Common use of Reletting Clause in Contracts

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, re-enter and repossess the Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premises. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder.

Reletting. With In the event of the abandonment of the Premises by Tenant or in the event that Landlord shall elect to re-enter or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in Paragraph a, Landlord may from time to time, without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, re-enter and repossess relet the Premises, Premises or any part thereof, thereof for such term or terms and lease them to any other person at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises. In the event that Landlord shall deem reasonableelect to so relet, for a term within or beyond the term of this Lease; provided, that any then rentals received by Landlord from such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant applied in the absence following order: (1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (3) to the payment of any costs of such expiration, termination or repossession, less reletting; (ii4) to the payment of the costs of any alterations and repairs to the Premises; (5) to the payment of Rent due and unpaid hereunder; and (6) the net proceedsresidue, if any, shall be held by Landlord and applied in payment of any reletting effected for future Rent and other sums payable by Tenant hereunder as the account same may become due and payable hereunder. Should that portion of Tenant after deducting such rentals received from such proceeds all reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during the month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord’s actual expenses. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, attorneys’ feesas soon as ascertained, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual any costs and expenses incurred as a result of Tenant’s breach of this Lease. by Landlord shall use commercially reasonable efforts to relet in such reletting or in making such alterations and repairs not covered by the Premises. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due rentals received from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunderreletting.

Reletting. With or In the event Landlord terminates the right of Tenant to possession of the Premises without terminating this Lease, Lease as Landlord may electaforesaid, Landlord mayshall have no obligation to, by summary proceedings, re-enter and repossess but may relet the Premises, Premises or any part thereofthereof for the account of Tenant for such rent, for such time (which may be for a term extending beyond the Term) and lease them to any other person upon such terms as Landlord in Landlord's sole discretion shall deem reasonabledetermine, for a term within and Landlord shall not be required to accept any tenant offered by Tenant or beyond to observe any instructions given by Tenant relative to such reletting and may give the term leasing of this Lease; providedany unleased space in the Building priority over the reletting of the Premises. Also, that in any such reletting prior event, Landlord may make repairs, alterations and additions in or to termination shall be for the account of TenantPremises and redecorate (using only Building standard materials in substantially the same configuration as the Premises) the same to the extent deemed by Landlord necessary or desirable, and, in connection therewith, change the locks to the Premises, and Tenant shall remain liable for upon demand pay the cost thereof together with Landlord's expenses of reletting. Landlord may collect the rents from any such reletting and apply the same first to the payment of the expenses of re-entry, redecoration, repair and alterations and the expense of reletting (iincluding without limitation brokers' commissions and attorneys' fees) all rent and other sums which would second to the payment of Rent herein provided to be paid by Tenant. Any excess of residue shall operate only as an offsetting credit against the amount of Rent as the same theretofore became or thereafter becomes due and payable under this Lease by Tenant in hereunder, but the absence use of such expiration, termination or repossession, less (ii) offsetting credit to reduce the net proceedsamount of Rent due Landlord, if any, of shall not be deemed to give Tenant any right, title or interest in or to such excess or residue and any such excess or residue shall belong solely to Landlord. No such re-entry or repossession, repairs, alterations and additions, or reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred shall be construed as a result an eviction or ouster of Tenant’s breach , an election on Landlord's part to terminate this Lease or an acceptance of a surrender of this Lease, unless a written notice of such intention be given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant's obligations hereunder. Landlord shall use commercially reasonable efforts to relet the Premises. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agentat any time and from time to time, collect rents due from sue xxx recover judgment for any subtenant or other tenant and apply deficiencies remaining after the application of the proceeds of any such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunderreletting.

Reletting. With In the event of the abandonment of the Premises by Tenant or in the event that Landlord shall elect to re-enter or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in Paragraph a, Landlord may from time to time, without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, re-enter and repossess relet the Premises, Premises or any part thereof, thereof for such term or terms and lease them to any other person at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises. In the event that Landlord shall deem reasonableelect to so relet, for a term within or beyond the term of this Lease; provided, that any then rentals received by Landlord from such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant applied in the absence following order: (1) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (3) to the payment of any costs of such expiration, termination or repossession, less reletting; (ii4) to the payment of the costs of any alterations and repairs to the Premises; (5) to the payment of Rent due and unpaid hereunder; and (6) the net proceedsresidue, if any, shall be held by Landlord and applied in payment of any reletting effected for future Rent and other sums payable by Tenant hereunder as the account same may become due and payable hereunder. Should that portion of Tenant after deducting such rentals received from such proceeds all reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during the month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord’s actual expenses. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, attorneys’ feesas soon as ascertained, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual any costs and expenses incurred as a result of Tenant’s breach of this Lease. by Landlord shall use commercially reasonable efforts to relet in such reletting or in making such alterations and repairs not covered by the Premises. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due rentals received from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunderreletting.

Reletting. With or without terminating this LeaseSublease, as Landlord Sublessor may elect, Landlord Sublessor may, by summary proceedings, re-enter and repossess the Premises, or any part thereof, and lease them to any other person upon such terms as Landlord Sublessor shall deem reasonable, for a term within or beyond the term of this LeaseSublease; provided, that any such reletting prior to termination shall be for the account of TenantSublessee, and Tenant Sublessee shall remain liable for (i) all rent and other sums which would be payable under this Lease Sublease by Tenant Sublessee in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant Sublessee after deducting from such proceeds all of LandlordSublessor’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of TenantSublessee’s breach of this LeaseSublease. Landlord Sublessor shall use commercially reasonable efforts to relet the Premises. If the Premises are at the time of default sublet or leased by Tenant Sublessee to others, Landlord Sublessor may, as TenantSublessee’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting TenantSublessee’s obligation to Landlord Sublessor hereunder.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, may re-enter and repossess the Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, reasonable for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent Fixed Rent, Additional Rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, including employees’ expenses, attorneys’ fees, employees’ expensesreal estate brokerage commissions and alteration expenses (if any), reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts have no obligation to relet the PremisesPremises (x) if Landlord, or any of its affiliates, have other comparable space available for rent, (y) for a rental less than the fair market rental then prevailing for other comparable space, or (z) under terms and conditions that are unacceptable to Landlord. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, re-enter and repossess the Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s 's actual expenses, attorneys’ ' fees, employees’ ' expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s 's breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premises. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s 's agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s 's obligation to Landlord hereunder.

Reletting. With At any time when the Landlord is entitled to re-enter the Leased Premises or without terminating terminate this Lease, as the Landlord may electwithout notice to the Tenant and without terminating the Lease enter upon and take custody of the Leased Premises in the name of and as agent of the Tenant, Landlord maytogether with all of the Tenant’s improvements, by summary proceedings, re-enter fixtures and repossess the Premises, or any part thereoffurnishings, and lease them sublet the Leased Premises in the name of and as the agent of the Tenant on whatever terms the Landlord may deem appropriate but no such action by the Landlord shall waive any of the obligations of the Tenant or limit the subsequent exercise of any of the Landlord’s remedies for default. If the Landlord shall sublet the Leased Premises as aforesaid, the Landlord shall be entitled to receive all sublease rent and apply the same in its discretion to any other person upon such terms as indebtedness of the Tenant to the Landlord shall deem reasonable, for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by and/or to the payment of any costs and expenses of reletting, and the Landlord shall be liable to account to the Tenant in only for the absence of such expiration, termination or repossession, less (ii) the net proceedsexcess, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premisesmonies actually received by it. If the Premises are at sublease rent is less than is necessary to pay and discharge all the time then existing and continuing obligations of default sublet or leased by the Tenant to othershereunder, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply the Tenant shall pay such rents deficiency to the rent Landlord upon demand from time to time. Notwithstanding any such re-entry and subletting without termination, the Landlord may at any time thereafter terminate this Lease by reason of the previous or any other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunderdefault under the Lease and the provisions of Section 12.02 shall apply.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, may re-enter and repossess the Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, reasonable for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent Fixed Rent, Additional Rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, including employees’ expenses, attorneys’ fees, employees’ expensesreal estate brokerage commissions and alteration expenses (if any), reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premisesmitigate damages resulting from any Event of Default of Tenant, and, in no event, shall Landlord be entitled to double recovery of damages. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, may re-enter and repossess the Demised Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent Annual Fixed Rent, Additional Rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ feesfees and expenses, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses expenses, direct or indirect, incurred as a result of Tenant’s breach of this the Lease. Landlord shall use commercially reasonable efforts have no obligation to relet the PremisesDemised Premises if Landlord, or any of its affiliates, shall have other comparable space available for rent. If the Demised Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With or without terminating If this LeaseLease is terminated, as Landlord may elect, Landlord may, by summary proceedings, re-enter and repossess the Premises, or at any part thereoftime, and lease them from time to time, relet the Premises in whole or in part either in its own name or as agent of Tenant for any other person upon such terms as period equal to or greater or less than the remainder of the then-current Term. All rentals received by Landlord shall deem reasonable, for a term within or beyond the term of this Lease; provided, that any from such reletting prior to termination shall be for applied first to the account payment of Tenantany amounts other than rent due hereunder from Tenant to Landlord; second, to the payment of any costs and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant in the absence expenses of such expirationreletting and of alterations and repairs; third, termination or repossession, less (ii) to the net proceedspayment of Base Monthly Rent and Additional Rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future Rent as it becomes due hereunder. Upon a reletting of the Premises, Landlord shall not be required to pay Tenant any reletting effected for sums received by the account Landlord in excess of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of amounts payable in accordance with this Lease. Landlord shall use commercially reasonable efforts to relet the Premisesmitigate its damages. If the Premises are at the time of default sublet or leased by Tenant to others[*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, Landlord mayWHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH A SERIES OF THREE ASTERISKS IN BRACKETS [***], as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunderHAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.]

Reletting. With In the event of the abandonment of the Premises by Tenant or in the event that Landlord shall elect to re-enter as provided in Paragraph 25.3 or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in Xxxxxxxxx 00.0, Xxxxxxxx may from time to time, without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, re-enter and repossess relet the Premises, Premises or any part thereof, thereof for such term or terms and lease them to any other person at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretion. In the event that Landlord shall deem reasonableelect to so relet, for a term within or beyond the term of this Lease; provided, that any then rentals received by Landlord from such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant applied in the absence following order: (1) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (3) to the payment of any costs of such expiration, termination or repossession, less reletting; (ii4) to the payment of the costs of any alterations and repairs to the Premises; (5) to the payment of Rent due and unpaid hereunder; and (6) the net proceedsresidue, if any, shall be held by Landlord and applied in payment of any reletting effected for future Rent and other sums payable by Tenant hereunder as the account same may become due and payable hereunder. Should that portion of Tenant after deducting such rentals received from such proceeds all reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during the month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord’s actual expenses. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, attorneys’ feesas soon as ascertained, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual any costs and expenses incurred as a result of Tenant’s breach of this Lease. by Landlord shall use commercially reasonable efforts to relet in such reletting or in making such alterations and repairs not covered by the Premises. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due rentals received from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunderreletting.

Reletting. With In the event of the abandonment of the Premises by Tenant or in the event that Landlord shall elect to re-enter as provided in Paragraph 26(c) or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in Paraxxxxx 00(x), Xxxxxxxx xxx from time to time, without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, re-enter and repossess relet the Premises, Premises or any part thereof, thereof for such term or terms and lease them to any other person at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises. In the event that Landlord shall deem reasonableelect to so relet, for a term within or beyond the term of this Lease; provided, that any then rentals received by Landlord from such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant applied in the absence following order: (1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (3) to the payment of any costs of such expiration, termination or repossession, less reletting; (ii4) to the payment of the costs of any alterations and repairs to the Premises; (5) to the payment of Rent due and unpaid hereunder; and (6) the net proceedsresidue, if any, shall be held by Landlord and applied in payment of any reletting effected for future Rent and other sums payable by Tenant hereunder as the account same may become due and payable hereunder. Should that portion of Tenant after deducting such rentals received from such proceeds all reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during the month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord’s actual expenses. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, attorneys’ feesas soon as ascertained, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual any costs and expenses incurred as a result of Tenant’s breach of this Lease. by Landlord shall use commercially reasonable efforts to relet in such reletting or in making such alterations and repairs not covered by the Premises. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due rentals received from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunderreletting.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, may re-enter and repossess the Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, reasonable for a term within or beyond the term of this Lease; provided, that any such reletting re-letting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent Rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, including employees’ expenses, attorneys’ fees, employees’ expensesreal estate brokerage commissions and alteration expenses (if any), reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts have no obligation to relet the PremisesPremises (A) if Landlord, or any of its affiliates, have other comparable space available for rent, (B) for a rental less than the fair market rental then prevailing for other comparable space, or (C) under terms and conditions that are unacceptable to Landlord. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With At any time when the Landlord is entitled to re-enter the Leased Premises or without terminating terminate this Lease, as the Landlord may electwithout notice to the Tenant and without terminating the Lease enter upon and take custody of the Leased Premises in the name of and as agent of the Tenant, Landlord maytogether with all of the Tenant's improvements, by summary proceedings, re-enter fixtures and repossess the Premises, or any part thereoffurnishings, and lease them sublet the Leased Premises in the name of and as the agent of the Tenant on whatever terms the Landlord may deem appropriate but no such action by the Landlord shall waive any of the obligations of the Tenant or limit the subsequent exercise of any of the Landlord's remedies for default. If the Landlord shall sublet the Leased Premises as aforesaid, the Landlord shall be entitled to receive all sublease rent and apply the same in its discretion to any other person upon such terms as indebtedness of the Tenant to the Landlord shall deem reasonable, for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by and/or to the payment of any costs and expenses of reletting, and the Landlord shall be liable to account to the Tenant in only for the absence of such expiration, termination or repossession, less (ii) the net proceedsexcess, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premisesmonies actually received by it. If the Premises are at sublease rent is less than is necessary to pay and discharge all the time then existing and continuing obligations of default sublet or leased by the Tenant to othershereunder, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply the Tenant shall pay such rents deficiency to the rent Landlord upon demand from time to time. Notwithstanding any such re-entry and subletting without termination, the Landlord may at any time thereafter terminate this Lease by reason of the previous or any other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunderdefault under the Lease and the provisions of Section 10.02 shall apply.

Reletting. With or If Landlord terminates Tenant's right to possession of the --------- Premises without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, re-enter and repossess relet the Premises, Premises or any part thereof. In such case, and lease them Landlord shall use reasonable efforts to any other person upon relet the Premises on such terms as Landlord shall reasonably deem reasonable, for a term within or beyond the term of this Leaseappropriate; provided, that however, Landlord may first lease Landlord's other available space and shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant about such reletting prior to termination reletting. Tenant shall be reimburse Landlord for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses of reletting the Premises including, but not limited to, all brokerage, advertising, legal, alteration and other expenses incurred as to secure a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet new tenant for the Premises. If In addition, if the consideration collected by Landlord upon any such reletting, after payment of the expenses of reletting the Premises are at which have not been reimbursed by Tenant, is insufficient to pay monthly the time full amount of default sublet or leased by the Rent, Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation shall pay to Landlord hereunderthe amount of each monthly deficiency as it becomes due. If such consideration is greater than the amount necessary to pay the full amount of the Rent, the full amount of such excess shall be retained by Landlord and shall in no event be payable to Tenant.

Reletting. With At any time when the Landlord is entitled to re-enter the Leased Premises or without terminating terminate this Lease, as the Landlord may electwithout notice to the Tenant and without terminating the Lease enter upon and take custody of the Leased Premises in the name of and as agent of the Tenant, Landlord maytogether with all of the Tenant’s improvements, by summary proceedings, re-enter fixtures and repossess the Premises, or any part thereoffurnishings, and lease them sublet the Leased Premises in the name of and as the agent of the Tenant on whatever terms the Landlord may deem appropriate but no such action by the Landlord shall waive any of the obligations of the Tenant or limit the subsequent exercise of any of the Landlord’s remedies for default. If the Landlord shall sublet the Leased Premises as aforesaid, the Landlord shall be entitled to receive all sublease rent and apply the same in its discretion to any other person upon such terms as indebtedness of the Tenant to the Landlord shall deem reasonable, for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by and/or to the payment of any costs and expenses of reletting, and the Landlord shall be liable to account to the Tenant in only for the absence of such expiration, termination or repossession, less (ii) the net proceedsexcess, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premisesmonies actually received by it. If the Premises are at sublease rent is less than is necessary to pay and discharge all the time then existing and continuing obligations of default sublet or leased by the Tenant to othershereunder, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply the Tenant shall pay such rents deficiency to the rent Landlord upon demand from time to time. Notwithstanding any such re-entry and subletting without termination, the Landlord may at any time thereafter terminate this Lease by reason of the previous or any other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunderdefault under the Lease and the provisions of Section 10.02 shall apply.

Reletting. With or without terminating this LeaseSublease, as Landlord Sublessor may elect, Landlord Sublessor may, by summary proceedings, re-enter and repossess the Premises, or any part thereof, and lease them to any other person upon such terms as Landlord Sublessor shall deem reasonable, for a term within or beyond the term of this LeaseSublease; provided, that any such reletting prior to termination shall be for the account of TenantSublessee, and Tenant Sublessee shall remain liable for (i) all rent and other sums which would be payable under this Lease Sublease by Tenant Sublessee in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant Sublessee after deducting from such proceeds all of Landlord’s Sublessor's actual expenses, attorneys’ ' fees, employees’ ' expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s Sublessee's breach of this LeaseSublease. Landlord Sublessor shall use commercially reasonable efforts to relet the Premises. If the Premises are at the time of default sublet or leased by Tenant Sublessee to others, Landlord Sublessor may, as Tenant’s Sublessee's agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s Sublessee's obligation to Landlord Sublessor hereunder.

Reletting. With or without terminating this Leaselease, as Landlord Lessor may elect, Landlord may, by summary proceedings, Lessor may re-enter enter. and repossess the Premisespremises, or any part thereof, breaking open locked doors if necessary, and lease them to any other person upon such terms as Landlord Lessor shall deem reasonable, for a term within or beyond the then current term of this Leaselease; provided, that any such reletting prior to termination shall be for the account of Tenant, Lessee and Tenant Lessee shall remain liable for (ia) all minimum rent, percentage rent, additional rent and other sums which would be payable under this Lease the lease by Tenant Lessee in the absence of such expiration, termination or repossession, less (iib) the net proceeds, if any, of any reletting effected for the account of Tenant Lessee after deducting from such proceeds all of Landlord’s actual Lessor's reasonable expenses in connection with such reletting (including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorneys’ fees, employees’ ' fees and expenses, reasonable employee's expenses, alteration costs, and expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Leasereletting). Landlord Lessor shall use commercially reasonable efforts to relet the Premisesmitigate its damages. If the Premises premises are at the time of an event of default sublet occupied by a subtenant or leased by Tenant to othersassignee, Landlord Lessor may, as Tenant’s Lessee's agent, collect rents due from any subtenant or other tenant such occupant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s Lessee's obligation to Landlord Lessor hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With or without terminating this Lease, as Landlord LESSOR may elect, Landlord may, by summary proceedings, LESSOR may re-enter and repossess the Leased Premises, or any part thereof, and lease them relet the Leased Premises to any other person upon such terms as Landlord LESSOR shall deem reasonable, for a term within or beyond the term of this LeaseTerm; provided, that any such reletting prior to termination shall be for the account of TenantLESSEE, and Tenant LESSEE shall remain liable for for (i) all rent Rent and other sums which would be payable under this Lease by Tenant LESSEE in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant LESSEE after deducting from such proceeds all of LandlordLESSOR’s actual reasonable expenses, including but not limited to commissions, reasonable attorneys’ feesfees and expenses, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual reasonable costs and expenses expenses, direct or indirect, incurred as a result of TenantLESSEE’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premises. If the Leased Premises are are, at the time of default default, sublet or leased by Tenant LESSEE to others, Landlord LESSOR may, as TenantLESSEE’s agent, collect rents due from any subtenant or other tenant LESSEE and apply such rents to the rent Rent and other amounts due hereunder without in any way affecting TenantLESSEE’s obligation to Landlord LESSOR hereunder.. Such agency, being given for security, is hereby declared to be irrevocable. If LESSOR shall re-enter and repossess the Leased Premises, LESSOR agrees that LESSOR shall make commercially reasonable efforts to relet the Leased Premises. Sample

Reletting. With or without terminating this Lease, as Landlord Lessor may elect, Landlord may, by summary proceedings, Lessor may re-enter and repossess the Leased Premises, or any part thereof, and lease them to any other person upon such terms as Landlord Lessor shall deem reasonable, for a term within or beyond the term of this LeaseTerm; provided, that any such reletting prior to termination shall be for the account of TenantLessee, and Tenant Lessee shall remain liable for (i) all rent Base Rent and other sums which would be payable under this Lease by Tenant Lessee in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant Lessee after deducting from such proceeds all of Landlord’s actual Lessor's expenses, including reasonable attorneys’ fees' fees and expenses, employees’ ' expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses expenses, direct or indirect, incurred as a result of Tenant’s Lessee's breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premises, other than expenses for which Lessor is responsible hereunder. If the Leased Premises are are, at the time of default default, sublet or leased by Tenant Lessee to others, Landlord Lessor may, as Tenant’s Lessee's agent, collect rents due from any subtenant or other tenant and apply such rents to the rent Base Rent and other amounts due hereunder without in any way affecting Tenant’s Lessee's obligation to Landlord Lessor hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With At any time when the Landlord is entitled to re-enter the Leased Premises or without terminating terminate this Lease, as the Landlord may electwithout notice to the Tenant and without terminating the Lease enter upon and take custody of the Leased Premises in the name of and as agent of the Tenant, Landlord maytogether with all the Tenants' improvements, by summary proceedings, re-enter fixtures and repossess the Premises, or any part thereoffurnishings, and lease them sublet the Leased Premises in the name of and as the agent of the Tenant on whatever terms the Landlord may deem appropriate but no such action by the Landlord shall waive any of the obligations of the Tenant or the subsequent exercise of any of the Landlord's remedies for default. If the Landlord shall sublet the Leased Premises as aforesaid, the Landlord shall be entitled to receive all sublease rent and apply the same in its discretion to any other person upon such terms as indebtedness of the Tenant to the Landlord hereunder, and the payment of any costs and expenses of retelling, and the Landlord shall deem reasonable, for a term within or beyond be liable to account to the term of this Lease; provided, that any such reletting prior to termination shall be Tenant only for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceedsexcess, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premisesmonies actually received by it. If the Premises are at sublease rent is less than is necessary to apply and discharge all the then existing and continuing obligations of the Tenant hereunder, the Tenant shall pay such deficiency from time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents time upon demand to the rent Landlord. Notwithstanding any such re-entry and subletting without termination, the Landlord may at any time thereafter terminate this Lease by reason of the previous or any other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunderdefault under the Lease and the provisions of Section 11.02 shall apply.

Reletting. With At any time when the Landlord is entitled to re-enter the Leased Premises or without terminating terminate this Lease, as the Landlord may electwithout notice to the Tenant and without terminating the Lease enter upon and take custody of the Leased Premises in the name of and as agent of the Tenant, Landlord maytogether with all the Tenant's improvements, by summary proceedings, re-enter fixtures and repossess the Premises, or any part thereoffurnishings, and lease them sublet the Leased Premises in the name of and as the agent of the Tenant on whatever terms the Landlord may deem appropriate but no such action by the Landlord shall waive any of the obligations of the Tenant or the subsequent exercise of any of the Landlord's remedies for default. If the Landlord shall sublet the Leased Premises as aforesaid, the Landlord shall be entitled to receive all sublease rent and apply the same in its discretion to any other person upon such terms as indebtedness of the Tenant to the Landlord hereunder, and the payment of any costs and expenses of reletting, and the Landlord shall deem reasonable, for a term within or beyond be liable to account to the term of this Lease; provided, that any such reletting prior to termination shall be Tenant only for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceedsexcess, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premisesmonies actually received by it. If the Premises are at sublease rent is less than is necessary to pay and discharge all the then existing and continuing obligations of the Tenant hereunder, the Tenant shall pay such deficiency from time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents time upon demand to the rent Landlord. Notwithstanding any such re-entry and subletting without termination, the Landlord may at any time thereafter terminate this Lease by reason of the previous or any other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunderdefault under the Lease and the provisions of Section 11.02 may apply.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, may re-enter and repossess the Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, reasonable for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent Fixed Rent, Additional Rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual commercially reasonable expenses, including employees’ expenses, attorneys’ fees, employees’ expensesreal estate brokerage commissions and alteration expenses (if any), reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall agrees to use commercially reasonable efforts to mitigate its damages in connection with the occurrence of an Event of Default under this Lease by Tenant (which efforts shall include reletting the Premises); provided, however, Landlord shall have no obligation to relet the PremisesPremises (x) if Landlord, or any of its affiliates, have other comparable space available for rent, (y) for a rental less than the fair market rental then prevailing for other comparable space, or (z) under terms and conditions that are unacceptable to Landlord. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, may re-enter and repossess the Premises, Premises or any part thereof, and lease them the Premises to any other person upon such terms as Landlord shall deem reasonable, reasonable for a term within or beyond the term of this Lease; provided, however, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for for: (i1) all All minimum annual rent, additional rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less less (ii2) the All net proceeds, if any, of any reletting effected effective for the account of Tenant after deducting from such proceeds (without limitation), all repossession costs, brokers' commissions attributable to or allocable to the portion of Landlord’s actual Lease remaining following such default, attorneys' commissions, attorneys' fees and expenses, attorneys’ fees, employees’ ' expenses, reasonable alteration costs, and refitting costs and the expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premisesreletting. If the Premises are at the time of default sublet or leased by Tenant to othersothers (in strict accordance with the provisions of this Lease), Landlord may, as Tenant’s 's agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts obligations due hereunder without in any way affecting Tenant’s obligation 's obligations to Landlord hereunderhereunder (provided that credit shall be given to Tenant for all net sums collected by Landlord from any such subtenant). Such agency, being given to Landlord for security, is hereby declared to be coupled with an interest and irrevocable.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, may re-enter and repossess the Demised Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, for a term within or beyond the term of this LeaseLease Term; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent Annual Fixed Rent, Additional Rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after determined by deducting from the gross proceeds of any such proceeds reletting all of Landlord’s actual expenses, attorneys’ feesfees and expenses, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses expenses, direct or indirect, incurred as a result of Tenant’s breach of this Lease. Landlord and Tenant agree that Landlord shall use commercially reasonable efforts have no obligation to relet the Premisesmitigate Landlord’s damages under this Lease. If the Demised Premises are at the time of default any Event of Default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With In the event of the abandonment of the Premises by Tenant --------- or without terminating in the event that Landlord shall elect to re-enter or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease, Lease as Landlord may electprovided in Paragraph a, Landlord may, (1) to reasonable attorneys' fees incurred by summary proceedings, re-enter Landlord as a result of a Default and repossess costs in the event suit is filed by Landlord to enforce such remedies; (2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (3) to the payment of any costs of such reletting; (4) to the payment of the costs of any alterations and repairs to the Premises, or any part thereof, ; (5) to the payment of Rent due and lease them to any other person upon such terms as Landlord shall deem reasonable, for a term within or beyond the term of this Leaseunpaid hereunder; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii6) the net proceedsresidue, if any, shall be held by Landlord and applied in payment of any reletting effected for future Rent and other sums payable by Tenant hereunder as the account same may become due and payable hereunder. Should that portion of Tenant after deducting such rentals received from such proceeds all reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during the month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord’s actual expenses. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, attorneys’ feesas soon as ascertained, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual any costs and expenses incurred as a result of Tenant’s breach of this Lease. by Landlord shall use commercially reasonable efforts to relet in such reletting or in making such alterations and repairs not covered by the Premises. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due rentals received from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunderreletting.

Reletting. With or without terminating this Lease, as Landlord Lessor may elect, Landlord may, by summary proceedings, Lessor may re-enter and repossess the Premises, Premises or any part thereof, and lease them to any other person upon such terms as Landlord Lessor shall deem reasonable, reasonable for a term within or beyond the term of this Lease; provided, however, that any such reletting prior to termination shall be for the account of TenantLessee, and Tenant Lessee shall remain liable for for: (i1) all rent All Minimum Annual Rent, Additional Rent and other sums which would be payable under this Lease by Tenant Lessee in the absence of such expiration, termination or repossession, less less (ii2) the The net proceeds, if any, of any reletting effected effective for the account of Tenant Lessee after deducting from such proceeds without limitation, all of Landlord’s actual repossession costs, broker's commissions, attorneys' commissions, attorneys' fees and expenses, attorneys’ fees, employees’ ' expenses, reasonable alteration costs, costs and expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premisesreletting. If the Premises are at the time of default sublet or leased by Tenant Lessee to others, Landlord Lessor may, as Tenant’s Lessee's agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts obligations due hereunder without in any way affecting Tenant’s obligation Lessee's obligations to Landlord Lessor hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With or without terminating this Lease, as Landlord Lessor may elect, Landlord may, by summary proceedings, Lessor may re-enter and repossess the Premises, Premises or any part thereof, and lease them to any other person upon such terms as Landlord Lessor shall deem reasonable, reasonable for a term within or beyond the term of this Lease; provided, however, that any such reletting prior to termination shall be for the account of TenantLessee, and Tenant Lessee shall remain liable for for: (i1) all rent All Minimum Annual Rent, Additional Rent and other sums which would be payable under this Lease by Tenant Lessee in the absence of such expiration, termination or repossession, less less (ii2) the The net proceeds, if any, of any reletting effected effective for the account of Tenant Lessee after deducting from such proceeds without limitation, all of Landlord’s actual repossession costs, broker's commissions, attorneys' fees and expenses, attorneys’ fees, employees’ ' expenses, reasonable alteration costs, costs and expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premisesreletting. If the Premises are at the time of default sublet or leased by Tenant Lessee to others, Landlord Lessor may, as Tenant’s Lessee's agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts obligations due hereunder without in any way affecting Tenant’s obligation Lessee's obligations to Landlord hereunder.Lessor

Reletting. With At any time when the Landlord is entitled to re-enter the Leased Premises or without terminating terminate this Lease, as the Landlord may electwithout notice to the Tenant and without terminating the Lease enter upon and take custody of the Leased Premises in the name of and as agent of the Tenant, Landlord maytogether with all the Tenant's improvements, by summary proceedings, re-enter fixtures and repossess the Premises, or any part thereoffurnishings, and lease them sublet the Leased Premises in the name of and as the agent of the Tenant on whatever terms the Landlord may deem appropriate but no such action by the Landlord shall waive any of the obligations of the Tenant or limit the subsequent exercise of any of the Landlord's remedies for default. If the Landlord shall sublet the Leased Premises as aforesaid, the Landlord shall be entitled to receive all sublease rent and apply the same in its discretion to any other person upon such terms as indebtedness of the Tenant to the Landlord shall deem reasonable, for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by and/or to the payment of any costs and expenses of reletting, and the Landlord shall be liable to account to the Tenant in only for the absence of such expiration, termination or repossession, less (ii) the net proceedsexcess, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premisesmonies actually received by it. If the Premises are at sublease rent is less than is necessary to pay and discharge all the time then existing and continuing obligations of default sublet or leased by the Tenant to othershereunder, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply the Tenant shall pay such rents deficiency to the rent Landlord upon demand from time to time. Notwithstanding any such re-entry and subletting without termination, the Landlord may at any time thereafter terminate this Lease by reason of the previous or any other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder.default under the Lease and the provisions of Section 10.02 shall apply. DISTRESS

Reletting. With or without terminating this In the event Landlord terminates the Lease, as Landlord may electmake repairs, alterations and additions in or to the Premises and redecorate the same to the extent deemed by Landlord maynecessary, by summary proceedingsand, re-enter and repossess in connection therewith, change the locks to the Premises, or any part thereof, and lease them to any other person Tenant shall upon such terms as Landlord shall deem reasonable, demand pay the cost thereof together with Landlord’s expenses of reletting (provided that if same is relet for a term within or period beyond the term of this Lease; provided, that such costs shall be appropriately prorated). Landlord may collect the rents from any such reletting prior and apply the same first to termination the payment of the expenses of re-entry, redecoration, repair and alterations and the expense of reletting (including without limitation brokers’ commissions and reasonable attorneys’ fees) and second to the payment of Rent herein provided to be paid by Tenant. Any excess or residue shall be for operate only as an offsetting credit against the account amount of TenantRent as the same theretofore became or thereafter becomes due and payable hereunder, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant in but the absence use of such expiration, termination or repossession, less (ii) offsetting credit to reduce the net proceedsamount of Rent due Landlord, if any, of shall not be deemed to give Tenant any reletting effected for the account of Tenant after deducting from right, title or interest in or to such proceeds all of excess or residue and any such excess or residue shall belong solely to Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for . No such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premises. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder.re-entry or

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, may re-enter and repossess the Demised Premises, or any part thereof, and lease them the Demised Premises or any part thereof to any other person upon such terms as Landlord shall deem reasonable, for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent Annual Fixed Rent, Additional Rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual 's expenses, reasonable attorneys’ fees' fees and expenses, employees’ ' expenses, reasonable brokerage commissions and fees, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses expenses, direct or indirect, incurred as a result of Tenant’s 's breach of this the Lease. Landlord shall use commercially reasonable efforts to relet the Demised Premises. If the Demised Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s 's agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s 's obligation to Landlord hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With Landlord may, with or without terminating this Lease, reenter the Premises as provided in Section 12.2.2 and relet all or any part of the Premises, for any term, for any rent, and on any terms and conditions, whereupon Tenant shall be obligated to pay to Landlord as liquidated damages the difference between the rent provided for herein and that provided for in any lease covering a subsequent reletting of the Premises, for the period which would otherwise have constituted the balance of the Term of this Lease, together with all of Landlord's reasonable costs and expenses for preparing the Premises for reletting, including without limitation all repairs, tenant finish improvements, and brokers' and attorneys' fees that Landlord, in its sole discretion, may incur, and all loss or damage which Landlord may electsustain by reason of such reentry and reletting. Landlord may recover such liquidated damages at the time of such reletting or by successive actions (without prejudice to further actions) as such damages become determinable. Landlord shall use reasonable efforts to mitigate its damages by reletting the Premises; provided, however, that this obligation shall not require Landlord may, by summary proceedings, re-enter to relet the Premises on the same terms and repossess conditions as set forth herein. Landlord shall in no event be liable in any way for failure to relet the Premises, or any part thereofin the event that the Premises are relet, for failure to collect the rent under such reletting, and lease them in no event shall Tenant be entitled to any other person upon such terms as Landlord shall deem reasonable, for a term within or beyond receive the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceedsexcess, if any, of any reletting effected for such net rent collected over the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premises. If the Premises are at the time of default sublet or leased sums payable by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder.

Reletting. With or without terminating this Lease, as Landlord LESSOR may elect, Landlord may, by summary proceedings, LESSOR may re-enter and repossess the Leased Premises, or any part thereof, and lease them relet the Leased Premises to any other person upon such terms as Landlord LESSOR shall deem reasonable, for a term within or beyond the term of this LeaseTerm; provided, that any such reletting prior to termination shall be for the account of TenantLESSEE, and Tenant LESSEE shall remain liable for for (i) all rent Rent and other sums which would be payable under this Lease by Tenant XXXXXX in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant LESSEE after deducting from such proceeds all of LandlordLESSOR’s actual reasonable expenses, including but not limited to commissions, reasonable attorneys’ feesfees and expenses, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual reasonable costs and expenses expenses, direct or indirect, incurred as a result of TenantXXXXXX’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premises. If the Leased Premises are are, at the time of default default, sublet or leased by Tenant XXXXXX to others, Landlord XXXXXX may, as TenantXXXXXX’s agent, collect rents due from any subtenant or other tenant LESSEE and apply such rents to the rent Rent and other amounts due hereunder without in any way affecting TenantXXXXXX’s obligation to Landlord LESSOR hereunder.. Such agency, being given for security, is hereby declared to be irrevocable. If LESSOR shall re-enter and repossess the Leased Premises, XXXXXX agrees that LESSOR shall make commercially reasonable efforts to relet the Leased Premises. Sample

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, may re-enter and repossess in accordance with law the Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, reasonable for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent Fixed Rent, Additional Rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, including employees’ expenses, attorneys’ fees, employees’ expensesreal estate brokerage commissions and alteration expenses (if any), reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premises. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. (A) With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, re-enter may reenter and repossess the Demised Premises, or any part thereof, and lease them (subject to any then existing sublease) Lease the Premises to any other person or entity upon such terms as Landlord shall deem reasonable, for a term within or beyond the term Term of this Lease; provided, that any . Any such reletting prior to termination shall be for the account of Tenant, and . Tenant shall remain liable for (iX) all Minimum Annual Rent and additional rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds Tenant, and for (Y) all of Landlord’s actual expenses in connection with such reletting (including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorneys’ feesfees and expenses, employees’ expenses, reasonable alteration costs, and expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premises. reletting). (B) If the Demised Premises are at the time of default the occurrence of the Event of Default sublet or leased by Tenant to others, Landlord may, as TenantTxxxxx’s agent, collect rents due from any subtenant or other tenant and shall apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, may re-enter and repossess the Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, commercially reasonable for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent Fixed Rent, Additional Rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, including reasonable attorneys’ fees, employees’ expensesreal estate brokerage commissions and alteration expenses (if any), reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts have no obligation to relet the PremisesPremises (x) if Landlord, or any of its affiliates, have other comparable space available for rent, (y) for a rental less than the fair market rental then prevailing for other comparable space, or (z) under terms and conditions that are unacceptable to Landlord, acting reasonably. If the Premises are at the time of default Event of Default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, may re-enter and repossess the Demised Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, for a term within or beyond the term of this LeaseLease Term; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent Annual Fixed Rent, Additional Rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after determined by deducting from the gross proceeds of any such proceeds reletting all of Landlord’s actual 's expenses, attorneys’ fees' fees and expenses, employees’ ' expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses expenses, direct or indirect, incurred as a result of Tenant’s 's breach of this Lease. Landlord and Tenant agree that Landlord shall use commercially reasonable efforts have no obligation to relet the Premisesmitigate Landlord's damages under this Lease. If the Demised Premises are at the time of default any Event of Default sublet or leased by Tenant to others, Landlord may, as Tenant’s 's agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s 's obligation to Landlord hereunder. Such agency, being given for security, is hereby declared to be irrevocable.