Common use of Re-Entry Without Termination Clause in Contracts

Re-Entry Without Termination. If Landlord terminates Tenant’s right to possession when an Event of Default exists, Tenant agrees to surrender possession of the premises to Landlord free of all rights of occupancy and in the condition this Lease requires at the end of the term. If Landlord terminates Tenant’s right to possession and Tenant does not surrender possession free of all rights of occupancy, Landlord may evict Tenant and any other occupant in accordance with California law without being liable for prosecution or any claim for damages. No eviction, and no reentry or accepting or taking possession of the premises by Landlord is an election by Landlord to terminate this Lease, and Tenant waives any claim that Landlord has terminated this Lease unless Landlord delivers an express written notice to Tenant that it is terminating this Lease. As allowed by law and without waiving any of Tenant’s statutory rights to the contrary, upon any termination of Tenant’s right to possession of the premises without terminating this Lease, Landlord may, at Landlord’s sole option, enter the premises, remove Tenant’s signs and other evidences of tenancy, and take and hold possession of the premises without the entry and possession terminating this Lease or releasing Tenant, in whole or in part, from any obligation, including Tenant’s obligation to pay rent, for the full Term. Landlord may, but need not, re-lease all or any part of the premises for any rent and on any terms in its sole discretion, including re-leasing the premises as part of a larger area and changing the character or the use of the premises, and Landlord is not required to accept any proposed replacement tenant that Tenant offers, or to observe any instructions Tenant gives about re-leasing. Landlord may repair and alter the premises to the extent Landlord deems necessary or desirable, in its reasonable discretion. All rent and other sums Landlord receives from any re-leasing will be applied as follows: first, to any indebtedness other than rent that Tenant owes Landlord; second, to pay for repairs to the Premise; third, to pay Landlord’s reasonable expenses of re-leasing, including unamortized broker commissions, reasonable attorney fees, and reasonable lease inducements, such as moving allowances; fourth, to rent that is due or past due; and Landlord will hold the rest, if any, and apply it to future rent that comes due. If the rent Landlord receives from re-leasing during any month is less than the rent Tenant owes under this Lease for that month, Tenant agrees to pay the deficiency to Landlord, on a monthly basis. Notwithstanding any re-entry by Landlord, Landlord may at any later time terminate this Lease for the previous breach by giving Tenant a written termination notice. If Landlord evicts Tenant, Landlord agrees to list the premises for lease with a broker and to consider any offer to lease in the ordinary course of business as if this Lease had expired when scheduled and Tenant had no remaining obligations to Landlord. Tenant agrees that doing so will satisfy any obligation Landlord has to mitigate its damages and waives any other mitigation obligation.

Re-Entry Without Termination. If Landlord terminates Tenant’s right to possession when an Event of Default exists, Tenant agrees to surrender possession of Lessor may re-enter the premises to Landlord free of all rights of occupancy and in the condition this Lease requires at the end of the term. If Landlord terminates Tenant’s right to possession and Tenant does not surrender possession free of all rights of occupancy, Landlord may evict Tenant and any other occupant in accordance with California law without being liable for prosecution or any claim for damages. No eviction, and no reentry or accepting or taking possession of the premises by Landlord is an election by Landlord to terminate this Lease, and Tenant waives any claim that Landlord has terminated this Lease unless Landlord delivers an express written notice to Tenant that it is terminating this Lease. As allowed by law and without waiving any of Tenant’s statutory rights to the contrary, upon any termination of Tenant’s right to possession of the premises Leased Premises ---------------------------- without terminating this Lease, Landlord may, at Landlord’s sole option, enter and remove all persons and property from the premises, remove Tenant’s signs and other evidences of tenancyLeased Premises, and take and hold possession of relet the premises without the entry and possession terminating this Lease or releasing Tenant, in whole or in part, from any obligation, including Tenant’s obligation to pay rent, for the full Term. Landlord may, but need not, re-lease all Leased Premises or any part thereof for the account of Lessee, for such time (which may be for a term extending beyond the premises for any rent Lease Term) and on any upon such terms as Lessor in its Lessor's sole discretion, including re-leasing the premises as part of a larger area and changing the character or the use of the premisesdiscretion shall determine, and Landlord is Lessor shall not be required to accept any proposed replacement tenant that Tenant offers, lessee offered by Lessee or to observe any instructions Tenant gives about re-leasinggiven by Lessee relative to such reletting. Landlord In the event of any such reletting, Lessor may repair make repairs, alterations and alter additions in or to the premises Leased Premises and redecorate the same to the extent Landlord deems deemed necessary or desirabledesirable by Lessor and in connection therewith change the locks to the Leased Premises, in its reasonable discretionand Lessee shall upon demand pay the cost thereof together with Lessor's expenses of reletting. All rent and other sums Landlord receives Lessor may collect the Total Rentals from any re-leasing will be applied as follows: first, to any indebtedness other than rent that Tenant owes Landlord; second, to pay for repairs such reletting and apply the same first to the Premise; third, to pay Landlord’s reasonable payment of the expenses of re-leasingentry, including unamortized broker commissionsredecoration, reasonable attorney feesrepairs and alterations and the expenses of reletting and second to the payment of Total Rental herein provided to be paid by Lessee, and reasonable lease inducements, any excess or residue shall operate only as an offsetting credit against the amount of Total Rental as the same thereafter becomes due and payable hereunder. No such as moving allowances; fourth, to rent that is due or past due; and Landlord will hold the rest, if any, and apply it to future rent that comes due. If the rent Landlord receives from re-leasing during any month is less than the rent Tenant owes under this Lease for that month, Tenant agrees to pay the deficiency to Landlord, on a monthly basis. Notwithstanding any re-entry by Landlordor repossession, Landlord may at any later time repairs, alterations and additions or reletting shall be construed as an eviction or ouster of Lessee or as an election on Lessor's part to terminate this Lease for the previous breach by giving Tenant unless a written termination notice. If Landlord evicts Tenantnotice of such intention be given to Lessee, Landlord agrees nor shall the same operate to list release the premises Lessee in whole or in part from any of the Lessee's obligations hereunder, and Lessor may, at any time and, from time to time, xxx and recover judgment for lease with a broker and any deficiencies from time to consider time remaining after the application from time to time of the proceeds of any offer to lease in the ordinary course of business as if this Lease had expired when scheduled and Tenant had no remaining obligations to Landlord. Tenant agrees that doing so will satisfy any obligation Landlord has to mitigate its damages and waives any other mitigation obligationsuch reletting.

Re-Entry Without Termination. If In the event of a Monetary Default or a Type I Non-Monetary Default only, Landlord terminates may, without terminating the Lease, enter onto the Premises with due process of law, and expel, remove or put out Tenant and/or any other persons who may be thereon, and remove any and all personal property found therein. In such event, Landlord (a) shall make reasonable efforts to re- let the Premises for the account of Tenant at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable, with Tenant remaining liable for any deficiency, and (b) shall have the right to repair, renovate, remodel, redecorate, alter and change the Premises as Landlord deems desirable. In such case, Tenant shall also be liable to Landlord for any expenses incurred by Landlord in re-letting the Premises, including, but not limited to, attorneys’ fees, advertising expenses, brokerage fees and/or the cost of putting the Premises in good order and preparing the same for re-rental. At Landlord’s option, any rents received by Landlord from any re-letting of the Premises may be applied to Tenant’s right account in the following order: (1) first, to possession when an Event the payment of Default exists, any indebtedness of Tenant agrees to surrender possession of the premises to Landlord free other than Rent; (2) second, to the payment of all rights any costs and expenses of occupancy said re-letting; and (3) third, to the payment of Rent due and to become due to Landlord under this Lease. Tenant shall pay any deficiency to Landlord monthly and any payment made for any month or months shall not prejudice in any way the condition right of Landlord to collect the deficiency for any subsequent month. Separate actions may be maintained by Landlord against Tenant from time to time to recover any damages which, at the commencement of any action, are then due and payable to Landlord under this Lease requires at Section 21.3 without waiting until the end of the termTerm of this Lease. If Landlord terminates Tenant’s shall have the right to possession allow deficiencies to accumulate and Tenant does not surrender possession free of all rights of occupancy, Landlord may evict Tenant and any other occupant in accordance with California law without being liable to bring an action for prosecution or any claim for damagesseveral accrued deficiencies at one time. No eviction, and no reentry or accepting or taking possession of the premises by Landlord is an election Any suit brought by Landlord to terminate collect one or more deficiencies shall not prejudice in any way the right of Landlord to bring a similar action for any subsequent deficiency or deficiencies. Should Landlord initially elect to proceed under this Lease, and Tenant waives any claim that Landlord has terminated this Lease unless Landlord delivers an express written notice to Tenant that it is terminating this Lease. As allowed by law and without waiving any of Tenant’s statutory rights to the contrary, upon any termination of Tenant’s right to possession of the premises without terminating this LeaseSection 21.3, Landlord may, at Landlord’s sole optionany time thereafter, enter elect to terminate the premises, remove Tenant’s signs and other evidences of tenancy, and take and hold possession of the premises without the entry and possession terminating this Lease or releasing Tenant, as provided in whole or in part, from any obligation, including Tenant’s obligation to pay rent, for the full Term. Landlord may, but need not, re-lease all or any part of the premises for any rent and on any terms in its sole discretion, including re-leasing the premises as part of a larger area and changing the character or the use of the premises, and Landlord is not required to accept any proposed replacement tenant that Tenant offers, or to observe any instructions Tenant gives about re-leasing. Landlord may repair and alter the premises to the extent Landlord deems necessary or desirable, in its reasonable discretion. All rent and other sums Landlord receives from any re-leasing will be applied as follows: first, to any indebtedness other than rent that Tenant owes Landlord; second, to pay for repairs to the Premise; third, to pay Landlord’s reasonable expenses of re-leasing, including unamortized broker commissions, reasonable attorney fees, and reasonable lease inducements, such as moving allowances; fourth, to rent that is due or past due; and Landlord will hold the rest, if any, and apply it to future rent that comes due. If the rent Landlord receives from re-leasing during any month is less than the rent Tenant owes under this Lease for that month, Tenant agrees to pay the deficiency to Landlord, on a monthly basis. Notwithstanding any re-entry by Landlord, Landlord may at any later time terminate this Lease for the previous breach by giving Tenant a written termination notice. If Landlord evicts Tenant, Landlord agrees to list the premises for lease with a broker and to consider any offer to lease in the ordinary course of business as if this Lease had expired when scheduled and Tenant had no remaining obligations to Landlord. Tenant agrees that doing so will satisfy any obligation Landlord has to mitigate its damages and waives any other mitigation obligationSection 21.2 above.

Re-Entry Without Termination. If Landlord terminates Tenant’s right to possession when an Event of Default exists, Tenant agrees to surrender possession of the premises to Landlord free of all rights of occupancy and in the condition this Lease requires at the end of the term. If Landlord terminates Tenant’s right to possession and Tenant does not surrender possession free of all rights of occupancy, Landlord may evict Tenant and any other occupant in accordance with California law without being liable for prosecution or any claim for damages. No eviction, and no reentry or accepting or taking possession of the premises by Landlord is an election by Landlord to terminate this Lease, and Tenant waives any claim that Landlord has terminated this Lease unless Landlord delivers an express written notice to Tenant that it is terminating this Lease. As allowed by law and without waiving any of Tenant’s statutory rights to the contrary, upon (i) Upon any termination of Tenant’s 's right to possession of the premises Premises without terminating termination of this LeaseLease Agreement, Landlord may, at Landlord’s sole 's option, enter into the premisesPremises, remove Tenant’s 's signs and other evidences of tenancy, and take and hold possession of the premises thereof as provided in subparagraph (B) above, without the such entry and possession terminating this Lease Agreement or releasing Tenant, in whole or in part, from any obligation, including Tenant’s 's obligation to pay rentthe Base Rent, Additional Rent and all other sums payable by Tenant hereunder, for the full Term. term. (ii) Landlord may, but need not, re-lease all not relet the Premises or any part of the premises thereof for any such rent and on any upon such terms as Landlord, in its sole discretion, shall determine (including re-leasing the premises right to relet the Premises as part of a larger area and changing the right to change the character or the use made of the premisesPremises), and Landlord is shall not be required to accept any proposed replacement tenant that offered by Tenant offers, or to observe any instructions given by Tenant gives about re-leasingsuch reletting. In any such case, Landlord may repair make repairs, minor alterations and alter additions in or to the premises Premises, and redecorate the same to the extent Landlord deems necessary or desirable, in its reasonable discretion. All rent sole discretion and other sums Landlord receives from any re-leasing will be applied as follows: firstTenant shall, to any indebtedness other than rent that Tenant owes upon demand, pay the cost thereof, together with Landlord; second, to pay for repairs to the Premise; third, to pay Landlord’s reasonable 's expenses of re-leasingreletting, including unamortized broker commissionsincluding, reasonable attorney feeswithout limitation, and reasonable lease inducementsany broker's commission, such as moving allowances; fourth, to rent that is due or past due; and Landlord will hold the rest, if any, and apply it to future rent that comes dueincurred by Landlord. If the rent consideration collected by Landlord receives upon any such reletting plus any sums previously collected from re-leasing during any month is less than the rent Tenant owes under this Lease for that month, Tenant agrees are not sufficient to pay the deficiency to Landlordfull amount of the Base Rent, on a monthly basis. Notwithstanding any re-entry by Landlord, Landlord may at any later time terminate Additional Rent and all other sums reserved in this Lease Agreement for the previous breach by giving remaining term hereof, together with the costs of repairs, such alterations, additions, redecorating, and Landlord's expenses of reletting and the collection of the rent accruing therefrom (including attorneys' fees and brokers' commissions), Tenant a written termination notice. If shall pay to Landlord evicts Tenantthe amount of such deficiency upon demand, Landlord agrees to list the premises for lease with a broker and to consider any offer to lease in the ordinary course of business as if this Lease had expired when scheduled and Tenant had no remaining obligations to Landlord. Tenant agrees that doing so will satisfy Landlord may file suit to recover any obligation Landlord has sums falling due under this subparagraph from time to mitigate its damages and waives any other mitigation obligation.time;

Re-Entry Without Termination. If Landlord terminates Tenant’s right to possession when an Event of Default exists, Tenant agrees to surrender possession of Lessor may re-enter the premises to Landlord free of all rights of occupancy and in the condition this Lease requires at the end of the term. If Landlord terminates Tenant’s right to possession and Tenant does not surrender possession free of all rights of occupancy, Landlord may evict Tenant and any other occupant in accordance with California law without being liable for prosecution or any claim for damages. No eviction, and no reentry or accepting or taking possession of the premises by Landlord is an election by Landlord to terminate this Lease, and Tenant waives any claim that Landlord has terminated this Lease unless Landlord delivers an express written notice to Tenant that it is terminating this Lease. As allowed by law and without waiving any of Tenant’s statutory rights to the contrary, upon any termination of Tenant’s right to possession of the premises Leased Premises ---------------------------- without terminating this Lease, Landlord may, at Landlord’s sole option, enter and remove all persons and property from the premises, remove Tenant’s signs and other evidences of tenancyLeased Premises, and take and hold possession of relet the premises without the entry and possession terminating this Lease or releasing Tenant, in whole or in part, from any obligation, including Tenant’s obligation to pay rent, for the full Term. Landlord may, but need not, re-lease all Leased Premises or any part thereof for the account of Lessee, for such time (which may be for a term extending beyond the premises for any rent Lease Term) and on any upon such terms as Lessor in its Lessor's sole discretion, including re-leasing the premises as part of a larger area and changing the character or the use of the premisesdiscretion shall determine, and Landlord is Lessor shall not be required to accept any proposed replacement tenant that Tenant offers, lessee offered by Lessee or to observe any instructions Tenant gives about re-leasinggiven by Lessee relative to such reletting. Landlord In the event of any such reletting, Lessor may repair make repairs, alterations and alter additions in or to the premises Leased Premises and redecorate the same to the extent Landlord deems deemed necessary or desirabledesirable by Lessor and in connection therewith change the locks to the Leased Premises, in its reasonable discretionand Lessee shall upon demand pay the cost thereof together with Lessor's expenses of reletting. All rent and other sums Landlord receives Lessor may collect the Total Rentals from any re-leasing will be applied as follows: first, to any indebtedness other than rent that Tenant owes Landlord; second, to pay for repairs such reletting and apply the same first to the Premise; third, to pay Landlord’s reasonable payment of the expenses of re-leasingentry, including unamortized broker commissionsredecoration, reasonable attorney feesrepairs and alterations and the expenses of reletting and second to the payment of Total Rental herein provided to be paid by Lessee, and reasonable lease inducements, any excess or residue shall operate only as an offsetting credit against the amount of Total Rental as the same thereafter becomes due and payable hereunder. No such as moving allowances; fourth, to rent that is due or past due; and Landlord will hold the rest, if any, and apply it to future rent that comes due. If the rent Landlord receives from re-leasing during any month is less than the rent Tenant owes under this Lease for that month, Tenant agrees to pay the deficiency to Landlord, on a monthly basis. Notwithstanding any re-entry by Landlordor repossession, Landlord may at any later time repairs, alterations and additions or reletting shall be construed as an eviction or ouster of Lessee or as an election on Lessor's part to terminate this Lease for the previous breach by giving Tenant unless a written termination notice. If Landlord evicts Tenantnotice of such intention be given to Lessee, Landlord agrees nor shall the same operate to list release the premises Lessee in whole or in part from any of the Lessee's obligations hereunder, and Lessor may, at any time and, from time to time, sue and recover judgment for lease with a broker and any deficiencies from time to consider timx xemaining after the application from time to time of the proceeds of any offer to lease in the ordinary course of business as if this Lease had expired when scheduled and Tenant had no remaining obligations to Landlord. Tenant agrees that doing so will satisfy any obligation Landlord has to mitigate its damages and waives any other mitigation obligationsuch reletting.

Re-Entry Without Termination. If Landlord terminates Tenant’s right to possession when an Event of Default exists, Tenant agrees to surrender possession of the premises to Landlord free of all rights of occupancy and in the condition this Lease requires at the end of the term. If Landlord terminates Tenant’s right to possession and Tenant does not surrender possession free of all rights of occupancy, Landlord may evict Tenant and any other occupant in accordance with California law without being liable for prosecution or any claim for damages. No eviction, and no reentry or accepting or taking possession of re-enter the premises by Landlord is an election by Landlord to terminate this Lease, and Tenant waives any claim that Landlord has terminated this Lease unless Landlord delivers an express written notice to Tenant that it is terminating this Lease. As allowed by law and without waiving any of Tenant’s statutory rights to the contrary, upon any termination of Tenant’s right to possession of the premises Premises without terminating this Lease, and remove all persons and property from the Premises, and relet the Premises or any part thereof for the account of Tenant, for such time (which may be for a term extending beyond the Term) and upon such terms as Landlord may, at in Landlord’s sole option, enter the premises, remove Tenant’s signs and other evidences of tenancy, and take and hold possession of the premises without the entry and possession terminating this Lease or releasing Tenant, in whole or in part, from any obligation, including Tenant’s obligation to pay rent, for the full Term. Landlord may, but need not, re-lease all or any part of the premises for any rent and on any terms in its sole discretion, including re-leasing the premises as part of a larger area and changing the character or the use of the premisesdiscretion shall determine, and Landlord is shall not be required to accept any proposed replacement tenant that Tenant offers, offered by Tenant or to observe any instructions given by Tenant gives about re-leasingrelative to such reletting. In the event of any such reletting, Landlord may make repairs, alterations and additions in or to the Premises and redecorate the same to the extent deemed necessary or desirable by Landlord and in connection therewith change the locks to the Premises, and Tenant shall upon demand pay the cost of putting the Premises into the condition required for redelivery as stated in Section 26 above, together with Landlord’s expenses of reletting. Landlord may repair collect the Rent from any such reletting and alter apply the premises same first to the extent Landlord deems necessary or desirable, in its reasonable discretion. All rent and other sums Landlord receives from any re-leasing will be applied as follows: first, to any indebtedness other than rent that Tenant owes Landlord; second, to pay for repairs to payment of the Premise; third, to pay Landlord’s reasonable expenses of re-leasingentry, including unamortized broker commissionsredecoration, reasonable attorney feesrepairs and alterations and the expenses of reletting and second to the payment of Rental herein provided to be paid by Tenant, and reasonable lease inducements, any excess or residue shall operate only as an offsetting credit against the amount of Rental as the same thereafter becomes due and payable hereunder. No such as moving allowances; fourth, to rent that is due or past due; and Landlord will hold the rest, if any, and apply it to future rent that comes due. If the rent Landlord receives from re-leasing during any month is less than the rent Tenant owes under this Lease for that month, Tenant agrees to pay the deficiency to Landlord, on a monthly basis. Notwithstanding any re-entry by or repossession, repairs, alterations and additions or reletting shall be construed as an eviction or ouster of Tenant or as an election on Landlord, Landlord may at any later time ’s part to terminate this Lease for the previous breach by giving Tenant unless a written termination notice. If Landlord evicts notice of such intention be given to Tenant, nor shall the same operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder, and Landlord agrees may, at any time and, from time to list time, xxx and recover judgment for any deficiencies from time to time remaining after the premises for lease with a broker and application from time to consider time of the proceeds of any offer to lease in the ordinary course of business as if this Lease had expired when scheduled and Tenant had no remaining obligations to Landlord. Tenant agrees that doing so will satisfy any obligation Landlord has to mitigate its damages and waives any other mitigation obligationsuch reletting.

Re-Entry Without Termination. If Landlord terminates Tenant’s right to possession when an Event of Default exists, Tenant agrees to surrender possession of Lessor may re-enter the premises to Landlord free of all rights of occupancy and in the condition this Lease requires at the end of the term. If Landlord terminates Tenant’s right to possession and Tenant does not surrender possession free of all rights of occupancy, Landlord may evict Tenant and any other occupant in accordance with California law without being liable for prosecution or any claim for damages. No eviction, and no reentry or accepting or taking possession of the premises by Landlord is an election by Landlord to terminate this Lease, and Tenant waives any claim that Landlord has terminated this Lease unless Landlord delivers an express written notice to Tenant that it is terminating this Lease. As allowed by law and without waiving any of Tenant’s statutory rights to the contrary, upon any termination of Tenant’s right to possession of the premises Leased Premises without terminating this Lease, Landlord may, at Landlord’s sole option, enter and remove all persons and property from the premises, remove Tenant’s signs and other evidences of tenancyLeased Premises, and take and hold possession of relet the premises without the entry and possession terminating this Lease or releasing Tenant, in whole or in part, from any obligation, including Tenant’s obligation to pay rent, for the full Term. Landlord may, but need not, re-lease all Leased Premises or any part thereof for the account of Lessee, for such time (which may be for a term extending beyond the premises for any rent Lease Term) and on any upon such terms as Lessor in its sole discretion, including re-leasing the premises as part of a larger area and changing the character or the use of the premisesLessor’s reasonable discretion shall determine, and Landlord is Lessor shall not be required to accept any proposed replacement tenant that Tenant offers, lessee offered by Lessee or to observe any instructions Tenant gives about re-leasinggiven by Lessee relative to such reletting. Landlord In the event of any such reletting, Lessor may repair make repairs, alterations and alter additions in or to the premises Leased Premises and redecorate the same to the extent Landlord deems deemed necessary or desirabledesirable by Lessor and in connection therewith change the locks to the Leased Premises, in its reasonable discretionand Lessee shall upon demand pay the cost thereof together with Lessor’s expenses of reletting. All rent and other sums Landlord receives Lessor may collect the Total Rentals from any re-leasing will be applied as follows: first, to any indebtedness other than rent that Tenant owes Landlord; second, to pay for repairs such reletting and apply the same first to the Premise; third, to pay Landlord’s reasonable payment of the expenses of re-leasingentry, including unamortized broker commissionsredecoration, reasonable attorney feesrepairs and alterations and the expenses of reletting and second to the payment of Total Rental herein provided to be paid by Lessee, and reasonable lease inducements, any excess or residue shall operate only as an offsetting credit against the amount of Total Rental as the same thereafter becomes due and payable hereunder. No such as moving allowances; fourth, to rent that is due or past due; and Landlord will hold the rest, if any, and apply it to future rent that comes due. If the rent Landlord receives from re-leasing during any month is less than the rent Tenant owes under this Lease for that month, Tenant agrees to pay the deficiency to Landlord, on a monthly basis. Notwithstanding any re-entry by Landlordor repossession, Landlord may at any later time repairs, alterations and additions or reletting shall be construed as an eviction or ouster of Lessee or as an election on Lessor’s part to terminate this Lease for the previous breach by giving Tenant unless a written termination notice. If Landlord evicts Tenantnotice of such intention be given to Lessee, Landlord agrees nor shall the same operate to list release the premises Lessee in whole or in part from any of the Lessee’s obligations hereunder, and Lessor may, at any time and, from time to time, xxx and recover judgment for lease with a broker and any deficiencies from time to consider time remaining after the application from time to time of the proceeds of any offer to lease in the ordinary course of business as if this Lease had expired when scheduled and Tenant had no remaining obligations to Landlord. Tenant agrees that doing so will satisfy any obligation Landlord has to mitigate its damages and waives any other mitigation obligationsuch reletting.

Re-Entry Without Termination. If Landlord terminates Tenant’s right to possession when an Event of Default exists, Tenant agrees to surrender possession of the premises to Landlord free of all rights of occupancy and in the condition this Lease requires at the end of the term. If Landlord terminates Tenant’s right to possession and Tenant does not surrender possession free of all rights of occupancy, Landlord may evict Tenant and any other occupant in accordance with California law without being liable for prosecution or any claim for damages. No eviction, and no reentry or accepting or taking possession of the premises by Landlord is an election by Landlord to terminate this Lease, and Tenant waives any claim that Landlord has terminated this Lease unless Landlord delivers an express written notice to Tenant that it is terminating this Lease. As allowed by law and without waiving any of Tenant’s statutory rights to the contrary, upon Upon any termination of Tenant’s 's right to possession of the premises Premises without terminating termination of this Lease, Landlord may, at Landlord’s sole 's option, enter into the premisesPremises pursuant to applicable law, remove Tenant’s all signs and other evidences evidence of Tenant's tenancy, remove all property from the Premises and store such property in a public warehouse or elsewhere, at the cost of, and for the account of Tenant, and take and hold possession of the premises without the Premises without: (1) being deemed guilty of trespass; (2) becoming liable for any loss or damage which may be occasioned by such entry and and/or possession; (3) such entry and/or possession terminating this Lease or Lease; and (4) releasing Tenant, in whole or in part, from any obligation, including Tenant’s 's obligation to pay rent, Rent for the full Term. Landlord may, but need not, re-lease all relet the Premises or any part of the premises thereof for any such rent and on any upon such terms as Landlord, in its sole discretion, shall determine (including re-leasing the premises right to relet the Premises as part of a larger area and changing area, the right to change the character or the use made of the premisesPremises, and the right to lease all or any portion of the Premises for a term extending beyond the Term of this Lease), and Landlord is shall not be required to accept any proposed replacement tenant that offered by Tenant offers, or to observe any instructions given by Tenant gives about re-leasingsuch reletting. In any such case, Landlord may repair make repairs, alterations and alter additions in or to the premises Premises, and redecorate the same to the extent Landlord deems necessary or desirable, in its reasonable sole discretion. All rent rentals and other sums received by Landlord receives from any re-leasing will such reletting shall be applied as follows: first, to the payment of any indebtedness other than rent that Rent due hereunder from Tenant owes to Landlord; second, to pay for repairs to the Premisepayment of any costs and expenses of such alterations and repairs; third, to pay the payment of Landlord’s reasonable 's expenses of re-leasingreletting, including unamortized broker including, without limitation, broker's commissions, reasonable attorney fees, attorneys' fees and reasonable lease inducements, such as moving or leasehold improvement allowances; fourth, to rent that is due or past duethe payment of Rent; and Landlord will hold the restresidue, if any, shall be held by Landlord and apply it to applied in payment of future rent that comes dueRent as the same may become due and payable hereunder. If the rent Landlord receives such rentals and other sums received from re-leasing such reletting during any month is be less than the rent Rent to be paid during said month by Tenant owes under this Lease for that monthhereunder, Tenant agrees to shall pay the such deficiency to Landlord, on a monthly basis. Such deficiency shall be calculated and paid monthly. Notwithstanding any such re-entry and possession by Landlord, Landlord may at any later time hereafter elect to terminate this Lease for the such previous breach by giving Tenant a written termination notice. If Landlord evicts Tenant, Landlord agrees to list the premises for lease with a broker and to consider any offer to lease in the ordinary course of business as if this Lease had expired when scheduled and Tenant had no remaining obligations to Landlord. Tenant agrees that doing so will satisfy any obligation Landlord has to mitigate its damages and waives any other mitigation obligationbreach.

Re-Entry Without Termination. If Landlord terminates Tenant’s right to possession when an Event of Default exists, Tenant agrees to surrender possession of the premises to Landlord free of all rights of occupancy and in the condition this Lease requires at the end of the term. If Landlord terminates Tenant’s right to possession and Tenant does not surrender possession free of all rights of occupancy, Landlord may evict Tenant and any other occupant in accordance with California law without being liable for prosecution or any claim for damages. No eviction, and no reentry or accepting or taking possession of the premises by Landlord is an election by Landlord to terminate this Lease, and Tenant waives any claim that Landlord has terminated this Lease unless Landlord delivers an express written notice to Tenant that it is terminating this Lease. As allowed by law and without waiving any of Tenant’s statutory rights to the contrary, upon Upon any termination of Tenant’s 's right to possession of the premises Premises without terminating termination of this Lease, Landlord may, at Landlord’s sole 's option, enter into the premisesPremises, remove Tenant’s 's signs and other evidences evidence of tenancy, and take and hold possession of the premises thereof without the such entry and possession terminating this Lease or releasing Tenant, in whole or in part, from any obligation, including Tenant’s 's obligation to pay rentBase Rent, its Proportionate Share of Operating Costs and all other sums payable by Tenant hereunder, for the full Lease Term. Landlord may, but need not, re-lease all relet the Premises or any part of the premises thereof for any such rent and on any upon such terms as Landlord, in its sole discretion, shall determine (including re-leasing the premises right to relet the Premises as part of a larger area and changing the right to change the character or the use made of the premisesPremises), and Landlord is shall not be required to accept any proposed replacement tenant that offered by Tenant offers, or to observe any instructions given by Tenant gives about re-leasingsuch reletting. In any such case, Landlord may repair make repairs, alterations and alter additions in or to the premises Premises, and redecorate the same to the extent Landlord deems necessary or desirable, in its reasonable sole discretion. All rent rentals and other sums received by Landlord receives from any re-leasing will such reletting shall be applied as follows: first, to the payment of any indebtedness other than rent that Rent due hereunder from Tenant owes to Landlord; second, to pay for repairs to the Premisepayment of any costs and expenses of such alterations and repairs; third, to pay the payment of Landlord’s reasonable 's expenses of re-leasingreletting, including unamortized broker including, without limitation, broker's commissions, reasonable attorney fees, attorneys' fees and reasonable lease inducements, such as moving or leasehold improvement allowances; fourth, to rent that is the payment of Rent due or past dueand unpaid hereunder; and Landlord will hold the restresidue, if any, shall be held by Landlord and apply it to applied in payment of future rent that comes dueRent as the same may become due and payable hereunder. If the rent Landlord receives such rentals and other sums received from re-leasing such reletting during any month is are less than the rent Rent due during said month by Tenant owes under this Lease for that monthhereunder, Tenant agrees to shall pay the such deficiency to Landlord, on a monthly basis. Such deficiency shall be calculated and paid monthly. Notwithstanding any such re-entry by Landlord, Landlord may at any later time hereafter elect to terminate this Lease for the such previous breach by giving Tenant a written termination notice. If Landlord evicts Tenant, Landlord agrees to list the premises for lease with a broker and to consider any offer to lease in the ordinary course of business as if this Lease had expired when scheduled and Tenant had no remaining obligations to Landlord. Tenant agrees that doing so will satisfy any obligation Landlord has to mitigate its damages and waives any other mitigation obligationbreach.

Re-Entry Without Termination. If Landlord terminates Tenant’s right to possession when an Event of Default exists, Tenant agrees to surrender possession of Lessor may re-enter the premises to Landlord free of all rights of occupancy and in the condition this Lease requires at the end of the term. If Landlord terminates Tenant’s right to possession and Tenant does not surrender possession free of all rights of occupancy, Landlord may evict Tenant and any other occupant in accordance with California law without being liable for prosecution or any claim for damages. No eviction, and no reentry or accepting or taking possession of the premises by Landlord is an election by Landlord to terminate this Lease, and Tenant waives any claim that Landlord has terminated this Lease unless Landlord delivers an express written notice to Tenant that it is terminating this Lease. As allowed by law and without waiving any of Tenant’s statutory rights to the contrary, upon any termination of Tenant’s right to possession of the premises Leased Premises without terminating this Lease, Landlord may, at Landlord’s sole option, enter and remove all persons and property from the premises, remove Tenant’s signs and other evidences of tenancyLeased Premises, and take and hold possession of relet the premises without the entry and possession terminating this Lease or releasing Tenant, in whole or in part, from any obligation, including Tenant’s obligation to pay rent, for the full Term. Landlord may, but need not, re-lease all Leased Premises or any part thereof for the account of Lessee, for such time (which may be for a term extending beyond the premises for any rent Lease Term) and on any upon such terms as Lessor in its Lessor's sole discretion, including re-leasing the premises as part of a larger area and changing the character or the use of the premisesdiscretion shall determine, and Landlord is Lessor shall not be required to accept any proposed replacement tenant that Tenant offers, lessee offered by Lessee or to observe any instructions Tenant gives about re-leasinggiven by Lessee relative to such reletting. Landlord In the event of any such reletting, Lessor may repair make repairs, alterations and alter additions in or to the premises Leased Premises and redecorate the same to the extent Landlord deems deemed necessary or desirabledesirable by Lessor and in connection therewith change the locks to the Leased Premises, in its reasonable discretionand Lessee shall upon demand pay the cost thereof together with Lessor's expenses of reletting. All rent and other sums Landlord receives Lessor may collect the Total Rentals from any re-leasing will be applied as follows: first, to any indebtedness other than rent that Tenant owes Landlord; second, to pay for repairs such reletting and apply the same first to the Premise; third, to pay Landlord’s reasonable payment of the expenses of re-leasingentry, including unamortized broker commissionsredecoration, reasonable attorney feesrepairs and alterations and the expenses of reletting and second to the payment of Total Rental herein provided to be paid by Lessee, and reasonable lease inducements, any excess or residue shall operate only as an offsetting credit against the amount of Total Rental as the same thereafter becomes due and payable hereunder. No such as moving allowances; fourth, to rent that is due or past due; and Landlord will hold the rest, if any, and apply it to future rent that comes due. If the rent Landlord receives from re-leasing during any month is less than the rent Tenant owes under this Lease for that month, Tenant agrees to pay the deficiency to Landlord, on a monthly basis. Notwithstanding any re-entry by Landlordor repossession, Landlord may at any later time repairs, alterations and additions or reletting shall be construed as an eviction or ouster of Lessee or as an election on Lessor's part to terminate this Lease for the previous breach by giving Tenant unless a written termination notice. If Landlord evicts Tenantnotice of such intention be given to Lessee, Landlord agrees nor shall the same operate to list release the premises Lessee in whole or in part from any of the Lessee's obligations hereunder, and Lessor may, at any time and, from time to time, xxx and recover judgment for lease with a broker and any deficiencies from time to consider time remaining after the application from time to time of the proceeds of any offer to lease in the ordinary course of business as if this Lease had expired when scheduled and Tenant had no remaining obligations to Landlord. Tenant agrees that doing so will satisfy any obligation Landlord has to mitigate its damages and waives any other mitigation obligationsuch reletting.

Re-Entry Without Termination. If Landlord terminates Tenant’s right to possession when an Event of Default exists, Tenant agrees to surrender possession of Lessor may re-enter the premises to Landlord free of all rights of occupancy and in the condition this Lease requires at the end of the term. If Landlord terminates Tenant’s right to possession and Tenant does not surrender possession free of all rights of occupancy, Landlord may evict Tenant and any other occupant in accordance with California law without being liable for prosecution or any claim for damages. No eviction, and no reentry or accepting or taking possession of the premises by Landlord is an election by Landlord to terminate this Lease, and Tenant waives any claim that Landlord has terminated this Lease unless Landlord delivers an express written notice to Tenant that it is terminating this Lease. As allowed by law and without waiving any of Tenant’s statutory rights to the contrary, upon any termination of Tenant’s right to possession of the premises Leased Premises ---------------------------- without terminating this Lease, Landlord may, at Landlord’s sole option, enter and remove all persons and property from the premises, remove Tenant’s signs and other evidences of tenancyLeased Premises, and take and hold possession of relet the premises without the entry and possession terminating this Lease or releasing Tenant, in whole or in part, from any obligation, including Tenant’s obligation to pay rent, for the full Term. Landlord may, but need not, re-lease all Leased Premises or any part thereof for the account of Lessee, for such time (which may be for a term extending beyond the premises for any rent Lease Term) and on any upon such terms as Lessor in its Lessor's sole discretion, including re-leasing the premises as part of a larger area and changing the character or the use of the premisesdiscretion shall determine, and Landlord is Lessor shall not be required to accept any proposed replacement tenant that Tenant offers, lessee offered by Lessee or to observe any instructions Tenant gives about re-leasinggiven by Lessee relative to such reletting. Landlord In the event of any such reletting, Lessor may repair make repairs, alterations and alter additions in or to the premises Leased Premises and redecorate the same to the extent Landlord deems deemed necessary or desirabledesirable by Lessor and in connection therewith change the locks to the Leased Premises, in its reasonable discretionand Lessee shall upon demand pay the cost thereof together with Lessor's expenses of reletting. All rent and other sums Landlord receives Lessor may collect the Total Rentals from any re-leasing will be applied as follows: first, to any indebtedness other than rent that Tenant owes Landlord; second, to pay for repairs such reletting and apply the same first to the Premise; third, to pay Landlord’s reasonable payment of the expenses of re-leasingentry, including unamortized broker commissionsredecoration, reasonable attorney feesrepairs and alterations and the expenses of reletting and second to the payment of Total Rental herein provided to be paid by Lessee, and reasonable lease inducements, any excess or residue shall operate only as an offsetting credit against the amount of Total Rental as the same thereafter becomes due and payable hereunder. No such as moving allowances; fourth, to rent that is due or past due; and Landlord will hold the rest, if any, and apply it to future rent that comes due. If the rent Landlord receives from re-leasing during any month is less than the rent Tenant owes under this Lease for that month, Tenant agrees to pay the deficiency to Landlord, on a monthly basis. Notwithstanding any re-entry by Landlordor repossession, Landlord may at any later time repairs, alterations and additions or reletting shall be construed as an eviction or ouster of Lessee or as an election on Lessor's part to terminate this Lease for the previous breach by giving Tenant unless a written termination notice. If Landlord evicts Tenantnotice of such intention be given to Lessee, Landlord agrees nor shall the same operate to list release the premises Lessee in whole or in part from any of the Lessee's obligations hereunder, and Lessor may, at any time and, from time to time, sue and recover judgment for lease with a broker and any deficiencies from time to consider time xxmaining after the application from time to time of the proceeds of any offer to lease in the ordinary course of business as if this Lease had expired when scheduled and Tenant had no remaining obligations to Landlord. Tenant agrees that doing so will satisfy any obligation Landlord has to mitigate its damages and waives any other mitigation obligationsuch reletting.

Re-Entry Without Termination. If Landlord terminates Tenant’s right to possession when an Event of Default exists, Tenant agrees to surrender possession of the premises to Landlord free of all rights of occupancy and in the condition this Lease requires at the end of the term. If Landlord terminates Tenant’s right to possession and Tenant does not surrender possession free of all rights of occupancy, Landlord may evict Tenant and any other occupant in accordance with California law without being liable for prosecution or any claim for damages. No eviction, and no reentry or accepting or taking possession of the premises by Landlord is an election by Landlord to terminate this Lease, and Tenant waives any claim that Landlord has terminated this Lease unless Landlord delivers an express written notice to Tenant that it is terminating this Lease. As allowed by law and without waiving any of Tenant’s statutory rights to the contrary, upon Upon any termination of Tenant’s right to possession of the premises Premises without terminating termination of this Lease, Landlord may, at Landlord’s sole option, enter into the premisesPremises pursuant to applicable law, remove Tenant’s all signs and other evidences evidence of Tenant’s tenancy, remove all property from the Premises and store such property in a public warehouse or elsewhere, at the cost of, and for the account of Tenant, and take and hold possession of the premises without the Premises without: (1) being deemed guilty of trespass; (2) becoming liable for any loss or damage which may be occasioned by such entry and and/or possession; (3) such entry and/or possession terminating this Lease or Lease; and (4) releasing Tenant, in whole or in part, from any obligation, including Tenant’s obligation to pay rent, Rent for the full Term. Landlord may, but need not, re-lease all shall use commercially reasonable efforts to relet the Premises or any part of thereof to the premises extent required by applicable law, for any such rent and on any upon such terms as Landlord, in its sole but reasonable discretion, shall determine (including re-leasing the premises right to relet the Premises as part of a larger area and changing area, the right to change the character or the use made of the premisesPremises, and the right to lease all or any portion of the Premises for a term extending beyond the Term of this Lease), and Landlord is shall not be required to accept any proposed replacement tenant that offered by Tenant offers, or to observe any instructions given by Tenant gives about re-leasingsuch reletting. In any such case, Landlord may repair make repairs, alterations and alter additions in or to the premises Premises, and redecorate the same to the extent Landlord deems necessary or desirable, in its reasonable sole discretion. All rent rentals and other sums received by Landlord receives from any re-leasing will such reletting shall be applied as follows: first, to the payment of any indebtedness other than rent that Rent due hereunder from Tenant owes to Landlord; second, to pay for repairs to the Premisepayment of any costs and expenses of such alterations and repairs; third, to pay the payment of Landlord’s reasonable expenses of re-leasingreletting, including unamortized broker including, without limitation, broker’s commissions, reasonable attorney fees, attorneys’ fees and reasonable lease inducements, such as moving or leasehold improvement allowances; fourth, to rent that is due or past duethe payment of Rent; and Landlord will hold the restresidue, if any, shall be held by Landlord and apply it to applied in payment of future rent that comes dueRent as the same may become due and payable hereunder. If the rent Landlord receives such rentals and other sums received from re-leasing such reletting during any month is be less than the rent Rent to be paid during said month by Tenant owes under this Lease for that monthhereunder, Tenant agrees to shall pay the such deficiency to Landlord, on a monthly basis. Such deficiency shall be calculated and paid monthly. Notwithstanding any such re-entry and possession by Landlord, Landlord may at any later time hereafter elect to terminate this Lease for the such previous breach by giving Tenant a written termination notice. If Landlord evicts Tenant, Landlord agrees to list the premises for lease with a broker and to consider any offer to lease in the ordinary course of business as if this Lease had expired when scheduled and Tenant had no remaining obligations to Landlord. Tenant agrees that doing so will satisfy any obligation Landlord has to mitigate its damages and waives any other mitigation obligationbreach.

Re-Entry Without Termination. If Landlord terminates Tenant’s Lessor shall have the immediate ---------------------------- right to possession when an Event of Default exists, Tenant agrees to surrender possession of the premises to Landlord free of all rights of occupancy re-entry and in the condition this Lease requires at the end of the term. If Landlord terminates Tenant’s right to possession and Tenant does not surrender possession free of all rights of occupancy, Landlord may evict remove Tenant and any other occupant or all persons and property from the Premises; such property may be removed and stored in accordance with California law without being liable for prosecution a public warehouse or any claim for damages. No evictionelsewhere at the cost of, and no reentry for the account of Tenant. (i) Should Lessor elect to re-enter, as herein provided, or accepting should it take possession pursuant to legal proceedings or taking possession of the premises pursuant to any notice provided for by Landlord is an election by Landlord to law, Lessor may either terminate this LeaseLease or Lessor may from time to time, and Tenant waives any claim that Landlord has terminated this Lease unless Landlord delivers an express written notice to Tenant that it is terminating this Lease. As allowed by law and without waiving any of Tenant’s statutory rights to the contrary, upon any termination of Tenant’s right to possession of the premises without terminating this Lease, Landlord may, at Landlord’s sole option, enter the premises, remove Tenant’s signs and other evidences of tenancy, and take and hold possession of the premises without the entry and possession terminating this Lease or releasing Tenant, in whole or in part, from any obligation, including Tenant’s obligation to pay rent, for the full Term. Landlord may, but need not, re-lease all let the Premises, or the Equipment, or any part thereof, for such term or terms (which may be for a term extending beyond the term of this Lease) and at such rental or rentals and upon such other terms and conditions as Lessor in his sole discretion may deem advisable with the premises right to make repairs to said Premises and Equipment upon each such re-letting. (ii) Tenant shall be liable immediately to pay to Lessor: (1) All costs Lessor incurs in re-letting the Facility, including, without limitation, broker's commissions, expenses of remodeling the Facility required by the re-letting, but only insofar as such remodeling is necessary to restore the Premises to their condition at the inception of this Lease, reasonable wear and tear excepted, expenses of repairing the Facility and like costs. Re-letting can be for any a period shorter or longer than the remaining term of this Lease; and (2) The amount, if any, by which the rent, additional rent and on any terms all other sums reserved in its sole discretion, including this Lease from the period of such re-leasing letting (up to but not beyond the premises term of this Lease) exceeds the amount agreed to be paid as part of a larger area and changing rent for the character or the use of the premises, and Landlord is not required to accept any proposed replacement tenant that Tenant offers, or to observe any instructions Tenant gives about Facility for such re-leasing. Landlord may repair and alter letting, payable monthly. (iii) At the premises option of Lessor, rents received by such Lessor from such re-letting shall be applied: First, to the extent Landlord deems necessary or desirablepayment of any indebtedness, in its reasonable discretion. All rent and other sums Landlord receives from any re-leasing will be applied as follows: first, to any indebtedness other than rent that due hereunder from Tenant owes Landlordto Lessor; second, to pay for repairs to the Premisepayment of any costs and expenses of such re-letting and of such repairs; third, to pay Landlord’s reasonable expenses the payment of re-leasing, including unamortized broker commissions, reasonable attorney fees, rent due and reasonable lease inducements, such as moving allowances; fourth, to rent that is due or past due; unpaid hereunder and Landlord will hold the restresidue, if any, shall be held by Lessor and apply it to applied in payment of future rent that comes due. as the same may become due and payable hereunder. (iv) If the Tenant has been credited with any rent Landlord receives from received by such re-leasing letting under this paragraph 19.2, and such rent shall not be promptly paid to Lessor by the new tenant, or if such rentals received from such re-letting under this paragraph 19.2 during any month is be less than the rent that to be paid during that month by Tenant owes under hereunder, Tenant shall pay any such deficiency to Lessor. Such deficiency shall be calculated and paid monthly. (v) No such re-entry or taking possession of said Premises by Lessor shall be construed as an election on Lessor's part to terminate this Lease for that month, unless a written notice of such intention be given to Tenant agrees to pay or unless the deficiency to Landlord, on termination thereof be decreed by a monthly basiscourt of competent jurisdiction. Notwithstanding any such re-entry by Landlordletting without termination, Landlord Lessor may at any later time thereafter elect to terminate this Lease for the such previous breach by giving Tenant a written termination notice. If Landlord evicts Tenant, Landlord agrees to list the premises for lease with a broker and to consider any offer to lease in the ordinary course of business as if this Lease had expired when scheduled and Tenant had no remaining obligations to Landlord. Tenant agrees that doing so will satisfy any obligation Landlord has to mitigate its damages and waives any other mitigation obligationbreach.

Re-Entry Without Termination. If Landlord terminates Tenant’s right to possession when an Event of Default exists, Tenant agrees to surrender possession of the premises to Landlord free of all rights of occupancy and in the condition this Lease requires at the end of the term. If Landlord terminates Tenant’s right to possession and Tenant does not surrender possession free of all rights of occupancy, Landlord may evict Tenant and any other occupant in accordance with California law without being liable for prosecution or any claim for damages. No eviction, and no reentry or accepting or taking possession of re-enter the premises by Landlord is an election by Landlord to terminate this Lease, and Tenant waives any claim that Landlord has terminated this Lease unless Landlord delivers an express written notice to Tenant that it is terminating this Lease. As allowed by law and without waiving any of Tenant’s statutory rights to the contrary, upon any termination of Tenant’s right to possession of the premises Premises without terminating this Lease, and remove all property from the Premises, and relet the Premises or any part thereof for the account of Tenant, upon such terms as Landlord may, at in Landlord’s sole option, enter the premises, remove Tenant’s signs and other evidences of tenancy, and take and hold possession of the premises without the entry and possession terminating this Lease or releasing Tenant, in whole or in part, from any obligation, including Tenant’s obligation to pay rent, for the full Termdiscretion shall determine. Landlord may, but need not, re-lease all or any part of the premises for any rent and on any terms in its sole discretion, including re-leasing the premises as part of a larger area and changing the character or the use of the premises, and Landlord is shall not be required to accept any proposed replacement tenant that offered by Tenant offers, or to observe any instructions given by Tenant gives about re-leasingrelative to such reletting. In the event of any such reletting, Landlord may make repairs, alterations, and additions to the Premises to the extent deemed reasonably necessary by Landlord, and Tenant shall upon demand pay the reasonable and documented cost thereof. Landlord may repair collect the rents from any such reletting and alter apply the premises same first to the extent Landlord deems necessary or desirablepayment of the repairs, in its reasonable discretion. All rent and other sums Landlord receives from any re-leasing will be applied as follows: firstalterations, to any indebtedness other than rent that Tenant owes Landlord; secondadditions, to pay for repairs to the Premise; third, to pay Landlord’s reasonable expenses of re-leasingentry, including unamortized broker commissions, reasonable attorney attorney’s fees, and reasonable lease inducementscourt costs, such as moving allowances; fourth, to rent that is due or past due; and Landlord will hold the rest, if anycollection services, and apply it leasing commissions and second to future rent that comes duethe payment of Base Rent and Operating Expenses herein provided to be paid by Tenant, and any excess or residue shall operate only as an offsetting credit against the amount of Base Rent and Operating Expenses as the same thereafter becomes due and payable hereunder. If the rent Landlord receives from re-leasing during any month is less than the rent Tenant owes under this Lease for that month, Tenant agrees to pay the deficiency to Landlord, on a monthly basis. Notwithstanding any No such re-entry by or repossession, repairs, alterations and additions or reletting shall be construed as an eviction or ouster of Tenant or as an election on Landlord, Landlord may at any later time ’s part to terminate this Lease for the previous breach by giving Tenant unless a written termination notice. If Landlord evicts notice of such intention be given to Tenant, nor shall the same operate to release the Tenant in whole or in part from any of the Tenant’s obligations hereunder, and Landlord agrees may, at any time and, from time to list time, xxx and recover judgment for any deficiencies from time to time remaining after the premises for lease with a broker and application from time to consider time of the proceeds of any offer to lease in the ordinary course of business as if this Lease had expired when scheduled and Tenant had no remaining obligations to Landlord. Tenant agrees that doing so will satisfy any obligation Landlord has to mitigate its damages and waives any other mitigation obligationsuch reletting.