purposes Demised Premises or any part thereof be re-let by Landlord for the unexpired portion of subparagraph (a) the term of this Article 18Lease, or any part thereof, before presentation of proof of such damages to any court, commission or tribunal, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or pursuant to such re-entryletting shall, prima facie, be the fair and reasonable rental value for the Demised Premises, or part thereof, so re-let during the term of the re-letting. 18.02. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease Term would have expired if it had not been so terminated under the provisions of Article 16 hereof16, or under any provision of law, or had the Landlord not re-entered the premisesDemised Premises. Nothing herein contained shall be construed as limiting to limit or precluding the preclude recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant. Nothing herein contained shall be construed to limit or prejudice the right of Landlord to prove for and obtain as liquidated damages by reason of the termination of this Lease or re-entry of the Demised Premises for the default of Tenant under this Lease, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved whether or not such amount be greater, equal to, or less than any of the sums referred to in Section 18.01.

Damages. In the event of any termination of 24.01. If this Lease lease is terminated under the provisions of Article 16 hereof 22, or in the event that if Landlord shall re-enter reenter the premises Premises under the provisions of Article 17 hereof 23, or in the event of the termination of this Lease (lease, or of re-entry reentry, by or under any summary dispossess or other proceeding or action or any provision of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which at the time of such termination of this Lease lease or at the time of any such re-entry reentry by Landlord, as the case may be, represents the then value of the excess, if anyany (assuming a discount at a rate per annum equal to the interest rate then applicable to United States Treasury Bonds having a term which most closely approximates the period commencing on the date that this lease is so terminated, or the date on which Landlord re-enters the Premises, as the case may be, and ending on the date on which this lease was scheduled to expire but for such termination or reentry, which date shall be the last day of the next succeeding Extension Term if Tenant timely delivered an Extension Election Notice prior to the exercise by Landlord of its rights under Article 22 or 23), of (1i) the aggregate amount of the fixed rent Fixed Rent and the additional rent under Article 24 hereof Net Taxes Additional Charges which would have been paid hereunder payable by Tenant had this Lease not so terminated(conclusively presuming the average monthly Net Taxes Additional Charges to be the same as were payable for the last twelve (12) calendar months, or if less than twelve (12) calendar months have then elapsed since the Commencement Date, all of the calendar months immediately preceding such termination or reentry) for the period commencing with such earlier termination of this Lease lease or the date of any such re-entryreentry, as the case may be, and ending with the date hereinbefore set for contemplated as the expiration date hereof if this lease had not so terminated or if Landlord had not so reentered the Premises, which date shall be the last day of the full term grantednext succeeding Extension Term if Tenant timely delivered an Extension Election Notice prior to the exercise by Landlord of its rights under Article 22 or 23, over (2ii) the aggregate fair market rental value of the premises Premises for the same period, or (b) sums equal to the aggregate of the fixed rent Fixed Rent and the additional rent under Article 24 hereof (if any) Net Taxes Additional Charges which would have been payable by Tenant had this Lease lease not so terminated, or had Landlord not so re-entered reentered the premisesPremises, payable upon the due dates therefor specified herein following such termination or such re-entry reentry and until the date hereinbefore set for contemplated as the expiration date hereof if this lease had not so terminated or if Landlord had not so reentered the Premises (which date shall be the last day of the full term hereby grantednext succeeding Extension Term if Tenant timely delivered an Extension Election Notice prior to the exercise by Landlord of its rights under Article 22 or 23); provided, however, that if Landlord (Landlordshall relet the Premises during said period, however, not being obligated to do so) shall re-let all or receive any part other income or consideration in connection with the use or occupancy of the premises for all Premises or any part otherwise deriving therefrom (including without limitation through the receipt of said periodinsurance or condemnation proceeds), Landlord shall credit Tenant with the net rents actually received by Landlord from such re-lettingreletting (or the net amounts of such other income or consideration), such net rents and other amounts to be determined by first deducting from the gross rents from such reletting (or the gross amounts of such other income or consideration) as and when received by Landlord from such re-letting the expenses, including attorneys fees, reasonable and actual expenses incurred or paid by Landlord in terminating this Lease and/or of re-entering lease or in reentering the premises Premises and of in securing possession thereof, as well as the reasonable and actual expenses of re-lettingreletting (including, including without limitation, altering and preparing the premises Premises for new tenants, brokers' commission’ commissions, attorneys' fees reasonable legal fees, and all other similar or dissimilar customary and reasonable expenses properly chargeable against the premises Premises and the rental therefrom in connection with therefrom) or of realizing such re-lettingother income or consideration, it being understood that any such re-letting reletting may be for a period equal to, less than shorter or longer than the remaining term Term, which date shall be the last day of this Leasethe next succeeding Extension Term if Tenant timely delivered an Extension Election Notice prior to the exercise by Landlord of its rights under Article 22 or 23; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents or other amounts over the sums payable by Tenant to Landlord hereunder, (ii) in no event nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) subdivision to a credit in respect of any net rents from a re-letting reletting or any net amounts of such other income or consideration, except to the extent that such net rents or other amounts are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting reletting and of the expenses of re-lettingreletting. For If the purposes Premises or any part thereof be relet by Landlord for the unexpired portion of subparagraph (a) the Term, or any part thereof, before presentation of this Article 18proof of such damages to any court, commission or tribunal, the amount of additional rent which would reserved upon such reletting shall, prima facie, be the fair and reasonable rental value for the Premises, or part thereof, so relet during the term of the reletting, provided that such reletting shall constitute a bona-fide arm’s-length third party transaction. Notwithstanding anything to the contrary contained in this lease, except as may be required by then applicable Legal Requirements, Landlord shall have been no obligation to relet the Premises or mitigate damages if this lease shall terminate in accordance with Article 22 and Landlord shall not be liable in any way whatsoever for its failure to relet the Premises or any part thereof, or if the Premises or any part thereof are relet, for its failure to collect the rent under such reletting, and no such failure to relet or failure to collect rent shall release or affect Tenant’s liability for damages or otherwise under this lease. If Landlord or any Affiliate of Landlord shall use or occupy the Premises or any portion thereof following the termination of this lease under the provisions of Article 22, the damages payable by Tenant under Article 24 hereof pursuant to paragraph (b) above shall be deemed to be an amount equal reduced by the fair market rental value of the Premises or such portion thereof that is so occupied by Landlord or its Affiliate (or by the excess, if any, of such fair market rental value over the amounts, if any, actually paid by Landlord or such Affiliate in connection with such use or occupancy). Notwithstanding anything to the amount contrary contained herein, Landlord shall not commence any action for, nor require Tenant to pay damages calculated in accordance with the provisions of such additional rent payable by Tenant for paragraph (a) above prior to the applicable period ending immediately preceding such termination date upon which any rights of this Lease or such re-entryany Leasehold Mortgagee pursuant to Article 43 (if applicable) to cure Tenant’s default and to request and receive a new lease have expired. 24.02. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease Term would have expired if it had not been so terminated under the provisions of Article 16 hereof, or under any provision of law22, or had the Landlord not re-entered reentered the premisesPremises. Nothing herein contained shall be construed as limiting to limit or precluding the preclude recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant. Nothing herein contained shall be construed to limit or prejudice the right of Landlord to prove for and obtain as damages by reason of the termination of this lease or reentry on the Premises for the default of Tenant under this lease an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved whether or not such amount be greater than any of the sums referred to in Section 24.01. Except as expressly provided in this lease, Landlord shall not be liable to Tenant, and Tenant shall not be liable to Landlord, for indirect, consequential, special, punitive, exemplary, incidental or other like damages (including, without limitation, damages to Landlord for lost profits or opportunities, or the loss by foreclosure, deed in lieu, or otherwise, of all or any portion of Landlord’s interest in the Premises), even if arising from any act, omission or negligence of such party or from the breach by such party of its obligations under this lease. 24.03. [Intentionally Omitted] 24.04. In addition, if this lease is terminated under the provisions of Article 22, or if Landlord shall reenter the Premises under the provisions of Article 23, Tenant agrees that: (a) the Premises then shall be in the condition in which Tenant has agreed to surrender the same to Landlord at the expiration of the term hereof; (b) Tenant shall have performed prior to any such termination any covenant of Tenant contained in this lease for the making of any Alterations or for restoring or rebuilding the Premises or any part thereof; and (c) for the breach of any covenant of Tenant set forth above in this Section 24.04, Landlord shall be entitled immediately, without notice or other action by Landlord, to recover, and Tenant shall pay, as and for liquidated damages therefor, the cost of performing such covenant (as estimated by a reputable independent contractor selected by Landlord). 24.05. In addition to any other remedies Landlord may have under this lease, and without reducing or adversely affecting any of Landlord’s rights and remedies under Article 22, if any installment of Fixed Rent or of any Additional Charges payable hereunder by Tenant to Landlord is not paid (x) in the case of Fixed Rent, on or prior to the due date thereof, or (y) in the case of Additional Charges payable to Landlord within five (5) Business Days after the due date thereof, the same shall bear interest at the Interest Rate from the due date thereof until paid, and the amount of such interest shall be an Additional Charge hereunder; provided, that, if for the month in which there is an increase in Fixed Rent pursuant to Section 1.04(a), Tenant fails to pay the adjusted amount of Fixed Rent (but pays at least the amount of Fixed Rent for the immediately preceding month), interest under this Section 24.05 shall not accrue unless Tenant fails to pay the amount of such shortfall within seven (7) Business Days after receiving notice thereof from Landlord, and if Tenant fails to pay such shortfall within said seven (7) Business Day period, interest shall accrue only on the amount of such shortfall from the day such Fixed Rent was first due and payable until the date such shortfall is paid. Landlord shall provide Tenant with notice of any failure of Tenant to pay Fixed Rent and/or Additional Charges; it being understood and agreed that the delivery of any such notice shall not be a condition to the imposition of interest pursuant to this Section 24.05. For the purposes of this Section 24.05, a rent xxxx sent by first class mail, to the address to which notices are to be given under this lease, shall be deemed a proper demand for the payment of the amounts set forth therein but no such demand shall be required as a condition to the payment thereof. To the extent that Tenant is required under this lease to make any payments directly to third parties on behalf of Landlord, Tenant shall be responsible for any late charges or interest imposed by such third parties in the event that Tenant does not make such payments in a timely manner.

Damages. 2.1 In the event of any termination of this Lease Agreement under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of Article 17 hereof or in the event of the termination of this Lease (or of re-entry by or under any summary dispossess or other proceeding or action or any provision of law), Tenant will or in the event that Grantor shall re-enter the Grantee Space under the provisions of this Agreement, Grantee shall pay to Landlord Grantor as damages, at the election of LandlordGrantor, either: (ai) a sum at which at the time of such termination of this Lease Agreement or at the time of any such re-entry replacement of Grantee by LandlordGrantor, as the case may be, represents the then value of the excess, if any, of (1a) the aggregate of the fixed rent installments of Base Colocation Fees and the additional rent under Article 24 hereof Additional Colocation Fees (if any) which would have been paid payable hereunder by Tenant Grantee, had this Lease Agreement not so terminated, for the period commencing with such earlier termination of this Lease Agreement or the date of any such re-entryreplacement of Grantee, as the case may be, and ending with the date hereinbefore set for the expiration of the full term granted, hereby granted over (2b) the aggregate rental colocation license value of the premises Grantee Space for the same period, period (the amounts of each of clauses (a) and (b) being first discounted to present value at an annual rate equal to the then prevailing discount rate announced by the Federal Reserve Bank); or (bii) sums equal to the aggregate of the fixed rent installments of Base Colocation Fees and the additional rent under Article 24 hereof Additional Colocation Fees (if any) which would have been payable by Tenant Grantee had this Lease Agreement not so terminated, or had Landlord Grantor not so re-entered the premisesGrantee Space and replaced Grantee, payable upon the due dates therefor specified herein following such termination or such re-entry replacement of Grantee by Grantor and until the date hereinbefore herein before set for the expiration of the full term hereby granted; provided, however, that if Landlord (Landlord, however, not being obligated Grantor shall grant any third party the right to do so) shall re-let all or any part of use the premises for all or any part of Grantee Space during said period, Landlord Grantor shall credit Tenant Grantee with the net rents actually colocation fees received by Landlord Grantor from such re-lettingthird party’s use, such net rents fees to be determined by first deducting from the gross rents fees as and when received by Landlord Grantor from such re-letting use the expenses, including attorneys fees, expenses incurred or paid by Landlord Grantor in terminating this Lease and/or Agreement and of re-entering the premises Grantee Space and of securing possession thereof, including actual attorneys’ fees and costs of removal and storage of Grantee’s property, as well as the expenses of re-lettingusing the space, including altering repairing, restoring and preparing improving the premises Grantee Space for new tenantsoccupants, brokers' commission’ commissions, advertising costs, actual attorneys' ’ fees and disbursements, and all other similar or dissimilar expenses properly chargeable against the premises Grantee Space and the rental fees therefrom in connection with such re-lettinguse, it being understood that any such re-letting use may be for a period equal to, less than to or shorter or longer than the remaining term of this LeaseAgreement; provided, and provided further, that (ia) in no event shall Tenant Grantee be entitled to receive any excess or of such net rents fees over the sums payable by Tenant Grantee to Landlord hereunderGrantor under this Agreement, (iib) in no event shall Tenant Grantee be entitled in any suit for the collection of damages pursuant to this subparagraph Subdivision (bii) to a credit in respect of any net rents fees from a re-letting third party’s use except to the extent that such net rents fees are actually received by Landlord Grantor prior to the commencement of such suit, and (iiic) if the premises Grantee Space or any part thereof should be re-let used in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent colocation fees received from such re-letting use and of the expenses of re-letting. using the space, or if re-used for a period longer than the remaining term of this Agreement, the expenses of re-using shall be apportioned based on the respective periods. 2.2 For the purposes of subparagraph (aSubdivision 2.1(i) of this Article 18Exhibit “D”, the amount of additional rent Additional Colocation Fees which would have been payable by Tenant under Article 24 hereof Grantee for each year, as therein provided, ending after such termination of this Agreement or such replacement of Grantee by Grantor, shall be deemed to be an amount equal to the amount of such additional rent Additional Colocation Fees payable by Tenant Grantee for the applicable period calendar year ending immediately preceding such termination of this Lease Agreement or such re-entryreplacement of Grantee by Grantor. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord Grantor from time to time at its Grantor’s election, and nothing contained herein shall be deemed to require Landlord Grantor to postpone suit until the date when the term of this Lease Agreement would have expired if it had not been terminated under the provisions of Article 16 hereofthis Exhibit “D”, or under any provision of law, or had the Landlord Grantor not re-entered the premises. Grantee Space and replaced Grantee. 2.3 Nothing herein contained in this Exhibit “D” shall be construed as limiting or precluding the recovery by Landlord Grantor against Tenant Grantee of any sums payments or damages to which, in addition to the damages particularly provided above, Landlord Grantor may lawfully be entitled by reason of any default hereunder on the part of TenantGrantee. The failure or refusal of Grantor to grant a license to use the Grantee Space or any part or parts thereof to a third party, or the failure of Grantor to collect the colocation fees thereof under such re-use, shall not release or affect Grantee’s liability for damages. 2.4 Grantee hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Grantor (and any affirmative defense based upon such duty) following any default to mitigate Grantor’s damages arising from such default. Notwithstanding the foregoing, Grantor agrees to use commercially reasonable efforts to mitigate its damages in connection with a default by Grantee.

Damages. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event (a) Tenant covenants and agrees that Landlord shall re-enter the premises under the provisions of Article 17 hereof or in the event of the termination of this Lease (or of re-entry by Landlord, under, any of the provisions of this Article 17 or under any summary dispossess or other proceeding or action or any provision pursuant to law, by reason of law)default hereunder on the part of Tenant, Tenant will shall pay to Landlord Landlord, as damagesdamages with respect to this Lease, at the election of Landlord, either: (a1) a sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the then value of the excess, if any, of the present value (1discounted at 5% per annum) of: (i) the aggregate of the fixed rent and the additional rent under Article 24 hereof Rent which would have been paid hereunder payable by Tenant had this Lease not so terminated, for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for Expiration Date of this Lease, had this Lease not so terminated or had Landlord not so re-entered the expiration of the full term granted, over Demised Premises over (2ii) the aggregate fair market rental value of the premises Demised Premises for the same period, ; or (b2) sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if any) Rent which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premisesDemised Premises, payable upon the due dates therefor days specified herein in this Lease following such termination or such re-entry and until the date hereinbefore set for the expiration Expiration Date of the full term hereby granted; this Lease, provided, however, that if Landlord (Landlord, however, not being obligated to do so) the Demised Premises shall be leased or re-let all or any part of the premises for all or any part of during said period, Landlord shall credit Tenant with the net rents actually rents, if any, received by Landlord from such leasing or re-letting, such net rents Rent to be determined by first deducting from the gross rents as and when received by Landlord from such leasing or re-letting the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or or of re-entering the premises Demised Premises and of securing possession thereof, as well as the expenses expense of leasing and re-letting, including altering and preparing any portion of the premises Demised Premises for new tenants, brokers' commission, attorneys' fees ’ commissions and all other similar or dissimilar expenses properly chargeable against the premises Demised Premises and the rental therefrom in connection with such re-letting, it being understood that any such re-letting may be for a period equal to, less than or longer than the remaining term of this Leasetherefrom; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums Rent, payable by Tenant to Landlord hereunder, (ii) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph . (b) to a credit in respect of any net rents from a re-letting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and (iii) if the premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For the purposes of subparagraph (a) of this Article 18, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or such re-entry. Suit or suits for the recovery of such any and all damages, or any installments thereof, provided for hereunder may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been terminated under the provisions of this Article 16 hereof17, or under provisions of any provision of law, or had the Landlord not re-entered the premises. Demised Premises. (c) Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, which Landlord may lawfully be entitled in any case other than those particularly provided for above other than punitive or consequential damages, which are hereby waived by reason of any default hereunder on the part of TenantLandlord.

Damages. In the event of any termination of If this Lease is terminated under the provisions of Article 16 hereof Section 6.03, or in the event that if Landlord shall re-enter enters the premises Premises under the provisions of Article 17 hereof or in the event of the termination of this Lease (or of re-entry by or under any summary dispossess or other proceeding or action or any provision of law)Section 6.04, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which which, at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may betermination, represents the then value of the excess, if any, of (1) the aggregate of the fixed rent and the additional rent under Article 24 hereof which would have been paid hereunder by Tenant Rent which, had this Lease not so terminated, would have been payable hereunder by Tenant for the period commencing with such earlier termination of this Lease or on the day following the date of any such termination or re-entry, as entry to and including the case may be, and ending with the date hereinbefore set for the expiration of the full term granted, Expiration Date over (2) the aggregate fair rental value of the premises Premises for the same periodperiod (for the purposes of this clause (a) the amount of Additional Rent which would have been payable by Tenant under Sections 2.04 and 2.05 shall, for each calendar year ending after such termination or re-entry, be deemed to be an amount equal to the amount of such Additional Rent payable by Tenant for the calendar year immediately preceding the calendar year in which such termination or re-entry shall occur), or (b) sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if any) which Rent that would have been payable by Tenant through and including the Expiration Date had this Lease not so terminated, terminated or had Landlord not so re-re entered the premisesPremises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby grantedin this Lease; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let relet all or any part of the premises Premises for all or any part of said periodthe period commencing on the day following the date of such termination or re-entry to and including the Expiration Date, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or and of re-entering the premises Premises and of securing possession thereof, as well as the expenses of re-lettingreletting, including including, without limitation, altering and preparing the premises Premises for new tenants, brokers' commission’ commissions, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises Premises and the rental therefrom in connection with such re-lettingreletting, it being understood that any such re-letting reletting may be for a period equal to, less than to or shorter or longer than the remaining term of this Leasesaid period; provided, further, that (i) in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunderunder this Lease, (ii) in no event shall Tenant be entitled entitled, in any suit for the collection of damages pursuant to this subparagraph (b) Section 6.05(b), to a credit in respect of any net rents from a re-letting reletting except to the extent that such net rents are actually received by Landlord prior to on account of any period that is the commencement subject of such suit, and (iii) if the premises Premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot rentable area basis shall be made of the rent received from such re-letting reletting and of the expenses of re-letting. For reletting, and (iv) Landlord shall have no obligation to so relet the purposes of subparagraph (a) of this Article 18Premises and Tenant hereby waives any right Tenant may have, at law or in equity, to require Landlord to so relet the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or such re-entryPremises. Suit or suits for the recovery of such damagesany damages payable hereunder by Tenant, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease Term would have expired if it had not been terminated under the provisions of Article 16 hereof, but for such termination or under any provision of law, or had the Landlord not re-entered the premises. Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenantentry.

Damages. In the event of any termination of that this Lease under be terminated pursuant to Article 20 as a result of an Event of Default on the provisions part of Article 16 hereof the Tenant and whether or in not the event that Premises be relet, Landlord shall re-enter be entitled to retain all monies, if any, paid by Tenant to Landlord, whether as advance rent or otherwise, but such monies shall be credited by Landlord against any rent due at the premises under the provisions time of Article 17 hereof such termination, or in the event of the termination of this Lease (or of re-entry at Landlord’s option, against any damages payable by or under any summary dispossess or other proceeding or action or any provision of law)Tenant, and Landlord shall be entitled to recover from Tenant, and Tenant will shall pay to Landlord as damages, at the election of Landlord, eitherfollowing: (a) a sum at All Rent to the date upon which at this Lease and the time Term shall have terminated, and (b) All expenses reasonably incurred by Landlord in recovering possession of such the Premises (including summary proceedings), restoring the Premises to good order and condition, maintaining the Premises in good order and condition while vacant, altering or otherwise preparing the same for reletting, and in reletting the Premises (including brokerage commissions and legal expenses), plus all costs and expenses incurred by Landlord in applying for Landlord’s Permits, the same to be paid by Tenant to Landlord on demand, and (c) The amount by which the Rent which, but for the termination of this Lease, would have been payable under this Lease or at from the time date of any such re-entry by Landlord, as termination to the case may be, represents Expiration Date exceeds the then value of the excessrental and other income, if any, of (1) the aggregate collected by Landlord in respect of the fixed rent and the additional rent under Article 24 hereof which would have been paid hereunder by Tenant had this Lease not so terminatedPremises, for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for the expiration of the full term granted, over (2) the aggregate rental value of the premises for the same period, or (b) sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if any) which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part thereof, subject nevertheless to the provisions of the premises for all or any part of Section 20.5, said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-letting, such net rents amount to be determined by first deducting from the gross rents as due and when received by Landlord from such re-letting the expenses, including attorneys fees, incurred or paid by Landlord in terminating this Lease and/or of re-entering the premises and of securing possession thereof, as well as the expenses of re-letting, including altering and preparing the premises for new tenants, brokers' commission, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises and the rental therefrom in connection with such re-letting, it being understood that any such re-letting may be for a period equal to, less than or longer than the remaining term of this Lease; provided, further, that (i) in no event shall Tenant be entitled to receive any excess or such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event shall Tenant be entitled in any suit for on the collection of damages pursuant to this subparagraph (b) to a credit in respect of any net rents from a re-letting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and (iii) if the premises or any part thereof should be re-let in combination with other space, then proper apportionment several days on a square foot area basis shall be made of which the rent received from such re-letting and of the expenses of re-letting. For the purposes of subparagraph (a) of this Article 18, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or such re-entry. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of reserved in this Lease would have expired if it had not been terminated under become due and payable for the provisions period which otherwise would have constituted the unexpired portion of Article 16 hereofthe Term (that is to say, or under any provision upon each of law, or had such days Tenant shall pay to Landlord the Landlord not re-entered the premises. Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant amount of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenantdeficiency then existing).

Damages. A. In the event of any termination of this Lease under the provisions of Article 16 hereof or 19 in the event that Landlord shall re-enter the premises under the provisions of Article 17 hereof 20 or in the event of the termination of this Lease (or of re-entry entry) by or under any summary dispossess or other proceeding or action or any provision of law), Tenant will pay to Landlord as damages, at the election of Landlord, either: (a) 1. a sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the then present value of the excess, using a discount rate of the prime interest rate set by Citibank, if any, of (1i) the aggregate of the fixed all rent and the additional rent under Article 24 hereof which would have been paid payable hereunder by Tenant had this Lease not so terminated, terminated for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for the expiration of the full term hereby granted, over (2ii) the aggregate rental value of all rent of the premises for the same period, period based upon the then local market rental value of the premises; or (b) 2. sums equal to the aggregate of the fixed all rent and the additional rent under Article 24 hereof (if any) which would have been payable by Tenant had has this Lease not so terminated, or had Landlord not so re-entered the premises, payable upon the due dates therefor therefore specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of the premises for all or any part of said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-letting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting the expenses, including attorneys fees, reasonable expenses incurred or paid by Landlord in terminating this Lease and/or of re-entering the premises and of securing possession thereof, as well as the reasonable expenses of or re-letting, including altering and preparing the premises for new tenants, brokers' commission, attorneys' fees commissions and all other similar or dissimilar expenses properly chargeable against the premises and the rental therefrom in connection with such re-letting, it being understood that any such re-letting may be for a period equal to, less than to or shorter or longer than the remaining term of this Lease; provided, further, that (i) in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph subsection (b2) to a credit in respect of any net rents from a re-letting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and (iii) if the premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For the purposes of subparagraph (a) of this Article 18, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or such re-entry. . B. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit suite until the date when the term of this Lease would have expired if it had not been terminated under the provisions of Article 16 hereof19, or under any provision of law, or had the Landlord not re-entered the premises. . C. Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder beyond any applicable notice and/or cure on the part of Tenant. D. In addition to the amounts set forth above, in the event of the non payment of any monies due pursuant to this Lease, whether the same be deemed rent or otherwise, after the expiration of any applicable grace period, Tenant shall pay to Landlord interest at a rate, which is the lesser of eighteen (18%) percent per annum or the maximum permitted pursuant to the laws of the state of New Jersey. It is expressly acknowledged and agreed between the parties that said default rate shall continue beyond entry of judgment until such time as such monies are paid. Additionally, Tenant shall reimburse Landlord for any costs and expenses, including reasonable attorneys' fees incurred in connection with the enforcement of Landlord's rights pursuant to the terms of this Lease.

Damages. In the event of any termination of 27.01 If this Lease lease is terminated under the provisions of Article 16 hereof 25, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of Article 17 hereof 26, or in the event of the termination of this Lease (lease, or of re-entry entry, by or under any summary dispossess or other proceeding or action or any provision of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which at the time of such termination of this Lease lease or at the time of any such re-entry by Landlord, as the case may be, represents the then value of the excess, if any, of of: (1) the aggregate of the fixed rent and the additional rent under Article 24 hereof payable hereunder which would have been paid hereunder payable by Tenant had this Lease not so terminated, (conclusively presuming the additional rent to be the same as was payable for the year immediately preceding such termination) for the period commencing with such earlier termination of this Lease lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for Expiration Date, had this lease not so terminated or had Landlord not so re-entered the expiration of the full term granted, over Demised Premises; over (2) the aggregate rental value of the premises Demised Premises for the same period, ; or (b) sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if anyas above presumed) payable hereunder which would have been payable by Tenant had this Lease lease not so terminated, or had Landlord not so re-entered the premisesDemised Premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; Expiration Date, provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of relet the premises for all or any part of Demised Premises during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or of lease or in re-entering the premises Demised Premises and of in securing possession thereof, as well as the expenses of re-lettingreletting, including altering and preparing the premises Demised Premises for new tenants, brokers' commissioncommissions, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises Demised Premises and the rental therefrom in connection with such re-letting, therefrom; it being understood that any such re-letting reletting may be for a period equal to, less than shorter or longer than the remaining term of this Leaselease; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) Subsection to a credit in respect of any net rents from a re-letting reletting, except to the extent that such net rents are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Demised Premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot area basis (for equivalent space) shall be made of the rent received from such re-letting reletting and of the expenses of re-lettingreletting. For If the purposes Demised Premises or any part thereof be relet by Landlord for the unexpired portion of subparagraph (a) the term of this Article 18lease, or any part thereof, before presentation of proof of such damages to any court, commission or tribunal, the amount of additional rent reserved upon such reletting shall, prima facie, be the fair and reasonable rental value for the Demised Premises, or part thereof, so relet during the term of the reletting. In the event that (i) Landlord shall terminate this lease or re-enter the Demised Premises as aforesaid and (ii) Landlord elects to collect damages as provided in Subsection (b) of this Section 27.01, then Landlord shall use reasonable efforts to relet the whole or any part or parts of the Demised Premises from time to time, either in the name of Landlord or otherwise, to such tenant or tenants, for such term or terms ending before, on or after the Expiration Date, at such rental or rentals and upon such other conditions, which would may include concessions and free rent periods, as Landlord, in its sole discretion, may determine; provided, however, that Landlord shall have been payable by Tenant under Article 24 hereof shall be deemed no obligation whatsoever to be an amount equal relet the Demised Premises or any part thereof prior to the amount letting of any other space in the Building or space in other Buildings owned by Landlord in Bergen County, New Jersey, and shall in no event be liable for failure to relet the Demised Premises or any part thereof, or, in the event of any such additional reletting, for failure to collect any rent payable by due upon any such reletting, and no such failure shall operate to relieve Tenant for the applicable period ending immediately preceding such termination of any liability under this Lease or otherwise affect any such re-entry. liability, and Landlord, at Landlord's option, may make such repairs, replacements, alterations, additions, improvements, decorations and other physical changes in and to the Demised Premises and pay such brokerage commissions and legal fees as Landlord, in its sole discretion, considers advisable or necessary in connection with any such reletting or proposed reletting, without relieving Tenant of any liability under this Lease or otherwise affecting any liability. 27.02 Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease lease would have expired if it had not been so terminated under the provisions of Article 16 hereof25, or under any provision of law, or had the Landlord not re-entered the premisesDemised Premises. Nothing herein contained shall be construed as limiting to limit or precluding the preclude recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant. Nothing herein contained shall be construed to limit or prejudice the right of Landlord to prove for and obtain as liquidated damages by reason of the termination of this lease or re-entry on the Demised Premises for the default of Tenant under this lease, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved whether or not such amount be greater, equal to, or less than any of the sums referred to in Section 27.01.

Damages. In 34.01 Damages Tenant covenants and agrees that if the event of any termination term of this Lease lease shall be terminated under the provisions of Article 16 hereof 32, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of Article 17 hereof 33, or in the event of the termination of the term of this Lease (lease, or of re-entry entry, by or under any summary dispossess or other proceeding or action or any provision of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the then value of the excess, if any, of of: (1i) the aggregate of the fixed rent and the additional rent under Article 24 hereof payable hereunder which would have been paid hereunder payable by Tenant had this Lease not so terminated, Xxxxxx (conclusively presuming the additional rent to be the same as was payable for the year immediately preceding such termination or re-entry) for the period commencing with such earlier termination of this Lease or the date of any such termination or re-entry, as the case may be, and ending with the date hereinbefore set for Expiration Date had the expiration term of this lease not been so terminated or had Landlord not so re-entered the full term grantedDemised Premises, over (2ii) the aggregate rental value of the premises Demised Premises for the same period; both discounted to the date of such termination or re-entry, as the case may be, at the rate of 10% per annum compounded quarterly; or (b) sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if any) payable hereunder which would have been payable by Tenant had the term of this Lease lease not so been terminated, or had Landlord not so re-entered the premisesDemised Premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set Expiration Date; Landlord may re-let the Demised Premises or any part or parts thereof either in the name of Landlord or otherwise, for a term or terms, 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; Landlord may grant concessions of free rent and Landlord, at its option, may make such alterations and decorations in the Demised Premises as Landlord considers advisable and necessary for the expiration purpose of re-letting the full term hereby granted; providedDemised Premises, and the granting of such concessions and/or making of such alterations and decorations shall not operate or be construed to release Tenant from liability hereunder as a foresaid provided however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of the premises for all or any part of Demised Premises during said period, Landlord shall credit Tenant with the net rents actually received by by, Landlord from such re-letting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting letting, the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating the term of this Lease and/or of lease and in re-entering the premises Demised Premises and of in securing possession thereof, as well as the expenses of re-letting, including altering and preparing the premises Demised Premises for new tenants, brokers' commissioncommissions, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises Demised Premises and the rental therefrom in connection with such re-letting, it being understood that any such re-letting may be for a period equal to, less than shorter or longer than the remaining term of this Lease; provided, further, that (i) in lease. In no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event or shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) Article to a credit in respect of any net rents from a re-letting letting, except to the extent that such net rents are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Demised Premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For In the purposes event of subparagraph (a) of a default by Tenant in its obligations under this Article 18lease, beyond applicable grace periods, if any, in addition to Landlord's other rights and remedies, there shall be immediately payable by Tenant to Landlord, as additional rent, the amount of additional all of the following which are incurred, granted or assumed by Landlord in connection with the lease: all rent which would have been payable concessions, free rent, rent credits, contributions or payments by Landlord with respect to work or improvements performed in the Demised Premises, and/or obligations expenses and liabilities of Tenant under Article 24 hereof shall assumed or paid for by Landlord in consideration of Tenant's entering into this lease. If the Demised Premises or any part thereof be deemed relet by Landlord for the unexpired portion of the Term, or an part thereof, before presentation of proof of such damages to be an amount equal to any court, commission or tribunal, the amount of rent reserved upon such additional rent payable by Tenant reletting shall, prima facie, be the fair and reasonable rental value for the applicable period ending immediately preceding such termination of this Lease or such re-entry. Suit or suits for the recovery of such damagesDemised Premises, or any installments part thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when so relet during the term of this Lease would have expired if it had the reletting. Landlord shall not been terminated under be liable in any way whatsoever for its failure or refusal to relet the provisions of Article 16 hereofDemised Premises or any part thereof, or if the Demised Premises or any part thereof are relet, for its failure to collect the rent under any provision of lawsuch reletting, and no such refusal or had the Landlord not re-entered the premises. Nothing herein contained failure to relet or failure to collect rent shall be construed as limiting release or precluding the recovery by Landlord against Tenant of any sums affect Tenant's liability for damages or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenantotherwise under this lease.

Damages. In the event of any termination of 27.01 If this Lease is terminated under the provisions of Article 16 hereof 25, or in the event that if Landlord shall re-enter reenter the premises Demised Premises under the provisions of Article 17 hereof 26, or in the event of the termination of this Lease (Lease, or of re-entry reentry, by or under any summary dispossess or other proceeding or action or any provision of law), Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which at the time of such termination of this Lease or at the time of any such re-entry reentry by Landlord, as the case may be, represents the then value of the excess, excess if any, of of (1i) the aggregate of the fixed rent and the additional rent under Article 24 hereof Rent payable hereunder which would have been paid hereunder payable by Tenant had this Lease not so terminated, (conclusively presuming the additional rent to be the same as was payable for the year immediately preceding such termination) for the period commencing with such earlier termination of this Lease or the date of any such re-entryreentry, as the case may be, and ending with the date hereinbefore set for Expiration Date, had this Lease not so terminated or had Landlord not so re-entered the expiration of the full term grantedDemised Premises, over over (2ii) the aggregate fair and reasonable rental value of the premises Demised Premises for the same period, or (b) sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof Rent (if anyas above presumed) payable hereunder which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premisesDemised Premises, payable upon the due dates therefor specified herein following such termination or such re-entry reentry and until the date hereinbefore set for the expiration of the full term hereby grantedExpiration Date; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of the premises for all or any part of Demised Premises during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-letting, such net rents to be determined by first deducting from the gross rents rents, as and when received by Landlord from such re-letting letting, the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or of or in re-entering the premises Demised Premises and of in securing possession thereof, thereof as well as the expenses of re-letting, including altering and preparing the premises Demised Premises for new tenants, brokers' commission’ commissions, legal expenses, attorneys' fees ’ fees, advertising, and all other similar or dissimilar expenses properly chargeable against the premises Demised Premises and the rental therefrom in connection with such re-letting, thereof; it being understood that any such re-letting may be for a period equal to, less than shorter or longer than the remaining term of this Lease; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) subsection to a credit in respect of any net rents from a re-letting letting, except to the extent that such net rents are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Demised Premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For . 27.02 If the purposes Demised Premises or any part thereof be re-let by Landlord for the unexpired portion of subparagraph (a) the term of this Article 18Lease, or any part thereof before presentation of proof of such damages to any court, commission or tribunal, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or reserved upon such re-entry. Suit letting shall, prima facie, be the fair and reasonable rental value for the Demised Premises, or part thereof so re-let during the term of the re-letting. 27.03 A suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been so terminated under the provisions of Article 16 hereof25, or under any provision of law, or had the Landlord not re-entered the premisesDemised Premises. Nothing herein contained shall be construed to limit or prejudice the right of Landlord to prove for and obtain as limiting or precluding the recovery by Landlord against Tenant of any sums or damages to whichliquidated damages, in addition to the damages particularly provided aboveand not as a penalty, Landlord may lawfully be entitled by reason of the termination of this Lease or re-entry of the Demised Premises for the default of Tenant under this Lease, an amount equal to the maximum allowed by any default statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved whether or not such amount be greater, equal to, or less than any of the sums referred to in Section 27.01. 27.04 Landlord may re-let the Demised Premises or any part or parts thereof; either in the name of Landlord or otherwise, for a term or terms 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 or charge a higher rental than that in this Lease. 27.05 Landlord, in putting the Demised Premises in good order or preparing the same for re-rental, may, at its option, make such alterations, repairs, replacements, and/or decorations in the Demised Premises as Landlord, in its sole judgment, considers in good faith advisable and necessary for the purpose of re-letting the Demised Premises, and the making of such alterations, repairs, replacements and/or decorations shall not operate or be construed to release Tenant from liability hereunder on as aforesaid. 27.06 Landlord shall in no event be liable in any way for failure to re-let the Demised Premises or, in the event that the Demised Premises are re-let, for failure to collect the rent thereof under such re-letting. The failure of Landlord to re-let the Demised Premises or any part of or parts thereof shall not release or affect Tenant’s liability for damages.

Damages. In the event of any termination of 24.01. If this Lease lease is terminated under the provisions of Article 16 hereof 22 hereof, or in the event that if Landlord shall re-enter reenter the premises Premises under the provisions of Article 17 hereof 23 hereof, or in the event of the termination of this Lease (lease, or of re-entry reentry, by or under any summary dispossess or other proceeding or action or any provision of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which at the time of such termination of this Lease lease or at the time of any such re-entry reentry by Landlord, as the case may be, represents the then value of the excess, if anyany (assuming a discount at a rate per annum equal to the interest rate then applicable to 7-year Federal Treasury Bonds), of (1i) the aggregate amount of the fixed rent Fixed Rent and the additional rent Additional Charges under Article 24 3 hereof which would have been paid hereunder payable by Tenant had this Lease not so terminated(conclusively presuming the average monthly Additional Charges under Article 3 hereof to be the same as were payable for the last twelve (12) calendar months, or if less than twelve (12) calendar months have then elapsed since the Commencement Date, all of the calendar months immediately preceding such termination or reentry) for the period commencing with such earlier termination of this Lease lease or the date of any such re-entryreentry, as the case may be, and ending with the date hereinbefore set for contemplated as the expiration of date hereof if this lease had not so terminated or if Landlord had not so reentered the full term grantedPremises, over (2ii) the aggregate fair market rental value of the premises Premises for the same period, or (b) sums equal to the aggregate of the fixed rent Fixed Rent and the additional rent Additional Charges under Article 24 3 hereof (if any) which would have been payable by Tenant had this Lease lease not so terminated, or had Landlord not so re-entered reentered the premisesPremises, payable upon the due dates therefor specified herein following such termination or such re-entry reentry and until the date hereinbefore set for contemplated as the expiration of date hereof if this lease had not so terminated or if Landlord had not so reentered the full term hereby grantedPremises; providedPROVIDED, howeverHOWEVER, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of relet the premises for all or any part of Premises during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting the expenses, including attorneys fees, reasonable and actual expenses incurred or paid by Landlord in terminating this Lease and/or of re-entering lease or in reentering the premises Premises and of in securing possession thereof, as well as the reasonable and actual expenses of re-lettingreletting, including including, without limitation, altering and preparing the premises Premises for new tenants, brokers' commissioncommissions, attorneys' fees reasonable legal fees, and all other similar or dissimilar customary and reasonable expenses properly chargeable against the premises Premises and the rental therefrom in connection with such re-lettingtherefrom, it being understood that any such re-letting reletting may be for a period equal to, less than shorter or longer than the remaining term of this Leaselease; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) subdivision to a credit in respect of any net rents from a re-letting reletting, except to the extent that such net rents are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting reletting and of the expenses of re-lettingreletting. For If the purposes Premises or any part thereof be relet by Landlord for the unexpired portion of subparagraph (a) the term of this Article 18lease, or any part thereof, before presentation of proof of such damages to any court, commission or tribunal, the amount of additional rent which would have been payable by Tenant under Article 24 hereof reserved upon such reletting shall, prima facie, be the fair and reasonable rental value for the Premises, or part thereof, so relet during the term of the reletting, provided that such reletting shall be deemed to be an amount equal constitute a bona-fide arms-length third party transaction. Notwithstanding anything to the amount contrary contained in this lease, Landlord shall use reasonable efforts to relet the Premises, either in the name of Landlord or otherwise, to such additional tenant or tenants, for such term or terms ending before, on or after the Expiration Date, at such rental or rentals and upon such other conditions (that may include concessions and free rent payable by Tenant periods) as Landlord may reasonably determine, PROVIDED, HOWEVER, that Landlord shall not be liable in any way whatsoever for its failure to relet the applicable period ending immediately preceding Premises or any part thereof, or if the Premises or any part thereof are relet, for its failure to collect the rent under such termination of reletting, and no such failure to relet or failure to collect rent shall release or affect Tenant's liability for damages or otherwise under this Lease or such re-entrylease. 24.02. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease lease would have expired if it had not been so terminated under the provisions of Article 16 22 hereof, or under any provision of law, or had the Landlord not re-entered reentered the premisesPremises. Nothing herein contained shall be construed as limiting to limit or precluding the preclude recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant. Nothing herein contained shall be construed to limit or prejudice the right of Landlord to prove for and obtain as damages by reason of the termination of this lease or reentry on the Premises for the default of Tenant under this lease an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved whether or not such amount be greater than any of the sums referred to in Section 24.01 hereof. Notwithstanding any provisions of this lease to the contrary, Landlord shall not be liable to Tenant, and Tenant shall not be liable to Landlord, for consequential damages of any -130- kind or nature, even if arising from any act, omission or negligence of such party or from the breach by such party of its obligations under this lease; PROVIDED, HOWEVER, that the foregoing shall not be deemed to limit Tenant's obligation to reimburse Landlord for any damages as expressly required pursuant to Article 34 hereof, regardless of whether any court or arbitrator awarding such damages shall regard or classify same as consequential damages. 24.03. In addition, if this lease is terminated under the provisions of Article 22 hereof, or if Landlord shall reenter the Premises under the provisions of Article 23 hereof, Tenant agrees that: (a) the Premises then shall be in the condition in which Tenant has agreed to surrender the same to Landlord at the expiration of the term hereof; (b) Tenant shall have performed prior to any such termination any covenant of Tenant contained in this lease for the making of any Alterations or for restoring or rebuilding the Premises or the Building, or any part thereof; and (c) for the breach of any covenant of Tenant set forth above in this Section 24.03, Landlord shall be entitled immediately, without notice or other action by Landlord, to recover, and Tenant shall pay, as and for liquidated damages therefor, the cost of performing such covenant (as estimated by a reputable independent contractor selected by Landlord). 24.04. In addition to any other remedies Landlord may have under this lease, and without reducing or adversely affecting any of Landlord's rights and remedies under Article 22 hereof, if any Fixed Rent, Additional Charges or damages payable hereunder by Tenant to Landlord are not paid within three (3) Business Days after the due date thereof, the same shall bear interest at the Base Rate plus five (5%) percent, from the due date thereof until paid, and the amount of such interest shall be an Additional Charge hereunder. For the purposes of this Section 24.04, a rent xxxx sent by first class mail, to the address to which notices are to be given under this lease, shall be deemed a proper demand for the payment of the amounts set forth therein.

Damages. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event (a) Tenant covenants and agrees that Landlord shall re-enter the premises under the provisions of Article 17 hereof or in the event of the termination of this Lease (or of re-entry by Landlord, under, any of the provisions of this Article 17 or under any summary dispossess or other proceeding or action or any provision pursuant to law, by reason of law)default hereunder on the part of Tenant, Tenant will shall pay to Landlord Landlord, as damagesdamages with respect to this Lease, at the election of Landlord, either: (a1) a sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the then value of the excess, if any, of (1) of: i. the aggregate of the fixed rent and the additional rent under Article 24 hereof Rent which would have been paid hereunder payable by Tenant had this Lease not so terminated, for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for Expiration Date of this Lease, had this Lease not so terminated or had Landlord not so re-entered the expiration Demised Premises (discounted to present value using a discount factor equal to the Prime Rate at the time of the full term granteddefault), over (2) over ii. the aggregate fair market rental value of the premises Demised Premises for the same period, period (discounted to present value using a discount factor equal to the Prime Rate at the time of the default); or (b2) sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if any) Rent which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premisesDemised Premises, payable upon the due dates therefor days specified herein in this Lease following such termination or such re-entry and until the date hereinbefore set for the expiration Expiration Date of the full term hereby granted; this Lease, provided, however, that if Landlord (Landlord, however, not being obligated to do so) the Demised Premises shall be leased or re-let all or any part of the premises for all or any part of during said period, Landlord shall credit Tenant with the net rents actually rents, if any, received by Landlord from such leasing or re-letting, such net rents Rent to be determined by first deducting from the gross rents as and when received by Landlord from such leasing or re-letting the expenses, including attorneys fees, reasonable expenses incurred or paid by Landlord in terminating this Lease and/or or of re-entering the premises Demised Premises and of securing possession thereof, as well as the expenses reasonable expense of leasing and re-letting, including altering and preparing any portion of the premises Demised Premises for new tenants, brokers' commission, attorneys' fees ’ commissions and all other similar or dissimilar reasonable expenses properly chargeable against the premises Demised Premises and the rental therefrom in connection with such re-letting, it being understood that any such re-letting may be for a period equal to, less than or longer than the remaining term of this Leasetherefrom; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums Rent, payable by Tenant to Landlord hereunder, (ii) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph . (b) to a credit in respect of any net rents from a re-letting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and (iii) if the premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For the purposes of subparagraph (a) of this Article 18, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or such re-entry. Suit or suits for the recovery of such any and all damages, or any installments thereof, provided for hereunder may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been terminated under the provisions of this Article 16 hereof17, or under provisions of any provision of law, or had the Landlord not re-entered the premises. Demised Premises. (c) Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, which Landlord may lawfully be entitled by reason of in any default hereunder on the part of Tenantcase other than those particularly provided for above.

Damages. In the event of any termination of 29.01. If this Lease is terminated under the provisions of Article 16 hereof 27, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of Article 17 hereof 28, or in the event of the termination of this Lease (Lease, or of re-entry entry, by or under any summary dispossess or other proceeding or action or any provision of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay as Additional Charges to Landlord as a condition precedent to the dismissal of any summary dispossess or other proceeding or action for damages, at the election of Landlord, either: (a) a A sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the then present value of the excess, if any, of (1) the aggregate amount of the fixed rent and the additional rent under Article 24 hereof Rent which would have been paid hereunder payable by Tenant had this Lease not so terminated(conclusively presuming the average monthly Additional Rent to be the same as were the average monthly Additional Rent payable for the year, or if less than 365 days have then elapsed since the Commencement Date, the partial year, immediately preceding such termination or re-entry) for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for the expiration Expiration Date discounted to present value by utilizing a discount rate of the full term granted, over six (26%) the aggregate rental value of the premises for the same period, percent per annum; or (b) sums Sums equal to the aggregate of the fixed rent Fixed Rent and the additional rent under Article 24 hereof (if any) Additional Charges which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premisesDemised Premises, payable upon the due dates therefor specified herein following such termination or such re-re- entry and until the date hereinbefore set for the expiration of the full term hereby granted; Expiration Date, provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of relet the premises for all or any part of Demised Premises during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or of re-entering or in reentering the premises Demised Premises and of in securing possession thereof, as well as the expenses expense of re-lettingreletting, including including, without limitation, altering and preparing the premises Demised Premises for new tenants, brokers' commissioncommissions, attorneys' fees legal fees, and all other similar or dissimilar expenses properly chargeable against the premises Demised Premises and the rental therefrom in connection with such re-lettingtherefrom, it being understood that any such re-letting reletting may be for a period equal to, less than shorter or longer than the remaining term of this Leaseperiod ending on the Expiration Date; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph subdivision (b) to a credit in respect of any net rents from a re-letting reletting, except to the extent that such net rents are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Demised Premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting reletting and of the expenses of re-lettingreletting. For If the purposes Demised Premises or any part thereof be relet by Landlord before presentation of subparagraph (a) proof of this Article 18such damages to any court, commission or tribunal, the amount of additional rent which would have been payable by Tenant reserved upon such reletting shall, prima facia, be the fair and reasonable rental value for the Demised Premises, or part thereof, to relet during the term of the reletting. Landlord shall not be liable in any way whatsoever for its failure or refusal to relet the Demised Premises or any part thereof, or if the Demised Premises or any part thereof are relet, for its failure to collect the rent under Article 24 hereof such reletting, and no such failure or refusal to relet or failure to collect the rent shall release or affect Tenant's liability for damages or otherwise under this Lease. Landlord shall be deemed under no obligation in reletting the Demised Premises to be an amount equal give priority to the amount of such additional rent payable by Tenant for leasing thereof over other vacant space in the applicable period ending immediately preceding such termination of this Lease or such re-entryBuilding. 29.02. Suit or suits for the recovery of any such damages, or any installments thereof, may be brought by Landlord at any time and from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease Term would have expired if it had not been so terminated under the provisions of Article 16 hereof, 27 or under any provision of law, or had the Landlord not re-entered the premisesDemised Premises. Nothing herein contained shall be construed as limiting to limit or precluding the preclude recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant. Nothing herein contained shall be construed to limit or prejudice the right of Landlord to prove and/or obtain as damages by reason of the termination of this Lease or re-entry on the Demised Premises for the default of Tenant under this Lease an amount equal to the maximum amount permitted by any statute or rule of law in effect at the time when the governing proceedings have been initiated, whether or not such amount is greater than, equal to, or less than any of the sums referred to in Section 29.01. 29.03. In addition, if this Lease is terminated under the provisions of Article 27, or if Landlord shall re-enter the Demised Premises under the provisions of Article 28, Tenant covenants that: (a) the Demised Premises then shall be in the same condition as that in which Tenant has agreed to surrender the same to Landlord at the Expiration Date; (b) Tenant shall have performed prior to any such termination any obligation of Tenant contained in this Lease for the making of any alteration or for restoring or rebuilding the Demised Premises or the Building, or any part thereof; and (c) for the breach of any covenant of Tenant set forth above in this Section 29.03, Landlord shall be entitled immediately without notice or other action by Landlord, to recover, and Tenant shall pay as and for liquidated damages therefor, the cost of performing such covenant (as estimated by an independent contractor selected by Landlord). 29.04. In addition to any other remedies Landlord may have under this Lease, and without reducing or adversely affecting any of Landlord's rights and remedies under this Article 29, if any Rent or damages payable hereunder by Tenant to Landlord are not paid within five (5) days after notice therefor, the same shall bear interest at the Late Payment Rate pursuant to Section 3.05 from the due date thereof until paid, and the amount(s) of such interest shall be Additional Charges hereunder. 29.05. In addition to any remedies which Landlord may have under this Lease, if there shall be a default hereunder by Tenant which shall not have been remedied within the applicable grace period, Landlord shall not be obligated to furnish to Tenant or the Demised Premises any HVAC services, or any building services; and the discontinuance of any one or more of such services shall be without liability by Landlord to Tenant and shall not reduce, diminish or otherwise affect any of Tenant's covenants and obligations under this Lease.

Damages. In the event of any termination of 24.01. If this Lease lease is terminated under the provisions of Article 16 hereof 22, or in the event that if Landlord shall re-enter reenter the premises Premises under the provisions of Article 17 hereof 23, or in the event of the termination of this Lease (lease, or of re-entry reentry, by or under any summary dispossess or other proceeding or action or any provision of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which at the time of such termination of this Lease lease or at the time of any such re-entry reentry by Landlord, as the case may be, represents the then value of the excess, if anyany (assuming a discount at a rate per annum equal to the interest rate then applicable to United States Treasury Bonds having a term which most closely approximates the period commencing on the date that this lease is so terminated, or the date on which Landlord re-enters the Premises, as the case may be, and ending on the date on which this lease was scheduled to expire but for such termination or reentry), of (1i) the aggregate amount of the fixed rent Fixed Rent and the additional rent Additional Charges under Article 24 hereof 3 which would have been paid hereunder payable by Tenant had this Lease not so terminated(conclusively presuming the average monthly Additional Charges under Article 3 to be the same as were payable for the last twelve (12) calendar months, or if less than twelve (12) calendar months have then elapsed since the Commencement Date, all of the calendar months immediately preceding such termination or reentry) for the period commencing with such earlier termination of this Lease lease or the date of any such re-entryreentry, as the case may be, and ending with the date hereinbefore set for contemplated as the expiration date hereof if this lease had not so terminated or if Landlord had not so reentered the Premises, which date shall be the last day of the full term grantednext succeeding Extension Term if Tenant timely delivered an Extension Election Notice prior to the exercise by Landlord of its rights under Article 22 or 23, over (2ii) the aggregate fair market rental value of the premises Premises for the same period, or (b) sums equal to the aggregate of the fixed rent Fixed Rent and the additional rent Additional Charges under Article 24 hereof (if any) 3 which would have been payable by Tenant had this Lease lease not so terminated, or had Landlord not so re-entered reentered the premisesPremises, payable upon the due dates therefor specified herein following such termination or such re-entry reentry and until the date hereinbefore set for contemplated as the expiration date hereof if this lease had not so terminated or if Landlord had not so reentered the Premises, which date shall be the last day of the full term hereby grantednext succeeding Extension Term if Tenant timely delivered an Extension Election Notice prior to the exercise by Landlord of its rights under Article 22 or 23; provided, however, that if Landlord (Landlordshall relet the Premises during said period, however, not being obligated to do so) shall re-let all or receive any part other income or consideration in connection with the use or occupancy of the premises for all Premises or any part otherwise deriving therefrom (including without limitation through the receipt of said periodinsurance or condemnation proceeds), Landlord shall credit Tenant with the net rents actually received by Landlord from such re-lettingreletting (or the net amounts of such other income or consideration), such net rents and other amounts to be determined by first deducting from the gross rents from such reletting (or the gross amounts of such other income or consideration) as and when received by Landlord from such re-letting the expenses, including attorneys fees, reasonable and actual expenses incurred or paid by Landlord in terminating this Lease and/or of re-entering lease or in reentering the premises Premises and of in securing possession thereof, as well as the reasonable and actual expenses of re-lettingreletting (including, including without limitation, altering and preparing the premises Premises for new tenants, brokers' commission’ commissions, attorneys' fees reasonable legal fees, and all other similar or dissimilar customary and reasonable expenses properly chargeable against the premises Premises and the rental therefrom in connection with therefrom) or of realizing such re-lettingother income or consideration, it being understood that any such re-letting reletting may be for a period equal to, less than shorter or longer than the remaining term Term, which date shall be the last day of this Leasethe next succeeding Extension Term if Tenant timely delivered an Extension Election Notice prior to the exercise by Landlord of its rights under Article 22 or 23; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents or other amounts over the sums payable by Tenant to Landlord hereunder, (ii) in no event nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) subdivision to a credit in respect of any net rents from a re-letting reletting or any net amounts of such other income or consideration, except to the extent that such net rents or other amounts are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting reletting and of the expenses of re-lettingreletting. For If the purposes Premises or any part thereof be relet by Landlord for the unexpired portion of subparagraph (a) the Term, or any part thereof, before presentation of this Article 18proof of such damages to any court, commission or tribunal, the amount of additional rent which would have been reserved upon such reletting shall, prima facie, be the fair and reasonable rental value for the Premises, or part thereof, so relet during the term of the reletting, provided that such reletting shall constitute a bona-fide arm’s-length third party transaction. Notwithstanding anything to the contrary contained in this lease, Landlord shall not be liable in any way whatsoever for its failure to relet the Premises or any part thereof, or if the Premises or any part thereof are relet, for its failure to collect the rent under such reletting, and no such failure to relet or failure to collect rent shall release or affect Tenant’s liability for damages or otherwise under this lease. If Landlord or any Affiliate of Landlord shall use or occupy the Premises or any portion thereof following the termination of this lease under the provisions of Article 22, the damages payable by Tenant under Article 24 hereof pursuant to paragraph (b) above shall be deemed to be an amount equal to reduced by the amount fair market rental value of the Premises or such portion thereof that is so occupied by Landlord or its Affiliate (or by the excess, if any, of such additional rent payable fair market rental value over the amounts, if any, actually paid by Tenant for the applicable period ending immediately preceding such termination of this Lease Landlord or such re-entryAffiliate in connection with such use or occupancy). 24.02. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease Term would have expired if it had not been so terminated under the provisions of Article 16 hereof, or under any provision of law22, or had the Landlord not re-entered reentered the premisesPremises. Nothing herein contained shall be construed as limiting to limit or precluding the preclude recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant. Nothing herein contained shall be construed to limit or prejudice the right of Landlord to prove for and obtain as damages by reason of the termination of this lease or reentry on the Premises for the default of Tenant under this lease an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved whether or not such amount be greater than any of the sums referred to in Section 24.01. Except as otherwise expressly set forth in this lease, Landlord shall not be liable to Tenant, and Tenant shall not be liable to Landlord, for indirect, consequential, special, punitive, exemplary, incidental or other like damages (including, without limitation, damages to Landlord for lost profits or opportunities, or the loss by foreclosure, deed in lieu, or otherwise, of all or any portion of Landlord’s interest in the Premises), even if arising from any act, omission or negligence of such party or from the breach by such party of its obligations under this lease. Subject to Section 9.04, the foregoing shall not limit the recovery of either party under an indemnity in respect of third party claims (excluding for the avoidance of doubts, claims of the respective parties Affiliates). 24.03. [Intentionally Omitted] 24.04. In addition, if this lease is terminated under the provisions of Article 22, or if Landlord shall reenter the Premises under the provisions of Article 23, Tenant agrees that: (a) the Premises then shall be in the condition in which Tenant has agreed to surrender the same to Landlord at the expiration of the term hereof; (b) Tenant shall have performed prior to any such termination any covenant of Tenant contained in this lease for the making of any Alterations or for restoring or rebuilding the Premises or any part thereof; and (c) for the breach of any covenant of Tenant set forth above in this Section 24.04, Landlord shall be entitled immediately, without notice or other action by Landlord, to recover, and Tenant shall pay, as and for liquidated damages therefor, the cost of performing such covenant (as estimated by a reputable independent contractor selected by Landlord). 24.05. In addition to any other remedies Landlord may have under this lease, and without reducing or adversely affecting any of Landlord’s rights and remedies under Article 22, if any installment of Fixed Rent or of any Additional Charges payable hereunder by Tenant to Landlord is not paid (x) in the case of Fixed Rent, on or prior to the due date thereof, or (y) in the case of Additional Charges payable to Landlord within five (5) Business Days after the due date thereof, the same shall bear interest at the Interest Rate from the due date thereof until paid, and the amount of such interest shall be an Additional Charge hereunder; provided, that, if for the month in which there is an increase in Fixed Rent pursuant to Section 1.04(a), Tenant fails to pay the adjusted amount of Fixed Rent (but pays at least the amount of Fixed Rent for the immediately preceding month), interest under this Section 24.05 shall not accrue unless Tenant fails to pay the amount of such shortfall within seven (7) Business Days after receiving notice thereof from Landlord, and if Tenant fails to pay such shortfall within said seven (7) Business Day period, interest shall accrue only on the amount of such shortfall from the day Fixed Rent was first due and payable until the date such shortfall is paid. Landlord shall provide Tenant with notice of any failure of Tenant to pay Fixed Rent and/or Additional Charges; it being understood and agreed that the delivery of any such notice shall not be a condition to the imposition of interest pursuant to this Section 24.05. For the purposes of this Section 24.05, a rent xxxx sent by first class mail, to the address to which notices are to be given under this lease, shall be deemed a proper demand for the payment of the amounts set forth therein but no such demand shall be required as a condition to the payment thereof. To the extent that Tenant is required under this lease to make any payments directly to third parties on behalf of Landlord, Tenant shall be responsible for any late charges or interest imposed by such third parties in the event that Tenant does not make such payments in a timely manner.

Damages. In the event of any termination of (a) 18.01. If this Lease is terminated under the provisions of Article 16 hereof 16, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of Article 17 hereof 17, or in the event of the termination of this Lease (Lease, or of re-entry entry, by or under any summary dispossess or other proceeding or action or any provision of law)law by reason of any default hereunder on the part of Tenant, Tenant will shall pay to Landlord as damages, at sums equal to Landlord's costs in connection with the election leasing of the Demised Premises (as well as any additional space leased to Tenant pursuant to Article 42 herein)to Tenant, including, but not limited to any and all cost in connection with (i)Landlord's Work, (ii) leasing commissions paid in connection with this Lease, (iii)the Relocation Allowance set forth in Article 45 herein, (iv)the Holdover Rent set forth in Article 44 herein, (v)the Work Allowance set forth in Article 41 herein and the cost of restoring the Demised Premises to its original condition (herein collectively referred to as "Landlord, either: (a) 's Costs"). The amount of said damage shall be reduced annually on a sum at which at straight line basis over the time of such termination term of this Lease or at Lease. The parties hereto acknowledge that the time of any such re-entry by Landlord, as the case may be, represents the then value of the excess, if any, of (1) the aggregate of the fixed rent above referenced damages are due and the additional rent under Article 24 hereof which would have been paid hereunder by Tenant had this Lease not payable upon default so terminated, for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for the expiration of the full term granted, over (2) the aggregate rental value of the premises for that the same period, oris to be collected immediately. (b) sums equal to the aggregate of the fixed rent Fixed Annual Rent and the additional rent under Article 24 hereof (if anyas above presumed) which payable hereunder that would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premisesDemised Premises, payable upon the due dates therefor specified herein following such termination or such re-entry reentry and until the date hereinbefore set for the expiration of the full term hereby grantedExpiration Date; provided, however, that Landlord shall make commercially reasonable effort to mitigate its damages and re-let the Demised Premises during said period and if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of the premises for all or any part of Demised Premises during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-letting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting letting, the expenses, including attorneys fees, actual reasonable expenses incurred or paid by Landlord in terminating this Lease and/or of in re-entering the premises Demised Premises and of in securing possession thereof, as well as the expenses of re-letting, including altering and preparing the premises Demised Premises for new tenants, brokers' commissioncommissions, reasonable attorneys' fees and disbursements, and all other similar or dissimilar expenses properly chargeable against the premises Demised Premises and the rental therefrom in connection with such re-letting, thereof; it being understood that any such re-letting may be for a period equal to, less than shorter or longer than the remaining term of this LeaseLease and that Landlord may grant concessions and free rent; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) subsection to a credit in respect of any net rents from a re-letting letting, except to the extent that such net rents actually are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Demised Premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For Landlord in no event shall be liable in any way whatsoever for failure to re-let the purposes Demised Premises nor shall such failure affect Tenant's liability for damages, it being expressly understood and agreed that Landlord has no obligation to mitigate Tenant's damages hereunder. If the Demised Premises or any part thereof shall be re-let by Landlord for the unexpired portion of subparagraph (a) the term of this Article 18Lease, or any part thereof, before presentation of proof of such damages to any court, commission or tribunal, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or reserved upon such re-entry. Suit or suits letting, prima facie, shall be the fair and reasonable rental value for the recovery of such damagesDemised Premises, or any installments part thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when so re-let during the term of this Lease would have expired if it had not been terminated under the provisions of Article 16 hereof, or under any provision of law, or had the Landlord not re-entered the premises. Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenantletting.

Damages. In the event of any termination of 24.01. If this Lease lease is terminated under the provisions of Article 16 hereof 22 hereof, or in the event that if Landlord shall re-enter reenter the premises Premises under the provisions of Article 17 hereof 23 hereof, or in the event of the termination of this Lease (lease, or of re-entry reentry, by or under any summary dispossess or other proceeding or action or any provision of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which at the time of such termination of this Lease lease or at the time of any such re-entry reentry by Landlord, as the case may be, represents the then value of the excess, if any, of (1i) the aggregate amount of the fixed rent Fixed Rent and the additional rent Additional Charges under Article 24 3 hereof which would have been paid hereunder payable by Tenant had this Lease not so terminated(conclusively presuming the average monthly Additional Charges under Article 3 hereof to be the same as were payable for the last 12 calendar months, or if less than 12 calendar months have then elapsed since the Commencement Date, all of the calendar months immediately preceding such termination or reentry) for the period commencing with such earlier termination of this Lease lease or the date of any such re-entryreentry, as the case may be, and ending with the date hereinbefore set for contemplated as the expiration of date hereof if this lease had not so terminated or if Landlord had not so reentered the full term grantedPremises, over (2ii) the aggregate rental value of the premises Premises for the same period, or (b) sums equal to the aggregate of the fixed rent Fixed Rent and the additional rent Additional Charges under Article 24 3 hereof (if any) which would have been payable by Tenant had this Lease lease not so terminated, or had Landlord not so re-entered reentered the premisesPremises, payable upon the due dates therefor specified herein following such termination or such re-entry reentry and until the date hereinbefore set for contemplated as the expiration of date hereof if this lease had not so terminated or if Landlord had not so reentered the full term hereby granted; Premises, provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of relet the premises for all or any part of Premises during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or of re-entering lease or in reentering the premises Premises and of in securing possession thereof, as well as the expenses of re-lettingreletting, including including, without limitation, altering and preparing the premises Premises for new tenants, brokers' commission’ commissions, attorneys' fees legal fees, and all other similar or dissimilar expenses properly chargeable against the premises Premises and the rental therefrom in connection with such re-lettingtherefrom, it being understood that any such re-letting reletting may be for a period equal to, less than shorter or longer than the remaining term of this Leaselease; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) subdivision to a credit in respect of any net rents from a re-letting reletting, except to the extent that such net rents are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting reletting and of the expenses of re-lettingreletting. For If the purposes Premises or any part thereof be relet by Landlord for the unexpired portion of subparagraph (a) the term of this Article 18lease, or any part thereof, before presentation of proof of such damages to any court, commission or tribunal, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall reserved upon such reletting shall, prima facie, be deemed to be an amount equal to the amount of such additional rent payable by Tenant fair and reasonable rental value for the applicable period ending immediately preceding Premises, or part thereof, so relet during the term of the reletting. Landlord shall not be liable in any way whatsoever for its failure or refusal to relet the Premises or any part thereof, or if the Premises or any part thereof are relet, for its failure to collect the rent under such termination of reletting, and no such refusal or failure to relet or failure to collect rent shall release or affect Tenant’s liability for damages or otherwise under this Lease or such re-entrylease. 24.02. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease lease would have expired if it had not been so terminated under the provisions of Article 16 22 hereof, or under any provision of law, or had the Landlord not re-entered reentered the premisesPremises. Nothing herein contained shall be construed as limiting to limit or precluding the preclude recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant. Nothing herein contained shall be construed to limit or prejudice the right of Landlord to prove for and obtain as damages by reason of the termination of this lease or reentry on the Premises for the default of Tenant under this lease an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved whether or not such amount be greater than any of the sums referred to in Section 24.01 hereof. 24.03. In addition, if this lease is terminated under the provisions of Article 22 hereof, or if Landlord shall, reenter the Premises under the provisions of Article 23 hereof, Tenant agrees that: (a) the Premises then shall be in the condition in which Tenant has agreed to surrender the same to Landlord at the expiration of the term hereof; (b) Tenant shall have performed prior to any such termination any covenant of Tenant contained in this lease for the making of any Alterations or for restoring or rebuilding the Premises or the Building, or any part thereof; and (c) for the breach of any covenant of Tenant set forth above in this Section 24.03, Landlord shall be entitled immediately, without notice or other action by Landlord, to recover, and Tenant shall pay, as and for liquidated damages therefor, the cost of performing such covenant (as estimated by an independent contractor selected by Landlord). 24.04. In addition to any other remedies Landlord may have under this lease, and without reducing or adversely affecting any of Landlord’s rights and remedies under Article 22, if any Fixed Rent, Additional Charges or damages payable hereunder by Tenant to Landlord are not paid within five days after the due date thereof, the same shall bear interest at the rate of one and one-half (1 1/2%) percent per month or the maximum rate permitted by law, whichever is less, from the due date thereof until paid, and the amount of such interest shall be an Additional Charge hereunder. For the purposes of this Section 24.04, a rent xxxx sent by first class mail, to the address to which notices are to be given under this lease, shall be deemed a proper demand for the payment of the amounts set forth therein.

Damages. In Tenant covenants and agrees that if the event of any termination term of this Lease lease shall be terminated under the provisions of Article 16 hereof 33, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of Article 17 hereof 34, or in the event of the termination of the term of this Lease (lease, or of re-entry entry, by or under any summary dispossess or other proceeding or action or any provision of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) a A sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the then value of the excess, if any, of of: (1i) the aggregate of the fixed rent and the additional rent under Article 24 hereof payable hereunder which would have been paid hereunder payable by Tenant had this Lease not so terminated, (conclusively presuming the additional rent to be the same as was payable for the year immediately preceding such termination or re-entry) for the period commencing with such earlier termination of this Lease or the date of any such termination or re-entry, as the case may be, and ending with the date hereinbefore set for Expiration Date, had the expiration term of this lease not been so terminated or had Landlord not so re-entered the full term grantedDemised Premises, over over (2ii) the aggregate rental value of the premises Demised Premises for the same period; both discounted to the date of such termination or re-entry, as the case may be, at the rate of 10% per annum compounded quarterly; or (b) sums Sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if any) payable hereunder which would have been payable by Tenant had the term of this Lease not been so terminated, or had Landlord not so re-entered the premisesDemised Premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set Expiration Date. Landlord may re-let the Demised Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease. Landlord may grant concessions of free rent and Landlord, at its option, may make such alterations and decorations in the Demised Premises as Landlord considers advisable and necessary for the expiration purpose of re-letting the full term hereby grantedDemised Premises, and the granting of such concessions and/or making of such alterations and decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of the premises for all or any part of Demised Premises during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-letting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting letting, the expenses, including attorneys fees, expense incurred or paid by Landlord in terminating the term of this Lease and/or of lease and in re-entering the premises Demised Premises and of in securing possession thereof, as well as the expenses of re-letting, including altering and preparing the premises Demised Premises for new tenants, brokers' commission’ commissions, attorneys' ’ fees and all other similar or dissimilar expenses properly chargeable against the premises Demised Premises and the rental therefrom in connection with such re-letting, therefrom; it being understood that any such re-letting may be for a period equal to, less than shorter or longer than the remaining term of this Leaselease; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event or shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) Article to a credit in respect of any net rents from a re-letting letting, except to the extent that such net rents are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Demised Premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For . (c) In the purposes event of subparagraph (a) of this Article 18, the amount of additional rent which would have been payable a default by Tenant in its obligations under Article 24 hereof shall be deemed to be an amount equal to this lease, beyond applicable grace periods, if any, resulting in the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or such re-entry. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been terminated under the provisions of Article 16 hereof, or under any provision of law, or had the Landlord not re-entered the premises. Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages to whichlease, in addition to Landlord’s other rights and remedies, there shall be immediately payable by Tenant to Landlord, as additional rent, the damages particularly provided aboveunamortized amount of all of the following which are incurred, granted or assumed by Landlord may lawfully be entitled in connection with the lease: all rent concessions; free rent; rent credits, contributions or payments by reason Landlord with respect to work or improvements performed in the Demised Premises; and/or obligations expenses and liabilities of any default hereunder on the part Tenant assumed or paid for by Landlord in consideration of Tenant’s entering into this lease.

Damages. In 60.1 Notwithstanding anything to the event of any termination of this Lease under the provisions of contrary contained in Article 16 hereof or in the event that 18 hereof, if Landlord shall re-enter the premises Demised Premises under the provisions of Article 17 hereof 18, or in the event of the termination of this Lease (Lease, or of re-entry entry, by or under any summary dispossess or other proceeding or action or of any provision of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (ai) a sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the then value of the excess, if any, of (1) equals the aggregate of the fixed rent and the additional rent under Article 24 hereof Adjusted Minimum Rent payable hereunder which would have been paid hereunder payable by Tenant had this Lease (conclusively presuming that additional rent on account of increases in Taxes and Building Operating Costs shall increase at the average of the rates of increase thereof previously experienced by Landlord during the period not so terminated, to exceed 3 years prior to such termination) for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for the expiration of the full term grantedTermination Date, over (2) the aggregate rental value of the premises for the same period, or (b) sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if any) which would have been payable by Tenant had this Lease not so terminated, terminated or had Landlord not so re-entered the premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; provided, however, that if Landlord Demised Premises plus (Landlord, however, not being obligated to do soii) shall re-let all or any part of the premises for all or any part of said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-letting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting the expenses, including attorneys fees, incurred or paid by Landlord in terminating this Lease and/or of re-entering the premises and of securing possession thereof, as well as the expenses of or re-letting, including altering and preparing the premises Demised Premises for new tenants, brokers' commissioncommissions, attorneys' attorney's fees and all other similar or dissimilar expenses properly chargeable against the premises Demised Premises and the rental therefrom in connection with thereof less any sums actually received by Landlord on account of such re-letting, it being understood that any . Any such re-letting may be for a period equal to, less than shorter or longer than the remaining term of this Lease; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event or shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) to subsection of a credit in respect of any net rents from a re-letting except to reletting. If the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and (iii) if the premises Demised Premises or any part thereof should be re-let in combination with the other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For the purposes of subparagraph (a) of this Article 18, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or such re-entry. . 60.2 Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been so terminated under the provisions of Article 16 hereof, or under any provision of law, or had the Landlord not re-entered the premisesDemised Premises. Nothing herein contained shall be construed as limiting to limit or precluding the preclude recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant. Any indemnity of Tenant shall survive the expiration or earlier termination of this Lease. Nothing herein contained shall be construed to limit or prejudice the right of Landlord to prove for and obtain as liquidated damages by reason of the termination of this Lease or re-entry of the Demised Premises for the default of Tenant under this Lease, an amount equal to the maximum allowed by any statute or rule of law governing the proceedings in which such damages are to be proved whether or not such amount be greater, equal to, or less than any of the sums referred to in Section 60.1.

Damages. In the event of any termination of If this Lease under the provisions of Article 16 hereof shall be terminated as provided in Section 24.03(a) or Tenant shall be dispossessed by summary proceedings or otherwise as provided in the event that Landlord shall re-enter the premises under the provisions of Article 17 hereof or in the event of the termination of this Lease (or of re-entry by or under any summary dispossess or other proceeding or action or any provision of law), Tenant will pay to Landlord as damages, at the election of Landlord, eitherSection 24.03(b) hereof: (a) a sum at which at the time of such termination of Tenant shall pay to Landlord all Rental payable by Tenant under this Lease (and not yet paid) to the date upon which this Lease and the Term shall have expired and come to an end or at to the time date of any such re-entry upon the Premises by Landlord, as the case may be; (b) Landlord may complete all construction required to be performed by Tenant hereunder and may repair and alter the Premises in such manner as Landlord may deem necessary or advisable (and may apply to the foregoing all funds, represents if any, then held by Depository pursuant to Article 7, 8, or 9 or by Landlord under the then value Design/Construction Period Letter of Credit) without relieving Tenant of any liability under this Lease or otherwise affecting any such liability, and/or let or relet the Premises or any parts thereof for the whole or any part of the excessremainder of the Term or for a longer period, in Landlord’s name or as agent of Tenant, and out of any rent and other sums collected or received as a result of such reletting Landlord shall: (i) first, pay to itself the reasonable cost and expense of terminating this Lease, re-entering, retaking, repossessing, completing construction and repairing or altering the Premises, or any part thereof, and the cost and expense of removing all persons and property therefrom, including in such costs brokerage commissions, legal expenses and reasonable attorneys’ fees and disbursements, (ii) second, pay to itself the reasonable cost and expense sustained in securing any new tenants and other occupants, including in such costs brokerage commissions, legal expenses and reasonable attorneys’ fees and disbursements and other expenses of preparing the Premises for reletting, and, if Landlord shall maintain and operate the Premises, the reasonable cost and expense of operating and maintaining the Premises, and (iii) third, pay to itself any balance remaining on account of the liability of Tenant to Landlord. Landlord in no way shall be responsible or liable for any failure to relet the Premises or any part thereof, or for any failure to collect any rent due on any such reletting, and no such failure to relet or to collect rent shall operate to relieve Tenant of any liability under this Lease or to otherwise affect any such liability; (c) if Landlord shall not have declared all Rental due and payable pursuant to Section 24.02 hereof, Tenant shall be liable for and shall pay to Landlord, as damages, any deficiency (referred to as “Deficiency”) between the Rental reserved in this Lease for the period which otherwise would have constituted the unexpired portion of the Term and the net amount, if any, of rents collected under any reletting effected pursuant to the provisions of Section 24.04(b) for any part of such period (1) first deducting from the aggregate rents collected under any such reletting all of the fixed rent payments to Landlord described in clauses (i) and the additional rent under Article 24 hereof which would have been (ii) of Section 24.04(b) hereof); any such Deficiency shall be paid hereunder in installments by Tenant had on the days specified in this Lease for the payment of installments of Rental, and Landlord shall be entitled to recover from Tenant each Deficiency installment as the same shall arise, and no suit to collect the amount of the Deficiency for any installment period shall prejudice Landlord’s right to collect the Deficiency for any subsequent installment period by a similar proceeding; and (d) if Landlord shall not so terminatedhave declared all Rental due and payable pursuant to Section 24.02 hereof, and whether or not Landlord shall have collected any Deficiency installments as aforesaid, Landlord shall be entitled to recover from Tenant, and Tenant shall pay to Landlord, on demand, in lieu of any further Deficiencies, as and for liquidated and agreed final damages (it being agreed that it would be impracticable or extremely difficult to fix the actual damage), a sum equal to the amount by which the Rental reserved in this Lease for the period commencing with such earlier termination of this Lease or which otherwise would have constituted the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for the expiration unexpired portion of the full term granted, over (2) Term exceeds the aggregate then fair and reasonable rental value of the premises Premises for the same period, or both discounted to present worth at the rate of six percent (b6%) sums equal per annum less the aggregate amount of Deficiencies theretofore collected by Landlord pursuant to the aggregate provisions of the fixed rent and the additional rent under Article 24 hereof (if anySection 24.04(c) which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration same period; it being agreed that before presentation of proof of such liquidated damages to any court, commission or tribunal, if the full term hereby granted; providedPremises, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part thereof, shall have been relet by Landlord for the period which otherwise would have constituted the unexpired portion of the premises for all Term, or any part of said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-letting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting the expenses, including attorneys fees, incurred or paid by Landlord in terminating this Lease and/or of re-entering the premises and of securing possession thereof, as well as the expenses of re-letting, including altering and preparing the premises for new tenants, brokers' commission, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises and the rental therefrom in connection with such re-letting, it being understood that any such re-letting may be for a period equal to, less than or longer than the remaining term of this Lease; provided, further, that (i) in no event shall Tenant be entitled to receive any excess or such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) to a credit in respect of any net rents from a re-letting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and (iii) if the premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For the purposes of subparagraph (a) of this Article 18, the amount of additional rent which would have been payable by Tenant under Article 24 hereof reserved upon such reletting shall be deemed deemed, prima facie, to be an amount equal to the amount of such additional rent payable by Tenant fair and reasonable rental value for the applicable period ending immediately preceding such termination part or the whole of this Lease or such re-entry. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when Premises so relet during the term of this Lease would have expired if it had not been terminated under the provisions of Article 16 hereof, or under any provision of law, or had the Landlord not re-entered the premises. Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant.reletting

Damages. In the event of any termination 17.1. If there is a Default Termination of this Lease under Lease, the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of Article 17 hereof or in the event of the termination of this Lease (or of re-entry by or under any summary dispossess or other proceeding or action or any provision of law), Tenant will pay to the Landlord as damages, at the election of the Landlord, either: (a) a sum at which which, at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may beDefault Termination, represents the then present value (such computation to be made by using a rate one percentage point greater than the then prevailing rate of most recently issued bonds or notes issued by the United States Treasury having a maturity closest to but not exceeding the period commencing with the day following the date of such Default Termination and ending with the date originally specified as the expiration date of this Lease (the “Remaining Period”)) of the excess, if any, of (1) the aggregate of the fixed rent and the additional rent under Article 24 hereof which would have been paid hereunder by Tenant Twenty-four (if any) which, had this Lease not so terminated, would have been payable under this Lease by the Tenant for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for the expiration of the full term granted, Remaining Period over (2) the aggregate fair market rental value of the premises Premises for the same period, or (b) sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof Twenty-four (if any) which would have been payable by the Tenant had this Lease not so terminated, or had Landlord not so re-entered the premisesterminated by such Default Termination, payable upon the due dates therefor specified herein in this Lease following such termination or such re-entry Default Termination and until the date hereinbefore set for originally specified as the expiration of the full term hereby granted; this Lease, provided, however, that if the Landlord (Landlord, however, not being obligated to do so) shall re-let relet all or any part of the premises Premises for all or any part of said periodthe Remaining Period (the Landlord having no obligation to so relet the Premises), the Landlord shall credit the Tenant with the net rents actually received by the Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by the Landlord from such re-letting reletting the expenses, including attorneys fees, expenses incurred or paid by the Landlord in terminating this Lease and/or of and re-entering the premises Premises and of securing possession thereof, as well as the expenses of re-lettingreletting, including altering and preparing the premises Premises for new tenants, brokers' commission’ commissions, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises Premises and the rental therefrom in connection with such re-lettingreletting, it being understood that any such re-letting reletting may be for a period equal to, less than to or shorter or longer than the remaining term of this Leasesaid period; provided, further, that (i) in no event shall the Tenant be entitled to receive any excess or of such net rents over the sums payable by the Tenant to Landlord hereunderthe Landlord, (ii) in no event shall the Tenant be entitled entitled, in any suit for the collection of damages pursuant to this subparagraph subsection (b) ), to a credit in respect of any net rents from a re-letting reletting except to the extent that such net rents are actually received by the Landlord prior to the commencement of such suit, and (iii) if the premises Premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot rentable area basis shall be made of the rent received from such re-letting reletting and of the expenses of re-lettingreletting. 17.2. For the purposes of subparagraph (a) of this Article 18Article, the amount of additional rent which would have been payable by the Tenant under Article 24 hereof shall Twenty-four shall, for each Computation Year (as defined in Article Twenty-four) ending after such Default Termination, be deemed to be an amount equal to the amount of such additional rent payable by the Tenant for the applicable period ending Computation Year immediately preceding the Computation Year in which such termination Default Termination occurs or if the Default Termination occurs prior to the end of the first Computation Year, then the Landlord’s reasonable estimate of what additional rent would have been had this Lease or commenced one year earlier, and in either case deemed increased each year by the percentage increase in additional rent for the immediately preceding Computation Year over the additional rent for the twelve-month period prior thereto or, if this Lease term did not occur throughout such re-entry. prior years, Landlord’s reasonable estimate of what such increase would have been had the term occurred during such years Suit or suits for the recovery of such damagesany damages payable by the Tenant, or any installments thereof, may be brought by the Landlord from time to time at its election, and nothing contained herein in this Lease shall be deemed to require the Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been terminated under the provisions of Article 16 hereofbut for such Default Termination. 17.3. Subject to Section 6.2, or under any provision of law, or had the Landlord not re-entered the premises. Nothing herein contained nothing in this Lease shall be construed as limiting or precluding the recovery by the Landlord against the Tenant of any sums or damages to which, in addition to the damages particularly provided specified above, the Landlord may lawfully be entitled by reason of any default hereunder under this Lease on the part of the Tenant.

Damages. In the event of any termination a Default Termination of this Lease under Lease, the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of Article 17 hereof or in the event of the termination of this Lease (or of re-entry by or under any summary dispossess or other proceeding or action or any provision of law), Tenant will pay to the Landlord as damages, at the election of the Landlord, either: (a) a sum at which which, at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may beDefault Termination, represents the then value of the excess, if any, of (1) the aggregate of the fixed rent and rent, the additional rent under Article 24 Twenty-fourth hereof which would have been paid hereunder by Tenant (if any) and the percentage rent (if any) which, had this Lease not so terminated, would have been payable hereunder by the Tenant for the period commencing with such earlier termination of this Lease or the day following the date of any such re-entry, as the case may be, Default Termination and ending with the date hereinbefore set for the expiration of the full term hereby granted, over (2) the aggregate rental value of the premises for the same period, or (b) sums equal to the aggregate of the fixed rent and rent, the additional rent under Article 24 Twenty-fourth hereof (if any) and the percentage rent (if any) which would have been payable by the Tenant had this Lease not so terminated, or had Landlord not so re-entered the premisesterminated by such Default Termination, payable upon the due dates therefor specified herein following such termination or such re-entry Default Termination and until the date hereinbefore set for the expiration of the full term hereby granted; provided, however, that if the Landlord (Landlord, however, not being obligated to do so) shall re-let relet all or any part of the premises for all or any part of said periodthe period commencing on the day following the date of such Default Termination and ending on the date hereinbefore set for the expiration of the full term hereby granted, the Landlord shall credit the Tenant with the net rents actually received by the Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by the Landlord from such re-letting reletting the expenses, including attorneys fees, reasonable expenses incurred or paid by the Landlord in terminating this Lease and/or and of re-entering the premises and of securing possession thereof, as well as the reasonable expenses of re-lettingreletting, including altering and preparing the premises for new tenants, brokers' commissioncommissions, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises and the rental therefrom in connection with such re-lettingreletting, it being understood that any such re-letting reletting may be for a period equal to, less than to or shorter or longer than the remaining term of this Leasesaid period; provided, further, that (i) in no event shall the Tenant be entitled to receive any excess or of such net rents over the sums payable by the Tenant to the Landlord hereunder, (ii) in no event shall the Tenant be entitled entitled, in any suit for the collection of damages pursuant to this subparagraph (b) ), to a credit in respect of any net rents from a re-letting reletting except to the extent that such net rents are actually received by the Landlord prior to the commencement of such suit, and (iii) if the premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot rentable area basis shall be made of the rent received from such re-letting reletting and of the expenses of re-lettingreletting. For the purposes of this Article, the amount of the percentage rent (if any) which would have been payable for the period following a Default Termination of this Lease shall be deemed to be an amount, for each calendar month in said period, equal to the monthly average amount of percentage rent (if any) which became payable under this Lease during the term hereof prior to such Default Termination. For the purposes of subparagraph (a) of this Article 18Article, the amount of additional rent which would have been payable by the Tenant under Article 24 Twenty-fourth hereof shall shall, for each Computation Year (as hereinafter defined) ending after such Default Termination, be deemed to be an amount equal to the amount of such additional rent payable by the Tenant for the applicable period ending Computation Year immediately preceding the Computation Year in which such termination of this Lease or such re-entryDefault Termination occurs. Suit or suits for the recovery of such damagesany damages payable hereunder by the Tenant, or any and installments thereof, may be brought by the Landlord from time to time at its election, and nothing contained herein shall be deemed to require the Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been terminated under the provisions of Article 16 hereof, or under any provision of law, or had the Landlord not re-entered the premisesbut for such Default Termination. Nothing herein contained shall be construed as limiting or precluding the recovery by the Landlord against the Tenant of any sums or damages to which, in addition to the damages particularly provided above, the Landlord may lawfully be entitled by reason of any default hereunder on the part of the Tenant.

Damages. In the event of any termination of Section 18.01. If this Lease under and the provisions of Demised Term shall expire and come to an end as provided in Article 16 hereof 16, or in the event that Landlord shall re-enter the premises under the provisions of Article 17 hereof or in the event of the termination of this Lease (or of re-entry by or under any summary dispossess or other proceeding or any other action or proceeding, or if Landlord shall reenter the Demised Premises as provided in Article 17, or by or under any provision summary proceeding or any other action or proceeding, then, in any of law), Tenant will pay to Landlord as damages, at the election of Landlord, eithersaid events: (a) a sum at which at the time of such termination of Tenant shall pay to Landlord all Base Rent, additional rent and other charges payable under this Lease by Tenant to Landlord on the date upon which this Lease and the Demised Term shall have expired and come to an end or at to the time date of any such re-entry upon the Demised Premises by Landlord, as the case may be; and (b) Tenant shall also be liable for and shall pay Landlord, represents as damages, any deficiency (referred to as “Deficiency”) between the then value Base Rent and additional rent reserved in this Lease for the period which otherwise would have constituted the unexpired portion of the excessDemised Term (conclusively presuming the items of additional rent to be the same as were payable for the year immediately preceding such termination or re-entry) and the net amount, if any, of rents collected under any re-letting effected pursuant to the provisions of Section 17.01. for any part of such period (1) first deducting from the aggregate rents collected under the re-letting all of Landlord’s expenses in connection with the fixed rent and the additional rent under Article 24 hereof which would have been paid hereunder by Tenant had this Lease not so terminated, for the period commencing with such earlier termination of this Lease Lease, or the date of any such Landlord’s re-entryentry upon the Demised Premises and with re-letting the Demised Premises, including, but not limited to, all re-possession costs, brokerage commissions, legal expenses, attorneys’ fees, alteration costs, advertising costs, lease concessions and other expenses of re-letting and preparing the Demised Premises for re-letting [collectively, “Landlord’s Re-letting Expenses”]). Any such Deficiency shall be paid in monthly installments by Tenant on the days specified in this Lease for 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 subsequent month by a similar proceeding; and (c) At any time after the Demised Term shall have expired and come to an end or Landlord shall have re-entered upon the Demised Premises, as the case may be, whether or not Landlord shall have collected any monthly Deficiencies as aforesaid, Landlord shall be entitled to recover from Tenant, and ending with Tenant shall pay to Landlord, on demand, as and for liquidated and agreed final damages, a sum equal to the date hereinbefore set amount by which the Base Rent and additional rent reserved in this Lease for the expiration period which otherwise would have constituted the unexpired portion of the full term granted, over (2) Demised Term exceeds the aggregate then fair and reasonable rental value of the premises Demised Premises for the same period, or both discounted to present worth at the rate of four (b4%) sums equal per cent per annum, together with Landlord’s Re-letting Expenses. If, before presentation of proof of such liquidated damages to any court, commission or tribunal, the aggregate of the fixed rent and the additional rent under Article 24 hereof (if any) which would Demised Premises, or any part thereof, shall have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all by Landlord for the period which otherwise would have constituted the unexpired portion of the Demised Term, or any part thereof, the amount of the premises for all or any part of said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-letting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from rent reserved upon such re-letting shall be deemed, prima facie, to be the expenses, including attorneys fees, incurred fair and reasonable rental value for the part or paid by Landlord in terminating this Lease and/or the whole of the Demised Premises so re-entering let during the premises and term of securing possession thereof, as well as the expenses of re-letting. Section 18.02. If the Demised Premises, including altering and preparing the premises for new tenantsor any part thereof, brokers' commission, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises and the rental therefrom in connection with such shall be re-lettinglet together with other space in the Building, it being understood that the rents collected or reserved under any such re-letting may be for a period equal to, less than or longer than and the remaining term of this Lease; provided, further, that (i) in no event shall Tenant be entitled to receive any excess or such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) to a credit in respect expenses of any net rents from a re-letting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and (iii) if the premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For shall be equitably apportioned for the purposes of subparagraph (a) of this Article 18. Tenant shall in no event be entitled to any rents collected or payable under any re-letting, whether or not such rents shall exceed the Base Rent reserved in this Lease. Solely for the purposes of this Article, the amount term “Base Rent” as used in Section 18.01. shall mean the Base Rent in effect immediately prior to the date upon which this Lease and the Demised Term shall have expired and come to an end, or the date of additional rent which would re-entry upon the Demised Premises by Landlord, as the case may be together with any increases in such Base Rent as may have been payable by Tenant under occurred during the unexpired portion of the Demised Term. Nothing contained in Articles 16, 17 or this Article 24 hereof shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease limit or such re-entry. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been terminated under the provisions of Article 16 hereof, or under any provision of law, or had the Landlord not re-entered the premises. Nothing herein contained shall be construed as limiting or precluding preclude the recovery by Landlord against from Tenant of any sums or damages to which, which Landlord may be entitled in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenantset forth in Section 18.01.

Damages. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of Article 17 hereof or in the event of the termination of this Lease (or of re-entry by or under any summary dispossess or other proceeding or action or any provision of law), Tenant will pay to Landlord as damages, at the election of Landlord, either: (a) Parent, the Stock Sellers and the Business Sellers shall indemnify and hold harmless the Purchaser and the Transferred Subsidiaries from and against any and all claims, losses, damages, Liabilities, costs and expenses (including reasonable attorneys’ fees, expenses and Taxes incurred by the Purchaser as a sum at which at the time result of such termination of this Lease indemnification) (collectively, “Damages”) actually suffered or at paid by the time of Purchaser or any such re-entry by Landlord, Transferred Subsidiary as the case may be, represents the then value a result of the excessbreach by such Parent, if any, Stock Seller or Business Seller of (1i) the aggregate any representation or warranty made by Parent for its own account or on behalf of the fixed rent and the additional rent under Article 24 hereof which would have been paid hereunder by Tenant had this Lease not so terminated, for the period commencing with such earlier termination of this Lease Stock Sellers or the date of any such re-entry, as the case may beBusiness Sellers in this Agreement, and ending with the date hereinbefore set (ii) any covenant, undertaking or other agreement of Parent for the expiration its own account or on behalf of the full term grantedStock Sellers or the Business Sellers contained in this Agreement, over (2) it being agreed that each of Parent’s, the aggregate rental value of the premises Stock Seller’s or Business Sellers’ liability for the same period, orsuch breach shall be determined as set forth in Section 11.2. (b) sums equal The Purchaser hereby agrees to indemnify and hold harmless Parent, the aggregate of the fixed rent Stock Sellers and the additional rent under Article 24 hereof (if any) which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of the premises for all or any part of said period, Landlord shall credit Tenant with the net rents Business Sellers against Damages actually received by Landlord from such re-letting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting the expenses, including attorneys fees, incurred suffered or paid by Landlord in terminating this Lease and/or such Parent, such Stock Seller or such Business Seller as a result of re-entering the premises and breach by the Purchaser of securing possession thereof, as well as the expenses of re-letting, including altering and preparing the premises for new tenants, brokers' commission, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises and the rental therefrom in connection with such re-letting, it being understood that any such re-letting may be for a period equal to, less than or longer than the remaining term of this Lease; provided, further, that (i) any representation or warranty made by the Purchaser in no event this Agreement and (ii) any covenant, undertaking or other agreement of the Purchaser contained in this Agreement. (c) Except as otherwise expressly provided in this Agreement, the indemnification provided for in this Article IX shall Tenant be entitled constitute the sole remedy of any party to receive the Agreement with respect to (i) breaches by any excess other party to this Agreement or such net rents over any of the sums payable by Tenant to Landlord hereunderrepresentations, warranties, agreements or covenants contained in this Agreement or any Local Agreement, (ii) any events, circumstances or conditions which are the subject of the representations, warranties, covenants or agreements contained in no event shall Tenant be entitled in this Agreement or any suit for Local Agreement, (iii) any other matters related to the collection transactions contemplated by this Agreement or any Local Agreement, and (iv) any other events, circumstances or conditions relating to the ownership or operation of damages pursuant the Transferred Subsidiaries, the Transferred Assets and the Assumed Liabilities, prior to this subparagraph the Closing Date. (bd) to a credit in respect of any net rents from a re-letting except to To the extent that such net rents are actually received by Landlord prior to the commencement of such suitParent, and (iii) if the premises any Stock Seller or any part thereof should be re-let in combination with other spaceBusiness Seller discharges any claim for indemnification hereunder, then proper apportionment on a square foot area basis Parent, such Stock Seller or such Business Seller shall be made subrogated, if legally possible, to all related rights of the rent received from such re-letting and Purchaser against third parties. To the extent that the Purchaser discharges any claim for indemnification hereunder, the Purchaser shall be subrogated, if legally possible, to all related rights of the expenses of re-letting. For the purposes of subparagraph Parent, any Stock Seller or any Business Seller against third parties. (ae) of Each party seeking indemnification under this Article 18, the amount of additional rent which would have been payable by Tenant under Article 24 hereof IX (an “Indemnified Party”) shall be deemed obligated in connection with any claim for indemnification under this Article IX to be an amount equal use its reasonable best efforts to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or such re-entry. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, mitigate Damages upon and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been terminated under the provisions of Article 16 hereof, or under any provision of law, or had the Landlord not re-entered the premises. Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant after becoming aware of any sums or damages event which could reasonably be expected to which, in addition give rise to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenantsuch Damages.

Damages. In the event of any termination of 27.01 If this Lease lease is terminated under the provisions of Article 16 hereof 25, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of Article 17 hereof 26, or in the event of the termination of this Lease (lease, or of re-entry entry, by or under any summary dispossess or other proceeding or action or any provision of law)law by reason of default hereunder on the part of Tenant which continues after notice and the expiration of any applicable cure period, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which at the time of such termination of this Lease lease or at the time of any such re-entry by Landlord, as the case may be, represents the then present value of the excess, if any, discounted at the rate of six (16%) percent per annum, of: (i) the aggregate of the fixed rent and the additional rent under Article 24 hereof payable hereunder which would have been paid hereunder payable by Tenant had this Lease not so terminated, (conclusively presuming the additional rent to be the same as was payable for the year immediately preceding such termination) for the period commencing with such earlier termination of this Lease lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for Expiration Date, had this lease not so terminated or had Landlord not so re-entered the expiration of the full term granted, over Demised Premises; over (2ii) the aggregate rental value of the premises Demised Premises for the same period, ; or (b) sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if anyas above presumed) payable hereunder which would have been payable by Tenant had this Lease lease not so terminated, or had Landlord not so re-entered the premisesDemised Premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; Expiration Date, provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of relet the premises for all or any part of Demised Premises during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or of lease or in re-entering the premises Demised Premises and of in securing possession thereof, as well as the expenses of re-lettingreletting, including altering and preparing the premises Demised Premises for new tenants, brokers' commissioncommissions, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises Demised Premises and the rental therefrom in connection with such re-letting, therefrom; it being understood that any such re-letting reletting may be for a period equal to, less than shorter or longer than the remaining term of this Leaselease; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) Subsection to a credit in respect of any net rents from a re-letting reletting, except to the extent that such net rents are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Demised Premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot area basis (for equivalent space) shall be made of the rent received from such re-letting reletting and of the expenses of re-lettingreletting. For If the purposes Demised Premises or any part thereof be relet by Landlord for the unexpired portion of subparagraph (a) the term of this Article 18lease, or any part thereof, before presentation of proof of such damages to any court, commission or tribunal, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall reserved upon such reletting shall, prima facie, be deemed to be an amount equal to the amount of such additional rent payable by Tenant fair and reasonable rental value for the applicable period ending immediately preceding such termination Demised Premises, or part thereof, so relet during the term of this Lease or such re-entry. the reletting. 27.02 Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease lease would have expired if it had not been so terminated under the provisions of Article 16 hereof25, or under any 72 76 provision of law, or had the Landlord not re-entered the premisesDemised Premises. Nothing herein contained shall be construed as limiting to limit or precluding the preclude recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant, but subject to Section 27.01, neither party shall be entitled to consequential damages under this lease. Nothing herein contained shall be construed to limit or prejudice the right of Landlord to prove for and obtain as liquidated damages by reason of the termination of this lease or re-entry on the Demised Premises for the default of Tenant under this lease, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved whether or not such amount be greater, equal to, or less than any of the sums referred to in Section 27.01, but subject to Section 27.01, neither party shall be entitled to consequential damages under this lease.

Damages. In the event of any termination of SECTION 1. If this Lease is terminated under the provisions of Article 16 hereof 19, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of Article 17 hereof 24 or in the event of the termination of this Lease (Lease, or of re-entry by or under any summary dispossess or other proceeding or action or any provision of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay to Landlord as damagesdamages , at the election of Landlord, either: : (a) on demand, a sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the then value of the excess, if any, of of: (1) the aggregate of the fixed rent and the additional rent under Article 24 hereof payable hereunder which would have been paid hereunder payable by Tenant had this Lease not so terminated, (conclusively presuming the additional rent to be the same as was payable for the year immediately preceding such termination) for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for the expiration of the full term granted, over earlier (2) the aggregate rental value of the premises Demised Premises for the same period, or ; or (b) sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if anyas above presumed) payable hereunder which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premisesDemised Premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; Expiration Date, provided, however, however that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of relet the premises for all or any part of Demised Premises during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or of or in re-entering the premises Demised Premises and of in securing possession thereof, as well as the expenses of re-lettingreletting, including altering and preparing the premises Demised Premises for new tenants, brokers' commissioncommissions, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises Demised Premises and the rental therefrom in connection with such re-letting, therefrom; it being understood that any such re-letting reletting may be for a period equal to, less than shorter or longer than the remaining term of this Lease; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) Section to a credit in respect of any net rents from a re-letting reletting, except to the extent that such net rents are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Demised Premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot area basis (for equivalent space) shall be made of the rent received from such re-letting reletting and of the expenses of re-lettingreletting. For If the purposes Demised Premises or any part thereof be relet by Landlord for the unexpired portion of subparagraph (a) the Lease Term, or any part thereof, before presentation of this Article 18proof of such damages to any court, commission, or tribunal, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall reserved upon such reletting shall, prima facie, be deemed to be an amount equal to the amount of such additional rent payable by Tenant fair and reasonable rental value for the applicable period ending immediately preceding such termination Demised Premises, or part thereof, so relet during the term of this Lease or such the reletting. Landlord shall cooperate with Tenant in any efforts to re-entryrent the Demised Premises and thereby mitigate damages in the event of a default, provided that Landlord shall in no event and in no way be responsible or liable for any failure to relet the Demised Premises or any party thereof or for failure to collect any rent due upon any such reletting. SECTION 2. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease Term would have expired if it had not been so terminated under the provisions of Article 16 hereof19, or under any provision of law, or had the Landlord not re-entered the premisesDemised Premises. Nothing herein contained shall be construed as limiting to limit or precluding the preclude recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder or otherwise on the part of Tenant. Nothing herein contained shall be construed to limit or prejudice the right of Landlord to prove for and obtain as liquidated damages by reason of the termination of this Lease or re-entry on the Demised Premises for the default of Tenant under this Lease, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved whether or not such amount be greater, equal to or less than any of the sums referred to in this Article. SECTION 3. If Tenant shall at any time be in default hereunder, whether or not Landlord shall institute an action or summary proceeding against Tenant based upon such default and whether or not such default results from non-payment of Base Rent or additional rent, or if Tenant requests Landlord to review or execute documents (including, without limitation, any sublease or occupancy documents) in connection with this Lease or to grant its consent or approval to the making of Tenant's Changes, or otherwise if it is reasonably prudent for Landlord to contact legal counsel, architects, engineers or other representatives or agents as to the form or substance of any of the foregoing, then Tenant shall reimburse Landlord, as additional rent, for all reasonable fees, charges and disbursements of such attorneys, architects, engineers or other representatives or agents, thereby incurred by Landlord.

Damages. In the event of any termination of 29.01 If this Lease is terminated under the provisions of Article 16 hereof 27, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of Article 17 hereof 28, or in the event of the termination of this Lease (Lease, or of re-entry entry, by or under any summary dispossess or other proceeding or action or any provision of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay as Additional Charges to Landlord as a condition precedent to the dismissal of any summary dispossess or other proceeding or action as damages, at the election of Landlord, either: (a) a sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the then value of the excess, if any, of (1i) the aggregate amount of the fixed rent and the additional rent under Article 24 hereof Rent which would have been paid hereunder payable by Tenant had this Lease not so terminated(conclusively presuming the average monthly Additional Charges to be the same as were the average monthly Additional Charges payable for the year, or if less than 365 days have then elapsed since the Commencement Date, the partial year, immediately preceding such termination or re-entry) for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for the expiration of the full term grantedExpiration Date, over (2ii) the aggregate rental value of the premises Demised Premises for the same period, ; or (b) sums equal to the aggregate of the fixed rent Fixed Rent and the additional rent under Article 24 hereof (if any) Additional Charges which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premisesDemised Premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; Expiration Date, provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of relet the premises for all or any part of Demised Premises during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or of or in re-entering the premises Demised Premises and of in securing possession thereof, as well as the expenses of re-lettingreletting, including including, without limitation, altering and preparing the premises Demised Premises for new tenants, brokers' commission’ commissions, attorneys' fees legal fees, and all other similar or dissimilar expenses properly chargeable against the premises Demised Premises and the rental therefrom in connection with such re-lettingtherefrom, it being understood that any such re-letting reletting may be for a period equal to, less than shorter or longer than the remaining term of this Leaseperiod ending on the Expiration Date; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event nor shall Tenant be entitled in any suit such for the collection of damages pursuant to this subparagraph subdivision (b) to a credit in respect of any net rents from a re-letting reletting, except to the extent that such net rents are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Demised Premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting reletting and of the expenses of re-lettingreletting. For If the purposes Demised Premises or any part thereof be relet by Landlord before presentation of subparagraph (a) proof of this Article 18such damages to any court, commission or tribunal, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall reserved upon such reletting shall, prima facto, be deemed to be an amount equal to the amount of such additional rent payable by Tenant fair and reasonable rental value for the applicable period ending immediately preceding Demised Premises, or part thereof, so relet during the term of the reletting. Landlord shall not be liable in any way whatsoever for its failure or refusal to relet the Demised Premises or any part thereof, or if the Demised Premises or any part thereof are relet, for its failure to collect the rent under such termination of reletting, and no such refusal or failure to relet or failure to collect rent shall release or affect Tenant’s liability for damages or otherwise under this Lease or such re-entry. Lease. 29.02 Suit or suits for the recovery of such damagesdamages or, or any installments thereof, may be brought by Landlord at any time and from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease Term would have expired if it had not been so terminated under the provisions of Article 16 hereof27, or under any provision of law, or had the Landlord not re-entered the premisesDemised Premises. Nothing herein contained shall be construed as limiting to limit or precluding the preclude recovery by Landlord Landlord-against Tenant of any sums sums, damages or liquidated damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant. Nothing herein contained shall be construed to limit or prejudice the right of Landlord to prove for and obtain as damages or liquidated damages by reason of the termination of this Lease or re-entry of the Demised Premises for the default of Tenant under this Lease, an amount equal to the maximum allowed by any statute or rule of law in effect at the time, whether or not such amount be greater than, equal to, or less than any of the sums referred to in Section 29.01 29.03 In addition, if this Lease is terminated under the provisions of Article 27, or if Landlord shall re-enter the Demised Premises under the provisions of Article 28, Tenant covenants that: (a) the Demised Premises then shall be in the same condition as that in which Txxxxx has agreed to surrender the same to Landlord at the Expiration Date; (b) Tenant shall have performed prior to any such termination any obligation of Tenant contained in this Lease for the making of any alteration or for restoring or rebuilding the Demised Premises or the Building, or any part thereof; and (c) for the breach of any covenant of Tenant set forth above in this Section 29.03, Landlord shall be entitled immediately, without notice or other action by Lxxxxxxx, to recover, and Tenant shall pay, as and for liquidated damages therefor, the cost of performing such covenant (as estimated by an independent contractor selected by Landlord). 29.04 In addition to any other remedies Landlord may have under this Lease, and without reducing or adversely affecting any of Landlord’s rights and remedies under this Article 29, if any Rent or damages payable hereunder by Tenant to Landlord are not paid within five (5) days after demand therefor, the same shall bear interest at the rates provided in Section 3.05 hereof.

Damages. In the event of any termination of 25.1. If this Lease is terminated under the provisions of Article 16 hereof 23, or in the event that if Landlord shall re-enter enters the premises Premises under the provisions of Article 17 hereof 24, or in the event of the termination of this Lease (Lease, or of re-entry entry, by or under any summary dispossess or other proceeding or action or any provision of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the then value of the excess, if any, of (1i) the aggregate amount of the fixed rent Fixed Rent and the additional rent under Article 24 hereof Additional Charges which would have been paid hereunder payable by Tenant had this Lease not so terminated(conclusively presuming the average monthly Additional Charges to be the same as were payable for the year (or in the event same were abated for any reason, the amount which would have been payable in the absence of such abatement), or if less than 365 days have then elapsed since the Commencement Date, the partial year, immediately preceding such termination or re-entry) for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for that would have been the expiration of Expiration Date if this Lease had not so terminated or if Landlord had not so re-entered the full term grantedPremises, over (2ii) the aggregate rental value of the premises Premises for the same period, both discounted to their present value at the rate of 8% per annum, or (b) sums equal to the aggregate of the fixed rent Fixed Rent and the additional rent under Article 24 hereof (if any) Additional Charges which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premisesPremises, payable upon the due dates therefor specified herein (as provided in this Lease) following such termination or such re-entry and until the date hereinbefore set for that would have been the expiration of Expiration Date if this Lease had not so terminated or if Landlord had not so re-entered the full term hereby grantedPremises; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of relet the premises for all or any part of Premises during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or of or in re-entering the premises Premises and of in securing possession thereof, as well as the commercially reasonable expenses of re-lettingreletting, including altering and preparing the premises Premises for new tenants, brokers' commissioncommissions, attorneys' fees and disbursements, and all other similar or dissimilar expenses properly chargeable against the premises and the rental therefrom in connection with such re-lettingreasonable expenses, it being understood that any such re-letting reletting may be for a period equal to, less than shorter or longer than what would have been the remaining term unexpired portion of the Term if this Lease; providedLease had not so terminated or if Landlord had not so re-entered the Premises, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) subdivision to a credit in respect of any net rents from a re-letting reletting, except to the extent that such net rents are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Premises or any part thereof should be re-let is relet in combination with other space, then proper apportionment on a per square foot area basis shall be made of the rent received from such re-letting reletting and of the expenses of reletting. If the Premises or any part thereof is relet by Landlord, in an arm's length transaction entered into with a non-affiliate of Landlord, for what would have been the unexpired portion of the Term if this Lease had not so terminated, or if Landlord had not so re-letting. For entered the purposes Premises, before presentation of subparagraph (a) proof of this Article 18such damages to any court, commission or tribunal, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall set forth in any such lease(s) in connection with such reletting shall, prima facie, be deemed to be an amount equal to the amount of such additional rent payable by Tenant fair and reasonable rental value for the applicable period ending immediately preceding Premises, or part thereof, so relet during the term of the reletting. Landlord shall have the right to relet the Premises or any part thereof in Landlord's name or otherwise at such termination of rental or rentals and upon such other terms and conditions, which may include concessions and free rent periods, as Landlord, in its reasonable business judgment, shall determine. Landlord shall not be liable in any way for its failure or refusal to relet the Premises or any part thereof, or if the Premises or any part thereof is relet, for its failure to collect the rent under such reletting, and no such refusal or failure to relet or failure to collect rent shall release or affect Tenant's liability for damages or otherwise under this Lease or such re-entryLease. 25.2. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease Term would have expired if it this Lease had not been so terminated under the provisions of Article 16 hereof, or under any provision of law, or had the Landlord not so re-entered the premisesPremises. Nothing herein contained shall be construed as limiting to limit or precluding the preclude recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder of Tenant hereunder. Nothing herein contained shall be construed to limit or prejudice the right of Landlord to prove for and obtain as damages by reason of the termination of this Lease or re-entry on the part Premises for the default of Tenant under this Lease an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved whether or not such amount is greater than, equal to, or less than any of the sums referred to in Section 25.1. 25.3. In addition, if this Lease is terminated under the provisions of Article 23, or if Landlord re-enters the Premises under the provisions of Article 24, Tenant agrees that: (a) the Premises then shall be in the same condition as that in which Tenant has agreed to surrender the same to Landlord on the Expiration Date, and (b) for the breach of any obligation of Tenant set forth above in this Section, Landlord shall be entitled immediately, without notice or other action by Landlord, to recover, and Tenant shall pay as and for liquidated damages therefor the reasonable cost of performing such obligation (as estimated by an independent contractor selected by Landlord). 25.4. Tenant acknowledges that, to induce Tenant to enter into this Lease, Landlord has incurred significant costs, including some or all of the following: (i) expenditures incurred to prepare the Premises for Tenant's occupancy, including, without limitation, any amounts paid to or on behalf of Tenant by Landlord in respect thereof and (ii) rent abatements or concessions (collectively, the "Inducements"). Tenant further acknowledges that Landlord would not have granted the Inducements to Tenant but for Tenant's agreement to perform all of the terms, covenants, conditions and agreements to be performed by it under this Lease for the entire Term. Accordingly, if an event of default shall occur hereunder and remain uncured beyond any applicable notice and cure periods (an "Event of Default"), Tenant shall pay as liquidated damages for granting the Inducements and not as a penalty, with the next monthly installment of Fixed Rent ensuing after the occurrence of the Event of Default, as Additional Charges, the unamortized portion of those Inducements incurred or granted prior to the date of the Event of Default (the "Pre-Default Inducements"). For the purposes hereof, the unamortized portion of the Pre-Default Inducements shall be the product of (i) the Pre-Default Inducements and (ii) a fraction, the numerator of which shall be the number of months and/or portions thereof from the date of the occurrence of the Event of Default to the Expiration Date, not to exceed the number of months in which Tenant is obligated to pay Rent hereunder without any abatement or concession, and the denominator of which shall be the number of months and/or portions thereof in the Term less the number of months in the Term in which rent concessions and/or abatements are granted to Tenant. Landlord may or, at Tenant's request, shall, after the occurrence of an Event of Default, forward a statement to Tenant setting forth the unamortized portion of the Pre-Default Inducements, but the failure to deliver such a statement shall not be or be deemed to be a waiver of the right to collect the unamortized Pre-Default Inducements or extend the date upon which such obligation shall be due and payable.

Damages. In the event of any termination of 26.01. If this Lease is terminated under the provisions of Article 16 hereof 24, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of Article 17 hereof 25, or in the event of the termination of this Lease (Lease, or of re-entry reentry, by or under unde any summary dispossess or other proceeding or action or of any provision of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay to Landlord as damages, at the election of Landlordlandlord, either: (a) a A sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the then value of the excess, if any, of (1i) the aggregate of the fixed rent and the additional rent under Article 24 hereof payable hereunder which would have been paid hereunder payable by Tenant had this Lease not so terminated, (conclusively presuming the additional rent to be the same as was payable or the year immediately preceding such termination) for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for Expiration Date, had this Lease not so terminated or had Landlord not so reentered the expiration of the full term grantedDemised Premises, over (2ii) the aggregate rental value of the premises Demised Premises for the same period, or (b) sums Sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if anyas above presumed) payable hereunder which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered en ered the premisesDemised Premises, payable upon the due dates therefor specified herein following such termination or such re-re- entry and until the date hereinbefore set for the expiration of the full term hereby granted; Expiration Date, provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of relet the premises for all or any part of Demised Premises during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting, the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or of re-entering or in reentering the premises Demised Premises and of in securing possession thereof, as well as the expenses of re-lettingreletting, including altering and preparing the premises Demised Premises for new tenants, brokers' commissioncommissions, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises Demised Premises and the rental therefrom in connection with such re-letting, therefrom; it being understood that any such re-letting reletting may be for a period equal to, less than shorter or longer than the remaining term of this Lease; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) Subsection to a credit in respect of any net rents from a re-letting reletting, except to the extent that such net rents are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Demised Premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting reletting and of the expenses of re-lettingreletting. For If the purposes Demised Premises or any part thereof to be relet by Landlord for the unexpired portion of subparagraph (a) the term of this Article 18Lease, or any part thereof, before presentation of proof of such damages to any court, commission or tribunal, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall reserved upon such reletting shall, prima facie, be deemed to be an amount equal to the amount of such additional rent payable by Tenant fair and reasonable rental value for the applicable period ending immediately preceding such termination Demised Premises, or part thereof, so relet during the term of this Lease or such re-entrythe reletting. 26.02. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed deeme to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been so terminated under the provisions of Article 16 hereof24, or under any provision of law, or had the Landlord not re-entered the premisesDemised Premises. Nothing herein contained shall be construed as limiting to limit or precluding the preclude recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant. Nothing herein contained shall be construed to limit or prejudice the right of Landlord to seek and obtain as liquidated damages by reason of the termination of this Lease or re-entry on the Demised Premises for the default of Tenant under this Lease, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved whether or not such amount be greater, equal to, or less than any of the sums referred to in Section 26.01. 26.03. In addition to the forego ng and without regard to whether this Lease is terminated, Tenant shall pay to Landlord upon demand, all costs and expenses incurred by Landlord, including reasonable attorney's fees, with respect to any lawsuit instituted or defended or any action taken by Landlord to enforce all or any of the provisions of this Lease.

Damages. In the event of any termination of 29.01. If this Lease is terminated under the provisions of Article 16 hereof 27, or in the event that if Landlord shall re---enter the premises Demised Premises under the provisions of Article 17 hereof 28, or in the event of the termination of this Lease (Lease, or of re-entry entry, by or under any action to obtain possession in a summary dispossess manner or other proceeding or action or any provision of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay an Additional Rent to Landlord as a condition precedent to the dismissal of any action to obtain possession of the Demised Premises or other proceeding or action for damages, at the election of Landlord, either: (a) a A sum at which at the time of such termination of this Lease or at the time of any such re---entry by Landlord, as the case may be, represents the then value present value, calculated utilizing the prime interest rate declared by Chase Bank, N.A. in New York as of the excess, if anydate of default, of (1) the aggregate amount of the fixed rent and the additional rent under Article 24 hereof Rent which would have been paid hereunder payable by Tenant had this Lease not so terminated(conclusively presuming the average monthly Additional Rent to be the same as were the average monthly Additional Rent payable for the year, or if less than 365 days have then elapsed since the Commencement Date, the partial year, immediately preceding such termination or re-entry) for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set Expiration Date plus legal and expert fees and costs for the expiration bringing of any action to enforce this provision. In exercising this remedy, Landlord shall be entitled to accelerate all unpaid Rent and other amounts due hereunder until the full term granted, over (2) the aggregate rental value of the premises for the same period, Expiration Date; or (b) sums Sums equal to the aggregate of the fixed rent Fixed Rent and the additional rent under Article 24 hereof (if any) Additional Rent which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re---entered the premisesDemised Premises, payable upon the due dates therefor specified herein following such termination or such re---entry and until the date hereinbefore set for the expiration of the full term hereby granted; Expiration Date, provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of relet the premises for all or any part of Demised Premises during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or of re-entering or in reentering the premises Demised Premises and of in securing possession thereof, as well as the expenses expense of re-lettingreletting, including including, without limitation, altering and preparing the premises Demised Premises for new tenants, brokers' commissioncommissions, attorneys' fees legal fees, and all other similar or dissimilar expenses properly chargeable against the premises Demised Premises and the rental therefrom in connection with such re-lettingtherefrom, it being understood that any such re-letting reletting may be for a period equal to, less than shorter or longer than the remaining term of this Leaseperiod ending on the Expiration Date; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph subdivision (b) to a credit in respect of any net rents from a re-letting reletting, except to the extent that such net rents are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Demised Premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting reletting and of the expenses of re-lettingreletting. For If the purposes Demised Premises or any part thereof be relet by Landlord before presentation of subparagraph (a) proof of this Article 18such damages to any Court, commission or tribunal, the amount of additional rent which would reserved upon such reletting shall, prima facia, be the fair and reasonable rental value for the Demised Premises, or part thereof, to relet during the term of the reletting. Landlord shall have been payable no obligation to mitigate damages by Tenant reletting the Demised Premises and shall not be liable in any way whatsoever for its failure or refusal to relet the Demised Premises or any part thereof, or if the Demised Premises or any part thereof are relet, for its failure to collect the rent under Article 24 hereof such reletting, and no such failure or refusal to relet or failure to collect the rent shall release or affect Tenant's liability for damages or otherwise under this Lease. Landlord shall be deemed under no obligation in reletting the Demised Premises to be an amount equal give priority to the amount of such additional rent payable by Tenant for leasing thereof over other vacant space in the applicable period ending immediately preceding such termination of this Lease or such re-entryBuilding. 29.02. Suit or suits for the recovery of any such damages, or any installments thereof, may be brought by Landlord at any time and from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease Term would have expired if it had not been so terminated under the provisions of Article 16 hereof, 27 or under any provision of law, or had the Landlord not re-entered the premisesDemised Premises. Nothing herein contained shall be construed as limiting to limit or precluding the preclude recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant. Nothing herein contained shall be construed to limit or prejudice the right of Landlord to prove and/or obtain as damages by reason of the termination of this Lease or re--entry on the Demised Premises for the default of Tenant under this Lease an amount equal to the maximum amount permitted by any statute or rule of law in effect at the time when the governing proceedings have been initiated, whether or not such amount is greater than, equal to, or less than any of the sums referred to in Section 29.01. 29.03. In addition, if this Lease is terminated under the provisions of Article 27, or if Landlord shall re--enter the Demised Premises under the provisions of Article 28, Tenant covenants that: (a) the Demised Premises then shall be in the same condition as that in which Tenant has agreed to surrender the same to Landlord at the Expiration Date; (b) Tenant shall have performed prior to any such termination any obligation of Tenant contained in this Lease for the making of any alteration or for restoring or rebuilding the Demised Premises or the Building, or any part thereof; and (c) for the breach of any covenant of Tenant set forth above in this Section 29.03, Landlord shall be entitled immediately without notice or other action by Landlord, to recover, and Tenant shall pay as and for liquidated damages therefor, the cost of performing such covenant (as estimated by an independent contractor selected by Landlord). 29.04. In addition to any other remedies Landlord may have under this Lease, and without reducing or adversely affecting any of Landlord's rights and remedies under this Article 29, if any Rent or damages payable hereunder by Tenant to Landlord are not paid within five (5) days after notice therefor, the same shall bear interest at the Late Payment Rate pursuant to Section 3.05 from the due date thereof until paid, and the amount(s) of such interest shall be Additional Charges hereunder. 29.05. In addition to any remedies which Landlord may have under this Lease, if there shall be a default hereunder by Tenant which shall not have been remedied within the applicable grace period, Landlord shall not be obligated to furnish to Tenant or the Demised Premises any HVAC services, or any building services; and the discontinuance of any one or more of such services shall be without liability by Landlord to Tenant and shall not reduce, diminish or otherwise affect any of Tenant's covenants and obligations under this Lease.

Damages. In the event of any termination of (i) If this Lease and the Term shall expire and come to an end as provided in Article 17, or by or under the provisions of Article 16 hereof any summary proceeding or in the event that any other action or proceeding, or if Landlord shall re-enter the premises under the provisions of Article 17 hereof or Premises as provided in the event of the termination subsection A of this Lease (Article 18, or of re-entry by or under any summary dispossess or other proceeding or any other action or proceeding, then, in any provision of law), Tenant will pay to Landlord as damages, at the election of Landlord, eithersaid events: (a) a sum at Tenant shall pay to Landlord all Rent, additional rent and other charges payable under this Lease by Tenant to Landlord to the date upon which at this Lease and the time Term shall have expired and come to an end or to the date of re-entry upon the Premises by Landlord, as the case may be; (b) Tenant also shall be liable for and shall pay to Landlord, as damages, any deficiency (referred to as "Deficiency") between the Rent reserved in this Lease for the period which otherwise would have constituted the unexpired portion of the Term and the net amount, if any, of rents collected under any reletting effected pursuant to the provisions of subsection A(i) of this Article 18 for any part of such period (first deducting from the rents collected under any such reletting all of Landlord's expenses in connection with the termination of this Lease, or Landlord's reentry upon the Premises and with such reletting including, but not limited to, all repossession costs, brokerage commissions, advertising, legal expenses, attorneys' fees and disbursements, alteration costs and other expenses of preparing the Premises for such reletting); any such Deficiency shall be paid in monthly installments by Tenant on the days specified in this Lease for payment of installments of 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 subsequent month by a similar proceeding; and (c) whether or not Landlord shall have collected any monthly Deficiencies as aforesaid, Landlord shall be entitled to recover from Tenant, and Tenant shall pay to Landlord, on demand, in lieu of any further Deficiencies as and for liquidated and agreed final damages, a sum equal to the present value (discounted at a rate of six percent (6%) per annum) of the time amount by which the Rent reserved in this Lease for the period which otherwise would have constituted the unexpired portion of the Term exceeds the then fair and reasonable rental value of the Premises for the same period, less the aggregate amount of Deficiencies theretofore collected by Landlord pursuant to the provisions of subsection B(1)(b) of this Article 18 for the same period; if, before presentation of proof of such liquidated damages to any court, commission or tribunal, the Premises, or any part thereof, shall have been relet by Landlord for the period which otherwise would have constituted the unexpired portion of the Term, or any part thereof, the amount of rent reserved upon such reletting shall be deemed, prima facie, to be the fair and reasonable rental value for the part or the whole of the Premises so relet during the term of the reletting. (ii) If the Premises, or any part thereof, shall be relet together with other space in the Building, the rents collected or reserved under any such reletting and the expenses of any such reletting shall be equitably apportioned for the purposes of this subsection B. Tenant shall in no event be entitled to any rents collected or payable under any reletting, whether or not such rents shall exceed the Rent reserved in this Lease. Solely for the purposes of this Article, the term "Rent" as used in subsection B(i) of this Article 18 shall mean the Rent in effect immediately prior to the date upon which this Lease and the Term shall have expired and come to an end, or the date of re-entry upon the Premises by Landlord, as the case may be, represents adjusted to reflect any increase or decrease pursuant to the then value provisions of the excess, if any, of (1) the aggregate of the fixed rent and the additional rent under Article 24 28 hereof which would have been paid hereunder by Tenant had this Lease not so terminated, for the period commencing with Comparison Year (as defined in said Article 28) immediately preceding such earlier termination of this Lease event. Nothing contained in Article 17 or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for the expiration of the full term granted, over (2) the aggregate rental value of the premises for the same period, or (b) sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if any) which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of the premises for all or any part of said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-letting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting the expenses, including attorneys fees, incurred or paid by Landlord in terminating this Lease and/or of re-entering the premises and of securing possession thereof, as well as the expenses of re-letting, including altering and preparing the premises for new tenants, brokers' commission, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises and the rental therefrom in connection with such re-letting, it being understood that any such re-letting may be for a period equal to, less than or longer than the remaining term of this Lease; provided, further, that (i) in no event shall Tenant be entitled to receive any excess or such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) to a credit in respect of any net rents from a re-letting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and (iii) if the premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For the purposes of subparagraph (a) of this Article 18, the amount of additional rent which would have been payable by Tenant under Article 24 hereof 18 shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease limit or such re-entry. Suit or suits for preclude the recovery of such damages, or any installments thereof, may be brought by Landlord from time Tenant of the maximum amount allowed to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been terminated under the provisions of Article 16 hereof, obtained as damages by any statute or under any provision rule of law, or had the Landlord not re-entered the premises. Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages to which, which Landlord may be entitled in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason set forth in subsection B(i) of any default hereunder on the part of Tenant.this

Damages. In the event of any termination of (i) If this Lease and the Term shall expire and come to an end as provided in Article 17, or by or under the provisions of Article 16 hereof any summary proceeding or in the event that any other action or proceeding, or if Landlord shall re-enter the premises under the provisions of Article 17 hereof or Premises as provided in the event of the termination subsection A of this Lease (Article 18, or of re-entry by or under any summary dispossess or other proceeding or any other action or proceeding, then, in any provision of law), Tenant will pay to Landlord as damages, at the election of Landlord, eithersaid events: (a) a sum at which at the time of such termination of Tenant shall pay to Landlord all Rent, additional rent and other charges payable under this Lease by Tenant to Landlord to the date upon which this Lease and the Term shall have expired and come to an end or at to the time date of any such re-entry upon the Premises by Landlord, as the case may be; (b) Tenant also shall be liable for and shall pay to Landlord, represents as damages, any deficiency (referred to as "Deficiency") between the then value Rent reserved in this Lease for the period which otherwise would have constituted the unexpired portion of the excessTerm and the net amount, if any, of rents collected under any reletting effected pursuant to the provisions of subsection A(i) of this Article 18 for any part of such period (1) first deducting from the aggregate rents collected under any such reletting all of Landlord's expenses in connection with the termination of this Lease, or Landlord's reentry upon the Premises and with such reletting including, but not limited to, all repossession costs, brokerage commissions, legal expenses, attorneys' fees and disbursements, alteration costs and other expenses of preparing the Premises for such reletting); any such Deficiency shall be paid in monthly installments by Tenant on the days specified in this Lease for payment of installments of 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 fixed rent Deficiency for any month shall prejudice Landlord's right to collect the Deficiency for any subsequent month by a similar proceeding; and (c) whether or not Landlord shall have collected any monthly Deficiencies as aforesaid, Landlord shall be entitled to recover from Tenant, and Tenant shall pay to Landlord, on demand, in lieu of any further Deficiencies as and for liquidated and agreed final damages, a sum equal to the additional rent under Article 24 hereof amount by which would have been paid hereunder by Tenant had the Rent reserved in this Lease not so terminated, for the period commencing with such earlier termination of this Lease or which otherwise would have constituted the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for the expiration unexpired portion of the full term granted, over (2) Term exceeds the aggregate then fair and reasonable rental value of the premises Premises for the same period, or (b) sums equal less the aggregate amount of Deficiencies theretofore collected by Landlord pursuant to the aggregate provisions of the fixed rent and the additional rent under Article 24 hereof subsection (if any) which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of the premises for all or any part of said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-letting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting the expenses, including attorneys fees, incurred or paid by Landlord in terminating this Lease and/or of re-entering the premises and of securing possession thereof, as well as the expenses of re-letting, including altering and preparing the premises for new tenants, brokers' commission, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises and the rental therefrom in connection with such re-letting, it being understood that any such re-letting may be for a period equal to, less than or longer than the remaining term of this Lease; provided, further, that (i) in no event shall Tenant be entitled to receive any excess or such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) to a credit in respect of any net rents from a re-letting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and (iii) if the premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For the purposes of subparagraph (aB)(1)(b) of this Article 1818 for the same period; if, before presentation of proof of such liquidated damages to any court, commission or tribunal, the Premises, or any part thereof, shall have been relet by Landlord for the period which otherwise would have constituted the unexpired portion of the Term, or any part thereof, the amount of additional rent which would have been payable by Tenant under Article 24 hereof reserved upon such reletting shall be deemed deemed, prima facie, to be an amount equal to the amount of such additional rent payable by Tenant fair and reasonable rental value for the applicable period ending immediately preceding such termination part or the whole of this Lease or such re-entry. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when Premises so relet during the term of this Lease would have expired if it had not been terminated under the provisions of Article 16 hereof, or under any provision of law, or had the Landlord not re-entered the premises. Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenantreletting.

Damages. In the event of any termination of 27.1 If this Lease is terminated under the provisions of Article 16 hereof 25, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of Article 17 hereof 26, or in the event of the termination of this Lease (Lease, or of re-entry entry, by or under any summary dispossess or other proceeding or action or any provision provisions of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents be re resents the then value of the excess, if any, of of (1i) the aggregate of the fixed rent and the additional rent under Article 24 hereof payable hereunder which would have been paid hereunder payable by Tenant had this Lease not so terminated, (conclusively presuming the additional rent to be same as was payable for the year immediately preceding such termination) for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for Expiration Date, had this Lease no so terminated or had Landlord not so re-entered the expiration of the full term grantedDemised Premises, over over (2ii) the aggregate rental value of the premises Demised Premises for the same period, or (b) sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if anyas above presumed) payable hereunder which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premisesDemised Premises, payable upon the due dates date therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; Expiration Date, provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of the premises for all or any part of Demised Premises during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-letting, such net rents which shall be equal to be determined by first deducting from the gross loss rents as and when received by Landlord from such re-letting letting, less the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or of or in re-entering the premises Demised Premises and of in securing possession thereof, as well as the expenses of re-letting, including altering and preparing the premises Demised Premises for new tenants, brokers' commissioncommissions, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises Demised Premises and the rental therefrom in connection with such re-letting, it being understood that any thereof. Any such re-letting may be for a period equal to, less than shorter or longer than the remaining term of this Lease; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event or shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) to a credit in respect of any net rents from a re-letting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and (iii) if the premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For the purposes of subparagraph (a) of this Article 18, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or such re-entry. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been terminated under the provisions of Article 16 hereof, or under any provision of law, or had the Landlord not re-entered the premises. Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant.Subsection 27.1

Damages. A. In the event of any termination of this Lease under the provisions of Article 16 hereof or 19 in the event that Landlord shall re-enter the premises under the provisions of Article 17 hereof 20 or in the event of the termination of this Lease (or of re-entry entry) by or under any summary dispossess or other proceeding or action or any provision of law), Tenant will pay to Landlord as damages, at the election of Landlord, either: (a) 1. a sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the then value of the excess, if any, of (1of(i) the aggregate of the fixed all rent and the additional rent under Article 24 hereof which would have been paid payable hereunder by Tenant had this Lease not so terminated, terminated for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for the expiration of the full term hereby granted, over (2ii) the aggregate rental value of all rent of the premises for the same period, period based upon the then local market rental value of the premises; or (b) 2. sums equal to the aggregate of the fixed all rent and the additional rent under Article 24 hereof (if any) which would have been payable by Tenant had has this Lease not so terminated, or had Landlord not so re-entered the premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of the premises for all or any part of said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-letting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting the expenses, including attorneys fees, reasonable expenses incurred or paid by Landlord in terminating this Lease and/or of re-entering the premises and of securing possession connection thereof, as well as the reasonable expenses of for re-letting, including altering and preparing the premises for new tenants, brokers' commission, attorneys' fees commissions and all other similar or dissimilar expenses properly chargeable against the premises and the rental therefrom in connection with such re-letting, it being understood that any such re-letting may be for a period equal to, less than to or shorter or longer than the remaining term of this Lease; provided, further, that (i) in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph subsection (b2) to a credit in respect of any net rents from a re-letting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and (iii) if the premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For the purposes of subparagraph (a) of this Article 18, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or such re-entry. . B. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been terminated under the provisions of Article 16 hereof19, or under any provision of law, or had the Landlord not re-entered the premises. . C. Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages (including interest on all such amounts at the rate of eighteen (18%) percent per annum) to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant.

Damages. In If Landlord elects to terminate Tenant's right to possession of the event Premises under section 7.1 following an Event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Default, Landlord shall may re-enter and take possession of the premises under Premises, with or without legal process, whether by force or otherwise, and Tenant shell be obligated to pay to Landlord as damage upon demand, and Landlord shall be entitled to recover of and from Tenant (a) all Annual Base "Rent and Additional Rent payable to the provisions date of Article 17 hereof termination of Tenant's right to possession, plus (b) the cost to Landlord of all reasonable legal and other expenses and costs (including attorney's fees) incurred by Landlord in obtaining possession of the Premises, in enforcing any provision of this lease, in preserving the Premises during any period of vacancy, in making any repairs as Landlord may reasonably deem necessary or advisable in operating and maintaining the Premises, and in reletting the Premises, including all reasonable brokerage commissions therefor, plus (c) either (i) in the event of Landlord's giving notice of its intention to re-enter and take possession without terminating this lease, damages (payable in monthly installments, in advance, on the first day of each calendar month following the giving of such notice and continuing until the date originally fixed herein for the expiration of the then current Term of this lease) in amounts equal to the Base Rent and Additional Rent herein reserved, less the net amount of rent, if any, which may be collected and received by Landlord from the Premises for and during the balance of the Term; Landlord may relet the Premises, or any part or parts thereof (but in no event shall Landlord be obligated to do so), for a term or terms which may at Landlord's option be less than or exceed the period constituting the balance of the Term hereof, and Landlord may grant concessions or charge a rental in excess of that provided in this lease (Tenant shall have no right to any excess); or (ii) in the event of Landlord's giving notice of termination of this Lease (or of re-entry by or under any summary dispossess or other proceeding or action or any provision of law)lease, Tenant will pay to Landlord as damagesan award for liquidated damages in an amount which, at the election of Landlord, either: (a) a sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlordtermination, as the case may be, represents the then value of is equal to the excess, if any, of (1) the installments of Base Rent and the aggregate of all sums payable hereunder as Additional Rent (for such purpose considering the fixed rent and annual amount of Additional Rent to equal the additional rent under Article 24 hereof which would amount thereof payable for the 12 months immediately preceding the termination, or the annualized portion of Additional Rent payable from the Commencement Date to the date of the termination if this lease then shall have been paid in effect for less than 12 months) reserved hereunder by Tenant had this Lease not so terminated, for the period commencing with such earlier termination which would otherwise have constituted the unexpired portion of the then current Term of this Lease lease, plus the value of all other considerations to be paid or the date of any performed by Tenant during such re-entry, as the case may be, and ending with the date hereinbefore set for the expiration of the full term grantedperiod, over (2) the aggregate fair rental value of the premises for the same periodPremises, or (b) sums equal to the aggregate as of the fixed rent and the additional rent under Article 24 hereof (if any) which would have been payable by Tenant had this Lease not so terminateddate of such termination, or had Landlord not so re-entered the premises, payable upon the due dates therefor specified herein following for such termination or such re-entry and until the date hereinbefore set for the expiration unexpired portion of the full term hereby granted; providedthen current Term of this lease, however, that if Landlord (Landlord, however, not being obligated said liquidated damage amount to do so) shall re-let all or any part be discounted at the then "generic" prime rate of interest as set forth in the most recently published Wall Street Journal to determine its present value at the time of the premises for all or any part of said period, Landlord shall credit Tenant with award. If the net rents actually received by Landlord from such re-letting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting the expenses, including attorneys fees, incurred or paid by Landlord in terminating this Lease and/or of re-entering the premises and of securing possession thereof, as well as the expenses of re-letting, including altering and preparing the premises for new tenants, brokers' commission, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises and the rental therefrom in connection with such re-letting, it being understood that any such re-letting may be for a period equal to, less than or longer than the remaining term of this Lease; provided, further, that (i) in no event shall Tenant be entitled to receive any excess or such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) to a credit in respect of any net rents from a re-letting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and (iii) if the premises Entire Premises or any part thereof should be re-let in combination with other spacerelet by Landlord for the unexpired Term or any part thereof before presentation of proof of liquidated damages to any court, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For the purposes of subparagraph (a) of this Article 18commission or tribunal, the amount of additional rent which would have been payable by Tenant under Article 24 hereof reserved upon such reletting shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant fair and reasonable rental value for the applicable period ending immediately preceding such termination part or the whole of this Lease or such re-entry. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when Premises so relet during the term of the reletting. Prior to Tenant's full payment of any liquidated damages awarded to Landlord, Tenant shall continue to pay punctually to Landlord all Base Rent and Additional Rent to the same extent and at the same time as if this Lease would have expired if it lease had not been terminated under and receive full credit for such payments against the award for liquidated damages. If Landlord shall elect to re-enter and take possession without terminating this lease, Landlord shall have the right at any time thereafter to terminate this lease for the previous default, whereupon the provisions of Article 16 hereof, or under any provision of law, or had the Landlord not re-entered the premises. Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages this subsection with respect to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant.termination will thereafter apply

Damages. In the event of any termination of 27.01 If this Lease is terminated under the provisions of Article 16 hereof 25, or in the event that if Landlord shall re-enter reenter the premises Demised Premises under the provisions of Article 17 hereof 26 or in the event of the termination of this Lease (Lease, or of re-entry reentry by or under any summary dispossess proceedings, ejectment or other proceeding or by any suitable action or any provision proceeding at law, or by agreement, or by force or otherwise, by reason of law)default hereunder on the part of Tenant, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) on demand, a sum at which at the time of such termination of this Lease or at the time of any such re-entry reentry by Landlord, as the case may be, represents the then value of the excess, if any, excess of (1i) the aggregate of the fixed rent and the additional rent under Article 24 hereof payable hereunder which would have been paid hereunder payable by Tenant had this Lease not so terminated, (conclusively presuming the additional rent to be the same as was payable for the year immediately preceding such termination) for the period commencing with such earlier termination of this Lease or the date of any such re-entryreentry, as the case may be, and ending with the date hereinbefore set for Expiration Date, had this Lease not so terminated or had Landlord not so reentered the expiration of the full term grantedDemised Premises, over (2ii) the aggregate rental value (calculated as of the premises date of such termination or reentry) of the Demised Premises for the same period, ; or (b) sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if anyas above presumed) payable hereunder which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered reentered the premisesDemised Premises, payable quarterly, in advance, but otherwise upon the due dates terms therefor specified herein following such termination or such re-entry reentry and until the date hereinbefore set for the expiration of the full term hereby granted; Expiration Date, provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all relet the Demised Premises or any part of the premises for all portion or any part of portions thereof during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this the Lease and/or of re-entering or in reentering the premises Demised Premises and of in securing possession thereof, as well as the expenses of re-lettingreletting, including altering and preparing the premises Demised Premises or any portion or portions thereof for new tenants, brokers' commissioncommissions, attorneys' fees advertising expenses, and all other similar or dissimilar expenses properly chargeable against the premises Demised Premises and the rental therefrom in connection with such re-letting, therefrom; it being understood that any such re-letting reletting may be for a period equal to, less than shorter or longer than the remaining term of this Lease; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) subsection to a credit in respect of any net rents from a re-letting reletting, except to the extent that such net rents are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Demised Premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting reletting and of the expenses of re-lettingreletting, and Landlord shall have the right to grant reasonable rent concessions to attract one or more new tenants and to permit the term of any new lease covering part or all of the Demised Premises to be for a shorter or longer period than provided for herein. For If the purposes Demised Premises or any part thereof be relet by Landlord for the unexpired portion of subparagraph (a) the term of this Article 18Lease, or any part thereof, before presentation of proof of such damages to any court, commission or tribunal, the amount of additional rent which would have been payable by reserved upon such reletting shall, prima facie, be the fair and reasonable rental value for the Demised Premises, or part thereof, so relet during the term of the reletting. Landlord, however, shall in no event and in no way be responsible or liable for any failure to relet the Demised Premises or any part thereof or for failure to collect any rent due upon any such reletting. 27.02 In the event Landlord elects to collect damages from Tenant under Article 24 hereof Section 27.01(b) at any time subsequent to such election and upon ten days prior written notice to Tenant, Landlord may elect to collect a lump sum under Section 27.01(a), crediting Tenant with amounts theretofore received by Landlord as damages. Landlord shall be deemed have no obligation to be an amount equal relet part or all of the Demised Premises subsequent to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this the Lease or such re-entry. and upon Tenant's default. 27.03 Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been so terminated under the provisions of Article 16 hereof25, or under any provision of law, or had the Landlord not re-entered reentered the premisesDemised Premises. Nothing herein contained shall be construed as limiting to limit or precluding the preclude recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder or otherwise on the part of Tenant. Nothing herein contained shall be construed to limit or prejudice the right of the Landlord to provide for and obtain as liquidated damages by reason of the termination of this Lease or reentry on the Demised Premises for the default of Tenant under this Lease, an amount equal to the maximum allowed by any statute or rule of law in effect at the time, and governing the proceedings in which such damages are to be proved whether or not such amount be greater, equal to, or less than any of the sums referred to in Section 27.01. 27.04 The foregoing Sections of this Article shall apply even if the default by Tenant has occurred prior to the Commencement Date and/or prior to Tenant taking possession of the Demised Premises. The parties acknowledge that this instrument is a lease and not a contract to make a lease.

Damages. In the event of any termination of (i) If this Lease and the Term shall expire and come to an end as provided in Article 17, or by or under the provisions of Article 16 hereof any summary proceeding or in the event that any other action or proceeding, or if Landlord shall re-enter the premises under the provisions of Article 17 hereof or Premises as provided in the event of the termination subsection A of this Lease (Article 18, or of re-entry by or under any summary dispossess or other proceeding or any other action or proceeding, then, in any provision of law), Tenant will pay to Landlord as damages, at the election of Landlord, eithersaid events: (a) a sum at which at the time of such termination of Tenant shall pay to Landlord all Rent, additional rent and other charges payable under this Lease by Tenant to Landlord to the date upon which this Lease and the Term shall have expired and come to an end or at to the time date of any such re-entry upon the Premises by Landlord, as the case may be; (b) Tenant also shall be liable for and shall pay to Landlord, represents as damages, any deficiency (referred to as "Deficiency") between the then value Rent reserved in this Lease for the period which otherwise would have constituted the unexpired portion of the excessTerm and the net amount, if any, of rents collected under any reletting effected pursuant to the provisions of subsection (1A)(i) of this Article 18 for any part of such period (first deducting from the aggregate rents collected under any such reletting all of Landlord's reasonable expenses in connection with the termination of this Lease, or Landlord's reentry upon the Premises and with such reletting including, but not limited to, all repossession costs, brokerage commissions, advertising, legal expenses, attorneys' fees and disbursements, alteration costs and other expenses of preparing the Premises for such reletting); any such Deficiency shall be paid in monthly installments by Tenant on the days specified in this Lease for payment of installments of 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 fixed rent Deficiency for any month shall prejudice Landlord's right to collect the Deficiency for any subsequent month by a similar proceeding; and (c) whether or not Landlord shall have collected any monthly Deficiencies as aforesaid, Landlord shall be entitled to recover from Tenant, and Tenant shall pay to Landlord, on demand, in lieu of any further Deficiencies as and for liquidated and agreed final damages, a sum equal to the additional rent under Article 24 hereof amount by which would have been paid hereunder by Tenant had the Rent reserved in this Lease not so terminated, for the period commencing with such earlier termination of this Lease or which otherwise would have constituted the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for the expiration unexpired portion of the full term granted, over (2) Term exceeds the aggregate then fair and reasonable rental value of the premises Premises for the same period, or (b) sums equal less the aggregate amount of Deficiencies theretofore collected by Landlord pursuant to the aggregate provisions of the fixed rent and the additional rent under Article 24 hereof (if any) which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of the premises for all or any part of said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-letting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting the expenses, including attorneys fees, incurred or paid by Landlord in terminating this Lease and/or of re-entering the premises and of securing possession thereof, as well as the expenses of re-letting, including altering and preparing the premises for new tenants, brokers' commission, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises and the rental therefrom in connection with such re-letting, it being understood that any such re-letting may be for a period equal to, less than or longer than the remaining term of this Lease; provided, further, that (i) in no event shall Tenant be entitled to receive any excess or such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) to a credit in respect of any net rents from a re-letting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and (iii) if the premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting and of the expenses of re-letting. For the purposes of subparagraph (asubsection B(l)(b) of this Article 1818 for the same period; if, before presentation of proof of such liquidated damages to any court, commission or tribunal, the Premises, or any part thereof, shall have been relet by Landlord for the period which otherwise would have constituted the unexpired portion of the Term, or any part thereof, the amount of additional rent which would have been payable by Tenant under Article 24 hereof reserved upon such reletting shall be deemed deemed, prima facie, to be an amount equal to the amount of such additional rent payable by Tenant fair and reasonable rental value for the applicable period ending immediately preceding such termination part or the whole of this Lease or such re-entry. Suit or suits for the recovery Premises so relet during the term of such damagesthe reletting. (ii) If the Premises, or any installments part thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until relet together with other space in the date when Building, the term of this Lease would have expired if it had not been terminated under the provisions of Article 16 hereof, rents collected or reserved under any provision of law, or had such reletting and the Landlord not re-entered the premises. Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant expenses of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant.such reletting

Damages. In the event of any termination of 27.01 If this Lease is terminated under the provisions of Article 16 hereof 25, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of Article 17 hereof 26, or in the event of the termination of this Lease (Lease, or of re-entry entry, by or under any summary dispossess or other proceeding or action or any provision of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the then value of the excess, if any, of of: (1i) the aggregate of the fixed rent and the additional rent under Article 24 hereof payable hereunder which would have been paid hereunder payable by Tenant had this Lease not so terminated, (conclusively presuming the additional rent to be the same as was payable for the year immediately preceding such termination) for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for Expiration Date, had this lease not so terminated or had Landlord not so re-entered the expiration of the full term granted, over Demised Premises; over (2ii) the aggregate rental value of the premises Demised Premises for the same period, ; or (b) sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if anyas above presumed) payable hereunder which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premisesDemised Premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; Expiration Date, provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of relet the premises for all or any part of Demised Premises during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or of or in re-entering the premises Demised Premises and of in securing possession thereof, as well as the expenses of re-lettingreletting, including altering and preparing the premises Demised Premises for new tenantsTenants, brokers' commissioncommissions, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises Demised Premises and the rental therefrom in connection with such re-letting, therefrom; it being understood that any such re-letting reletting may be for a period equal to, less than shorter or longer than the remaining term of this Lease; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) Subsection to a credit in respect of any net rents from a re-letting reletting, except to the extent that such net rents are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Demised Premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot area basis (for equivalent space) shall be made of the rent received from such re-letting reletting and of the expenses of re-lettingreletting. For If the purposes Demised Premises or any part thereof be relet by Landlord for the unexpired portion of subparagraph (a) the term of this Article 18Lease, or any part thereof, before presentation of proof of such damages to any court, commission or tribunal, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall reserved upon such reletting shall, prima facie, be deemed to be an amount equal to the amount of such additional rent payable by Tenant fair and reasonable rental value for the applicable period ending immediately preceding such termination Demised Premises, or part thereof, so relet during the term of this Lease or such re-entry. the reletting. 27.02 Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been so terminated under the provisions of Article 16 hereof25, or under any provision of law, or had the Landlord not re-entered the premisesDemised Premises. Nothing herein contained shall be construed as limiting to limit or precluding the preclude recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant. Nothing herein contained shall be construed to limit or prejudice the right of Landlord to prove for and obtain as liquidated damages by reason of the termination of this Lease or re-entry on the Demised Premises for the default of Tenant under this Lease, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved whether or not such amount be greater, equal to, or less than any of the sums referred to in Section 27.01.

Damages. In the event of any termination of 27.01 If this Lease lease is terminated under the provisions of Article 16 hereof 25, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of Article 17 hereof 26, or in the event of the termination of this Lease (lease, or of re-entry entry, by or under any summary dispossess or other proceeding or action or any provision of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which at the time of such termination of this Lease lease or at the time of any such re-entry by of Landlord, as the case may be, represents the present value (discounted to the then value prime rate) of the excess, if any, of of (1) the aggregate of the fixed rent and the additional rent under Article 24 hereof payable hereunder which would have been paid hereunder payable by Tenant had this Lease not so terminated, (conclusively presuming the additional rent to be the same as was payable for the year immediately preceding such termination) for the period commencing with such earlier termination of this Lease lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for Initial Term Expiration Date, had this lease not so terminated or had Landlord not so re-entered the expiration of the full term grantedDemised Premises, over over (2) the aggregate rental value of the premises Demised Premises for the same period, or (b) sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if anyas above presumed) payable hereunder which would have been payable by Tenant had this Lease lease not so terminated, terminated or had Landlord not so re-entered the premisesDemised Premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; Initial Term Expiration Date, provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of relet the premises for all or any part of Demised Premises during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-letting, reletting such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting the expenses, including attorneys fees, reletting any and all expenses incurred or paid by Landlord in terminating this Lease and/or of lease or in re-entering the premises Demised Premises and of in securing possession thereof, as well as the expenses of re-lettingreletting allocable to the balance of the Initial Term, including altering and preparing the premises Demised Premises for new tenants, brokers' commissioncommissions, attorneys' counsel fees and all other similar or dissimilar expenses properly chargeable against the premises Demised Premises and the rental therefrom in connection with such re-letting, therefrom; it being understood that any such re-letting reletting may be for a period equal to, less than shorter or longer than the remaining term of this Leaselease; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) Subsection to a credit in respect of any net rents from a re-letting reletting, except to the extent that such net rents are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Demised Premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot area basis (for equivalent space) shall be made of the rent received from such re-letting reletting and of the expenses of re-lettingreletting. For If the purposes Demised Premises or any part thereof be relet by Landlord for the unexpired portion of subparagraph (a) the term of this Article 18lease, or any part thereof, before presentation of proof of such damages to any court, commission or tribunal, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall reserved upon such releting shall, prima facie, be deemed to be an amount equal to the amount of such additional rent payable by Tenant fair and reasonable rental value for the applicable period ending immediately preceding such termination Demised Premises, or part thereof, so relet during the term of this Lease or such re-entry. the reletting. 27.02 Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease lease would have expired if it had not been so terminated under the provisions of Article 16 hereof25, or under any provision of law, or had the Landlord not re-entered the premisesDemised Premises. Nothing herein contained shall be construed as limiting to limit or precluding the preclude recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant. Nothing herein contained shall be construed to limit or prejudice the right of Landlord to prove for and obtain as liquidated damages by reason of the termination of this lease or re-entry on the Demised Premises for the default of Tenant under this lease, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved whether or not such amount be greater, equal to, or less than any of the sums referred to in Section 27.01 and/or Section 27.02.

Damages. In the event of any a termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of Article 17 hereof or in the event of the termination of this Lease (or of re-entry by or under any summary dispossess or other proceeding or action or any provision of law)Lease, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which which, at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may betermination, represents the then present value (employing a discount rate equal to the then current rate of United States Treasury Bills or Notes, as applicable, maturing on the Expiration Date or the next maturity date for such bills or notes occurring after the Expiration Date) of the excess, if any, any of (1i) the aggregate of the fixed rent Base Rent and the additional rent under Article 24 hereof Additional Rent which would have been paid payable hereunder by Tenant Tenant, had this Lease not so terminated, for the period commencing with such earlier termination of this Lease or the day following the date of any such re-entry, as the case may be, termination and ending with the date hereinbefore set for the expiration of the full term granted, Expiration Date over (2ii) the aggregate fair rental value of the premises Premises for the same periodperiod (for the purposes of this subsection (a), the amount of Additional Rent which would have been payable by Tenant under Article 4 shall, for each calendar year ending after such termination, be deemed to be an amount equal to the amount of Tenant’s Operating Payment and Tenant’s Tax Payment payable by Tenant for the calendar year and Tax Year, respectively, immediately preceding the calendar year in which such termination shall occur) increased in each succeeding year by three percent (3%), on a compounded basis, or (b) sums equal to the aggregate of the fixed rent and the additional rent under Article 24 hereof (if any) Gross Rent which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby grantedExpiration Date; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let relet all or any part of the premises Premises for all or any part of said periodthe period commencing on the day following the date of such termination and ending on the Expiration Date, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or of and re-entering the premises Premises and of securing possession thereof, as well as the expenses of re-lettingreletting, including altering and preparing the premises Premises for new tenants, brokers' commission’ commissions, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the premises Premises and the rental therefrom in connection with such re-lettingreletting, it being understood that any such re-letting reletting may be for a period equal to, less than to or shorter or longer than said period and that Landlord shall have no obligation to so relet the remaining term of this LeasePremises; provided, further, provided further that (i) in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event shall Tenant be entitled entitled, in any suit for the collection of damages pursuant to this subparagraph subsection (b) ), to a credit in respect of any net rents from a re-letting reletting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suitLandlord, and (iii) if the premises Premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot rentable area basis shall be made of the rent received from such re-letting reletting and of the expenses of re-letting. For the purposes of subparagraph (a) of this Article 18, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or such re-entryreletting. Suit or suits for the recovery of such damagesany damages payable hereunder by Tenant, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease Term would have expired if it had not been terminated under the provisions of Article 16 hereof, or under any provision of law, or had the Landlord not re-entered the premises. Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenantbut for such termination.

Damages. In the event of any termination of 24.01. If this Lease is terminated under the provisions of Article 16 hereof 22 hereof, or in the event that if Landlord shall re-enter reenter the premises Premises under the provisions of Article 17 hereof 23 hereof, or in the event of the termination of this Lease (Lease, or of re-entry reentry, by or under any summary dispossess or other proceeding or action or any provision of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) a sum at which at the time of such termination of this Lease or at the time of any such re-entry reentry by Landlord, as the case may be, represents the then value of the excess, if anyany (assuming a discount at a rate per annum equal to 2% per annum in excess of the interest rate then applicable to Federal Treasury Bonds having a maturity closest to the Expiration Date), of (1i) the aggregate amount of the fixed rent Fixed Rent and the additional rent Additional Charges under Article 24 3 hereof which would have been paid hereunder payable by Tenant had this Lease not so terminated(conclusively presuming the average monthly Additional Charges under Article 3 hereof to be the same as were payable for the last 12 calendar months, or if less than 12 calendar months have then elapsed since the Commencement Date, all of the calendar months immediately preceding such termination or reentry) for the period commencing with such earlier termination of this Lease or the date of any such re-entryreentry, as the case may be, and ending with the date hereinbefore set for contemplated as the expiration of date hereof if this Lease had not so terminated or if Landlord had not so reentered the full term grantedPremises, over (2ii) the aggregate fair market rental value of the premises Premises for the same period, oror 106 (b) sums equal to the aggregate of the fixed rent Fixed Rent and the additional rent Additional Charges under Article 24 3 hereof (if any) which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered reentered the premisesPremises, payable upon the due dates therefor specified herein following such termination or such re-entry reentry and until the date hereinbefore set for contemplated as the expiration of date hereof if this Lease had not so terminated or if Landlord had not so reentered the full term hereby granted; Premises, provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of relet the premises for all or any part of Premises during said period, Landlord shall credit Tenant Tenant, with the net rents actually received by Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or of re-entering or in reentering the premises Premises and of in securing possession thereof, as well as the expenses of re-lettingreletting, including including, without limitation, altering and preparing the premises Premises for new tenants, brokers' commissioncommissions, attorneys' fees reasonable legal fees, and all other similar or dissimilar expenses properly chargeable against the premises Premises and the rental therefrom in connection with such re-lettingtherefrom, it being understood that any such re-letting reletting may be for a period equal to, less than shorter or longer than the remaining term of this Lease; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) subdivision to a credit in respect of any net rents from a re-letting reletting, except to the extent that such net rents are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Premises or any part thereof should be re-let in combination with other space, then proper apportionment on a square foot area basis shall be made relet by Landlord for the unexpired portion of the rent received from such re-letting and of the expenses of re-letting. For the purposes of subparagraph (a) term of this Article 18Lease, or any part thereof, before presentation of proof of such damages to any court, commission or tribunal, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall reserved upon such reletting shall, prima facie, be deemed to be an amount equal to the amount of such additional rent payable by Tenant fair and reasonable rental value for the applicable period ending immediately preceding Premises, or part thereof, so relet during the term of the reletting. Landlord shall not be liable in any way whatsoever for its failure or refusal to relet the Premises or any part thereof, or if the Premises or any part thereof are relet, for its failure to collect the rent under such termination of reletting, and no such refusal or failure to relet or failure to collect rent shall release or affect Tenant's liability for damages or otherwise under this Lease or such re-entryLease. 24.02. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been so terminated under the provisions of Article 16 22 hereof, or under any provision of law, or had the Landlord not re-entered reentered the premisesPremises. Nothing herein contained shall be construed as limiting to limit or precluding the preclude recovery by Landlord against Tenant Tenant, of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant; provided, however, that Tenant shall not be liable for any consequential damages. Nothing herein contained shall be construed to limit or prejudice the 107 right of Landlord to prove for and obtain as damages by reason of the termination of this Lease or reentry on the Premises for the default of Tenant under this Lease an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved whether or not such amount be greater than any of the sums referred to in Section 24.01 hereof. 24.03. In addition, if this Lease is terminated under the provisions of Article 22 hereof, or if Landlord shall, reenter the Premises under the provisions of Article 23 hereof, Tenant agrees that: (a) the Premises then shall be in the condition in which Tenant has agreed to surrender the same to Landlord at the expiration of the term hereof; (b) Tenant shall have performed prior to any such termination any covenant of Tenant contained in this Lease for the making of any Alterations or for restoring or rebuilding the Premises or any part thereof; and (c) for the breach of any covenant of Tenant set forth above in this Section 24.03, Landlord shall be entitled immediately, without notice or other action by Landlord, to recover, and Tenant shall pay, as and for liquidated damages therefor, the cost of performing such covenant (as estimated by an independent contractor selected by Landlord). 24.04. In addition to any other remedies Landlord may have under this Lease, and without reducing or adversely affecting any of Landlord's rights and remedies under Article 22, if any Fixed Rent, Additional Charges or damages payable hereunder by Tenant to Landlord are not paid within seven (7) days after the due date thereof, the same shall bear interest at the Interest Rate from the due date thereof until paid, and the amount of such interest shall be an Additional Charge hereunder. For the purposes of this Section 24.04, a rent xxxx sent by first class mail, to the address to which notices are to be given under this Lease, shall be deemed a proper demand for the payment of the amounts set forth therein.

Damages. In the event of any termination of If this Lease lease is terminated under the provisions of Article 16 hereof Section 6.03, or in the event that if Landlord shall re-enter enters the demised premises under the provisions of Article 17 hereof or in the event of the termination of this Lease (or of re-entry by or under any summary dispossess or other proceeding or action or any provision of law)Section 6.04, Tenant will shall pay to Landlord as damages, at the election of Landlord, either: (a) all Rent and other amounts due to Landlord and unpaid as of the date of termination or re-entry, plus, a sum at which which, at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may beentry, represents the then value (using a discount rate equal to the Base Rate minus one percent (1%)) of the excess, if any, of of: (1) the aggregate of the fixed rent and the additional rent under Article 24 hereof which Rent which, had this lease not terminated, would have been paid payable hereunder by Tenant had this Lease (and not so terminated, paid under Subsection (b) below) for the period commencing with such earlier termination of this Lease or on the day following the date of any such termination or re-entry, as entry to and including the case may be, and ending with the date hereinbefore set for the expiration of the full term granted, Expiration Date; over (2) the aggregate fair rental value of the demised premises for the same period, or as reasonably determined by Landlord (bfor the purposes of this clause (a) sums equal to the aggregate amount of the fixed rent and the additional rent under Article 24 hereof (if any) Additional Rent which would have been payable by Tenant under Sections 2.04 and 2.05 shall, for each calendar year ending after such termination or re-entry, be deemed to be an amount equal to 105% of the amount of such Additional Rent payable by Tenant for the calendar year immediately preceding the calendar year in which such termination or re-entry shall occur in the case of the first such calendar year and the immediately prior calendar year in the case of each succeeding calendar year); or (b) all Rent and other amounts due to Landlord and unpaid as of the date of termination or re-entry, plus, sums equal to the Rent that would have been payable by Tenant through and including the Expiration Date had this Lease lease not so terminated, terminated or had Landlord not so re-entered the demised premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby grantedin this lease; provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let relet all or any part of the demised premises for all or any part of said periodthe period commencing on the day following the date of such termination or re-entry to and including the Expiration Date, either alone or with other premises (all of which Landlord may do in its sole and absolute discretion) Landlord shall credit Tenant with the net rents actually received by Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or lease and of re-entering the demised premises and of securing possession thereof, as well as the expenses of re-lettingreletting, including including, without limitation, altering and preparing the demised premises for new tenants, brokers' commission’ commissions, attorneys' fees and all other similar or dissimilar expenses properly chargeable against the demised premises and the rental therefrom in connection with such re-lettingreletting, it being understood that any such re-letting reletting may be for a period equal to, less than to or shorter or longer than the remaining term of this Leasesaid period; provided, further, that that: (i) in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, under this lease; (ii) in no event shall Tenant be entitled entitled, in any suit for the collection of damages pursuant to this subparagraph (b) Section 6.05(b), to a credit in respect of any net rents from a re-letting reletting except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit, and ; (iii) if the demised premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot rentable area basis shall be made of the rent received from such re-letting reletting and of the expenses of re-letting. For reletting; and (iv) Landlord shall have no obligation to so relet the purposes of subparagraph (a) of this Article 18demised premises and Tenant hereby waives any right Tenant may have, at law or in equity, to require Landlord to so relet the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall be deemed to be an amount equal to the amount of such additional rent payable by Tenant for the applicable period ending immediately preceding such termination of this Lease or such re-entrydemised premises. Suit or suits for the recovery of such damagesany damages payable hereunder by Tenant, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease Term would have expired if it had not been terminated under the provisions of Article 16 hereof, but for such termination or under any provision of law, or had the Landlord not re-entered the premisesentry. Nothing herein contained shall be construed as limiting or precluding the recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully bring suit under Subsection (a) above at any time, and suits brought under Subsection (b) above shall not be entitled by reason deemed a waiver of any default hereunder on the part of TenantLandlord’s right to subsequently bring suit under Subsection (a) above.

Damages. In the event of any termination of 22.01 If this Lease is terminated under the provisions of Article 16 hereof 20, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of Article 17 hereof 21 or in the event of the termination of this Lease (Lease, or of re-entry by or under any summary dispossess or other proceeding or action or any provision reason of law)default hereunder on the part of Tenant, Tenant will shall pay to Landlord as damages, at the election of Landlord, either:, (a) on demand, a sum at which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the then value of the excess, if any, excess of (1) the aggregate of the fixed rent Base Rent and the additional rent under Article 24 hereof Additional Rent payable hereunder which would have been paid hereunder payable by Tenant had this Lease not so terminated, (conclusively presuming the Additional Rent to be the same as was payable for the year immediately preceding such termination) for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for the expiration of the full term grantedTerm, had this Lease not so terminated or had Landlord not so re-entered the Demised Premises, over (2) the aggregate rental value (calculated as of the premises date of such termination or re-entry) of the Demised Premises for the same period, or, (b) sums equal to the aggregate of the fixed rent Base Rent and the additional rent under Article 24 hereof Additional Rent (if anyas above presumed) payable hereunder which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premisesDemised Premises, payable quarterly but otherwise upon the due dates terms therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; Term, provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all relet the Demised Premises or any part of the premises for all portion or any part of portions thereof during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or of or in re-entering the premises Demised Premises and of in securing possession thereof, as well as the expenses of re-lettingreletting, including altering and preparing the premises Demised Premises or any portion or portions thereof for new tenantsTenants, brokers' commissionbrokers commissions, advertising expenses, attorneys, fees' fees and all other similar or dissimilar expenses properly chargeable against the premises Demised Premises and the rental therefrom in connection with such re-letting, therefrom; it being understood that any such re-letting reletting may be for a period equal to, less than shorter or longer than the remaining term Term of this Lease; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (b) Subsection to a credit in respect of any net rents from a re-letting reletting, except to the extent that such net rents are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Demised Premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting reletting and of the expenses of re-lettingreletting. For If the purposes Demised Premises or any part thereof be relet by Landlord for the unexpired portion of subparagraph (a) the Term, or any part thereof, before presentation of this Article 18proof of such damages to any court, commission, or tribunal, the amount of additional rent which would have been payable by Tenant under Article 24 hereof shall reserved upon such reletting shall, prima facie, be deemed to be an amount equal to the amount of such additional rent payable by Tenant fair and reasonable rental value for the applicable period ending immediately preceding Demised Premises, or part thereof, so relet during the term of the reletting. Landlord however shall in no event and in no way be responsible or liable for any failure to relet the Demised Premises or any part thereof or for failure to collect any rent due upon any such termination of this Lease or such re-entry. reletting. 22.02 Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease Term would have expired if it had not been so terminated under the provisions of Article 16 hereof20, or under any provision of law, or had the had, Landlord not re-entered the premisesDemised Premises. Nothing herein contained shall be construed as limiting to limit or precluding the preclude recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder or otherwise on the part of Tenant. Nothing herein contained shall be construed to limit or prejudice the right of the Landlord to prove for and obtain as liquidated damages by reason of the termination of this Lease or re-entry on the Demised Premises for the default of Tenant under this Lease, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved whether or not such amount be greater, equal to, or less than any of the sums referred to in Section 22.01. 22.03 Anything in this Lease to the contrary notwithstanding, if Tenant shall at any time be in default hereunder, and if Landlord shall institute an action or summary proceeding against Tenant based upon such default, or if such default results from non-payment of Base Rent or Additional Rent whether or not such an action or proceeding is instituted, or if Tenant requests Landlord to review or execute documents (including, without limitation, any sublease or occupancy documents) in connection with this Lease, or otherwise if it is reasonably prudent for Landlord to contact counsel, then Tenant shall reimburse Landlord, as Additional Rent, for the expense of attorneys' fees and disbursements thereby incurred by Landlord.

Damages. In the event of any termination of 29.01. If this Lease is terminated under the provisions of Article 16 hereof 27, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of Article 17 hereof 28, or in the event of the termination of this Lease (Lease, or of re-entry entry, by or under any summary dispossess or other proceeding or action or any provision of law)law by reason of default hereunder on the part of Tenant, Tenant will shall pay as Additional Charges to Landlord as damagesLandlord, at the election of Landlord, eithereither or any combination of: (a) a sum at which at the time of such termination of this Lease or at the time of any such re-entry reentry by Landlord, as the case may be, represents the then value of the excess, if any, of (1i) the aggregate amount of the fixed rent and the additional rent under Article 24 hereof Rent which would have been paid hereunder payable by Tenant had this Lease not so terminated(conclusively presuming the average monthly Additional Charges to be the same as were the average monthly Additional Charges payable for the year, or if less than 365 days have then elapsed since the Commencement Date, the partial year, immediately preceding such termination or re-entry) for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinbefore set for the expiration of the full term grantedExpiration Date, over (2ii) the aggregate rental value of the premises Demised Premises for the same period, or (b) sums equal to the aggregate of the fixed rent Fixed Rent and the additional rent under Article 24 hereof (if any) Additional Charges which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the premisesDemised Premises, payable upon the due dates therefor specified herein following such termination or such re-entry and until the date hereinbefore set for the expiration of the full term hereby granted; Expiration Date, provided, however, that if Landlord (Landlord, however, not being obligated to do so) shall re-let all or any part of relet the premises for all or any part of Demised Premises during said period, Landlord shall credit Tenant with the net rents actually received by Landlord from such re-lettingreletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such re-letting reletting the expenses, including attorneys fees, expenses incurred or paid by Landlord in terminating this Lease and/or of or in re-entering the premises Demised Premises and of in securing possession thereof, as well as the expenses of re-lettingreletting, including including, without limitation, altering and preparing the premises Demised Premises for new tenants, brokers' commissioncommissions, attorneys' fees legal fees, and all other similar or dissimilar expenses properly chargeable against the premises Demised Premises and the rental therefrom in connection with such re-lettingtherefrom, it being understood that any such re-letting reletting may be for a period equal to, less than shorter or longer than the remaining term of this Leaseperiod ending on the Expiration Date; provided, further, that (i) but in no event shall Tenant be entitled to receive any excess or of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph subsection (b) to a credit in respect of any net rents from a re-letting reletting, except to the extent that such net rents are actually received by Landlord prior to Landlord. If the commencement of such suit, and (iii) if the premises Demised Premises or any part thereof should be re-let relet in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such re-letting reletting and of the expenses of re-letting. For reletting; or (c) a sum which at the purposes time of subparagraph (a) such termination of this Article 18Lease or at the time of any such reentry by Landlord, as the case may be, represents the aggregate amount of additional rent the Rent which would have been payable by Tenant under Article 24 hereof shall be deemed (conclusively presuming the average monthly Additional Charges to be an amount equal to the amount of such additional rent same as were the average monthly Additional Charges payable by Tenant for the applicable period ending year, or if less than 365 days have then elapsed since the Commencement Date, the partial year, immediately preceding such termination or re-entry) for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the Expiration Date; provided, however, that if Landlord shall relet the Demised Premises during said period, Landlord shall credit Tenant with the net rents received by Landlord from such reletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such reletting the expenses incurred or paid by Landlord in terminating this Lease or in re-entering the Demised Premises and in securing possession thereof as well as the expenses of reletting, including, without limitation, altering and preparing the Demised Premises for new tenants, brokers' commissions, legal fees, and all other expenses properly chargeable against the Demised Premises and the rental therefrom, it being understood that any such reletting may be for a period shorter or longer than the period ending on the Expiration Date; but in no event shall Landlord have to account to Tenant for any rents in excess of the total damages recovered by Landlord hereunder, nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subdivision (c) to a credit in respect of any rents from a reletting, except to the extent that such net rents are actually received by Landlord. If the Demised Premises or any part thereof should be relet in combination with other space, then proper apportionment on a square foot basis shall be made of the rent received from such reletting and of the expenses of reletting. If the Demised Premises or any part thereof be relet by Landlord before presentation of proof of such damages to any court, commission or tribunal, the amount of rent reserved upon such reletting shall, prima facie, be the fair and reasonable rental value for the Demised Premises, or part thereof, so relet during the term of the reletting. Landlord shall not be liable in any way whatsoever for its failure or refusal to relet the Demised Premises or any part thereof, or if the Demised Premises or any part thereof are relet, for its failure to collect the rent under such reletting, and no such refusal or failure to relet or failure to collect rent shall release or affect Tenant's liability for damages or otherwise under this Lease. 29.02. Suit or suits for the recovery of such damagesdamages or, or any installments thereof, may be brought by Landlord at any time and from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease Term would have expired if it had not been so terminated under the provisions of Article 16 hereof27, or under any provision of law, or had the Landlord not re-entered the premisesDemised Premises. Nothing herein contained shall be construed as limiting to limit or precluding the preclude recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder on the part of Tenant. Nothing herein contained shall be construed to limit or prejudice the right of Landlord to prove for and obtain as damages by reason of the termination of this Lease or re-entry of the Demised Premises for the default of Tenant under this Lease, an amount equal to the maximum allowed by any statute or rule of law in effect at the time, whether or not such amount be greater than, equal to, or less than any of the sums referred to in Section 29.01. 29.03. In addition, if this Lease is terminated under the provisions of Article 27, or if Landlord shall re-enter the Demised Premises under the provisions of Article 28, Tenant covenants that: (a) the Demised Premises then shall be in the same condition as that in which Tenant has agreed to surrender the same to Landlord at the Expiration Date; (b) Tenant shall have performed prior to any such termination any obligation of Tenant contained in this Lease for the making of any alteration or for restoring or rebuilding the Demised Premises or the Building, or any part thereof; and (c) for the breach of any covenant of Tenant set forth above in this Section 29.03, Landlord shall be entitled immediately, without notice or other action by Landlord, to recover, and Tenant shall pay, as and for liquidated damages therefor, the cost of performing such covenant (as estimated by an independent contractor selected by Landlord). 29.04. In addition to any other remedies Landlord may have under this Lease, and without reducing or adversely affecting any of Landlord's rights and remedies under this Article 29, if any Rent or damages payable hereunder by Tenant to Landlord are not paid within five (5) business days of demand therefor, the same shall bear interest at the Late Payment Rate or the maximum rate permitted by law, whichever is less, from the due date thereof until paid, and the amounts of such interest shall be Additional Charges hereunder. 29.05. In addition to any remedies which Landlord may have under this Lease, if there shall be a default hereunder by Tenant which shall not have been remedied within the applicable grace period, Landlord shall not be obligated to furnish to Tenant or the Demised Premises any HVAC services outside of Business Hours or Business Days, or any extra or additional cleaning services; and the discontinuance of any one or more such services shall be without liability by Landlord to Tenant and shall not reduce, diminish or otherwise affect any of Tenant's covenants and obligations under this Lease.