Common use of Landlord's Rights and Remedies Clause in Contracts

Landlord's Rights and Remedies. If a Default occurs, Landlord shall have the rights and remedies hereinafter set forth, which shall be distinct, separate and cumulative and shall not operate to exclude or deprive Landlord of any other right or remedy allowed it at law or in equity: (i) Landlord may terminate this Lease, in which event the Term of this Lease shall end, and all right, title and interest of Tenant hereunder shall expire; (ii) Landlord may terminate the right of Tenant to possession of the Premises without terminating this Lease, whereupon the right of Tenant to possession of the Premises or any part thereof shall cease; and (iii) Landlord may enforce the provisions of this Lease and may enforce and protect the rights of Landlord hereunder by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, and for the enforcement of any other appropriate legal or equitable remedy, including without limitation distraint for rent, injunctive relief, recovery of all money due or to become due from Tenant under any of the provisions of this Lease and recovery of damages incurred by Landlord by reason of the Default. (iv) Landlord may cure or correct such Default or take steps to perform any covenant, agreement, condition or provisions of this Lease, and all costs and expenses incurred by Landlord in so doing (including reasonable attorneys’ fees) shall be paid by Tenant to Landlord as additional rent upon demand plus interest at the Default Rate (defined in Section 28(i)) from the date of expenditure. Landlord’s proceeding under the rights reserved to Landlord under this Section 19(b)(iv) shall not in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of that or any other Default. Notwithstanding anything to the contrary herein contained, Landlord shall not be required to serve Tenant with any notices or demands as a prerequisite to its exercise of any of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. Tenant expressly waives the service of any statutory demand or notice which is a prerequisite to Landlord’s commencement of eviction proceedings against Tenant, including the demands and notices specified in 735 ILCS §§5/9-209 and 5/9-210.

Landlord's Rights and Remedies. If a Default occursIn the event of any default, Landlord shall have may at any time thereafter, with thirty (30) day written notice or demand and without limiting Landlord in the rights and remedies hereinafter set forth, which shall be distinct, separate and cumulative and shall not operate to exclude or deprive Landlord exercise of any other right or remedy allowed it at law or in equitywhich Landlord may have by reason of default: (i1) Landlord may terminate Terminate this Lease. (2) Without terminating this Lease, in which event the Term of this Lease shall end, and all right, title and interest of Tenant hereunder shall expire; (ii) Landlord may terminate the Xxxxxx's right of Tenant to possession of the Premises without terminating this LeaseLeased Premises, whereupon the right of Tenant to enter upon and take possession of the Leased Premises or any part thereof shall cease; and (iii) Landlord may enforce and rent the provisions of this Lease and may enforce and protect the rights of Landlord hereunder by Leased Premises for a suit or suits in equity or at law reasonable rental for the specific performance account of Tenant, and after paying from rents collected the reasonable costs of such entry, reletting and collection and the costs of any covenant or agreement contained hereinnecessary repairs made by Landlord which Tenant is obligated to make hereunder, apply the remainder of the rent collected to the amounts due and for the enforcement of any other appropriate legal or equitable remedy, including without limitation distraint for rent, injunctive relief, recovery of all money due or to become due from Tenant hereunder; (3) Pursue any other remedy now or hereafter available to Landlord under any this Lease or under the laws of the provisions state of North Carolina. All rights and remedies of Landlord pursuant to this Section shall be cumulative, and may be exercised singly, successively or, if appropriate, concurrently. In the event Landlord terminates this Lease or terminates Tenant's right to possession of the Leased Premises, then Tenant shall surrender possession of the Premises to Landlord, and recovery Landlord shall have the full and free right to enter into and upon the Rented Space with or without process of damages law, to repossess the Rented Space, to expel or remove the Tenant and any others who may be occupying or be within the Rented Space, to remove any and all property from the Rented Space and to the [sic] change the locks on the Rented Space, without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer. In any event of default by Xxxxxx, Landlord shall be entitled to recover from Tenant all damage incurred by Landlord by reason of Tenant's default, including but not limited to: any unpaid rent; the Default. (iv) Landlord may cure or correct such Default or take steps to perform any covenantcost of recovering possession of the Premises, agreementincluding reasonable attorney's fees; expenses of reletting, condition or provisions including necessary renovation and alteration of this Leasethe Premises, reasonable attorney's fees, and all costs any real estate commission actually paid; any loss of future rental; and expenses incurred a pro rata portion of any leasing commission paid by Landlord in so doing (based on the number of days of any period for which a commission was paid that remain after the date of Tenant's default. Any rent unpaid when due, including reasonable attorneys’ fees) shall be paid by Tenant to Landlord as additional rent not paid upon demand plus demand, shall bear interest at the Default Rate (defined in Section 28(i)) from the date due at the rate of expenditure. Landlord’s proceeding under the rights reserved to Landlord under this Section 19(b)(ivtwelve percent (12.00%) shall not in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of that or any other Default. Notwithstanding anything to the contrary herein contained, Landlord shall not be required to serve Tenant with any notices or demands as a prerequisite to its exercise of any of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. Tenant expressly waives the service of any statutory demand or notice which is a prerequisite to Landlord’s commencement of eviction proceedings against Tenant, including the demands and notices specified in 735 ILCS §§5/9-209 and 5/9-210per annum.

Landlord's Rights and Remedies. If a Default occurs, Landlord shall have the following rights and remedies hereinafter set forthremedies, which shall be distinct, separate and cumulative cumulative, and which may be exercised by Landlord concurrently or consecutively in any combination and which shall not operate to exclude or deprive Landlord of any other right or remedy allowed it at law hereunder or in equityby operation of law: (i) A. Landlord may terminate this LeaseLease by giving to Tenant notice of Landlord's intention so to do, in which event the Lease Term of this Lease shall end, and all right, title and interest of Tenant hereunder shall expire, on the date stated in such notice, and the Landlord may accelerate and declare immediately due and payable, the whole or any part of the Rent and other charges, payments, costs, and expenses herein agreed to be paid by Tenant for the entire unexpired balance of the term of this Lease; (ii) B. Landlord may terminate the right of Tenant to possession of the Premises without terminating this LeaseLease by giving notice to Tenant that Tenant's right of possession shall end on the date stated in such notice, whereupon the right of Tenant to possession of the Premises or any part thereof shall cease; andcease on the date stated in such notice, but Tenant's obligations under this Lease shall continue in full force and effect. Any funds from rerental of the Premises will be credited against Tenant's obligations under the Lease. (iii) C. Landlord may enforce the provisions of this Lease and may enforce and protect the rights of Landlord hereunder by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, and or for the enforcement of any other appropriate legal or equitable remedy, including without limitation distraint for rent, injunctive relief, relief and recovery of all money monies due or to become due from Tenant under any of the provisions of this Lease and recovery of damages incurred by Landlord by reason of the DefaultLease. (iv) Landlord may cure or correct such Default or take steps to perform any covenant, agreement, condition or provisions of this Lease, and all costs and expenses incurred by Landlord in so doing (including reasonable attorneys’ fees) shall be paid by Tenant to Landlord as additional rent upon demand plus interest at the Default Rate (defined in Section 28(i)) from the date of expenditure. Landlord’s proceeding under the rights reserved to Landlord under this Section 19(b)(iv) shall not in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of that or any other Default. Notwithstanding anything to the contrary herein contained, Landlord shall not be required to serve Tenant with any notices or demands as a prerequisite to its exercise of any of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. Tenant expressly waives the service of any statutory demand or notice which is a prerequisite to Landlord’s commencement of eviction proceedings against Tenant, including the demands and notices specified in 735 ILCS §§5/9-209 and 5/9-210.

Landlord's Rights and Remedies. If a Default occursA. In the case of such default or defaults described in Section 15.1 above, then Landlord, besides other rights or remedies Landlord may have, shall have the immediate rights of re-entry onto the property to remove all persons and remedies hereinafter set forthproperty from the Premises; and such property may be removed and stored in a public warehouse or elsewhere at the cost of, which shall be distinctand for the account of, separate and cumulative and shall not operate Tenant. B. Should Landlord elect to exclude re-enter, as herein provided, or deprive should Landlord of take possession pursuant to legal proceedings or pursuant to any other right or remedy allowed it at law or in equity: (i) notice provided for by law, Landlord may either terminate this LeaseLease or may from time to time, in which event the Term of this Lease shall end, and all right, title and interest of Tenant hereunder shall expire; (ii) Landlord may terminate the right of Tenant to possession of the Premises without terminating this Lease, whereupon the right of Tenant to possession of re-let the Premises or any part thereof shall cease; and for such term or terms (iii) Landlord which may enforce be for a term extending beyond the provisions of this Lease and may enforce and protect the rights of Landlord hereunder by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, and for the enforcement of any other appropriate legal or equitable remedy, including without limitation distraint for rent, injunctive relief, recovery of all money due or to become due from Tenant under any of the provisions of this Lease and recovery of damages incurred by Landlord by reason of the Default. (iv) Landlord may cure or correct such Default or take steps to perform any covenant, agreement, condition or provisions Term of this Lease) and at such rent or rents and upon such other terms and conditions as Landlord in its sole discretion may deem advisable, with the right to make alterations and repairs to said Premises. C. Upon such re-letting: (I) Tenant shall be immediately liable to pay to Landlord, in addition to any indebtedness other than rent due hereunder, the cost and expenses of such re-letting and of such alteration and repair, incurred by Xxxxxxxx, and all the amount, if any, by which the rent reserved in this Lease for the period of such re-letting (up to but not beyond the Term of this Lease) exceeds the amount agreed to be paid as rent for the Premises for such period of such re-letting; or (II) At the option of Landlord, rents received by Landlord from such re-letting shall be applied as follows: first, to the payment of any indebtedness, other than rent, due hereunder from Tenant to Landlord; second, to the payment of any costs and expenses incurred by Landlord in so doing (including reasonable attorneys’ fees) of such re-letting and of such alterations and repairs; third, to the payment of rent due and unpaid hereunder and the residue, if any, shall be paid held by Tenant Xxxxxxxx and applied in payment of future rent as the same may become due and payable hereunder. If Xxxxxx has been credited with any rent to Landlord as additional be received by such re-letting and such rent upon demand plus interest at the Default Rate (defined in Section 28(i)) from the date of expenditure. Landlord’s proceeding under the rights reserved to Landlord under this Section 19(b)(iv) shall not in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of that or any other Default. Notwithstanding anything to the contrary herein contained, Landlord shall not be required promptly paid to serve Landlord by the new tenant, or if such rents received from re-letting during any month shall be less than that to be paid during the month by Tenant with hereunder, Tenant shall pay any notices or demands as a prerequisite to its exercise of any of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. Tenant expressly waives the service of any statutory demand or notice which is a prerequisite such deficiency to Landlord’s commencement of eviction proceedings against Tenant, including the demands . Such deficiency shall be calculated and notices specified in 735 ILCS §§5/9-209 and 5/9-210paid monthly.

Landlord's Rights and Remedies. If a Default occursUpon the happening and continuance of any Event of Default, Landlord beyond applicable notice or cure periods, Landlord, at its option, shall have the following rights and remedies hereinafter set forthin addition to any rights provided by applicable law, all of which shall be distinct, separate and cumulative and shall not operate to exclude or deprive Landlord of any other right or remedy allowed it at law or in equitycumulative: (ia) Landlord may terminate this Lease, in which event the Term of this Lease shall end, and all right, title and interest Perform any covenant or obligation of Tenant hereunder shall expire;and charge the reasonable cost of the cure as Additional Rent due and payable with the next installment or installments of the Base Rent due. (iib) Landlord may terminate the right of Tenant to Retake possession of the Demised Premises without terminating this Lease, whereupon through summary dispossess proceedings or such other means as permitted by law and relet the right of Tenant to possession of the Demised Premises or any part thereof shall cease; and to a third party. If the Landlord relets the Demised Premises (iiieither for a term greater than, less than or equal to the unexpired portion of the ten-current Term) for an aggregate rent during the portion of such new lease which is less than the Base Rent and other charges which Tenant would pay hereunder for such period, Landlord may enforce immediately upon the provisions making of this Lease such new lease, xxx for and may enforce and protect recover the rights of Landlord hereunder by a suit or suits difference between the aggregate rental provided for in equity or at law said new lease for the specific performance of any covenant or agreement contained herein, and for the enforcement of any other appropriate legal or equitable remedy, including without limitation distraint for rent, injunctive relief, recovery of all money due or to become due from Tenant under any balance of the provisions of this Lease and recovery of damages incurred by Landlord by reason of term coextensive with the Default. (iv) Landlord may cure or correct such Default or take steps to perform any covenant, agreement, condition or provisions current term of this Lease, and all the Base Rent which Tenant would pay hereunder for such period, together with any reasonable, actual out-of-pocket costs and expenses incurred to which Landlord may be put for brokerage commissions, placing the Demised Premises in tenantable condition, and other related charges or expenses accrued prior to the new lease or otherwise. In the event Landlord does not collect the entire amount of the aggregate rental provided for in such new lease, Landlord may xxx for and recover the difference between the amount of such aggregate rental actually collected and the Base Rent which Tenant would pay hereunder. If such new lease or tenancy is made for a shorter term than the balance of the current Term of this Lease or for a greater rental, any such action brought by Landlord in so doing (including reasonable attorneys’ fees) shall be paid by Tenant to Landlord as additional rent upon demand plus interest at collect the Default Rate (defined in Section 28(i)) from the date of expenditure. Landlord’s proceeding under the rights reserved to Landlord under this Section 19(b)(iv) deficit for that period shall not in bar Landlord from thereafter suing for any way prejudice loss accruing during the balance of the unexpired term whether or waive not due to expiration or termination of the new lease. (c) Give a notice of termination of this Lease for any rights as material non-monetary default (regardless of whether Landlord might otherwise prior to the giving of such notice shall have against Tenant by reason of that accepted rent or any other Defaultpayment, however designated, for the use and occupancy of the Demised Premises from or on behalf of Tenant or from any other person) to Tenant specifying such Event or Events of Default and stating that this Lease and the Lease Term shall expire and terminate on the date specified in such notice, which date shall be at least forty-five (45) days after the giving of such notice during which time Tenant shall have the right to cure or, if the default cannot be reasonably cured during such period, to commence the curative process and to diligently pursue such cure thereafter. Notwithstanding anything Subject to the contrary herein containedforegoing, in the event such notice is given and cure is not commenced, this Lease and the Lease Term and all rights of Tenant under this Lease shall expire and terminate upon the date specified in such notice with the same effects as if the date specified in such notice were the date originally set forth in this Lease for the expiration of the Term, but Tenant shall remain liable as provided in this Section 20.2. (d) Landlord's failure to insist on the strict performance of and compliance with each condition in this Lease shall neither constitute nor be construed as constituting a waiver by Landlord of Landlord's rights under this Article 20 or under applicable law, nor constitute nor be construed as consisting of a waiver by Landlord of a second or subsequent default by Tenant of the same condition. Acceptance of past due Base Rent, Additional Rent or other sums due shall in no way act as a waiver of Tenant's default nor prevent Landlord from proceeding as above stated. In the event litigation is commenced, it shall not be required necessary for Landlord to serve notify Tenant with any notices or demands as a prerequisite to its exercise of any additional occurrences of default prior to proceeding as permitted. (e) No such expiration or termination of this Lease shall relieve Tenant of its rights liability and obligation to pay the Base Rent and Additional Rent theretofore accrued or remedies under this Leasethereafter accruing, other than those notices and demands specifically required under this Lease. Tenant expressly waives the service of such liability and obligation shall survive any statutory demand such expiration or notice which is a prerequisite to Landlord’s commencement of eviction proceedings against Tenant, including the demands and notices specified in 735 ILCS §§5/9-209 and 5/9-210termination.

Landlord's Rights and Remedies. If Should Tenant fail to cure within the time periods specified in Section 14.2 any default specified in subparagraph (a), (b) or (c) of Section 14.1, or fail to quit the Premises in accordance with subparagraph (c) of Section 14.2 with respect to any default specified in subparagraph (d) of Section 14.1, Landlord may exercise any of the following rights without further notice or demand of any kind to Tenant or any other person, except as required by applicable State law: (a) The right of Landlord to terminate this Lease and Tenant's right to possession of the Premises and to reenter the Premises, take possession thereof and remove all persons therefrom, following which Tenant shall have no further claim thereon or hereunder; (b) The right of Landlord, without terminating this Lease and Tenant's right to possession of the Premises, to reenter the Premises and occupy the whole or any part thereof for and on account of Tenant and to collect any unpaid rentals and other charges, which have become payable, or which may thereafter become payable; or (c) The right of Landlord, even though it may have reentered the Premises, in accordance with subparagraph (b) of this Section 14.3, to elect thereafter to terminate this Lease and Tenant's right to possession of the Premises. Should Landlord have reentered the Premises under the provisions of subparagraph (b) of this Section 14.3, Landlord shall not be deemed to have terminated this Lease, the liability of Tenant to pay rental or other charges thereafter accruing, or Tenant's liability for damages under any of the provisions hereof, by any such reentry or by any action, in unlawful detainer or otherwise, to obtain possession of the Premises, unless Landlord shall have notified Tenant in writing that it has so elected to terminate this Lease and Tenant's right to possession. Tenant further covenants that the service by Landlord of any notice pursuant to the unlawful detainer statutes of the State where the Property is located and the surrender of possession pursuant to such notice shall not (unless Landlord elects to the contrary at the time of, or at any time subsequent to, the serving of such notice and such election is evidenced by a Default occurswritten notice to Tenant) be deemed to be a termination of this Lease. In the event of any reentry or taking possession of the Premises as aforesaid, Landlord shall have the right, but not the obligation, to remove therefrom all or any part of the merchandise, Fixtures or Personal Property located therein and to place the same in storage at a public warehouse at the expense and risk of Tenant. The rights and remedies hereinafter set forth, which given to Landlord in this Section 14.3 shall be distinct, separate additional and cumulative and shall not operate supplemental to exclude or deprive Landlord of any all other right or remedy allowed it at law or in equity: (i) Landlord may terminate this Lease, in which event the Term of this Lease shall end, and all right, title and interest of Tenant hereunder shall expire; (ii) Landlord may terminate the right of Tenant to possession of the Premises without terminating this Lease, whereupon the right of Tenant to possession of the Premises or any part thereof shall cease; and (iii) Landlord may enforce the provisions of this Lease and may enforce and protect the rights of Landlord hereunder by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, and for the enforcement of any other appropriate legal or equitable remedy, including without limitation distraint for rent, injunctive relief, recovery of all money due or to become due from Tenant under any of the provisions of this Lease and recovery of damages incurred by Landlord by reason of the Default. (iv) Landlord may cure or correct such Default or take steps to perform any covenant, agreement, condition or provisions of this Lease, and all costs and expenses incurred by Landlord in so doing (including reasonable attorneys’ fees) shall be paid by Tenant to Landlord as additional rent upon demand plus interest at the Default Rate (defined in Section 28(i)) from the date of expenditure. Landlord’s proceeding under the rights reserved to Landlord under this Section 19(b)(iv) shall not in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of that or any other Default. Notwithstanding anything to the contrary herein contained, Landlord shall not be required to serve Tenant with any notices or demands as a prerequisite to its exercise of any of its rights or remedies which Landlord may have under this Lease, other than those notices and demands specifically required under this Lease. Tenant expressly waives laws in force when the service of any statutory demand or notice which is a prerequisite to Landlord’s commencement of eviction proceedings against Tenant, including the demands and notices specified in 735 ILCS §§5/9-209 and 5/9-210default occurs.

Landlord's Rights and Remedies. If a Default occurs, Landlord shall have the rights and remedies provided by Indiana law and those hereinafter set forth, which shall be distinct, separate and cumulative and shall not operate to exclude or deprive Landlord of any other right or remedy allowed it at law or in equity: (i) . Landlord may terminate this LeaseLease by giving to Tenant written notice of Landlord's election to do so, in which event the Term of this Lease (but not any other provision of this Lease) shall end, and all right, title and interest of Tenant hereunder shall expire; (ii) or Landlord may terminate the right of Tenant to possession of the Premises Property without terminating this Lease, whereupon the right of Tenant Lease by giving written notice to possession of the Premises or any part thereof shall cease; and (iii) Tenant. Landlord may enforce the provisions of this Lease and may enforce and protect the rights of Landlord hereunder by a suit or suits in equity or at law law; and Landlord shall be entitled to recover from Tenant all the Rent for the specific performance Term, as well as all other additional sums payable by Tenant, or for which Tenant is liable or in respect of any covenant or agreement contained herein, and for the enforcement of any other appropriate legal or equitable remedy, including without limitation distraint for rent, injunctive relief, recovery of all money due or which Tenant has agreed to become due from Tenant indemnify Landlord under any of the provisions of this Lease and recovery of damages incurred by Landlord by reason of the Default. (iv) Landlord may cure or correct such Default or take steps to perform any covenant, agreement, condition or provisions of this Lease, and all costs and expenses, including without limitation court costs and reasonable attorneys' fees and expenses incurred by Landlord in so doing (the enforcement of its rights and remedies hereunder, without relief from valuation and appraisement laws, including reasonable attorneys’ fees) such sums thereafter accruing. Solely at the option of Landlord, Landlord may declare the entire Rent for the Term immediately due and payable by acceleration thereof, and as liquidated damages Tenant shall be paid obligated to pay and Landlord shall be entitled to recover an amount equal to the aggregate unpaid Base Rent, for the balance of the Term. Landlord may, but shall be under no obligation (except as may be required by Tenant law), to Landlord as additional rent relet the Property or any part thereof for such rent, for such time (which may be for a term less than or extending beyond the Term of this Lease) and upon demand plus interest at the Default Rate (defined in Section 28(i)) from the date of expenditure. Landlord’s proceeding under the rights reserved to Landlord under this Section 19(b)(iv) shall not in any way prejudice or waive any rights such terms as Landlord might otherwise have against Tenant by reason of that or any other Default. Notwithstanding anything to the contrary herein containedin Landlord's sole discretion shall determine, and Landlord shall not be required to serve accept any tenant offered by Tenant with or to observe any notices instructions given by Tenant relative to such reletting. Also, in any such case, Landlord may make repairs, alterations and additions in or demands as a prerequisite to its exercise the Property and redecorate the same to the extent deemed by Landlord reasonably necessary or desirable. Landlord may collect the rents from any such reletting and shall apply the same first to the payment of any the expenses of its rights or remedies under this Leasereentry, other than those notices redecoration, repair, alterations and demands specifically required under this Lease. Tenant expressly waives reletting and second to the service payment of any statutory demand or notice which is a prerequisite Rent herein provided to Landlord’s commencement of eviction proceedings against be paid by Tenant, including and any excess or residue shall operate only as an offsetting credit against the demands amount of Rent, if any, due and notices specified in 735 ILCS §§5/9-209 owing or as the same thereafter becomes due and 5/9-210payable hereunder.

Landlord's Rights and Remedies. If a Default occurs, Landlord shall have the rights and remedies hereinafter set forth, which shall be distinct, separate and cumulative and shall not operate to exclude or deprive Landlord of any other right or remedy allowed it at law or in equity: (i) By written notice to Tenant, Landlord may terminate this Lease, in which event the Term of this Lease shall end, and all right, title and interest of Tenant hereunder shall expire, on the date stated in such notice; (ii) By written notice to Tenant, Landlord may terminate the right of Tenant to possession of the Premises without terminating this Lease, whereupon the right of Tenant to possession of the Premises or any part thereof shall cease; andcease on the date stated in such notice; (iii) Landlord may enforce the provisions of this Lease and may enforce and protect the rights of Landlord hereunder by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, and for the enforcement of any other appropriate legal or equitable remedy, including without limitation distraint for rent, injunctive relief, recovery of all money due or to become due from Tenant under any of the provisions of this Lease and recovery of damages incurred by Landlord by reason of the Default.; and (iv) Landlord may cure or correct such Default or take steps to perform any covenant, agreement, condition or provisions of this Leaselease, and all costs and expenses reasonably incurred by Landlord in so doing (including reasonable attorneys’ fees) shall be paid by Tenant to Landlord as additional rent upon demand plus interest at the Default Rate (defined in Section 28(i)) from the date of expenditure. Landlord’s proceeding under the rights reserved to Landlord under this Section 19(b)(iv) shall not in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of that or any other Default. Notwithstanding anything Upon any Default of Tenant under this Section 19, to the contrary herein containedextent Landlord is seeking damages against Tenant as a result thereof, then Landlord shall be required to use reasonable efforts to mitigate its damages generally, as and to the extent required by applicable Law; provided, however, Landlord shall not be required deemed to serve Tenant have failed to mitigate if Landlord leases any other premises in the Project before reletting all or any portion of the Premises. Any failure by Landlord to mitigate with respect to any notices or demands as a prerequisite period of time shall only reduce Rent and any other amount to its exercise of any of its rights or remedies which Landlord is entitled under this Lease, other than those notices and demands specifically required under this Lease. Tenant expressly waives Lease by the service reasonable value of any statutory demand or notice which is a prerequisite to Landlord’s commencement of eviction proceedings against Tenant, including the demands and notices specified in 735 ILCS §§5/9-209 and 5/9-210Premises during such period.

Landlord's Rights and Remedies. If X. Xx the event of a Default occurs, Landlord shall have the rights and remedies hereinafter set forth, which shall be distinct, separate and cumulative and shall not operate default by TENANT in addition to exclude or deprive Landlord of any other right or remedy allowed it remedies available to LANDLORD at law or in equity:, including injunction, at LANDLORD’S option, without further notice or demand of any kind to TENANT or any other person (i) Landlord LANDLORD may terminate this Lease, in which event declare the Term of this Lease shall endLEASE TERM hereof ended and reenter the UNIT and take possession thereof and remove all persons there from, and all right, title and interest of Tenant hereunder TENANT shall expire;have no further claim thereon or hereunder; or (ii) Landlord LANDLORD has the remedy described in California Civil Code Section 1951.4 (LANDLORD may terminate continue the LEASE in effect after TENANT’S breach and abandonment and recover rent as it becomes due, if TENANT has the right of Tenant to possession of the Premises without terminating this Leasesublet or assign, whereupon the right of Tenant subject only to possession of the Premises or any part thereof shall ceasereasonable limitations); andor (iii) Landlord Even though LANDLORD may enforce have reentered the UNIT, LANDLORD may thereafter elect to terminate this LEASE and all of the rights of TENANT in or to the UNIT. B. Should LANDLORD have reentered the UNIT under the provisions of this Lease and may enforce and protect Section 37, LANDLORD shall not be deemed to have terminated this LEASE or the rights liability of Landlord hereunder by a suit TENANT to pay any rent or suits in equity or at law for the specific performance of any covenant or agreement contained hereinother charges thereafter accruing, and for the enforcement of any other appropriate legal or equitable remedy, including without limitation distraint for rent, injunctive relief, recovery of all money due or to become due from Tenant have terminated TENANT’S liability for damages under any of the provisions of this Lease and recovery of damages incurred hereof, by Landlord any such reentry or by reason any action, in unlawful detainer or otherwise, to obtain possession of the Default. (iv) Landlord may cure or correct such Default or take steps UNIT, unless LANDLORD shall have notified TENANT in writing that it has so elected to perform any covenant, agreement, condition or provisions of terminate this LeaseLEASE, and all costs TENANT further covenants that the service by LANDLORD of any notice pursuant to the unlawful detainer statutes of the State of California and expenses incurred by Landlord in so doing (including reasonable attorneys’ fees) shall be paid by Tenant the surrender of possession pursuant to Landlord as additional rent upon demand plus interest at the Default Rate (defined in Section 28(i)) from the date of expenditure. Landlord’s proceeding under the rights reserved to Landlord under this Section 19(b)(iv) such notice shall not in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of that or any other Default. Notwithstanding anything (unless LANDLORD elects to the contrary herein contained, Landlord shall not at the time of or at any time subsequent to the serving of such notice and such election is evidenced by a written notice to TENANT) be required deemed to serve Tenant with any notices or demands as be a prerequisite to its exercise termination of this LEASE. In the event of any entry or taking possession of its rights or remedies under this Leasethe UNIT as aforesaid, other than those notices and demands specifically required under this Lease. Tenant expressly waives LANDLORD shall have the service of any statutory demand or notice which is a prerequisite time to Landlord’s commencement of eviction proceedings against Tenant, including the demands and notices specified in 735 ILCS §§5/9-209 and 5/9-210time by applicable California Law.

Landlord's Rights and Remedies. If Should Tenant fail to cure within the time periods specified in Section 16.2 any default specified in subparagraph (a), (b) or (c) of Section 16.1, or fail to quit the Premises in accordance with subparagraph (d) of Section 16.2 with respect to any default specified in subparagraph (d) of Section 16.1, Landlord may exercise any of the following rights without further notice or demand of any kind to Tenant or any other person, except as required by applicable state law: (a) The right of Landlord to terminate the Lease and Tenant's right to possession of the Premises and to reenter the Premises, take possession thereof and remove all persons therefrom, following which Tenant shall have no further claim thereon or hereunder; (b) The right of Landlord, without terminating the Lease and Tenant's right to possession of the Premises, to reenter the Premises and occupy the whole or any part thereof for and on account of Tenant and to collect any unpaid Rent which have become payable, or which may thereafter become payable; or (c) The right of Landlord, even though it may have reentered the Premises, in accordance with subparagraph (b) of this Section, to elect thereafter to terminate the Lease and Tenant's right to possession of the Premises. Should Landlord have reentered the Premises under the provisions of subparagraph (b) of this Section, Landlord shall not be deemed to have terminated the Lease or have accepted a Default occurssurrender thereof by any such reentry, unless Landlord shall have notified Tenant in writing that it has so elected to terminate the Lease and Tenant's right to possession. Tenant further covenants that the service by Landlord of any notice pursuant to the unlawful detainer or eviction statutes of the state where the Shopping Center is located and the surrender of possession pursuant to such notice shall not (unless Landlord elects to the contrary at the time of, or at any time subsequent to, the serving of such notice and such election is evidenced by a written notice to Tenant) be deemed to be a termination of the Lease. In the event of any reentry or taking possession of the Premises as aforesaid, Landlord shall have the right, but not the obligation, to remove therefrom all or any part of the merchandise, Improvements or Personal Property located therein and to place the same in storage at a public warehouse at the expense and risk of Tenant. The rights and remedies hereinafter set forth, which given to Landlord in this Section shall be distinctadditional and supplemental to all other rights or remedies which Landlord may have under laws in force when the default occurs. Landlord agrees that in the event Tenant defaults under the Lease and thereafter vacates the Premises, separate Landlord shall use its reasonable efforts to re-lease the Premises and cumulative and mitigate monetary damages arising out of Tenant's default or breach of this Lease. Nothing herein, however, shall not operate to exclude or deprive prohibit Landlord of from leasing any other right vacant premises before leasing the Premises hereunder, or remedy allowed it at law or in equity: (i) Landlord may terminate this Lease, in which event from using its business judgment respecting the Term of this Lease shall end, and all right, title and interest of Tenant hereunder shall expire; (ii) Landlord may terminate the right of Tenant to possession leasing of the Premises without terminating this Lease, whereupon the right of Tenant to possession of the Premises or any part thereof shall cease; and (iii) Landlord may enforce the provisions of this Lease and may enforce and protect the rights of Landlord hereunder by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, and for the enforcement of any other appropriate legal or equitable remedy, including without limitation distraint for rent, injunctive relief, recovery of all money due or to become due from Tenant under any of the provisions of this Lease and recovery of damages incurred by Landlord by reason of the Defaulthereunder. (iv) Landlord may cure or correct such Default or take steps to perform any covenant, agreement, condition or provisions of this Lease, and all costs and expenses incurred by Landlord in so doing (including reasonable attorneys’ fees) shall be paid by Tenant to Landlord as additional rent upon demand plus interest at the Default Rate (defined in Section 28(i)) from the date of expenditure. Landlord’s proceeding under the rights reserved to Landlord under this Section 19(b)(iv) shall not in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of that or any other Default. Notwithstanding anything to the contrary herein contained, Landlord shall not be required to serve Tenant with any notices or demands as a prerequisite to its exercise of any of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. Tenant expressly waives the service of any statutory demand or notice which is a prerequisite to Landlord’s commencement of eviction proceedings against Tenant, including the demands and notices specified in 735 ILCS §§5/9-209 and 5/9-210.

Landlord's Rights and Remedies. If Should Tenant fail to cure within the time periods specified in Section 16.2 any default specified in subparagraph (a), (b) or (c) of Section 16.1, or fail to quit the Premises in accordance with subparagraph (d) of Section 16.2 with respect to any default specified in subparagraph (d) of Section 16.1, Landlord may exercise any of the following rights without further notice or demand of any kind to Tenant or any other person, except as required by applicable state law: (a) The right of Landlord to terminate this Lease and Tenant's right to possession of the Premises and to reenter the Premises, take possession thereof and remove all persons therefrom, following which Tenant shall have no further claim thereon or hereunder; (b) The right of Landlord, without terminating this Lease and Tenant's right to possession of the Premises, to reenter the Premises and occupy the whole or any part thereof for and on account of Tenant and to collect any unpaid Rent which has become payable, or which may thereafter become payable; or (c) The right of Landlord, even though it may have reentered the Premises, in accordance with subparagraph (b) of this Section, to elect thereafter to terminate this Lease and Tenant's right to possession of the Premises. Should Landlord have reentered the Premises under the provisions of subparagraph (b) of this Section, Landlord shall not be deemed to have terminated this Lease or have accepted a Default occurssurrender thereof by any such reentry, unless Landlord shall have notified Tenant in writing that it has so elected to terminate this Lease and Tenant's right to possession. Tenant further covenants that the service by Landlord of any notice pursuant to the unlawful detainer or eviction statutes of the state where the Shopping Center is located and the surrender of possession pursuant to such notice shall not (unless Landlord elects to the contrary at the time of, or at any time subsequent to, the serving of such notice and such election is evidenced by a written notice to Tenant) be deemed to be a termination of this Lease. In the event of any reentry or taking possession of the Premises as aforesaid, Landlord shall have the right, but not the obligation, to remove therefrom all or any part of the merchandise, Improvements or Personal Property located therein and to place the same in storage at a public warehouse at the expense and risk of Tenant. The rights and remedies hereinafter set forth, which given to Landlord in this Section shall be distinctadditional and supplemental to all other rights or remedies which Landlord may have under laws in force when the default occurs. Landlord agrees that in the event Tenant defaults under this Lease and thereafter vacates the Premises, separate Landlord shall use its reasonable efforts to re-lease the Premises and cumulative and mitigate monetary damages arising out of Tenant's default or breach of this Lease. Nothing herein, however, shall not operate to exclude or deprive prohibit Landlord of from leasing any other right vacant premises before leasing the Premises hereunder, or remedy allowed it at law or in equity: (i) Landlord may terminate this Lease, in which event from using its business judgment respecting the Term of this Lease shall end, and all right, title and interest of Tenant hereunder shall expire; (ii) Landlord may terminate the right of Tenant to possession leasing of the Premises without terminating this Lease, whereupon the right of Tenant to possession of the Premises or any part thereof shall cease; and (iii) Landlord may enforce the provisions of this Lease and may enforce and protect the rights of Landlord hereunder by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, and for the enforcement of any other appropriate legal or equitable remedy, including without limitation distraint for rent, injunctive relief, recovery of all money due or to become due from Tenant under any of the provisions of this Lease and recovery of damages incurred by Landlord by reason of the Defaulthereunder. (iv) Landlord may cure or correct such Default or take steps to perform any covenant, agreement, condition or provisions of this Lease, and all costs and expenses incurred by Landlord in so doing (including reasonable attorneys’ fees) shall be paid by Tenant to Landlord as additional rent upon demand plus interest at the Default Rate (defined in Section 28(i)) from the date of expenditure. Landlord’s proceeding under the rights reserved to Landlord under this Section 19(b)(iv) shall not in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of that or any other Default. Notwithstanding anything to the contrary herein contained, Landlord shall not be required to serve Tenant with any notices or demands as a prerequisite to its exercise of any of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. Tenant expressly waives the service of any statutory demand or notice which is a prerequisite to Landlord’s commencement of eviction proceedings against Tenant, including the demands and notices specified in 735 ILCS §§5/9-209 and 5/9-210.

Landlord's Rights and Remedies. Upon any default and a failure by Tenant to cure same within the time period in the preceding section, Landlord, at its option, and without further demand or notice, shall have the following rights and remedies in addition to any rights provided by law, all of which shall be cumulative: (1) Perform any covenant or obligation of Tenant and charge the cost of the cure to the next installment or installments of base rental due. (2) Allow Tenant to remain in possession, declare the total rental under this lease immediately due and payable and institute collection proceedings. (3) Retake possession of the leased premises and any leased equipment and relet the leased premises or any part thereof to a third party. If the Landlord relets the premises (either for a Default occursterm greater than less than or equal to the unexpired portion of the term then in effect under the terms of this lease) for an aggregate rent during the portion of such new lease which is less than the rent and other charges which Tenant would pay hereunder for such period, Landlord may immediately upon the making of such new lease, xxx for and recover the difference between the aggregate rental provided for in said new lease for the portion of the term coextensive with the term then in effect under this lease, and the rent which Tenant would pay hereunder for such period (discounted to present value at a factor of 8% per annum), together with any expense to which Landlord may be put for brokerage commission, placing the demised premises in tenantable condition, charges accrued prior to the new lease or otherwise. If such new lease or tenancy is made for a shorter term than the balance of the term of this lease, any such action brought by Landlord to collect the deficit for that period shall not bar Landlord from thereafter suing for any loss accruing during the balance of the unexpired term of this lease. (4) Operate the facility on Tenant's behalf (and subject to applicable Kentucky statutes and regulations) until any default by Tenant under this lease has been cured. Any such summary action by Landlord shall not be construed as an election or act constituting retaking of possession unless expressly so stated in writing by Landlord to Tenant. Tenant knowingly and voluntarily waives demand for performance, notice to quit and any and all rights of redemption which Tenant may now have or hereafter acquire pursuant to statute or court decision, except for notice as provided in this Article. Landlord shall have the rights right to cure any default by Tenant without giving notice to Tenant in the event of an emergency. Landlord's failure to insist on the strict performance of and remedies hereinafter set forth, which compliance with each condition in this lease shall neither constitute nor be distinct, separate and cumulative and shall not operate to exclude or deprive construed as constituting a waiver by Landlord of any other right Landlord's rights under this Article or remedy allowed it at law by law, nor constitute nor be construed as consisting of a waiver by Landlord of a second or in equity: (i) Landlord may terminate this Lease, in which event the Term of this Lease shall end, and all right, title and interest of subsequent default by Tenant hereunder shall expire; (ii) Landlord may terminate the right of Tenant to possession of the Premises without terminating this Leasesame condition. Acceptance of past due rent or other sums due shall in no way act as a waiver of Tenant's default nor prevent Landlord from proceeding as above stated. In the event litigation is commenced, whereupon the right of Tenant to possession of the Premises or any part thereof shall cease; and (iii) Landlord may enforce the provisions of this Lease and may enforce and protect the rights of Landlord hereunder by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, and for the enforcement of any other appropriate legal or equitable remedy, including without limitation distraint for rent, injunctive relief, recovery of all money due or to become due from Tenant under any of the provisions of this Lease and recovery of damages incurred by Landlord by reason of the Default. (iv) Landlord may cure or correct such Default or take steps to perform any covenant, agreement, condition or provisions of this Lease, and all costs and expenses incurred by Landlord in so doing (including reasonable attorneys’ fees) shall be paid by Tenant to Landlord as additional rent upon demand plus interest at the Default Rate (defined in Section 28(i)) from the date of expenditure. Landlord’s proceeding under the rights reserved to Landlord under this Section 19(b)(iv) shall not in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of that or any other Default. Notwithstanding anything to the contrary herein contained, Landlord it shall not be required necessary for Landlord to serve notify Tenant with any notices or demands as a prerequisite to its exercise of any additional occurrences of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. Tenant expressly waives the service of any statutory demand or notice which is a prerequisite default prior to Landlord’s commencement of eviction proceedings against Tenant, including the demands and notices specified in 735 ILCS §§5/9-209 and 5/9-210proceeding as permitted.

Landlord's Rights and Remedies. If Should Tenant fail to cure within the time periods specified in Section 14.2 any default specified in subparagraph (a), (b) or (c) of Section 14.1, or fail to quit the Premises in accordance with subparagraph (c) of Section 14.2 with respect to any default specified in subparagraph (d) of Section 14.1, Landlord may exercise any of the following rights without further notice or demand of any kind to Tenant or any other person, except as required by applicable State law: (a) The right of Landlord to terminate this Lease and Tenant's right to possession of the Premises and to reenter the Premises, take possession thereof and remove all persons therefrom, following which Tenant shall have no further claim thereon or hereunder; (b) The right of Landlord, without terminating this Lease and Tenant's right to possession of the Premises, to reenter the Premises and occupy the whole or any part thereof for and on account of Tenant and to collect any unpaid rentals and other charges, which have become payable, or which may thereafter become payable; or (c) The right of Landlord, even though it may have reentered the Premises, in accordance with subparagraph (b) of this Section 14.3, to elect thereafter to terminate this Lease and Tenant's right to possession of the Premises. Should Landlord have reentered the Premises under the provisions of subparagraph (b) of this Section 14.3, Landlord shall not be deemed to have terminated this Lease, the liability of Tenant to pay rental or other charges thereafter accruing, or Tenant's liability for damages under any of the provisions hereof, by any such reentry or by any action, in unlawful detainer or otherwise, to obtain possession of the Premises, unless Landlord shall have notified Tenant in writing that it has so elected to terminate this Lease and Tenant's right to possession. Tenant further covenants that the service by Landlord of any notice pursuant to the unlawful detainer statutes of the State where the Shopping Center is located and the surrender of possession pursuant to such notice shall not (unless Landlord elects to the contrary at the time of, or at any time subsequent to, the serving of such notice and such election is evidenced by a Default occurswritten notice to Tenant) be deemed to be a termination of this Lease. In the event of any reentry or taking possession of the Premises as aforesaid, Landlord shall have the right, but not the obligation, to remove therefrom all or any part of the Fixtures or Personal Property located therein and to place the same in storage at a public warehouse at the expense and risk of Tenant. The rights and remedies hereinafter set forth, which given to Landlord in this Section 14.3 shall be distinct, separate additional and cumulative and shall not operate supplemental to exclude or deprive Landlord of any all other right or remedy allowed it at law or in equity: (i) Landlord may terminate this Lease, in which event the Term of this Lease shall end, and all right, title and interest of Tenant hereunder shall expire; (ii) Landlord may terminate the right of Tenant to possession of the Premises without terminating this Lease, whereupon the right of Tenant to possession of the Premises or any part thereof shall cease; and (iii) Landlord may enforce the provisions of this Lease and may enforce and protect the rights of Landlord hereunder by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, and for the enforcement of any other appropriate legal or equitable remedy, including without limitation distraint for rent, injunctive relief, recovery of all money due or to become due from Tenant under any of the provisions of this Lease and recovery of damages incurred by Landlord by reason of the Default. (iv) Landlord may cure or correct such Default or take steps to perform any covenant, agreement, condition or provisions of this Lease, and all costs and expenses incurred by Landlord in so doing (including reasonable attorneys’ fees) shall be paid by Tenant to Landlord as additional rent upon demand plus interest at the Default Rate (defined in Section 28(i)) from the date of expenditure. Landlord’s proceeding under the rights reserved to Landlord under this Section 19(b)(iv) shall not in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of that or any other Default. Notwithstanding anything to the contrary herein contained, Landlord shall not be required to serve Tenant with any notices or demands as a prerequisite to its exercise of any of its rights or remedies which Landlord may have under this Lease, other than those notices and demands specifically required under this Lease. Tenant expressly waives laws in force when the service of any statutory demand or notice which is a prerequisite to Landlord’s commencement of eviction proceedings against Tenant, including the demands and notices specified in 735 ILCS §§5/9-209 and 5/9-210default occurs.

Landlord's Rights and Remedies. If a Default occurs(a) Upon the occurrence of any one or more events as described in Section 22.01(b), Landlord shall have may treat the rights same as a breach of this Lease and remedies hereinafter set forththereupon at its option, which shall be distinct, separate and cumulative and shall not operate to exclude without further notice or deprive Landlord demand of any kind to Tenant or any other right person, in addition to all other legal or remedy allowed it at law or in equityequitable remedies, exercise the following described remedies: (i) Landlord may elect to terminate this Lease and the Term created hereby, in which event Landlord forthwith may repossess the Demised Premises and Tenant shall pay at once to Landlord as liquidated damages a sum of money equal to the Rent to be paid by Tenant to Landlord for the balance of the Term less the fair rental value of the Demised Premises for said period. In the computation of such damages the difference between any installment of Rent becoming due hereunder after the date of termination and the fair and reasonable rental value of the Demised Premises for the period for which such installment was payable shall be discounted to the date of termination at the rate of six percent (6%) per annum. If Demised Premises or any part thereof be re-let by Landlord for the unexpired Term, or any part thereof, before presentation of proof of such liquidated damages to any court, commission or tribunal, 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 Demised Premises so relet during the term of the reletting. Nothing herein contained shall limit or prejudice the right of Landlord to prove for and obtain as liquidated damages by reason of such termination, 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 the amount of the difference referred to above. (ii) Landlord may elect to terminate Tenaxx'x xight of possession without termination of this Lease, in which event Tenaxx agrees to surrender possession and vacate the Term Demised Premises immediately and deliver possession thereof to Landlord, and Tenant hereby grants to Landlord full and free license without notice to enter into and upon the Demised Premises, in whole or in part, with or without process of law by force or otherwise and to repossess the Demised Premises or any part thereof and to expel or remove Tenant and any other person, firm or corporation who may be occupying or within the Demised Premises or any part thereof and remove any and all property therefrom without terminating this Lease shall endor releasing Tenant in whole or in part from Tenant's obligation to pay Rent and perform any of the covenants, conditions and agreements to be performed by Tenaxx xx provided in this Lease and without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer, and all right, title and interest without relinquishing Landlord's right to Rent or any other right of Tenant hereunder shall expire;Landlord in this Lease or by operation of law. (iib) Landlord may terminate the right of Tenant to Upon and after entry into possession of the Premises without terminating this Lease, whereupon the right of Tenant to possession of the Premises Landlord may, but shall not be obligated to, relet all or any part thereof shall cease; and (iii) Landlord may enforce of the provisions of this Lease and may enforce and protect the rights of Landlord hereunder by a suit or suits in equity or at law Demised Premises for the specific performance account of any covenant Tenant for such rent and upon such terms and to such person, firm or agreement contained hereincorporation and for such period or periods as Landlord in Landlord's sole discretion shall determine, and for the enforcement of any other appropriate legal or equitable remedy, including without limitation distraint for rent, injunctive relief, recovery of all money due or to become due from Tenant under any of the provisions of this Lease and recovery of damages incurred by Landlord by reason of the Default. (iv) Landlord may cure or correct such Default or take steps to perform any covenant, agreement, condition or provisions of this Lease, and all costs and expenses incurred by Landlord in so doing (including reasonable attorneys’ fees) shall be paid by Tenant to Landlord as additional rent upon demand plus interest at the Default Rate (defined in Section 28(i)) from the date of expenditure. Landlord’s proceeding under the rights reserved to Landlord under this Section 19(b)(iv) shall not in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of that or any other Default. Notwithstanding anything to the contrary herein contained, Landlord shall not be required to serve accept any tenant offered by Tenaxx, xx observe any instruction given by Tenant about such reletting or to do any act or exercise any care or diligence with respect to such reletting. For the purpose of such reletting, Landlord may decorate or make repairs, changes, alterations or additions in or to the Demised Premises to the extent deemed by Landlord desirable or convenient. If the consideration collected by Landlord upon any notices such reletting for Tenaxx'x xccount is not sufficient to pay the Rent reserved in this Lease together with an amount equal to five percent (5%) of the Rent provided for in any new lease, as liquidated damages, and the cost of repairs, alterations, additions, redecorating and Landxxxx'x xther expenses, Tenaxx xxxees to pay to Landlord the deficiency upon demand. (c) The service of demand for possession, a notice that the tenancy hereby created will be terminated on the date therein named, institution of an action of forcible detainer or demands ejectment or the entering of a judgment for possession in such action, or any other act or acts resulting in the termination of Tenaxx'x xight to possession of the Demised Premises shall not relieve Tenant from Tenant's obligation to pay the Rent hereunder during the balance of the Term or any extension thereof, except as herein expressly provided. Landlord may collect and receive any Rent due from Tenant, and the payment thereof shall not constitute a prerequisite waiver of or affect any notice or demand given, suit instituted or judgment obtained by Landlord, or be held to its exercise of any of its waive, affect, change, modify or alter the rights or remedies under which Landlord has in equity or at law or by virtue of this Lease, other than those notices and demands specifically required under this Lease. Tenant expressly waives the service of any statutory demand or notice which is a prerequisite to Landlord’s commencement of eviction proceedings against Tenant, including the demands and notices specified in 735 ILCS §§5/9-209 and 5/9-210.

Landlord's Rights and Remedies. If a Default occurs, Landlord shall ------------------------------ have the rights and remedies hereinafter set forth, which shall be distinct, separate and cumulative and shall not operate to exclude or deprive Landlord of any other right or remedy allowed it at law or in equity: (i) Landlord may terminate this Leaselease, in which event the Term of this Lease lease shall end, and all right, title and interest of Tenant hereunder shall expire, on the date stated in such notice; (ii) Landlord may terminate the right of Tenant to possession of the Premises without terminating this Leaselease, whereupon Whereupon the right of Tenant to possession of the Premises or any part part: thereof shall ceasecease on the date stated in such notice; and (iii) Landlord may enforce the provisions of this Lease lease and may enforce and protect the rights of Landlord hereunder by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, and for the enforcement of any other appropriate legal or equitable remedy, including without limitation distraint for rent, injunctive relief, recovery of all money due or to become due from Tenant under any of the provisions of this Lease lease and recovery recovery, of damages incurred by Landlord by reason of the Default. (iv) Landlord may cure or correct such Default or take steps to perform any covenant, agreement, condition or provisions of this Leaselease, and all costs and expenses incurred by Landlord in so doing (including reasonable attorneys’ ' fees) shall be paid by Tenant to Landlord as additional rent upon demand plus interest at the Default Rate (defined in Section 28(i)) from the date of expenditure. Landlord’s 's proceeding under the rights reserved to Landlord under this Section 19(b)(iv) shall not in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of that or any other Default. Notwithstanding anything to the contrary herein contained, Landlord shall not be required to serve Tenant with any notices or demands as a prerequisite to its exercise of any of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. Tenant expressly waives the service of any statutory demand or notice which is a prerequisite to Landlord’s commencement of eviction proceedings against Tenant, including the demands and notices specified in 735 ILCS §§5/9-209 and 5/9-210.

Landlord's Rights and Remedies. If a Default occurs, Landlord shall have the rights and remedies hereinafter set forth, which shall be distinct, separate and cumulative and shall not operate to exclude or deprive Landlord of any other right or remedy allowed it at law or in equity: (i) Landlord may terminate this Leaselease, in which event the Term of this Lease lease shall end, and all right, title and interest of Tenant hereunder shall expire, on the date stated in such notice; (ii) Landlord may terminate the right of Tenant to possession of the Premises without terminating this Leaselease, whereupon the right of Tenant to possession of the Premises or any part thereof shall ceasecease on the date stated in such notice; and (iii) Landlord may enforce the provisions of this Lease lease and may enforce and protect the rights of Landlord hereunder by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, and for the enforcement of any other appropriate legal or equitable remedy, including without limitation distraint for rent, injunctive relief, recovery of all money due or to become due from Tenant under any of the provisions of this Lease lease and recovery of damages incurred by Landlord by reason of the Default. (iv) Landlord may cure or correct such Default or take steps to perform any covenant, agreement, condition or provisions of this Leaselease, and all costs and expenses incurred by Landlord in so doing (including reasonable attorneys’ ' fees) shall be paid by Tenant to Landlord as additional rent upon demand plus interest at the Default Rate (defined in Section 28(i)) from the date of expenditure. Landlord’s 's proceeding under the rights reserved to Landlord under this Section 19(b)(iv) shall not in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of that or any other Default. Notwithstanding anything to the contrary herein contained, Landlord shall not be required to serve Tenant with any notices or demands as a prerequisite to its exercise of any of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. Tenant expressly waives the service of any statutory demand or notice which is a prerequisite to Landlord’s commencement of eviction proceedings against Tenant, including the demands and notices specified in 735 ILCS §§5/9-209 and 5/9-210.

Landlord's Rights and Remedies. If Should Tenant fail to cure within the time periods specified in Section 16.2 any default specified in subparagraph (a), (b) or (c) of Section 16.1, or fail to quit the Premises in accordance with subparagraph (d) of Section 16.2 with respect to any default specified in subparagraph (d) of Section 16.1, Landlord may exercise any of the following rights without further notice or demand of any kind to Tenant or any other person, except as required by applicable state law: (a) The right of Landlord to terminate this Lease and Xxxxxx's right to possession of the Premises and to reenter the Premises, take possession thereof and remove all persons therefrom, following which Tenant shall have no further claim thereon or hereunder; (b) The right of Landlord, without terminating this Lease and Xxxxxx's right to possession of the Premises, to reenter the Premises and occupy the whole or any part thereof for and on account of Tenant and to collect any unpaid Rent which has become payable, or which may thereafter become payable; or (c) The right of Landlord, even though it may have reentered the Premises, in accordance with subparagraph (b) of this Section, to elect thereafter to terminate this Lease and Xxxxxx's right to possession of the Premises. Should Landlord have reentered the Premises under the provisions of subparagraph (b) of this Section, Landlord shall not be deemed to have terminated this Lease or have accepted a Default occurssurrender thereof by any such reentry, unless Landlord shall have notified Tenant in writing that it has so elected to terminate this Lease and Xxxxxx's right to possession. Tenant further covenants that the service by Landlord of any notice pursuant to the unlawful detainer or eviction statutes of the state where the Shopping Center is located and the surrender of possession pursuant to such notice shall not (unless Landlord elects to the contrary at the time of, or at any time subsequent to, the serving of such notice and such election is evidenced by a written notice to Tenant) be deemed to be a termination of this Lease. In the event of any reentry or taking possession of the Premises as aforesaid, Landlord shall have the right, but not the obligation, to remove therefrom all or any part of the merchandise, Improvements or Personal Property located therein and to place the same in storage at a public warehouse at the expense and risk of Tenant. The rights and remedies hereinafter set forth, which given to Landlord in this Section shall be distinctadditional and supplemental to all other rights or remedies which Landlord may have under laws in force when the default occurs. Landlord agrees that in the event Tenant defaults under this Lease and thereafter vacates the Premises, separate Landlord shall use its reasonable efforts to re-lease the Premises and cumulative and mitigate monetary damages arising out of Tenant's default or breach of this Lease. Nothing herein, however, shall not operate to exclude or deprive prohibit Landlord of from leasing any other right vacant premises before leasing the Premises hereunder, or remedy allowed it at law or in equity: (i) Landlord may terminate this Lease, in which event from using its business judgment respecting the Term of this Lease shall end, and all right, title and interest of Tenant hereunder shall expire; (ii) Landlord may terminate the right of Tenant to possession leasing of the Premises without terminating this Lease, whereupon the right of Tenant to possession of the Premises or any part thereof shall cease; and (iii) Landlord may enforce the provisions of this Lease and may enforce and protect the rights of Landlord hereunder by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, and for the enforcement of any other appropriate legal or equitable remedy, including without limitation distraint for rent, injunctive relief, recovery of all money due or to become due from Tenant under any of the provisions of this Lease and recovery of damages incurred by Landlord by reason of the Defaulthereunder. (iv) Landlord may cure or correct such Default or take steps to perform any covenant, agreement, condition or provisions of this Lease, and all costs and expenses incurred by Landlord in so doing (including reasonable attorneys’ fees) shall be paid by Tenant to Landlord as additional rent upon demand plus interest at the Default Rate (defined in Section 28(i)) from the date of expenditure. Landlord’s proceeding under the rights reserved to Landlord under this Section 19(b)(iv) shall not in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of that or any other Default. Notwithstanding anything to the contrary herein contained, Landlord shall not be required to serve Tenant with any notices or demands as a prerequisite to its exercise of any of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. Tenant expressly waives the service of any statutory demand or notice which is a prerequisite to Landlord’s commencement of eviction proceedings against Tenant, including the demands and notices specified in 735 ILCS §§5/9-209 and 5/9-210.

Landlord's Rights and Remedies. If a Default occurs, Landlord shall have the rights and remedies hereinafter set forth, which shall be distinct, separate and cumulative and shall not operate to exclude or deprive Landlord of any other right or remedy allowed it at law or in equity: (i) Landlord may terminate this Leaselease, in which event the Term of this Lease lease shall end, and all right, title and interest of Tenant hereunder shall expire, on the date stated in such notice; (ii) Landlord may terminate the right of Tenant to possession of the Premises without terminating this Leaselease, whereupon the right of Tenant to possession of the Premises or any part thereof shall ceasecease on the date stated in such notice; and (iii) Landlord may enforce the provisions of this Lease lease and may enforce and protect the rights of Landlord hereunder by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, and and, except as specifically hereinafter provided, for the enforcement of any other appropriate legal or equitable remedy, including without limitation distraint for rent, injunctive relief, recovery of all money due or to become due from Tenant under any of the provisions of this Lease lease and recovery of damages incurred by Landlord by reason of the Default. Notwithstanding any of the foregoing or anything else to the contrary in this lease, Landlord waives all rights to distrain for rent against Tenant’s property in the Premises. (iv) Landlord may cure or correct such Default or take steps to perform any covenant, agreement, condition or provisions of this Leaselease, and all costs and expenses incurred by Landlord in so doing (including reasonable attorneys’ fees) shall be paid by Tenant to Landlord as additional rent upon demand plus interest at the Default Rate (defined in Section 28(i)) from the date of expenditure. Landlord’s proceeding under the rights reserved to Landlord under this Section 19(b)(iv) shall not in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of that or any other Default. Notwithstanding anything to the contrary herein contained, Landlord shall not be required to serve Tenant with any notices or demands as a prerequisite to its exercise of any of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. Tenant expressly waives the service of any statutory demand or notice which is a prerequisite to Landlord’s commencement of eviction proceedings against Tenant, including the demands and notices specified in 735 ILCS §§5/9-209 and 5/9-210.

Landlord's Rights and Remedies. (a) If a an Event of Default occursshould occur as provided above, subject to the provisions of Article 8 and Section 12.26 of this Lease, Landlord shall will have the option of proceeding for all past due Rent and direct damages caused by the default and, with or without such a proceeding, exercising any or all of the following rights and remedies hereinafter set forth, which shall be distinct, separate and cumulative and shall not operate to exclude or deprive Landlord of any other right or remedy allowed it at law or in equity: remedies: (i) Landlord may terminate this Lease, in which event the Term of retain this Lease shall endin effect, and all rightreserve its right to proceed for enforcement of Lease obligations coming due in the future, title and interest of Tenant hereunder shall expire; and, at Landlord's option, proceed for specific performance or injunctive relief; or (ii) Landlord may cancel and terminate this Lease, and this cancellation will be effective upon five (5) days' written notice to Tenant. Landlord shall not be entitled to accelerate Rents. (b) If Landlord elects option (a)(ii) and terminates this Lease, then Landlord may re-lease the right Leased Premises for such price and on such terms as may be reasonably obtainable, and Tenant will be and remain liable, not only for all Rent due and other obligations incurred up to the date of termination, but also for stipulated or liquidated damages for its nonperformance equal to the sum of (i) all reasonable expenses that Landlord may incur in re-entering and re-possessing the Premises, curing any default by Tenant, putting the Premises in proper repair and making such reasonable, non-structural modifications thereto as shall be required for any new tenants, protecting and preserving the Premises by placing watchmen and caretakers therein, reletting the Premises, including reasonable attorney's fees and disbursements, sheriff's fees, and brokerage fees in doing so, plus (ii) the greater of (a) an amount equal to the Rent payable by Tenant to possession Landlord during the last full Lease Year prior to the Event of Default (provided that if fewer than twelve (12) months remain in the Term, then this amount will be calculated for the number of months that remain in the Term) or (b) the discounted present value (determined using a per annum rate equal to the "Prime Rate" as published on the date this Lease is terminated by The Wall Street Journal in its listing of "Money Rates" or by a similar newspaper with national circulation) of the amount by which the aggregate of all Rent that would have been paid hereunder had this Lease remained in effect until the stipulated end of the Term (calculated as the average Base Amount and Additional Rent due by Tenant in the last three full Lease Years prior to the Event of Default) multiplied by the number of years that would have remained in the Term had this Lease not terminated), exceeds the fair rental value of the Premises without terminating during this Leaseperiod. For purposes of the calculation set out in (b) above, whereupon the right of Tenant to possession fair rental value of the Premises or during any part thereof shall cease; and period prior to the time at which Landlord could reasonably be expected to obtain a new tenant for the Premises will be zero (iii) unless Landlord may enforce obtains a new tenant within that period), and if Landlord has leased the provisions Premises to a new tenant on commercially reasonable terms, then the rental payable by the new tenant will be deemed to be the fair rental value of the Premises, and if Landlord has used commercially reasonable efforts to lease the Premises to a new tenant, the period between the termination of this Lease and may enforce and protect the rights commencement of the new lease will be deemed to be the time within which Landlord hereunder by could reasonably be expected to obtain a suit or suits in equity or at law new tenant for the specific performance Premises. In any case, Landlord may remove or cause to be removed, at Tenant's expense, all property of any covenant Tenant from the Premises and store the same in Landlord's or agreement contained hereinTenant's name, but at the cost, expense, and risk of Tenant, without liability to Tenant for loss or injury to such property. In addition, upon the occurrence of an Event of Default on the part of Tenant, Landlord is hereby irrevocably authorized, to the extent legally permitted, to sell, at public or private sale, with or without legal proceedings, and with or without notice, demand, advertisement, appraisement, or any other formality, any and all of the contents of the Premises owned by Tenant, and Landlord may purchase these contents at private sale or for the enforcement highest bid at public sale, and the proceeds of any other appropriate legal or equitable remedythis sale, including without limitation distraint for rentafter deducting all costs, injunctive reliefcharges, recovery attorneys' fees, and expenses of all money due or the sale, will be applied to become due from the payment of Rent. (c) In addition to, and not in lieu of the foregoing remedies, if Tenant under fails to perform any of the provisions of its obligations under this Lease before the expiration of the applicable notice and recovery of damages cure period, then Landlord will have the right, but not the obligation, to pay all sums and take all actions that are reasonably necessary or desirable to perform Tenant's obligation, and Tenant will reimburse Landlord for such sums and other costs incurred by Landlord as additional rent within ten (10) days after demand. The performance by reason Landlord of the Default. (iv) Landlord may cure one of Tenant's obligations will not be construed as a modification or correct such Default or take steps to perform waiver of any covenant, agreement, condition or provisions provision of this Lease, and all costs such obligation will remain the obligation of Tenant. In addition, Landlord's failure to perform such obligation shall not preclude Landlord from exercising any of its other rights or remedies set out in this section by reason of an Event of Default, except to the extent that Landlord now or hereafter has a duty under applicable law to mitigate its damages resulting from an Event of Default, and expenses incurred by Landlord in so doing the failure to perform such obligation constitutes a breach of such duty. (including reasonable attorneys’ feesd) shall be paid by Tenant to Landlord as additional rent upon demand plus interest at the Default Rate (defined in Section 28(i)) from the date All rights and remedies of expenditure. Landlord’s proceeding under the rights reserved to Landlord under this Section 19(b)(iv) shall not in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of that or Lease will be cumulative, and none will exclude any other Defaultrights or remedies granted in this Lease. Notwithstanding anything The failure to assert any remedy or the contrary herein contained, Landlord granting of any waiver (as provided in Section 12.12 hereof) of any Event of Default shall not be required deemed to serve Tenant with be a waiver of such remedy or any notices subsequent Event of Default. (e) Nothing in this Section 9.2 shall limit or demands diminish any duty that Landlord may now or hereafter have under applicable law to mitigate its damages resulting from an Event of Default. (f) Such rights and remedies as a prerequisite are given Landlord hereunder shall also extend to its exercise the Trustee, and the Trustee and the holders of any the Notes issued under the Indenture shall be deemed third party beneficiaries of its rights or remedies under this Lease, other than those notices all covenants and demands specifically required under this Lease. Tenant expressly waives the service of any statutory demand or notice which is a prerequisite to Landlord’s commencement of eviction proceedings against Tenant, including the demands and notices specified in 735 ILCS §§5/9-209 and 5/9-210agreements contained herein.

Landlord's Rights and Remedies. If a Upon the happening of any Event of Default occursand during the continuance thereof, Landlord Landlord, at its option, and without further demand or notice, shall have the following rights and remedies hereinafter set forthin addition to any rights provided by law, all of which shall be distinct, separate and cumulative and shall not operate to exclude or deprive Landlord of any other right or remedy allowed it at law or in equitycumulative: (ia) Landlord may terminate this Lease, in which event the Term of this Lease shall end, and all right, title and interest Perform any covenant or obligation of Tenant hereunder shall expire;and charge the reasonable cost of the cure to the next installment or installments of Annual Rent due. (iib) Landlord may terminate the right of Tenant to Retake possession of the Demised Premises without terminating this Lease, whereupon Lease and relet the right of Tenant to possession of the Demised Premises or any part thereof shall cease; and to a third party. If Landlord relets the Demised Premises (iiieither for a term greater than, less than or equal to the unexpired portion of the Lease Term) for an aggregate rent during the portion of such new lease which is less than Annual Rent and other charges which Tenant would pay hereunder for such period, Landlord may enforce immediately upon the provisions making of this Lease such new lease, xxx for and may enforce and protect recover the rights of Landlord hereunder by a suit or suits difference between the aggregate rental provided for in equity or at law said new lease for the specific performance balance of any covenant or agreement contained hereinthe term coextensive with the Lease Term, and the Annual Rent which Tenant would pay hereunder for such period, together with any reasonable expenses to which Landlord may be put for brokerage commissions, placing the enforcement of any Demised Premises in tenantable condition, and other appropriate legal related charges or equitable remedy, including without limitation distraint for rent, injunctive relief, recovery of all money due expenses accrued prior to the new lease or to become due from Tenant under any otherwise. In the event Landlord does not collect the entire amount of the provisions aggregate rental provided for in such new lease, Landlord may xxx for and recover the difference between the amount of this such aggregate rental actually collected and the Annual Rent which Tenant would pay hereunder. If such new lease or tenancy is made for a shorter term than the balance of the Lease and recovery of damages incurred Term, or for a greater rental, any such action brought by Landlord by reason to collect the deficit for that period shall not bar Landlord from thereafter suing for any loss accruing during the balance of the Defaultunexpired Lease Term whether or not due to expiration or termination of the new lease. (iv) Landlord may cure or correct such Default or take steps to perform any covenant, agreement, condition or provisions of this Lease, and all costs and expenses incurred by Landlord in so doing (including reasonable attorneys’ fees) shall be paid by Tenant to Landlord as additional rent upon demand plus interest at the Default Rate (defined in Section 28(i)) from the date of expenditure. Landlord’s proceeding under the rights reserved to Landlord under this Section 19(b)(iv) shall not in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of that or any other Default. Notwithstanding anything to the contrary herein contained, Landlord shall not be required to serve Tenant with any notices or demands as a prerequisite to its exercise of any of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. Tenant expressly waives the service of any statutory demand or notice which is a prerequisite to Landlord’s commencement of eviction proceedings against Tenant, including the demands and notices specified in 735 ILCS §§5/9-209 and 5/9-210.

Landlord's Rights and Remedies. If a Default occurs, Landlord shall have the rights and remedies hereinafter set forth, which shall be distinct, separate and cumulative and shall not operate to exclude or deprive Landlord of any other right or remedy allowed it at law or in equity: (i) Landlord may terminate this Lease, in which event the Term of this Lease shall end, and all right, title and interest of Tenant hereunder shall expire, on the date stated in such notice; (ii) Landlord may terminate the right of Tenant to possession of the Premises without terminating this Lease, whereupon the right of Tenant to possession of the Premises or any part thereof shall cease; andcease on the date stated in such notice; (iii) Landlord may terminate and/or remove any Tenant signage installed, or rights of Tenant to signage at the Premises, Building and/or Project without terminating this Lease, whereupon the right(s) of Tenant to signage at the Premises, Building and/or Project or any part thereof shall cease on the date stated in such notice and Landlord may remove any Tenant signage installed; (iv) Landlord may enforce the provisions of this Lease and may enforce and protect the rights of Landlord hereunder by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, and for the enforcement of any other appropriate legal or equitable remedy, including including, without limitation limitation, distraint for rentRent, injunctive relief, recovery of all money due or to become due from Tenant under any of the provisions of this Lease and recovery of damages incurred by Landlord by reason of the Default.; and (ivv) Landlord may cure or correct such Default (or cause such cure or correction to occur) or take steps to perform (or cause to be performed) any covenant, agreement, condition or provisions of this Lease, and all costs and expenses incurred by Landlord Landlord, or Landlord’s property manager or other designated representative, in so doing (including reasonable attorneys’ fees) ), shall be paid by Tenant to Landlord as additional rent such party upon written demand plus interest at the Default Rate (defined in Section 28(i)) from the date of expenditure. LandlordXxxxxxxx’s proceeding under the rights reserved to Landlord under this Section 19(b)(iv19(b)(v) shall not in any way prejudice or waive any rights as Landlord might otherwise have against Tenant by reason of that or any other Default. Notwithstanding anything to the contrary herein contained, Landlord shall not be required to serve Tenant with any notices or demands as a prerequisite to its exercise of any of its rights or remedies under this Lease, other than those notices and demands specifically required under this Lease. Tenant expressly waives the service of any statutory demand or notice which is a prerequisite to Landlord’s commencement of eviction proceedings against Tenant, including the demands and notices specified in 735 ILCS §§5/9-209 and 5/9-210.