Common use of Reletting of Premises Clause in Contracts

Reletting of Premises. At the option of Landlord, any rents received by Landlord from any reletting as described in Section 21.2.1 shall be applied first to the payment of any indebtedness from Tenant to Landlord other than Rent; second, to the payment of any costs and expenses of such reletting and including, but not limited to, attorneys' fees, advertising fees and brokerage fees, and to the payment of any repairs, renovations, remodeling, redecoration, alterations and changes in the Premises; third, to the payment of Rent to be paid by Tenant under this Lease, Tenant shall pay any deficiency to Landlord monthly on the dates specified herein and any payment made or suits brought to collect the amount of the deficiency for any months shall not prejudice in any way the right of Landlord to collect the deficiency for any subsequent month. The failure or refusal of Landlord to be liable for failure to relet, or in the event of reletting, for failure to collect the rent thereof, but Landlord shall attempt to mitigate its damages to the extent required by law. In no event shall Tenant be entitled to receive any excess of net rents collected over sums payable by Tenant to Landlord hereunder.

Reletting of Premises. At the option of Landlord, any rents received by Landlord from any reletting as described in Section 21.2.1 shall be applied first to the payment of any indebtedness from Tenant to Landlord other than Rent; second, to the payment of any costs and expenses of such reletting and including, but not limited to, attorneys' ’ fees, advertising fees and brokerage fees, and to the payment of any repairs, renovations, remodeling, redecoration, alterations and changes in the Premises; third, to the payment of Rent due and to become due hereunder, and, if after so applying said rents there is any deficiency in the Rent to be paid by Tenant under this Lease, Tenant shall pay any deficiency to Landlord monthly on the dates specified herein and any payment made or suits brought to collect the amount of the deficiency for any months shall not prejudice in any way the right of Landlord to collect the deficiency for any subsequent month. The failure or refusal of Landlord to relet the Premises or any part or parts thereof shall not release or affect Tenant’s liability hereunder, nor shall Landlord be liable for failure to relet, or in the event of reletting, for failure to collect the rent thereof, but Landlord shall attempt use good faith efforts to mitigate its damages to the extent required by law. In , and in no event shall Tenant be entitled to receive any excess of net rents collected over sums payable by Tenant to Landlord hereunder.

Reletting of Premises. At Should this Lease be terminated before the option expiration of Landlordthe Term of this Lease by reason of an Event of Default as hereinabove provided, any rents received by Landlord from any reletting as described in Section 21.2.1 or if Tenant shall be applied first to abandon or vacate the payment Premises before the expiration or termination of any indebtedness from Tenant to Landlord other than Rent; second, to the payment Term of any costs and expenses this Lease without having paid the full rental for the remainder of such reletting and includingTerm, Landlord shall have the option, but not limited tothe obligation, to relet the Premises for such rent and upon such terms as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, advertising brokerage fees and brokerage feesexpenses of placing the Premises in first-class rentable condition including without limitation any alterations and improvements. Landlord, in putting the Premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs or replacements in the Premises as Landlord, in its sole judgment, considers advisable and necessary for the purpose of reletting the Premises, and to the payment making of any such alterations, repairs, renovations, remodeling, redecoration, alterations and changes in the Premises; third, to the payment of Rent to be paid by Tenant under this Lease, Tenant shall pay any deficiency to Landlord monthly on the dates specified herein and any payment made or suits brought to collect the amount of the deficiency for any months replacements shall not prejudice operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way the right of Landlord to collect the deficiency for any subsequent month. The failure or refusal of Landlord to be liable whatsoever for failure to reletrelet the Premises, or in the event of relettingthat the Premises are relet, for failure to collect the rent thereofunder such reletting, but Landlord shall attempt to mitigate its damages to the extent required by law. In and in no event shall Tenant be entitled to receive any excess the excess, if any, of such net rents rent collected over the sums payable by Tenant to Landlord hereunder. Landlord shall use reasonable efforts to mitigate its damages based upon Xxxxxx's default.

Reletting of Premises. At Enter upon and take possession of the option Premises as agent of LandlordTenant without terminating this Lease and without being liable to prosecution or any claim for damages. Landlord may relet the Premises and in that connection may make any suitable alterations or refurbish the Premises, or both, or change the character or use of the Premises. Landlord shall not be required to relet for any use or purpose other than that specified in this Lease or which Landlord may reasonably consider injurious to the Premises, or to any tenant, which Landlord may consider objectionable. Landlord may relet all or any portion of the Premises alone or in conjunction with other portions of the Building for a term longer or shorter than the term of this Lease at a rental rate greater or less than the then current rental rate provided in this Lease and upon such other terms (Including the granting of concessions) as Landlord solely determines to be acceptable. If Landlord elects to reenter and relet all or any portion of the Premises, Landlord be entitled to recover as damages immediately, without waiting until the due date of any future rent, or until the date fixed for expiration of this Lease, the total of all rent owed and unpaid as of the date of the default. The Landlord can also recover the costs of reentry and reletting including without limitation the cost of any cleanup, refurbishing, removal of Tenant's property and fixtures, expenses from Tenant's failure to quit the Premises and to leave them in the required condition, any rents received by Landlord from any reletting as described in Section 21.2.1 shall be applied first to the payment of any indebtedness from Tenant to Landlord other than Rent; second, to the payment of any costs and expenses of such reletting and including, but not limited toremodeling costs, attorneys' fees, court costs, brokers' commissions, advertising fees and brokerage feescosts, and the difference between the rent and all of Tenant's other obligations under this Lease and the actual rent received by Landlord from the Premises for the period commencing with the date of the default and continuing through the date designated as the expiration date of this Lease. No such reentry or taking possession of the Premises shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention is given to Tenant. Landlord, however, shall have no duty to relet the payment Premises and Landlord's failure to do so shall not release Tenant's liability for rent or damages. If Landlord elects to enter and relet the Premises, the Landlord may at any time thereafter elect to terminate this Lease for Tenant's default. If Landlord takes possession of Premises, Landlord shall have the right to rent any repairs, renovations, remodeling, redecoration, alterations and changes available space in the Building before reletting or attempting to relet the Premises; third, to the payment of Rent to be paid by Tenant under this Lease, Tenant shall pay any deficiency to Landlord monthly on the dates specified herein and any payment made or suits brought to collect the amount of the deficiency for any months shall not prejudice in any way the right of Landlord to collect the deficiency for any subsequent month. The failure or refusal of Landlord to be liable for failure to relet, or in the event of reletting, for failure to collect the rent thereof, but Landlord shall attempt to mitigate its damages to the extent required by law. In no event shall Tenant be entitled to receive any excess of net rents collected over sums payable by Tenant to Landlord hereunder.

Reletting of Premises. At the option of Landlord, any rents received by Landlord from any reletting as described in Section 21.2.1 22.2.1 shall be applied first to the payment of any indebtedness from Tenant to Landlord other than Rent; second, to the payment of any costs and expenses of such reletting and including, but not limited to, attorneys' ’ fees, advertising fees and brokerage fees, and to the payment of any repairs, renovations, remodeling, redecoration, alterations and changes in the Premises; third, to the payment of Rent due and to become due hereunder, and, if after so applying said rents there is any deficiency in the Rent to be paid by Tenant under this Lease, Tenant shall pay any deficiency to Landlord monthly on the dates specified herein and any payment made or suits brought to collect the amount of the deficiency for any months shall not prejudice in any way the right of Landlord to collect the deficiency for any subsequent month. The failure or refusal of Landlord to relet the Premises or any part or parts thereof shall not release or affect Tenant’s liability hereunder, nor shall Landlord be liable for failure to relet, or in the event of reletting, for failure to collect the rent thereof, but Landlord shall attempt to mitigate its damages to the extent required by law. In law (including the use of good faith efforts to relet the Premises), and in no event shall Tenant be entitled to receive any excess of net rents collected over sums payable by Tenant to Landlord hereunder.

Reletting of Premises. At the option of LandlordLandlord agrees, any rents received by Landlord from any reletting as described in Section 21.2.1 shall be applied first to the payment of any indebtedness from Tenant to Landlord other than Rent; secondhowever, to the payment of any costs and expenses of such reletting and including, but not limited to, attorneys' fees, advertising fees and brokerage fees, and to the payment of any repairs, renovations, remodeling, redecoration, alterations and changes in the Premises; third, to the payment of Rent to be paid by Tenant under this Lease, Tenant shall pay any deficiency to Landlord monthly on the dates specified herein and any payment made or suits brought to collect the amount of the deficiency for any months shall not prejudice that in any way the right of instance in which Landlord has a duty to collect the deficiency for any subsequent month. The failure or refusal of Landlord to be liable for failure to reletmitigate damages, or in the event of reletting, for failure to collect the rent thereof, but Landlord shall attempt to mitigate damages resulting from an Event of Default and Landlord will conclusively be deemed to have done so if Landlord lists the Premises with a real estate broker or agent (which may be affiliated with Landlord), places a sign in a window of the Premises (which, Tenant agrees, Landlord is authorized to do), and considers in good faith all written proposals for such space made by such broker or agent. Landlord’s duty to act in good faith shall not be deemed to require Landlord to agree to any lease terms which it deems to be unacceptable; moreover, in no event will Landlord be obligated: (i) to solicit or entertain negotiations with any other prospective tenant(s) for the Premises until Landlord has obtained full and complete possession of the Premises, free of any claim by Tenant that it continues to have a right of occupancy with respect to the Premises, (ii) to expend monies for finish-out requested by a prospective tenant unless Landlord, in its damages sole but reasonable discretion, believes that the excess rent Landlord will receive and the credit of the prospective tenant support such a decision, (iii) to cause or allow an existing tenant of the Building to move from its existing space to all or any of the Premises, or (iv) to give preference to the Premises over other spaces in the Building, with regard to prospective tenants inquiring as to available space in the Building. In attempting to relet or actually reletting the Premises, Landlord may enter into a direct lease with the proposed replacement tenant and will not be deemed to be acting as Tenant’s agent. Landlord agrees that the rentals and other collections which Landlord may actually receive from a substitute tenant of the Premises, to the extent required that any such rentals and/or other collections are attributable to any particular time period within the Term (and after reduction for all expenses incurred by law. In no event shall Landlord in connection with such substitute tenant), will be credited against Tenant’s obligations for the same time period; however, Tenant understands and agrees that it will not be entitled to receive any additional credit (for example, if Landlord receives amounts during a particular time period in excess of net rents collected over sums payable by Tenant Tenant’s obligations for the same time period, Landlord will not be required to Landlord hereundercredit such excess against Tenant’s obligations for any other time period).

Reletting of Premises. At Upon termination of this lease pursuant --------------------- to Section 12.1(b)(i), the option of LandlordLessor may, any rents received by Landlord from any reletting as described in Section 21.2.1 but is not obligated to relet the premises (though Lessor shall be applied first obligated to use reasonable efforts to mitigate its damages provided lessor shall be deemed to have acted reasonably by listing the payment premises with a reputable commercial real estate brokerage firm) for such rent and upon such terms as are not unreasonable under the circumstances and, if the full rental reserved under the lease (and any of any indebtedness from Tenant to Landlord other than Rent; secondthe costs, to the payment of any costs and expenses of such reletting and or damages indicated below) shall not be realized by Lessor, Lessee shall be liable for all damages sustained by Lessor, including, but not limited towithout limitation, deficiency in rent, reasonable attorneys' fees, advertising fees and brokerage fees, and to expenses of placing the payment premises in good order and repair (excluding the cost of any alterations required by the new tenant). Lessor, in putting the premises in good order may, at Lessor's option, make such alterations, repairs, renovations, remodeling, redecoration, alterations and changes or replacements in the Premises; thirdpremises as Lessor, to in Lessor's sole judgment and acting reasonably, considers advisable and necessary for the payment purpose of Rent to be paid by Tenant under this Leasereletting the premises, Tenant shall pay any deficiency to Landlord monthly on and the dates specified herein and any payment made making of such alterations, repairs, or suits brought to collect the amount of the deficiency for any months replacements shall not prejudice operate or be construed to release Lessee from liability hereunder as aforesaid. Lessor shall in no event be liable in any way the right of Landlord to collect the deficiency for any subsequent month. The failure or refusal of Landlord to be liable whatsoever for failure to reletrelet the premises (provided Lessor uses reasonable efforts to do so), or in the event of relettingthat the premises are relet, for failure to collect the rent thereofthereof under such reletting, but Landlord shall attempt to mitigate its damages to the extent required by law. In and in no event shall Tenant Lessee be entitled to receive any excess of excees, if any, or such net rents rent collected over the sums payable by Tenant Lessee to Landlord Lessor hereunder.

Reletting of Premises. At Should this Lease be terminated before the option expiration of the Term of this Lease by reason of Tenant's default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration or termination of the Term of this Lease without having paid the full rental for the remainder of such Term, Landlord shall use commercially reasonable efforts to relet the Premises for such rent and upon such terms as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, any rents received by Landlord from any reletting as described in Section 21.2.1 Tenant shall be applied first to the payment of any indebtedness from Tenant to Landlord other than Rent; secondliable for all damages sustained by Landlord, to the payment of any costs and expenses of such reletting and including, but not limited towithout limitation, deficiency in rent, reasonable attorneys' fees, advertising brokerage fees and brokerage feesexpenses of placing the Premises in rentable condition including without limitation any alterations and improvements. Landlord, in putting the Premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs or replacements in the Premises as Landlord, in its sole judgment, considers advisable and necessary for the purpose of reletting the Premises, and to the payment making of any such alterations, repairs, renovations, remodeling, redecoration, alterations and changes in the Premises; third, to the payment of Rent to be paid by Tenant under this Lease, Tenant shall pay any deficiency to Landlord monthly on the dates specified herein and any payment made or suits brought to collect the amount of the deficiency for any months replacements shall not prejudice operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way the right of Landlord to collect the deficiency for any subsequent month. The failure or refusal of Landlord to be liable whatsoever for failure to reletrelet the Premises except as set forth herein, or in the event of relettingthat the Premises are relet, for failure to collect the rent thereofunder such reletting, but Landlord shall attempt to mitigate its damages to the extent required by law. In and in no event shall Tenant be entitled to receive any excess the excess, if any, of such net rents rent collected over the sums payable by Tenant to Landlord hereunder.

Reletting of Premises. At Upon termination of this Lease pursuant to ¶16(b)(i), the option premises may be relet by Landlord for such rent and upon such terms as are not unreasonable under the circumstances and, if the full rental reserved under this Lease (and any of the costs, expense, or damages indicated below) shall not be realized by Landlord, any rents received by Landlord from any reletting as described in Section 21.2.1 Tenant shall be applied first to the payment of any indebtedness from Tenant to Landlord other than Rent; secondliable for all damages sustained by Landlord, to the payment of any costs and expenses of such reletting and including, but not limited towithout limitation, deficiency in rent, reasonable attorneys' ’ fees, advertising fees and brokerage fees, and to expenses of placing the payment of any premise, in first class rentable condition. Landlord in putting the premises in good order or preparing the same for remittal may, at Landlord’s option, make such alterations, repairs, renovations, remodeling, redecoration, alterations and changes or replacements in the Premises; thirdpremises as Landlord, to in Landlord’s sole judgment, considers advisable and necessary for the payment purpose of Rent to be paid by Tenant under this Leaserelenting the premises, Tenant shall pay any deficiency to Landlord monthly on and the dates specified herein and any payment made making of such Alterations, repairs, or suits brought to collect the amount of the deficiency for any months replacements shall not prejudice operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way the right of Landlord to collect the deficiency for any subsequent month. The failure or refusal of Landlord to be liable whatsoever for failure to reletrelet the premises, or in the event of relettingthat the premises are relet, for failure to collect the rent thereofthereof under such reletting, but Landlord shall attempt to mitigate its damages to the extent required by law. In and in no event shall Tenant be entitled to receive any excess excess, if any, of such net rents rent collected over the sums payable by Tenant to Landlord hereunder.

Reletting of Premises. At Enter upon and take possession of the option Premises as agent of LandlordTenant without terminating Lease and without being liable to prosecution or any claim for damages. Landlord may relet the Premises and in that connection may make any suitable alterations or refurbish the Premises, or both, or change the character or use of the Premises, but Landlord shall not be required to relet for any rents use or purpose other than that specified in this Lease or which Landlord may reasonably consider injurious to the Premises, or to any tenant which Landlord may consider objectionable. Landlord may relet all or any portion of the Premises, alone or in conjunction with other portions of the Building, for a term longer or shorter than the term of this Lease, at a rental rate greater or less than the then current rental rate provided in this Lease, and upon such other terms (including the granting of concessions) as Landlord solely determines to be acceptable. If Landlord elects to reenter and relet all or any portion of the Premises, Landlord shall be entitled to recover, as damages, immediately, without waiting until the due date of any future rent, or until the date fixed for expiration of this Lease, the total of all rent owing and unpaid at of the date of the default; the costs of reentry and reletting including without limitation the cost of any cleanup, refurbishing, removal of Tenant’s property and fixtures; and other expense occasioned by Tenant’s failure to quit the premises and to leave them in the required condition; any remodeling costs; attorneys’ fees; court costs; brokers’ commissions; advertising costs and the difference between the rent and all of Tenant’s other obligations under this Lease and the actual rent received by Landlord from any reletting the Premises for the period commencing with the date of the default and continuing through the date designated as described in Section 21.2.1 the expiration date of this Lease. No such reentry or taking possession of the Premises shall be applied first construed as an election on Landlord’s part to the payment of any indebtedness from Tenant to Landlord other than Rent; second, to the payment of any costs and expenses terminate this Lease unless a written notice of such reletting intention be given to Tenant. Landlord, however, shall have no duty to relet the Premises and includingLandlord’s failure to do so shall not release Tenant’s liability for rent or damages. If Landlord elects to enter and relet the Premises the Landlord may at any time thereafter elect to terminate this Lease for Tenant’s default, but not limited toif Landlord takes possession of Premises, attorneys' fees, advertising fees and brokerage fees, and Landlord shall have the right to the payment of rent any repairs, renovations, remodeling, redecoration, alterations and changes other available space in the Building before reletting or attempting to relet the Premises; third, to the payment of Rent to be paid by Tenant under this Lease, Tenant shall pay any deficiency to Landlord monthly on the dates specified herein and any payment made or suits brought to collect the amount of the deficiency for any months shall not prejudice in any way the right of Landlord to collect the deficiency for any subsequent month. The failure or refusal of Landlord to be liable for failure to relet, or in the event of reletting, for failure to collect the rent thereof, but Landlord shall attempt to mitigate its damages to the extent required by law. In no event shall Tenant be entitled to receive any excess of net rents collected over sums payable by Tenant to Landlord hereunder.

Reletting of Premises. At Should this Lease be terminated before the option expiration of the Term of this Lease by reason of Tenant’s default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration or termination of the Term of this Lease without having paid the full rental for the remainder of such Term, Landlord shall have the option, but not the obligation, to relet the Premises for such rent and upon such terms as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, any rents received by Landlord from any reletting as described in Section 21.2.1 Tenant shall be applied first to the payment of any indebtedness from Tenant to Landlord other than Rent; secondliable for all damages sustained by Landlord, to the payment of any costs including, without limitation, deficiency in rent, reasonable attorneys’ fees, brokerage fees and expenses of placing the Premises in first-class rentable condition including without limitation any alterations and improvements. Landlord, in putting the Premises in good order or preparing the same for rerental may, at Landlord’s option, make such alterations, repairs or replacements in the Premises as Landlord, in its sole judgment, considers advisable and necessary for the purpose of reletting and including, but not limited to, attorneys' fees, advertising fees and brokerage feesthe Premises, and to the payment making of any such alterations, repairs, renovations, remodeling, redecoration, alterations and changes in the Premises; third, to the payment of Rent to be paid by Tenant under this Lease, Tenant shall pay any deficiency to Landlord monthly on the dates specified herein and any payment made or suits brought to collect the amount of the deficiency for any months replacements shall not prejudice operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way the right of Landlord to collect the deficiency for any subsequent month. The failure or refusal of Landlord to be liable whatsoever for failure to reletrelet the Premises, or in the event of relettingthat the Premises are relet, for failure to collect the rent thereofunder such reletting, but Landlord shall attempt to mitigate its damages to the extent required by law. In and in no event shall Tenant be entitled to receive any excess the excess, if any, of such net rents rent collected over the sums payable by Tenant to Landlord hereunder.

Reletting of Premises. At Should this Lease be terminated before the option expiration of Landlordthe term of this Lease, including any rents received renewals thereof, by reason of Default of Tenant, the Premises may be relet by Landlord from any reletting or such rent and upon such terms as described in Section 21.2.1 shall be applied first to are reasonable under the payment circumstances. If the full amount of any indebtedness from Tenant to Landlord other than Rent; second, to the payment of any costs and expenses of such reletting and including, but not limited to, attorneys' fees, advertising fees and brokerage fees, and to the payment of any repairs, renovations, remodeling, redecoration, alterations and changes in the Premises; third, to the payment of Rent to be paid rent payable by Tenant under this LeaseLease and costs, expenses or damages sustained by Landlord as a result of Default of Tenant, including, without limitation, additional administrative costs, reasonable attorneys fees, brokerage fees and expenses of placing the Premises in first-class rentable condition, shall not be realized by landlord through such reletting, Tenant shall pay any deficiency to Landlord monthly on the dates specified herein and any payment made or suits brought to collect the amount of the deficiency for any months shall not prejudice in any way the right of Landlord to collect the deficiency for any subsequent month. The failure or refusal of Landlord to be liable for any deficiency in such amount. In preparing the Premises for such reletting, Landlord, at its sole option, may make such alternations and repairs in and to the Premises as Landlord considers advisable and necessary for the purpose of reletting same, and the making of such alterations and/or repairs shall not operate or be construed to release Tenant from liability hereunder. Landlord shall not be liable to Tenant for failure to reletrelet the Premises or, or in the event of relettingthe Premises are relet, for failure to collect the rent thereof, but Landlord under such reletting. Tenant shall attempt to mitigate its damages to the extent required by law. In no event shall Tenant not be entitled to receive any excess o rent collected by Landlord under such reletting over the full amount of net rents collected over sums rent payable by Tenant to under this Lease and costs, expenses or damages sustained by Landlord hereunderas a result of Default of Tenant.

Reletting of Premises. At (a) Lessor may enter upon and take possession of the option Premises as agent of LandlordLessee without terminating this Lease and without being liable for any claim for damages. Lessor may relet the Premises and may make any suitable alterations to or refurbish the Premises, or both, or change the character or use of the Premises. Lessor shall not be required to relet the Premises (i) to any tenant which Lessor may consider objectionable, or (ii) for any use or purpose (A) other than that specified in this Lease or (B) that Lessor may reasonably consider injurious to the Premises. (b) Lessor may relet all or any portion of the Premises alone or in conjunction with other portions of the Building for a term longer or shorter than the Lease Term at a rental rate greater or less than the then current rental rate provided in this Lease and upon such other terms (including without limitation, the granting of concessions) as Lessor solely determines to be acceptable. If Lessor elects to reenter and relet all or any portion of the Premises, Lessor shall be entitled to recover as damages immediately, (i) the costs of reentry and reletting including without limitation the cost of any cleanup, refurbishing, removal of Lessee's property and fixtures, expenses from Lessee's failure to quit the Premises and to leave them in the required condition, any rents received by Landlord from any reletting as described in Section 21.2.1 shall be applied first to the payment of any indebtedness from Tenant to Landlord other than Rent; second, to the payment of any costs and expenses of such reletting and including, but not limited toremodeling costs, attorneys' fees, court costs, brokers' commissions, advertising fees and brokerage feescosts, and (ii) the difference between the Rent and all of Lessee's other obligations under this Lease and the actual Rent received by Lessor from the Premises from time to time during the payment period commencing with the date of the Default and continuing through the end of the Lease Term. (c) No such reentry or taking possession of the Premises shall be construed as an election on Lessor's part to terminate this Lease unless a written notice of such intention is given to Lessee. Lessor’s inability to relet the Premises shall not release Lessee's liability for Rent or damages. If Lessor elects to enter and relet the Premises, Lessor may at any repairstime thereafter elect to terminate this Lease for Lessee's Default. If Lessor takes possession of the Premises, renovations, remodeling, redecoration, alterations and changes Lessor shall have the right to rent any other available space in the Building before reletting or attempting to relet the Premises; third, to the payment of Rent to be paid by Tenant under this Lease, Tenant shall pay any deficiency to Landlord monthly on the dates specified herein and any payment made or suits brought to collect the amount of the deficiency for any months shall not prejudice in any way the right of Landlord to collect the deficiency for any subsequent month. The failure or refusal of Landlord to be liable for failure to relet, or in the event of reletting, for failure to collect the rent thereof, but Landlord shall attempt to mitigate its damages to the extent required by law. In no event shall Tenant be entitled to receive any excess of net rents collected over sums payable by Tenant to Landlord hereunder.

Reletting of Premises. At Should this Lease be terminated before the option expiration of Landlordthe Tenn of this Lease by reason of Tenant's default as hereinabove provided, any rents received by Landlord from any reletting as described in Section 21.2.1 or if Tenant shall be applied first to abandon or vacate the payment Premises before the expiration or termination of any indebtedness from Tenant to Landlord other than Rent; second, to the payment Term of any costs and expenses this Lease without having paid the full rental for the remainder of such reletting and includingTerm, Landlord shall have the option, but not limited tothe obligation, to relet the Premises for such rent and upon such terms as are not unreasonable under the circumstances, and, if the full Annual Rent and Additional Rent reserved under this Lease, BUT IN NO EVENT MORE THAN THE ACCELERATED REMAINING RENT AND COST TO RELET (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, advertising brokerage fees and brokerage feesexpenses of placing the Premises in first-class rentable condition including without limitation any alterations and improvements. Landlord, in putting the Premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs or replacements in the Premises as Landlord, in its sole judgment, considers advisable and necessary for the purpose of reletting the Premises, and to the payment making of any such alterations, repairs, renovations, remodeling, redecoration, alterations and changes in the Premises; third, to the payment of Rent to be paid by Tenant under this Lease, Tenant shall pay any deficiency to Landlord monthly on the dates specified herein and any payment made or suits brought to collect the amount of the deficiency for any months replacements shall not prejudice operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way the right of Landlord to collect the deficiency for any subsequent month. The failure or refusal of Landlord to be liable whatsoever for failure to reletrelet the Premises, or in the event of relettingthat the Premises are relet, for failure to collect the rent thereofunder such reletting, but Landlord shall attempt to mitigate its damages to the extent required by law. In and in no event shall Tenant be entitled to receive any excess the excess, if any, of such net rents rent collected over the sums payable by Tenant to Landlord hereunder.

Reletting of Premises. At Should this Lease be terminated before the option expiration of the term of this Lease by reason of Tenant’s default as hereinabove provided, or if Tenant shall vacate the Premises without having given Landlord ten (10) days prior written notice of such vacation, before the expiration or termination of the term of this Lease (which notice Landlord shall keep confidential from Tenant’s employees), the Premises may be relet by Landlord for such rent and upon such terms as are not unreasonable under the circumstances and, if the full rental reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, any rents received by Landlord from any reletting as described in Section 21.2.1 Tenant shall be applied first to the payment of any indebtedness from Tenant to Landlord other than Rent; secondliable for all damages sustained by Landlord, to the payment of any costs and expenses of such reletting and including, but not limited towithout limitation, deficiency in rent, reasonable attorneys' ’ fees, advertising fees and brokerage fees, and to expenses of placing the payment of any Premises in first class rentable condition. Landlord, in putting the Premises in good order or preparing the same for re-rental may, at Landlord’s option, make such Alterations, repairs, renovations, remodeling, redecoration, alterations and changes or replacements in the Premises as Landlord, in Landlord’s reasonable judgment, considers advisable and necessary for the purpose of reletting the Premises; third, to and the payment making of Rent to be paid by Tenant under this Leasesuch Alterations, Tenant shall pay any deficiency to Landlord monthly on the dates specified herein and any payment made repairs, or suits brought to collect the amount of the deficiency for any months replacements shall not prejudice operate or be construed to release Tenant from liability hereunder as aforesaid: Landlord shall mitigate this damage by making commercially reasonable efforts to relet the Premises on reasonable terms, provided Landlord shall in no event be liable in any way the right of Landlord to collect the deficiency for any subsequent month. The failure or refusal of Landlord to be liable whatsoever for failure to reletrelet the Premises after making commercially reasonable efforts to do so, or in the event of relettingthat the Premises are relet, for failure to collect the rent thereofthereof under such reletting, but Landlord shall attempt to mitigate its damages to the extent required by law. In and in no event shall Tenant be entitled to receive any excess excess, if any, of such net rents rent collected over the sums payable by Tenant to Landlord hereunder.

Reletting of Premises. At If the option Landlord relets the whole or any part of Landlordthe Premises from time to time, any rents received by Landlord from any reletting as described in Section 21.2.1 shall be applied first to the payment of any indebtedness from Tenant to Landlord other than Rent; second, to the payment of any costs and expenses of such reletting may be at such rental rates and includingupon such conditions (which may include free rent periods, but not limited to, attorneys' fees, advertising fees remodeling and brokerage feesfixturing allowances, and to the payment of any repairs, renovations, remodeling, redecoration, alterations and changes other concessions) as Landlord in the Premises; third, to the payment of Rent to be paid by Tenant under this Lease, Tenant its sole discretion may determine. Landlord shall pay any deficiency to Landlord monthly on the dates specified herein and any payment made or suits brought to collect the amount of the deficiency for any months shall not prejudice in any no way the right of Landlord to collect the deficiency for any subsequent month. The failure or refusal of Landlord to event be liable for refusal or failure to reletrelet the whole or any part of the Premises, or in the event of reletting, for any reletting the failure to collect any Rent due upon reletting, and no such failures or refusals shall operate to relieve Tenant from any liability hereunder. Amounts received by Landlord after reletting and for the rent thereofremainder of what would have been the Lease Term had Tenant fully complied with the terms of this Lease (and no other special event allowing termination had occurred) shall first be applied against Landlord's expenses (as set forth in Section 23.2.3.1), but until the same are recovered, and until such recovery Tenant shall pay, as of each day a payment would fall due under this Lease, the amount which the Tenant is obligated to pay under the terms of this Lease (Tenant's liability prior to any such reletting and any such recovery not in any way to be diminished as a result of the fact that such reletting might be for a Rent higher than the Rent provided for in this Lease); when and if such expenses have been completely recovered, the amounts received for reletting by the Landlord as have not previously been applied shall attempt be credited against the Tenant's obligations as of each day when a payment would fall due under this Lease, with any balance to mitigate its damages to the extent required be kept by law. In no event shall Tenant be entitled to receive any excess of net rents collected over sums payable by Tenant to Landlord hereunderLandlord.

Reletting of Premises. At Should this Lease be terminated before the option expiration of the term of this Lease by reason of Tenant’s default as hereinabove provided, or if Tenant shall abandon or vacate the premises before the expiration or termination of the term of this Lease without having paid the rent for the remainder of such term, the premises may be relet by Landlord for such rent and upon such terms as are not unreasonable under the circumstances and, if the full rental reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, any rents received by Landlord from any reletting as described in Section 21.2.1 Tenant shall be applied first to the payment of any indebtedness from Tenant to Landlord other than Rent; secondliable for all damages sustained by Landlord, to the payment of any costs and expenses of such reletting and including, but not limited towithout limitation, attorneys' deficiency in rent, reasonable attorney’s fees, advertising fees and brokerage fees, and to expenses of placing the payment of any premises in first class rentable condition. Landlord, in putting the premises in good order or preparing the same for rerental may, at Landlord’s option, make such alterations, repairs, renovations, remodeling, redecoration, alterations and changes or replacements in the Premises; thirdpremises as Landlord, to in Landlord’s sole judgment, considers advisable and necessary for the payment purpose of Rent to be paid by Tenant under this Leasereletting the premises, Tenant shall pay any deficiency to Landlord monthly on and the dates specified herein and any payment made making of such Alterations, repairs, or suits brought to collect the amount of the deficiency for any months replacements shall not prejudice operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way the right of Landlord to collect the deficiency for any subsequent month. The failure or refusal of Landlord to be liable whatsoever for failure to reletrelet the demised premises, or in the event of relettingthat the demised premises are relet, for failure to collect the rent thereofthereof under such reletting, but Landlord shall attempt to mitigate its damages to the extent required by law. In and in no event shall Tenant be entitled to receive any excess excess, if any, of such net rents rent collected over the sums payable by Tenant to Landlord hereunder.

Reletting of Premises. At Should this Lease be terminated before the option expiration of Landlordthe Term of this Lease by reason of Tenant's default as hereinabove provided, any rents received by Landlord from any reletting as described in Section 21.2.1 or if Tenant shall be applied first to abandon or vacate the payment Premises before the expiration or termination of any indebtedness from Tenant to Landlord other than Rent; second, to the payment Term of any costs and expenses this Lease without having paid the full rental for the remainder of such reletting and includingTerm, Landlord shall have the option, but not limited tothe obligation, to relet the Premises for such rent and upon such terms as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, advertising brokerage fees and brokerage feesexpenses of placing the Premises in first-class rentable condition including without limitation any alterations and improvements. Landlord, in putting the Premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs or replacements in the Premises as Landlord, in its sole judgment, considers advisable and necessary for the purpose of reletting the Premises, and to the payment making of any such alterations, repairs, renovations, remodeling, redecoration, alterations and changes in the Premises; third, to the payment of Rent to be paid by Tenant under this Lease, Tenant shall pay any deficiency to Landlord monthly on the dates specified herein and any payment made or suits brought to collect the amount of the deficiency for any months replacements shall not prejudice operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way the right of Landlord to collect the deficiency for any subsequent month. The failure or refusal of Landlord to be liable whatsoever for failure to reletrelet the Premises, or in the event of relettingthat the Premises are relet, for failure to collect the rent thereofunder such reletting, but Landlord shall attempt to mitigate its damages to the extent required by law. In and in no event shall Tenant be entitled to receive any excess the excess, if any, of such net rents rent collected over the sums payable by Tenant to Landlord hereunder.

Reletting of Premises. At Should this Lease be terminated before the option expiration of the term of this Lease by reason of Tenant's default as hereinabove provided, or if Tenant shall abandon or vacate the premises before the expiration or termination of the term of this Lease without having paid the rent for the remainder of such term, Landlord will make best efforts to relet the premises for such rent and upon such terms as are not unreasonable under the circumstances and, if the full rental reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, any rents received by Landlord from any reletting as described in Section 21.2.1 Tenant shall be applied first to the payment of any indebtedness from Tenant to Landlord other than Rent; secondliable for all damages sustained by Landlord, to the payment of any costs and expenses of such reletting and including, but not limited towithout limitation, deficiency in rent, reasonable attorneys' fees, advertising fees and brokerage fees, and to expenses of placing the payment of any premises in first class rentable condition. Landlord, in putting the premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs, renovations, remodeling, redecoration, alterations and changes or replacements in the Premises; thirdpremises as Landlord, to in Landlord's sole judgment, considers advisable and necessary for the payment purpose of Rent to be paid by Tenant under this Leasereletting the premises, Tenant shall pay any deficiency to Landlord monthly on and the dates specified herein and any payment made making of such alterations, repairs, or suits brought to collect the amount of the deficiency for any months replacements shall not prejudice operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in any way the right of Landlord to collect the deficiency for any subsequent month. The failure or refusal of Landlord to no event be liable in anyway whatsoever for failure to reletrelet the demised premises, or in the event of relettingthat the demised premises are relet, for failure to collect the rent thereofthereof under such reletting, but Landlord shall attempt to mitigate its damages to the extent required by law. In and on no event shall Tenant be entitled to receive any excess excess, if any, of such net rents rent collected over the sums payable by Tenant to Landlord hereunder.

Reletting of Premises. At If the option Landlord relets the whole or any part of Landlordthe Premises from time to time, any rents received by Landlord from any reletting as described in Section 21.2.1 shall be applied first to the payment of any indebtedness from Tenant to Landlord other than Rent; second, to the payment of any costs and expenses of such reletting may be at such rental rates and includingupon such conditions (which may include free rent periods, but not limited to, attorneys' fees, advertising fees remodeling and brokerage feesfixturing allowances, and to the payment of any repairs, renovations, remodeling, redecoration, alterations and changes other concessions) as Landlord in the Premises; third, to the payment of Rent to be paid by Tenant under this Lease, Tenant its sole discretion may determine. Landlord shall pay any deficiency to Landlord monthly on the dates specified herein and any payment made or suits brought to collect the amount of the deficiency for any months shall not prejudice in any way the right of Landlord to collect the deficiency for any subsequent month. The failure or refusal of Landlord to no event be liable for refusal or failure to reletrelet the whole or any part of the Premises so long as Landlord uses commercially reasonably efforts to relet the Premises, or in the event of reletting, for any reletting the failure to collect any Rent due upon reletting, and no such failures or refusals shall operate to relieve Tenant from any liability hereunder. Amounts received by Landlord after reletting and for the rent thereofremainder of what would have been the Lease Term had Tenant fully complied with the terms of this Lease (and no other special event allowing termination had occurred) shall first be applied against Landlord's expenses (as set forth in Section 23.2.3.1), but until the same are recovered, and until such recovery Tenant shall pay, as of each day a payment would fall due under this Lease, the amount which the Tenant is obligated to pay under the terms of this Lease (Tenant's liability prior to any such reletting and any such recovery not in any way to be diminished as a result of the fact that such reletting might be for a Rent higher than the Rent provided for in this Lease); when and if such expenses have been completely recovered, the amounts received for reletting by the Landlord as have not previously been applied shall attempt be credited against the Tenant's obligations as of each day when a payment would fall due under this Lease, with any balance to mitigate its damages to the extent required be kept by law. In no event shall Tenant be entitled to receive any excess of net rents collected over sums payable by Tenant to Landlord hereunderLandlord.