Common use of Liability of Tenant Clause in Contracts

Liability of Tenant. If Landlord terminates this Lease or reenters the Premises (with or without terminating this Lease), Tenant shall remain liable (in addition to all other liabilities of Tenant accrued at the time of the Default) for the sum of (i) any unpaid Rent accrued prior to the time of termination and/or reentry, as the case may be, plus interest thereon from the due date at the Default Rate, (ii) all Base Rent and Additional Rent provided for in this Lease from the time of termination and/or reentry, as the case may be, until the date this Lease would have expired had a Default not occurred, plus interest thereon from the due date at the Default Rate, (iii) any and all expenses (including but not limited to reasonable attorneys' and brokerage fees) incurred by Landlord in reentering and repossessing the Premises, in correcting any default, in painting, altering or repairing the Premises in order to place the Premises in first-class rentable condition (whether or not the Premises are relet), in protecting and preserving the Premises and in reletting or attempting to relet the Premises, and (iv) any other amounts necessary to compensate Landlord for any other injury or detriment caused by the Default; minus the net proceeds (after deducting any rental abatements, tenant improvement allowances and other concessions and inducements) actually received by Landlord, if any, from any reletting to the extent attributable to the period prior to the date this Lease would have expired had a Default not occurred. Landlord shall have the option to recover any damages sustained by Landlord either at the time of reletting, if any, or in separate actions from time to time as said damages shall have been made more easily ascertainable by successive relettings or, at Landlord's option, to defer any such recovery until the date this Lease would have expired in the absence of a Default, in which event Tenant hereby agrees that the cause of action shall be deemed to have accrued on the aforesaid date. The provisions of this Section 19.C. shall be in addition to, and shall not prevent the enforcement of, any claim Landlord may have for anticipatory breach of this Lease.

Liability of Tenant. If Landlord terminates this Lease or reenters the Premises (with or without terminating this Lease), Tenant shall remain liable (in addition to all other liabilities of Tenant accrued at the time of the Default) for the sum of (i) any unpaid Rent accrued prior to the time of termination and/or reentry, as the case may be, plus interest thereon from the due date at the Default Rate, (ii) all Base Rent and Additional Rent provided for in this Lease from the time of termination and/or reentry, as the case may be, until the date this Lease would have expired had a Default not occurred, plus interest thereon from the due date at the Default Rate, (iii) any and all expenses (including but not limited to reasonable attorneys' and brokerage fees) incurred by Landlord in reentering and repossessing the Premises, in correcting any default, in painting, altering or repairing the Premises in order to place the Premises in first-class rentable condition (whether or not the Premises are relet), in protecting and preserving the Premises and in reletting or attempting to relet the Premises, and (iv) any other amounts necessary to compensate Landlord for any other injury or detriment caused by the Default; , minus the net proceeds (after deducting any rental abatements, tenant improvement allowances and other concessions and inducements) actually received by Landlord, if any, from any reletting to the extent attributable to the period prior to the date this Lease would have expired had a Default not occurred. , Landlord shall have the option to recover any damages sustained by Landlord either at the time of reletting, if any, or in separate actions from time to time as said damages shall have been made more easily ascertainable by successive relettings or, at Landlord's option, to defer any such recovery until the date this Lease would have expired in the absence of a Default, in which event Tenant hereby agrees that the cause of action shall be deemed to have accrued on the aforesaid date. The provisions of this Section 19.C. shall be in addition to, and shall not prevent the enforcement of, any claim Landlord may have for anticipatory breach of this Lease.

Liability of Tenant. If Landlord terminates this Lease or reenters the Premises (with or without terminating this Lease), Tenant shall remain liable (in addition to all other liabilities of Tenant accrued at the time of the Default) for the sum of (i) any unpaid Rent accrued prior to the time of termination and/or reentry, as the case may be, plus interest thereon from the due date at the Default Rate, (ii) all Base Rent and Additional Rent provided for in this Lease from the time of termination and/or reentry, as the case may be, until the date this Lease would have expired had a Default not occurred, plus interest thereon from the due date at the Default Rate, (iii) any and all expenses (including but not limited to reasonable attorneys' ’ and brokerage fees) incurred by Landlord in reentering and repossessing the Premises, in correcting any default, in painting, altering or repairing the Premises in order to place the Premises in first-class rentable condition (whether or not the Premises are relet), in protecting and preserving the Premises and in reletting or attempting to relet the Premises, and (iv) any other amounts necessary to compensate Landlord for any other injury or detriment caused by the Default; minus the net proceeds (after deducting any rental abatements, tenant improvement allowances and other concessions and inducements) actually received by Landlord, if any, from any reletting to the extent attributable to the period prior to the date this Lease would have expired had a Default not occurredoccurred but Landlord shall use commercially reasonable efforts to mitigate its damages by reletting. Landlord shall have the option to recover any damages sustained by Landlord either at the time of reletting, if any, or in separate actions from time to time as said damages shall have been made more easily ascertainable by successive relettings or, at Landlord's ’s option, to defer any such recovery until the date this Lease would have expired in the absence of a Default, in which event Tenant hereby agrees that the cause of action shall be deemed to have accrued on the aforesaid date. The provisions of this Section 19.C. 17.7 shall be in addition to, and shall not prevent the enforcement of, any claim Landlord may have for anticipatory breach of this Lease.

Liability of Tenant. If Landlord terminates this Lease or reenters the Premises (with or without terminating this Lease), Tenant shall remain liable (in addition to all other liabilities of Tenant accrued at the time of the Default) for the sum of (i) any unpaid Rent accrued prior to the time of termination and/or reentry, as the case may be, plus interest thereon from the due date at the Default Rate, (ii) all Base Rent and Additional Rent provided for in this Lease from the time of termination and/or reentry, as the case may be, until the date this Lease would have expired had a Default not occurred, plus interest thereon from the due date at the Default Rate, (iii) any and all expenses (including but not limited to reasonable attorneys' ’ and brokerage fees) incurred by Landlord in reentering and repossessing the Premises, in correcting any default, in painting, altering or repairing the Premises in order to place the Premises in first-class rentable condition (whether or not the Premises are relet), in protecting and preserving the Premises and in reletting or attempting to relet the Premises, and (iv) any other amounts necessary to compensate Landlord for any other injury or detriment caused by the Default; minus the net proceeds (after deducting any rental abatements, tenant improvement allowances and other concessions and inducements) actually received by Landlord, if any, from any reletting to the extent attributable to the period prior to the date this Lease would have expired had a Default not occurred. Landlord shall have the option to recover any damages sustained by Landlord either at the time of reletting, if any, or in separate actions from time to time as said damages shall have been made more easily ascertainable by successive relettings or, at Landlord's ’s option, to defer any such recovery until the date this Lease would have expired in the absence of a Default, in which event Tenant hereby agrees that the cause of action shall be deemed to have accrued on the aforesaid date. The provisions of this Section 19.C. shall be in addition to, and shall not prevent the enforcement of, any claim Landlord may have for anticipatory breach of this Lease.

Liability of Tenant. If Landlord terminates In the event of a cancellation or termination of this Lease pursuant to this Section, or reenters the Premises otherwise (with or without terminating except a termination of this LeaseLease pursuant to Section 13(a) hereof), and notwithstanding the re-entry by Landlord, Tenant shall shall, nevertheless, remain liable (in addition to all other liabilities of Tenant accrued at Landlord for the time payments of the Default) for the sum of (i) any unpaid Rent accrued prior to the time of termination and/or reentry, as the case may be, plus interest thereon from the due date at the Default Rate, (ii) all Base Rent and Additional Rent provided at the times and in the manner as such payments would otherwise have been due and payable but for such termination, without abatement, deduction or offset, for the remainder of the Term of this Lease. Landlord may, without notice, repair or alter the Demised Premises in such manner as Landlord may deem necessary or advisable, and/or let or relet the Demised Premises, and any and all parts thereof, for the whole or any part of the remainder of the then remaining Term of this Lease from Lease, in Landlord's name, or as the time agent of termination and/or reentryTenant and out of the rent so collected or received, Landlord shall first pay to itself the expense and cost of retaking, repossessing, repairing and altering the Demised Premises and the expense of moving persons and property therefrom, and second, pay to itself any cost or expense sustained in securing any new tenant or tenants, and third, pay to itself any balance remaining on account of the liability of Tenant to Landlord for the sum equal to the Base Rent, Additional Rent and any additional charges due hereunder and unpaid by the Tenant for the remainder of the Term of this Lease. There shall be included in any such costs, as aforesaid, attorneys' fees incurred therewith. Should any rent so collected by Landlord, after payments aforesaid, be insufficient to fully pay to Landlord a sum equal to the case Base Rent and Additional Rent and any additional charges due hereunder, the balance or deficiency shall be paid by Tenant on the days above specified, that is, upon each of such due date, Tenant shall pay to Landlord the amount of the deficiency then existing and Tenant hereby agrees to be and remain liable for any such deficiency; and the right of Landlord to recover from Tenant the amount thereof, or a sum equal to the amount of the Base Rent and Additional Rent and any additional charges due hereunder, whether or not there shall be a reletting, shall survive any summary process, ejectment, other action or other termination of this Lease; and Tenant hereby expressly waives any defense that might be predicated upon any such action of summary process, ejectment or other action or other termination or cancellation of this Lease. Should any rent so collected by Landlord after the payments aforesaid be in excess of the Base Rent and Additional Rent and any additional charges due hereunder, such excess shall be applied by Landlord against any Base Rent and Additional Rent and any additional charges due hereunder thereafter coming due and payable. Suit or suits for the recovery of such deficiency or damages, or for a sum equal to any installment or installments of Base Rent or Additional Rent hereunder, may bebe brought by Landlord from time to time, at its election, and nothing herein contained shall be deemed to require Landlord to wait until the date whereon this Lease or the Term of this Lease would have expired by limitation had a Default not occurred, plus interest thereon from the due date at the Default Rate, (iii) any there been no such default by Tenant and all expenses (including but not limited to reasonable attorneys' and brokerage fees) incurred by Landlord in reentering and repossessing the Premises, in correcting any default, in painting, altering no such termination or repairing the Premises in order to place the Premises in first-class rentable condition (whether or not the Premises are relet), in protecting and preserving the Premises and in reletting or attempting to relet the Premises, and (iv) any other amounts necessary to compensate Landlord for any other injury or detriment caused by the Default; minus the net proceeds (after deducting any rental abatements, tenant improvement allowances and other concessions and inducements) actually received by Landlord, if any, from any reletting to the extent attributable to the period prior to the date this Lease would have expired had a Default not occurred. Landlord shall have the option to recover any damages sustained by Landlord either at the time of reletting, if any, or in separate actions from time to time as said damages shall have been made more easily ascertainable by successive relettings or, at Landlord's option, to defer any such recovery until the date this Lease would have expired in the absence of a Default, in which event Tenant hereby agrees that the cause of action shall be deemed to have accrued on the aforesaid date. The provisions of this Section 19.C. shall be in addition to, and shall not prevent the enforcement of, any claim Landlord may have for anticipatory breach of this Leasecancellation.

Liability of Tenant. If Landlord terminates this Lease or reenters the Premises (with or without terminating this Lease), Tenant shall remain liable (in addition to all other liabilities of Tenant accrued at the time of the Material Default) for the sum of (i) any unpaid Rent accrued prior to the time of termination and/or reentry, as the case may be, plus interest thereon from the due date at the Default Rate, (ii) all Base Rent and Additional Rent provided for in this Lease from the time of termination and/or reentry, discounted to present value at the rate of eight percent (8%) per annum (the “Discount Rate”) calculated on a monthly basis, as the case may be, until the date this Lease would have expired had a Material Default not occurred, plus interest thereon from the due date at the Default Rate, and (iii) any and all reasonable expenses (including but not limited to reasonable attorneys' ’ and brokerage fees) incurred by Landlord in reentering and repossessing the Premises, in correcting any default, in painting, altering or repairing the Premises in order to place the Premises in first-class rentable condition (whether or not the Premises are relet), in protecting and preserving the Premises and in reletting or attempting to relet the PremisesPremises with such costs prorated as set forth in Section 19.B above, minus the proceeds realized by Landlord from any reletting. If Landlord leases the Premises or any portion thereof for a term which is beyond the then remaining Term, then the costs of reletting shall be amortized on a straight-line basis over the full term of such new lease, and (iv) any other amounts necessary to compensate Landlord Tenant shall only be liable for any other injury or detriment caused by the Default; minus the net proceeds (after deducting any rental abatements, tenant improvement allowances and other concessions and inducements) actually received by Landlord, if any, from any reletting to the extent amortized portion thereof attributable to the period prior to the date this Lease would have expired had a Default not occurredremaining Term. Landlord shall have the option to recover any damages sustained by Landlord either at the time of reletting, if any, or in separate actions from time to time as said damages shall have been made more easily ascertainable by successive relettings or, at Landlord's ’s option, to defer any such recovery until the date this Lease would have expired in the absence of a Material Default, in which event Tenant hereby agrees that the cause of action shall be deemed to have accrued on the aforesaid date. The provisions of this Section 19.C. shall be in addition to, and shall not prevent the enforcement of, any claim Landlord may have for anticipatory breach of this Lease.

Liability of Tenant. If Tenant hereby indemnifies Landlord terminates this Lease or reenters the Premises (with or without terminating this Lease)from and agrees to hold Landlord harmless against, Tenant shall remain liable (in addition to all other liabilities of Tenant accrued at the time of the Default) for the sum of (i) any unpaid Rent accrued prior to the time of termination and/or reentry, as the case may be, plus interest thereon from the due date at the Default Rate, (ii) all Base Rent and Additional Rent provided for in this Lease from the time of termination and/or reentry, as the case may be, until the date this Lease would have expired had a Default not occurred, plus interest thereon from the due date at the Default Rate, (iii) any and all expenses liability, loss, cost, damage or expense, including, without limitation, court costs and reasonable attorney's fees actually incurred (including but not limited without regard to reasonable attorneys' and brokerage fees) incurred by Landlord in reentering and repossessing statutory definitions or constraints upon the Premises, in correcting any default, in painting, altering charge or repairing the Premises in order to place the Premises in first-class rentable condition (whether or not the Premises are reletcollection thereof), through all appeals, imposed on Landlord by any person whomsoever, caused in protecting and preserving the Premises and whole or in reletting part by any act or attempting to relet the Premises, and (iv) any other amounts necessary to compensate Landlord for any other injury or detriment caused by the Default; minus the net proceeds (after deducting any rental abatements, tenant improvement allowances and other concessions and inducements) actually received by Landlord, if any, from any reletting to the extent attributable to the period prior to the date this Lease would have expired had a Default not occurred. Landlord shall have the option to recover any damages sustained by Landlord either at the time omission of reletting, if anyTenant, or any of its employees, contractors, servants, agents, subtenants, assignees, representatives or invitees, or otherwise occurring in separate actions from time to time as said damages shall have been made more easily ascertainable by successive relettings or, at Landlord's option, to defer connection with any such recovery until the date this Lease would have expired in the absence default of a Default, in which event Tenant hereby agrees that the cause of action shall be deemed to have accrued on the aforesaid datehereunder. The provisions of this Section 19.C. Article 38 shall be in addition to, and shall not prevent the enforcement of, survive any claim Landlord may have for anticipatory breach termination of this Lease. - 29 - 39. Relocation of the Demised Premises. T r p Exhibit "C" attached hereto), at its option and upon giving written notice to Tenant, to er and relocate the floor and location of the Demised Premises to a premises of a Imately the same Rentable Floor Area on any other available floor and location . e Building or in any other office building in the Project. If Landlord exercises option, then the substituted space shall for all purposes hereof be deemed to to constitute the Demised Premises under this Lease, and all terms, conditions enants, warranties, agreements and provisions of this Lease, including but not limi 0, the same Base Rental Rate per square foot of Rentable Floor Area of the Demi emises, shall continue in full force and effect and shall apply to the substituted e. To the extent Tenant has completed space design or planning which xxxx nusable or inapplicable to the relocated Demised Premises, Landlord shall bear the (b) In the event the Rentable Floor Area of the Demised Premises leased to Tenant contain less than five thousand (5,000) contiguous rentable square feet in area, Landlord reserves the right at any time or from time to time, at its option and upon giving not less than thirty (30) days' prior written notice to Tenant, to transfer and remove Tenant from the Demised Premises herein specified to any other available rooms and offices of substantially equal size and area in the Building or in any other office building in the Project and at an equivalent Base Rental. Landlord shall bear the expense of said removal, together with the expense of any renovation or alterations to said substituted space necessary to make the same substantially conform in arrangement and layout to the original space described in this Lease. If Landlord exercises such option, then the substituted space shall for all purposes hereof be deemed to be and to constitute the Demised Premises under this Lease, and all terms, conditions, covenants, warranties, agreements and provisions of this Lease, including but not limited to, the same Base Rental Rate per square foot of Rentable Floor Area of the Demised Premises, shall continue in full force and effect and shall apply to the substituted space. Tenant agrees to vacate the Demised Premises herein specified and relocate to said substituted space promptly after the substituted space is ready for Tenant's occupancy as provided herein, and Tenant's failure to do so shall constitute an event of default by Tenant under this Lease. (c) Following the exercise by Landlord of a relocation option pursuant to this ",A....rtic.le 39, La..'1dlord and Tenant agree promptl:y to execute and deliver an appropriate amendment to this Lease reflecting the changes in this Lease described or contemplated above; provided, however, that Tenant's failure or refusal to execute or deliver such an amendlnent shall not limit or impair the effectiveness of the relocation. 40.

Liability of Tenant. If Landlord terminates this Lease or reenters the Premises (with or without terminating this Lease)pursuant to Subsection B above, Tenant shall remain liable (in addition to all other liabilities of Tenant accrued at the time of the Defaultliabilities) for the sum of (i) any unpaid Rent accrued prior to earned at the time of termination and/or reentry, as the case may betermination, plus interest thereon from the due date at the rate (“Default Rate”) of ten percent (10%) per annum or two percent (2%) per annum above the prime rate of interest announced from time to time by the Bank of America (or such other bank that may serve from time to time as the lead bank for the Landlord), whichever is higher; provided, however, that if such interest is limited by law to a lesser amount, Landlord shall be entitled to the maximum amount of interest permitted by law, (ii) all Base Rent and Additional Rent any other sums provided for in this Lease from the time of termination and/or reentry, as the case may be, until the date this Lease would have expired had a Default such termination not occurred, plus interest thereon from the due date at the Default Rate, (iii) any and all expenses (including including, but not limited to reasonable attorneys' to, attorney’s fees and brokerage fees) incurred by Landlord in reentering and repossessing the Premises, in correcting curing any defaultDefault by Tenant, in painting, altering altering, repairing or repairing dividing the Premises in order to place the Premises in first-class rentable condition (whether or not the Premises are relet)Premises, in protecting and preserving the Premises by use of watchmen and caretakers, and in reletting or attempting to relet the Premises, and (iv) any other amounts amount necessary to compensate Landlord for any other injury or detriment caused loss suffered by the Default; minus Landlord by Tenant’s failure to perform its obligations under this Lease (excluding consequential damages), less the net proceeds (after deducting any rental abatements, tenant improvement allowances and other concessions and inducements) actually received by Landlord, if any, Landlord from any reletting to the extent attributable to the period prior to the date this Lease would have expired if it had a Default not occurredbeen terminated. Tenant agrees to pay to Landlord shall have the option to recover any damages sustained amount so owed above for each month during the term, at the end of each such month. Any suit brought by Landlord either at to enforce collection of such amount for any one month shall not prejudice Landlord’s right to enforce the time collection of reletting, if any, or in separate actions from time to time as said damages shall have been made more easily ascertainable by successive relettings or, at Landlord's option, to defer any such recovery until amount for any subsequent month. In addition to the date foregoing, and without regard to whether this Lease would have expired in has been terminated, Tenant shall pay to Landlord all costs incurred by Landlord, including attorney’s fees, with respect to any lawsuit or action instituted or taken by Landlord to enforce the absence of a Default, in which event Tenant hereby agrees that the cause of action shall be deemed to have accrued on the aforesaid date. The provisions of this Section 19.C. Lease. Tenant’s liability shall be in addition to, survive the institution of summary proceedings and shall not prevent the enforcement of, any claim Landlord may have for anticipatory breach issuance of this Leasea warrant thereunder.

Liability of Tenant. If Landlord terminates this Lease or reenters the Premises (with or without terminating this Lease), Tenant shall remain liable (in addition to all other liabilities of Tenant accrued at the time of the Default) for the sum of (i) any unpaid Rent accrued prior to the time of termination and/or reentry, as the case may be, plus interest thereon from the due date at the Default Rate, (ii) the amount of all Base Rent and Additional Rent provided for in this Lease from the time of termination and/or reentry, as the case may be, until the date this Lease would have expired had a Default not occurred, plus interest thereon from the due date at the Default Rate, (iii) any and all expenses (including but not limited to reasonable attorneys' and brokerage fees) incurred by Landlord in reentering and repossessing the Premises, in correcting any default, in painting, altering or repairing the Premises in order to place the Premises in first-class rentable condition (whether or not the Premises are relet), in protecting and preserving the Premises and in reletting or attempting to relet the Premises, and (iv) any other amounts necessary to compensate Landlord for any other injury or detriment caused by the Default; , minus the net proceeds (after deducting any rental abatements, tenant improvement allowances and other concessions and inducements) actually received by Landlord, if any, from any reletting to the extent attributable to the period prior to the date this Lease would have expired had a Default not occurred. Landlord shall have the option to recover any damages sustained by Landlord either at the time of reletting, if any, or in separate actions from time to time as said damages shall have been made more easily ascertainable by successive relettings or, at Landlord's option, to defer any such recovery until the date this Lease would have expired in the absence of a Default, in which event Tenant hereby agrees that the cause of action shall be deemed to have accrued on the aforesaid date. The provisions of this Section 19.C. shall be in addition to, and shall not prevent the enforcement of, any claim Landlord may have for anticipatory breach of this Lease.

Liability of Tenant. If Landlord terminates this Lease or reenters the Premises (with or without terminating this Lease), Tenant shall remain liable (in addition to all other liabilities of Tenant accrued at the time of the Default) for the sum of (i) any unpaid Rent accrued prior to the time of termination and/or reentry, as the case may be, plus interest thereon from the due date at the Default Rate, (ii) all Base Rent and Additional Rent provided for in this Lease from the time of termination and/or reentry, as the case may be, until the date this Lease would have expired had a Default not occurred, plus interest thereon from the due date at the Default Rate, (iii) any and all expenses (including but not limited to reasonable attorneys' and brokerage fees) incurred by Landlord in reentering and repossessing the Premises, in correcting any default, in painting, altering or repairing the Premises in order to place the Premises in first-class rentable condition (whether or not the Premises are relet), in protecting and preserving the Premises and in reletting or attempting to relet the Premises, and (iv) any other amounts necessary to compensate Landlord for any other injury or detriment caused by the Default; minus the net proceeds (after deducting any rental abatements, tenant improvement allowances and other concessions and inducements) actually received by Landlord, if any, from any reletting to the extent attributable to the period prior to the date this Lease would have expired had a Default not occurred. Landlord shall have the option to recover any damages sustained by Landlord either at the time of reletting, if any, or in separate actions from time to time as said damages shall have been made more easily ascertainable by successive relettings or, at Landlord's option, to defer any such recovery until the date this Lease would have expired in the absence of a Default, in which event Tenant hereby agrees that the cause of action shall be deemed to have accrued on the aforesaid date. The provisions of this Section 19.C. shall be in addition to, and shall not prevent the enforcement of, any claim Landlord may have for anticipatory breach of this Lease.

Liability of Tenant. If Landlord terminates this Lease or reenters the Premises (with or without terminating this Lease), Tenant shall remain liable (in addition to all other liabilities of Tenant accrued at the time of the Default) for the sum of (i) any unpaid Rent accrued prior to the time of termination and/or reentry, as the case may be, plus interest thereon from the due date at the Default Rate, (ii) all Base Rent and Additional Rent provided for in this Lease from the time of termination and/or reentry, as the case may be, until the date this Lease would have expired had a Default not occurred, plus interest thereon from the due date at the Default Rate, (iii) any and all expenses (including but not limited to reasonable attorneys' and brokerage fees) incurred by Landlord in reentering and repossessing the Premises, in correcting any default, in painting, altering or repairing the Premises in order to place the Premises in first-class rentable condition (whether or not the Premises are relet), in protecting and preserving the Premises and in reletting or attempting to relet the Premises, and (iv) any other amounts necessary to compensate Landlord for any other injury or detriment caused by the Default; , minus the net proceeds (after deducting any rental abatements, tenant improvement allowances and other concessions and inducements) actually received by Landlord, if any, from any reletting to relxxxxxx xo the extent attributable to the period prior to the date this Lease would have expired had a Default not occurred. Landlord shall have the option to recover any damages sustained by Landlord either at the time of reletting, if any, or in separate actions from time to time as said damages shall have been made more easily ascertainable by successive relettings or, at Landlord's option, to defer any such recovery anx xxxx xecovery until the date this Lease would have expired in the absence of a Default, in which event Tenant hereby agrees that the cause of action shall be deemed to have accrued on the aforesaid date. The provisions of this Section 19.C. shall be in addition to, and shall not prevent the enforcement of, any claim Landlord may have for anticipatory breach of this Lease.

Liability of Tenant. If Landlord terminates this Lease or reenters the Premises (with or without terminating this Lease), Tenant shall remain liable (in addition to all other liabilities of Tenant accrued at the time of the Default) for the sum of (i) any unpaid Rent Rant accrued prior to the time of termination and/or reentry, as the case may be, plus interest thereon from the due date at the Default Rate, (ii) all Base Rent and Additional Rent provided for in this Lease from the time of termination and/or reentry, as the case may be, until the date this Lease would have expired had a Default not occurred, plus interest thereon from the due date at the Default Rate, (iii) any and all expenses (including but not limited to reasonable attorneys' and brokerage fees) incurred by Landlord in reentering and repossessing the Premises, in correcting any default, in painting, altering or repairing the Premises in order to place the Premises in first-class rentable condition (whether or not the Premises are relet), in protecting and preserving the Premises and in reletting or attempting to relet the Premises, and (iv) any other amounts necessary to compensate Landlord for any other injury or detriment caused by the Default; , minus the net proceeds (after deducting any rental abatements, tenant improvement allowances and other concessions and inducements) actually received by Landlord, if any, from any reletting to the extent attributable to the period prior to the date this Lease would have expired had a Default not occurred. Landlord shall have the option to recover any damages sustained by Landlord either at the time of reletting, if any, or in separate actions from time to time as said damages shall have been made more easily ascertainable by successive relettings or, at Landlord's Landlords' option, to defer any such recovery until the date this Lease would have expired in the absence of a Default, in which event Tenant hereby agrees that the cause of action shall be deemed to have accrued on the aforesaid date. The provisions of this Section 19.C. shall be in addition to, and shall not prevent the enforcement of, any claim Landlord may have for anticipatory breach of this Lease.

Liability of Tenant. If Landlord terminates this Lease or reenters the Premises (with or without terminating this Lease)pursuant to Subsection B above, Tenant shall remain liable (in addition to all other liabilities of Tenant accrued at the time of the Defaultliabilities) for the sum of (i1) any unpaid Rent accrued prior to the time of termination and/or reentryAdjusted Base Rent, as the case may be, plus interest thereon from the due date at the Default Rate, (ii) all Base Additional Rent and Additional Rent any other sums provided for in this Lease from the time of termination and/or reentry, as the case may be, until the date this Lease would have expired had a Default such termination not occurred, plus interest thereon from the due date at the Default Rate, (iii) and any and all expenses (including but not limited to reasonable attorneys' attorney's fees, disbursements and brokerage fees) incurred by Landlord in reentering and repossessing the Premises, in correcting making good any defaultdefault of Tenant, in painting, altering altering, repairing or repairing dividing the Premises in order to place the Premises in first-class rentable condition (whether or not the Premises are relet)Premises, in protecting and preserving the Premises by use of watchmen and caretakers, and in reletting or attempting to relet the Premises, and any and all expenses which Landlord may incur during the occupancy of any new tenant; less (iv2) any other amounts necessary to compensate Landlord for any other injury or detriment caused by the Default; minus the net proceeds (after deducting any rental abatements, tenant improvement allowances and other concessions and inducements) actually received by Landlord, if any, from of any reletting to the extent attributable to the period prior to the date this Lease would have expired if it had a Default not occurredbeen terminated. Tenant agrees to pay to Landlord shall have the option to recover any damages sustained difference between items (1) and (2) above for each month during the Term, at the end of each such month. Any suit brought by Landlord either at the time to enforce collection of reletting, if any, or in separate actions from time to time as said damages such difference for any one month shall have been made more easily ascertainable by successive relettings or, at not prejudice Landlord's optionright to enforce the collection of any difference for any subsequent month. In addition to the foregoing, and without regard to defer any such recovery until the date whether this Lease would have expired in has been terminated, Tenant shall pay to Landlord all costs incurred by Landlord, including reasonable attorney's fees, with respect to any lawsuit or action instituted or taken by Landlord to enforce the absence of a Default, in which event Tenant hereby agrees that the cause of action shall be deemed to have accrued on the aforesaid date. The provisions of this Section 19.C. Lease. Tenant's liability shall be in addition to, survive the institution of summary proceedings and shall not prevent the enforcement of, issuance of any claim Landlord may have for anticipatory breach of this Leasewarrant thereunder.

Liability of Tenant. If Landlord terminates this Lease or reenters the Premises (with or without terminating this Lease), Tenant shall remain liable (in addition to all other liabilities of Tenant accrued at the time of the Default) for the sum of (i) any unpaid Rent accrued prior to the time of termination and/or reentry, as the case may be, plus interest thereon from the due date at the Default Rate, (ii) all Base Rent and Additional Rent provided for in this Lease from the time of termination and/or reentry, as the case may be, until the date this Lease would have expired had a Default not occurred, plus interest thereon from the due date at the Default Rate, . (iii) any and all expenses (including but not limited to reasonable attorneys' ’ and brokerage fees) incurred by Landlord in reentering and repossessing the Premises, in correcting any default, in painting, altering or repairing the Premises in order to place the Premises in first-class rentable condition (whether or not the Premises are relet), in protecting and preserving the Premises and in reletting or attempting to relet the Premises, and (iv) any other amounts necessary to compensate Landlord for any other injury or detriment caused by the Default; , minus the net proceeds (after deducting any rental abatements, tenant improvement allowances and other concessions and inducements) actually received by Landlord, if any, from any reletting to the extent attributable to the period prior to the date this Lease would have expired had a Default not occurred. Landlord shall have the option to recover any damages sustained by Landlord either at the time of reletting, if any, or in separate actions from time to time as said damages shall have been made more easily ascertainable by successive relettings or, at Landlord's ’s option, to defer any such recovery until the date this Lease would have expired in the absence of a Default, in which event Tenant hereby agrees that the cause of action shall be deemed to have accrued on the aforesaid date. The provisions of this Section 19.C. shall be in addition to, and shall not prevent the enforcement of, any claim Landlord may have for anticipatory breach of this Lease.

Liability of Tenant. If Landlord terminates this Lease or reenters the Premises pursuant to subparagraph (with or without terminating this Lease)b) above, Tenant shall remain liable (in addition to all other liabilities of Tenant accrued at the time of the Defaultliabilities) for the sum of (il) any unpaid Rent accrued prior to the time of termination and/or reentryadjusted Minimum Rent, as the case may be, plus interest thereon from the due date at the Default Rate, (ii) all Base Additional Rent and Additional Rent any other sums provided for in this Lease from the time of termination and/or reentry, as the case may be, until the date this Lease would have expired had a Default such termination not occurred, plus interest thereon from the due date at the Default Rate, (iii) and any and all expenses (including but not limited to reasonable attorneys' attorney's fees, disbursements and brokerage fees) incurred by Landlord in reentering and repossessing the Demised Premises, in correcting making good any defaultDefault of Tenant, in painting, altering altering, repairing or repairing dividing the Premises in order to place the Premises in first-class rentable condition (whether or not the Premises are relet)Demised Premises, in protecting and preserving the Demised Premises by use of watchmen and caretakers, and in reletting or attempting to relet the PremisesDemised Premises for the balance of the Term, and any and all expenses which Landlord may incur during the occupancy of any new tenant for the balance of the Term; less (iv2) any other amounts necessary to compensate Landlord for any other injury or detriment caused by the Default; minus the net proceeds (after deducting any rental abatements, tenant improvement allowances and other concessions and inducements) actually received by Landlord, if any, from of any reletting to the extent attributable to the period prior to the date this Lease would have expired if it had a Default not occurredbeen terminated. Tenant agrees to pay to Landlord shall have the option to recover any damages sustained difference between items (1) and (2) above for each month during the term, at the end of each such month. Any suit brought by Landlord either at the time to enforce collection of reletting, if any, or in separate actions from time to time as said damages such difference for any one month shall have been made more easily ascertainable by successive relettings or, at not prejudice Landlord's optionright to enforce the collection of any difference for any subsequent month. In addition to the foregoing, and without regard to defer any such recovery until the date whether this Lease would have expired in has been terminated, Tenant shall pay to Landlord all costs incurred by Landlord, including reasonable attorney's fees, with respect to any successful lawsuit or action instituted or taken by Landlord to enforce the absence of a Default, in which event Tenant hereby agrees that the cause of action shall be deemed to have accrued on the aforesaid date. The provisions of this Section 19.C. Lease. Tenant's liability shall be in addition to, survive the institution of summary proceedings and shall not prevent the enforcement of, issuance of any claim Landlord may have for anticipatory breach writ of this Leaserestitution thereunder.

Liability of Tenant. If Landlord terminates this Lease or reenters the Premises (with or without terminating pursuant to this Lease)Article 22, Tenant shall remain liable (in addition to all other liabilities of Tenant accrued at the time of the Defaultliabilities) for the sum of (i) any unpaid Rent accrued prior to the time of termination and/or reentry, as the case may be, plus interest thereon from the due date at the Default Rate, (ii) rental and all Base Rent and Additional Rent other sums provided for in this Lease from which would have been due and payable to Landlord had such termination not occurred, or any and all costs and expenses incurred by Landlord in reentering the time demised premises, repossessing the same, making good any default of termination and/or reentryTenant, as painting, altering or dividing the case demised premises, putting the same in proper repair, protecting and preserving the same by placing therein watchmen and caretakers, reletting the same (including any and all attorney's fees and disbursements and brokerage fees incurred in so doing), and any and all costs and expenses which Landlord may be, until incur during the occupancy of any new tenant or subtenant; less (ii) the net proceeds of any reletting prior to the date when this Lease would have expired if it had a Default not occurredbeen terminated. Xxxxxx agrees to pay to Landlord the difference between items (i) and (ii) to the foregoing sentence with respect to each month during the term of this Lease, plus interest thereon from the due date at the Default Rateend of such month. Any suit, (iii) any and all expenses (including but not limited to reasonable attorneys' and brokerage fees) incurred action or proceeding brought by Landlord in reentering to enforce collection of such difference for any one month shall not prejudice Landlord's right to enforce the collection of any difference for any subsequent month. In addition to the foregoing, and repossessing without regard to whether this Lease is terminated, Tenant shall pay to Landlord all costs and expenses incurred, including reasonable attorney's fees, with respect to any successful lawsuit or action instituted by Landlord to enforce the Premisesprovisions of this Lease. Landlord shall have the right, in correcting any defaultat its sole option, in painting, altering or repairing the Premises in order to place the Premises in first-class rentable condition (whether or not the Premises are relet), in protecting and preserving the Premises and in reletting or attempting to relet the Premiseswhole or any part of the demised premises for the whole of the unexpired term of this Lease, and (iv) any other amounts necessary or longer, or from time to compensate Landlord time for shorter periods, for any other injury or detriment caused by the Default; minus the net proceeds (after deducting rental then obtainable, giving such concessions of rental and making such special repairs, alterations, improvements, additions, decorations and paintings for any rental abatements, new tenant improvement allowances and other concessions and inducements) actually received by as Landlord, if anyin its sole and absolute discretion, may deem advisable. Tenant's liability as aforesaid shall survive the institution of summary proceedings and the issuance of any warrant thereunder. Landlord shall be under no obligation to relet the demised premises, but agrees to use reasonable efforts to do so. If Landlord terminates this Lease pursuant to this Article 22, Landlord shall have the right, at any time, at its option, to require Tenant to pay to Landlord, on demand, as liquidated and agreed final damages in lieu of Tenant's liability for damages hereunder, the rental and all other charges which would have been payable from any reletting to the extent attributable to the period prior date of such demand to the date when this Lease would have expired if it had a Default not occurredbeen terminated, minus the fair rental value of the demised premises for the same period. Landlord shall have If the option to recover any damages sustained by Landlord either at the time of reletting, if any, or in separate actions from time to time as said damages demised premises shall have been made more easily ascertainable relet for all or part of the remaining balance of the term by successive relettings orLandlord after a default but before presentation of proof of such liquidated damages, at Landlord's optionthe amount of rental reserved upon such reletting, absent proof to defer any such recovery until the date this Lease would have expired in the absence of a Defaultcontrary, in which event Tenant hereby agrees that the cause of action shall be deemed the fair rental value of the demised premises for purposes of the foregoing determination of liquidated damages. Upon payment of such liquidated and agreed final damages, Tenant shall be released from all further liability under this Lease with respect to have accrued on the aforesaid dateperiod after the date of such demand. The provisions For purposes of this Section 19.C. Article 22, the term rental shall include fixed monthly rental, additional rental and all other charges to be paid by Tenant under this Lease. All rights and remedies of Landlord under this Lease shall be in addition to, cumulative and shall not prevent the enforcement of, be exclusive of any claim other rights and remedies provided to Landlord may have for anticipatory breach of this Leaseunder applicable law.

Liability of Tenant. If Landlord terminates this Lease or reenters the Premises (with or without terminating this Lease), Tenant shall remain liable (in addition to all other liabilities of Tenant accrued at the time of the Default) for the sum of (i) any unpaid Rent accrued prior to the time of termination and/or reentry, as the case may be, plus interest thereon from the due date at the Default Rate, (ii) all Base Rent and Additional Rent provided for in this Lease from the time of termination and/or reentry, as the case may be, until the date this Lease would have expired had a Default not occurred, plus interest thereon from the due date at the Default Rate, (iii) any and all expenses (including but not limited to reasonable attorneys' and brokerage fees) incurred by Landlord in reentering and repossessing the Premises, in correcting any default, in painting, altering or repairing the Premises in order to place the Premises in first-class rentable condition (whether or not the Premises are relet), in protecting and preserving the Premises and in reletting or attempting to relet the Premises, and (iv) any other amounts necessary to compensate Landlord for any other injury or detriment caused by the Default; , minus the net proceeds (after deducting any rental abatements, tenant improvement allowances and other concessions and inducements) actually received by Landlord, if any, from any reletting to the extent attributable to the period prior to the date this Lease would have expired had a Default not occurred. Landlord shall have the option to recover any damages sustained by Landlord either at the time of reletting, if any, or in separate actions from time to time as said damages shall have been made more easily ascertainable by successive relettings or, at Landlord's option, to defer any such recovery until the date this Lease would have expired in the absence of a Default, in which event Tenant hereby agrees that the cause of action shall be deemed to have accrued on the aforesaid date. The provisions of this Section 19.C. shall be in addition to, and shall not prevent the enforcement of, any claim Landlord may have for anticipatory breach of this Lease.

Liability of Tenant. If Landlord terminates this Lease or reenters the Premises (with or without terminating this Lease)pursuant to Subsection B above, Tenant shall remain liable (in addition to all other liabilities of Tenant accrued at the time of the Defaultliabilities) for the sum of (i) any unpaid Rent accrued prior to earned at the time of termination and/or reentry, as the case may betermination, plus interest thereon from the due date at the rate ("Default Rate") of ten percent (10%) per annum or two percent (2%) per annum above the prime rate of interest announced from time to time by the Bank of America (or such other bank that may serve from time to time as the lead bank for the Landlord), whichever is higher; provided, however, that if such interest is limited by law to a lesser amount, Landlord shall be entitled to the maximum amount of interest permitted by law, (ii) all Base Rent and Additional Rent any other sums provided for in this Lease from the time of termination and/or reentry, as the case may be, until the date this Lease would have expired had a Default such termination not occurred, plus interest thereon from the due date at the Default Rate, (iii) any and all expenses (including including, but not limited to reasonable attorneys' to, attorney's fees and brokerage fees) incurred by Landlord in reentering and repossessing the Premises, in correcting curing any defaultDefault by Tenant, in painting, altering altering, repairing or repairing dividing the Premises in order to place the Premises in first-class rentable condition (whether or not the Premises are relet)Premises, in protecting and preserving the Premises by use of watchmen and caretakers, and in reletting or attempting to relet the Premises, and (iv) any other amounts amount necessary to compensate Landlord for any other injury or detriment caused loss suffered by the Default; minus Landlord by Tenant's failure to perform its obligations under this Lease (excluding consequential damages), less the net proceeds (after deducting any rental abatements, tenant improvement allowances and other concessions and inducements) actually received by Landlord, if any, Landlord from any reletting to the extent attributable to the period prior to the date this Lease would have expired if it had a Default not occurredbeen terminated. Tenant agrees to pay to Landlord shall have the option to recover any damages sustained amount so owed above for each month during the term, at the end of each such month. Any suit brought by Landlord either at the time to enforce collection of reletting, if any, or in separate actions from time to time as said damages such amount for any one month shall have been made more easily ascertainable by successive relettings or, at not prejudice Landlord's option, right to defer enforce the collection of any such recovery until amount for any subsequent month. In addition to the date foregoing, and without regard to whether this Lease would have expired in has been terminated, Tenant shall pay to Landlord all costs incurred by Landlord, including attorney's fees, with respect to any lawsuit or action instituted or taken by Landlord to enforce the absence of a Default, in which event Tenant hereby agrees that the cause of action shall be deemed to have accrued on the aforesaid date. The provisions of this Section 19.C. Lease. Tenant's liability shall be in addition to, survive the institution of summary proceedings and shall not prevent the enforcement of, any claim Landlord may have for anticipatory breach issuance of this Leasea warrant thereunder.

Liability of Tenant. If Landlord terminates this Lease or reenters the Premises (with or without terminating this Lease), Tenant shall remain liable (in addition to all other liabilities of Tenant accrued at the time of the Default) for the sum of (i) any unpaid Rent accrued prior to the time of termination and/or reentry, as the case may be, plus interest thereon from the due date at the Default Rate, (ii) all Base Rent and Additional Rent provided for in this Lease from the time of termination and/or reentry, as the case may be, until the date this Lease would have expired had a Default not occurred, plus interest thereon from the due date at the Default Rate, (iii) any and all expenses (including but not limited to reasonable attorneys' ’ and brokerage fees) incurred by Landlord in reentering and repossessing the Premises, in correcting any default, in painting, altering or repairing the Premises in order to place the Premises in first-class rentable condition (whether or not the Premises are relet), in protecting and preserving the Premises and in reletting or attempting to relet the Premises, and (iv) any other amounts necessary to compensate Landlord for any other injury or detriment caused by the Default; , minus the net proceeds (after deducting any rental abatements, tenant improvement allowances and other concessions and inducements) actually received by Landlord, if any, from any reletting to the extent attributable to the period prior to the date this Lease would have expired had a Default not occurred. Landlord shall have the option to recover any damages sustained by Landlord either at the time of reletting, if any, or in separate actions from time to time as said damages shall have been made more easily ascertainable by successive relettings or, at Landlord's ’s option, to defer any such recovery until the date this Lease would have expired in the absence of a Default, in which event Tenant hereby agrees that the cause of action shall be deemed to have accrued on the aforesaid date. The provisions of this Section 19.C. shall be in addition to, and shall not prevent the enforcement of, any claim Landlord may have for anticipatory breach of this Lease.

Liability of Tenant. If Landlord terminates this Lease or reenters the Premises (with or without terminating this Lease), Tenant shall remain liable (in addition to all other liabilities of Tenant accrued at the time of the Default) for the sum of (i) any unpaid Rent accrued prior to the time of termination and/or reentry, as the case may be, plus interest thereon from the due date at the Default Rate, (ii) all Base Rent and Additional Rent provided for in this Lease from the time of termination and/or reentry, as the case may be, until the date this Lease would have expired had a Default not occurred, plus interest thereon from the due date at the Default Rate, (iii) any and all expenses (including but not limited to reasonable attorneys' ’ and brokerage fees) incurred by Landlord in reentering and repossessing the Premises, in correcting any default, in painting, altering or repairing the Premises in order to place the Premises in first-class rentable condition condition, (whether or not the Premises are relet), in protecting and preserving the Premises and in reletting or attempting to relet the Premises, and (iv) any other amounts necessary to compensate Landlord for any other injury or detriment caused by the Default; , minus the net proceeds (after deducting any rental abatements, tenant improvement allowances and other concessions and inducements) actually received by Landlord, if any, from any reletting to the extent attributable to the period prior to the date this Lease would have expired had a Default not occurred. Landlord shall have the option to recover any damages sustained by Landlord either at the time of reletting, if any, or in separate actions from time to time as said damages shall have been made more easily ascertainable by a successive relettings or, at Landlord's ’s option, to defer any such recovery until the date this Lease would have expired in the absence of a Default, in which event Tenant hereby agrees that the cause of action shall be deemed to have accrued on the aforesaid date. The provisions of this Section 19.C. shall be in addition to, and shall not prevent the enforcement of, any claim Landlord may have for anticipatory breach of this Lease.