Common use of Reletting Clause in Contracts

Reletting. Without terminating or effecting a forfeiture of this Lease or otherwise relieving Tenant of any obligation hereunder in the absence of express written notice of Landlord's election to do so, Landlord may, but need not, re-enter the leased premises, remove all persons therefrom and relet the leased premises or any portion thereof at any time or from time to time and for such terms and upon such conditions and rental as Landlord in its sole discretion may deem proper. The rent or other proceeds received by Landlord from such reletting shall be applied: first, to the payment of any indebtedness other than Minimum Annual Rental due hereunder from Tenant to Landlord; second, to the payment of any cost of such reletting; third, to the payment of the cost of any repairs to the leased premises; fourth, to the payment of Minimum Annual Rental due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future amounts as the same may become due and payable hereunder. Should the rent for such reletting, during any month for which the payment of rent is required hereunder, be less than the rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand therefore by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting, including the costs of repairs to the leased premises, not covered by the rentals received from such reletting. Such payments by Tenant shall be due at the times provided in this Lease, and Landlord need not wait until the termination of this Lease to recover them by legal action or in any other manner. If Landlord relets the leased premises or any portion thereof, such reletting shall not relieve Tenant of any obligation hereunder, except that Landlord shall apply the rent or other proceeds actually collected by it for such reletting against amounts due from Tenant hereunder to the extent such proceeds compensate Landlord for nonperformance of any obligation of Tenant hereunder. Landlord may execute any lease made pursuant hereto in its own name, and the Tenant thereunder shall be under no obligation to see to the application by Landlord of any proceeds to Tenant, nor shall Tenant have any right to collect any such proceeds. Landlord shall not by any re-entry or other act be deemed to have accepted any surrender by Tenant of the leased premises or Tenant's interest therein, or be deemed to have terminated this Lease, or to have relieved Tenant of any obligation hereunder, unless Landlord shall have given Tenant express written notice of Landlord's election to do so as set forth herein. Notwithstanding any reletting by Landlord because of any default by Tenant, without termination of this Lease, Landlord may at any time after such reletting elect to terminate this Lease for any such default.

Reletting. Without terminating In the event of the abandonment of the Premises by Tenant or effecting a forfeiture of this Lease or otherwise relieving Tenant of any obligation hereunder in the absence of express written notice of Landlord's election event that Landlord shall elect to do so, Landlord may, but need not, re-enter as provided in Paragraph 25(c) or shall take possession of the leased premisesPremises pursuant to legal proceeding or pursuant to any notice provided by law, remove all persons therefrom and relet the leased premises or any portion thereof at any time or then if Landlord does not elect to terminate this Lease as provided in P▇▇▇▇▇▇▇▇ ▇▇(▇), ▇▇▇▇▇▇▇▇ may from time to time and time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions and rental as Landlord in its sole discretion may deem properadvisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretion. The rent or other proceeds In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be appliedapplied in the following order: first, (i) 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; (ii) to the payment of any indebtedness other than Minimum Annual Rental Rent due hereunder from Tenant to Landlord; second, (iii) to the payment of any cost costs of such reletting; third, (iv) to the payment of the cost costs of any alterations and repairs to the leased premisesPremises; fourth, (v) to the payment of Minimum Annual Rental Rent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future amounts Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should the rent for that portion of such reletting, rentals received from such reletting during any month for month, which is applied to the payment of rent is required Rent hereunder, be less than the rent Rent payable during that the month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand therefore by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting, including the costs of reletting or in making such alterations and repairs to the leased premises, not covered by the rentals received from such reletting. Such payments by Tenant shall be due at the times provided in this Lease, and Landlord need not wait until the termination of this Lease to recover them by legal action or in any other manner. If Landlord relets the leased premises or any portion thereof, such reletting shall not relieve Tenant of any obligation hereunder, except that Landlord shall apply the rent or other proceeds actually collected by it for such reletting against amounts due from Tenant hereunder to the extent such proceeds compensate Landlord for nonperformance of any obligation of Tenant hereunder. Landlord may execute any lease made pursuant hereto in its own name, and the Tenant thereunder shall be under no obligation to see to the application by Landlord of any proceeds to Tenant, nor shall Tenant have any right to collect any such proceeds. Landlord shall not by any re-entry or other act be deemed to have accepted any surrender by Tenant of the leased premises or Tenant's interest therein, or be deemed to have terminated this Lease, or to have relieved Tenant of any obligation hereunder, unless Landlord shall have given Tenant express written notice of Landlord's election to do so as set forth herein. Notwithstanding any reletting by Landlord because of any default by Tenant, without termination of this Lease, Landlord may at any time after such reletting elect to terminate this Lease for any such default.

Reletting. Without terminating In the event of the abandonment of tire Premises by Concessionaire or effecting a forfeiture of this Lease or otherwise relieving Tenant of any obligation hereunder in the absence of express written notice of Landlord's election event that City shall elect to do so, Landlord may, but need not, re-enter as provided in Section 11.2,3 or shall take possession of the leased premisesPremises pursuant to legal proceeding or pursuant to any notice provided by law, remove all persons therefrom and relet the leased premises or any portion thereof at any time or then if City does not elect to tenninate this Agreement as provided in Section 11,2.1. City may - from time to time and time, without tenninating this Agreement, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions and rental as Landlord City in its sole discretion may deem properadvisable with the right to make alterations and repairs to tire Premises in City's sole discretion. The rent or other proceeds In tire event that City shall elect to so relet, then rentals received by Landlord City from such reletting shall be appliedapplied in the following order: first, (a) to reasonable attorneys' fees incurred by City as a result of a Default and costs in the event suit is filed by City to enforce such remedies; (b) to tire payment of any indebtedness other than Minimum Annual Rental Rent due hereunder from Tenant Concessionaire to LandlordCity; second, (c) to the payment of any cost costs of such reletting; third, (d) to the payment of the cost costs of any alterations and repairs to the leased premisesPremises; fourth, (e) to the payment of Minimum Annual Rental Rent due and unpaid hereunder; and (f) the residue, if any, shall be held by Landlord City and applied in payment of future amounts Rent arrd other sums payable by Concessionaire hereunder as the same may become due and payable payable, hereunder. Should the rent for that portion of such reletting, rentals received from such reletting during any month for month, which is applied to the payment of rent is required Rent hereunder, be less than the rent Rent payable during that the month by Tenant 09-11-14 Retail Is1 Amended Concession Agr K:RT/CDG/Co»cessions/T4578 Rev/FB/ Concessionaire, LAA-8552 Concessionaire hereunder, then Tenant Concessionaire shall pay such deficiency to Landlord immediately upon demand therefore by LandlordCity. Such deficiency shall be calculated and paid monthly. Tenant Concessionaire shall also pay to LandlordCity, as soon as ascertained, any costs and expenses incurred by Landlord City in such reletting, including the costs of reletting or in making such alterations and repairs to the leased premises, not covered by the rentals received from such reletting. Such payments by Tenant shall be due at the times provided in this Lease, and Landlord need not wait until the termination of this Lease to recover them by legal action or in any other manner. If Landlord relets the leased premises or any portion thereof, such reletting shall not relieve Tenant of any obligation hereunder, except that Landlord shall apply the rent or other proceeds actually collected by it for such reletting against amounts due from Tenant hereunder to the extent such proceeds compensate Landlord for nonperformance of any obligation of Tenant hereunder. Landlord may execute any lease made pursuant hereto in its own name, and the Tenant thereunder shall be under no obligation to see to the application by Landlord of any proceeds to Tenant, nor shall Tenant have any right to collect any such proceeds. Landlord shall not by any re-entry or other act be deemed to have accepted any surrender by Tenant of the leased premises or Tenant's interest therein, or be deemed to have terminated this Lease, or to have relieved Tenant of any obligation hereunder, unless Landlord shall have given Tenant express written notice of Landlord's election to do so as set forth herein. Notwithstanding any reletting by Landlord because of any default by Tenant, without termination of this Lease, Landlord may at any time after such reletting elect to terminate this Lease for any such default.

Reletting. Without terminating or effecting a forfeiture (1) Upon termination of this Lease or otherwise relieving Tenant expiration of Tenant’s right to occupy the Premises by reason of the happening of any obligation hereunder of the foregoing events, or in any other manner or circumstances whatsoever, whether with or without legal proceedings, by reason of or based upon or arising out of a default or breach of this Lease on the absence part of express written notice of Landlord's election to do soTenant, Landlord may, but need notat its option, re-enter the leased premises, remove all persons therefrom and relet the leased premises or any portion thereof at any time or and from time to time relet the Premises or any part or parts thereof, for the account of Tenant or otherwise, and for such terms receive and upon such conditions and rental as Landlord in its sole discretion may deem proper. The collect the rent or other proceeds received by Landlord from such reletting shall be applied: firsttherefore, applying the same first to the payment of such expenses as Landlord may have incurred in recovering possession of the Premises, including the attorney’s fees and expenses for putting the same into good order and condition or preparing or altering the same for re-rental to the extent Landlord deems necessary or desirable and all other commercially reasonable expenses, commissions and charges paid, assumed or incurred by Landlord in or about reletting the Premises and then to the fulfillment of the covenants of Tenant hereunder. Any such reletting herein provided for may be for the remainder of the initial term or any indebtedness renewal term of this Lease, as originally granted, or for a longer or shorter period; Landlord shall have the right to change the character and use made of the Premises, and Landlord shall not be required to accept any substitute tenant offered by Tenant or to observe any instructions given by Tenant about reletting. (2) In any such case, and whether or not the Premises or any part thereof be relet, Tenant shall pay to Landlord the Base Rent and all Additional Rent and other than Minimum Annual Rental due hereunder from charges required to be paid by Tenant up to the later of the time of such termination of the Lease or of such recovery of possession of the Premises by Landlord; second, as the case may be, and thereafter, except in a case in which liability of Tenant (as hereinafter provided), arises by reason of the happening of the insolvency of Tenant, Tenant covenants and agrees, if required by Landlord, to pay to Landlord until the payment end of the initial term of this Lease, or any cost renewal term, as the case may be, the equivalent of the amount of all Rent reserved hereunder, and all other charges required to be paid by Tenant, less the net proceeds of reletting, if any. Landlord shall have the election in place of holding Tenant so liable forthwith to recover against Tenant as damages for loss of the bargain and not as a penalty, an aggregate sum which at the time of such reletting; third, to the payment termination of this Lease or of such recovery of possession of the cost Premises by Landlord, as the case may be, represents the then present worth of any repairs to the leased premises; fourth, to the payment of Minimum Annual Rental due and unpaid hereunder; and the residueexcess, if any, shall be held of the aggregate of the Rent and all other charges payable by Landlord and applied in payment Tenant hereunder that would have accrued for the balance of future amounts the initial term, or any renewal term, as the same case may become due and payable hereunder. Should be, over the rent for such reletting, during any month for which the payment of rent is required hereunder, be less than the rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand therefore by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting, including the costs of repairs to the leased premises, not covered by the rentals received from such reletting. Such payments by Tenant shall be due at the times provided in this Lease, and Landlord need not wait until the termination of this Lease to recover them by legal action or in any other manner. If Landlord relets the leased premises or any portion thereof, such reletting shall not relieve Tenant of any obligation hereunder, except that Landlord shall apply the rent or other proceeds actually collected by it for such reletting against amounts due from Tenant hereunder to the extent such proceeds compensate Landlord for nonperformance of any obligation of Tenant hereunder. Landlord may execute any lease made pursuant hereto in its own name, and the Tenant thereunder shall be under no obligation to see to the application by Landlord of any proceeds to Tenant, nor shall Tenant have any right to collect any such proceeds. Landlord shall not by any re-entry or other act be deemed to have accepted any surrender by Tenant present worth of the leased premises or Tenant's interest therein, or be deemed to have terminated this Lease, or to have relieved Tenant fair market rents and all other charges for the Premises for the balance of any obligation hereunder, unless Landlord shall have given Tenant express written notice of Landlord's election to do so as set forth herein. Notwithstanding any reletting by Landlord because of any default by Tenant, without termination of this Lease, Landlord may at any time after such reletting elect to terminate this Lease for any such defaultterm.

Reletting. Without terminating In the event of the abandonment of the Premises by Tenant or effecting a forfeiture of this Lease or otherwise relieving Tenant of any obligation hereunder in the absence of express written notice of Landlord's election if Landlord elects to do so, Landlord may, but need not, re-enter as provided in Paragraph 25.3 or takes possession of the leased premisesPremises pursuant to legal proceeding or pursuant to any notice provided by law, remove all persons therefrom and relet the leased premises or any portion thereof at any time or then without terminating Tenant’s contractual liability for Landlord’s damages, Landlord may from time to time and relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions and rental as Landlord in its sole discretion may deem properadvisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretion. The rent or other proceeds If Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be appliedapplied in the following order: first, (i) 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; (ii) to the payment of any indebtedness other than Minimum Annual Rental Rent due hereunder from Tenant to Landlord; second, (iii) to the payment of any cost costs of such reletting; third, (iv) to the payment of the cost costs of any alterations and repairs to the leased premisesPremises; fourth, (v) to the payment of Minimum Annual Rental Rent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future amounts Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should the rent for that portion of such reletting, rentals received from such reletting during any month for month, which is applied to the payment of rent is required Rent hereunder, be less than the rent Rent payable during that such month by Tenant hereunderTenant, then Tenant shall pay such deficiency to Landlord immediately upon demand therefore by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting, including the costs of reletting or in making such alterations and repairs to the leased premises, not covered by the rentals received from such reletting. Such payments by Tenant shall be due at the times provided in this Lease, and Landlord need not wait until the termination of this Lease to recover them by legal action or in any other manner. If Landlord relets the leased premises or any portion thereof, such reletting shall not relieve Tenant of any obligation hereunder, except that Landlord shall apply the rent or other proceeds actually collected by it for such reletting against amounts due from Tenant hereunder to the extent such proceeds compensate Landlord for nonperformance of any obligation of Tenant hereunder. Landlord may execute any lease made pursuant hereto in its own name, and the Tenant thereunder shall be under no obligation to see to the application by Landlord of any proceeds to Tenant, nor shall Tenant have any right to collect any such proceeds. Landlord shall not by any re-entry or other act be deemed to have accepted any surrender by Tenant of the leased premises or Tenant's interest therein, or be deemed to have terminated this Lease, or to have relieved Tenant of any obligation hereunder, unless Landlord shall have given Tenant express written notice of Landlord's election to do so as set forth herein. Notwithstanding any reletting by Landlord because of any default by Tenant, without termination of this Lease, Landlord may at any time after such reletting elect to terminate this Lease for any such default.

Reletting. Without terminating In the event of the abandonment of the Premises by Tenant or effecting a forfeiture of this Lease or otherwise relieving Tenant of any obligation hereunder in the absence of express written notice of Landlord's election event that Landlord shall elect to do so, Landlord may, but need not, re-enter as provided in Paragraph 26(c) or shall take possession of the leased premisesPremises pursuant to legal proceeding or pursuant to any notice provided by law, remove all persons therefrom and relet the leased premises or any portion thereof at any time or then if Landlord does not elect to terminate this Lease as provided in ▇▇▇▇▇▇▇▇▇ ▇▇(▇), ▇▇▇▇▇▇▇▇ may from time to time and time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions and rental as Landlord in its sole discretion may deem properadvisable with the right to make alterations and repairs to the Premises in Landlord's sole discretion. The rent or other proceeds In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be appliedapplied in the following order: first, (i) 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; (ii) to the payment of any indebtedness other than Minimum Annual Rental Rent due hereunder from Tenant to Landlord; second, (iii) to the payment of any cost costs of such reletting; third, (iv) to the payment of the cost costs of any alterations and repairs to the leased premisesPremises; fourth, (v) to the payment of Minimum Annual Rental Rent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future amounts Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should the rent for that portion of such reletting, rentals received from such reletting during any month for month, which is applied to the payment of rent is required Rent hereunder, be less than the rent Rent payable during that the month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand therefore by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting, including the costs of reletting or in making such alterations and repairs to the leased premises, not covered by the rentals received from such reletting. Such payments by Tenant shall be due at the times provided in this Lease, and Landlord need not wait until the termination of this Lease to recover them by legal action or in any other manner. If Landlord relets the leased premises or any portion thereof, such reletting shall not relieve Tenant of any obligation hereunder, except that Landlord shall apply the rent or other proceeds actually collected by it for such reletting against amounts due from Tenant hereunder to the extent such proceeds compensate Landlord for nonperformance of any obligation of Tenant hereunder. Landlord may execute any lease made pursuant hereto in its own name, and the Tenant thereunder shall be under no obligation to see to the application by Landlord of any proceeds to Tenant, nor shall Tenant have any right to collect any such proceeds. Landlord shall not by any re-entry or other act be deemed to have accepted any surrender by Tenant of the leased premises or Tenant's interest therein, or be deemed to have terminated this Lease, or to have relieved Tenant of any obligation hereunder, unless Landlord shall have given Tenant express written notice of Landlord's election to do so as set forth herein. Notwithstanding any reletting by Landlord because of any default by Tenant, without termination of this Lease, Landlord may at any time after such reletting elect to terminate this Lease for any such default.

Reletting. Without If Landlord terminates the right of Tenant to possession of the Premises without terminating this Lease, such termination of possession shall not release Tenant, in whole or effecting a forfeiture of this Lease or otherwise relieving Tenant of any obligation in part, from Tenant's obligations hereunder in for the absence of express written notice of Landlord's election to do so, full Term. Landlord may, but need not, re-enter shall have the leased premises, remove all persons therefrom and relet the leased premises or any portion thereof at any time or right from time to time time, to recover from Tenant, and Tenant shall remain liable for, all rent and any other sums accruing as they become due under this Lease during the period from the date of such notice of termination of possession to the expiration of the Term. In any such case, Landlord shall use all reasonable efforts to relet the Premises or any part thereof for the account of Tenant for such terms rent, for such time (which may be for a term extending beyond the Term of this Lease) and upon such conditions and rental terms as Landlord in its sole Landlord's reasonable discretion shall determine, and Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant relative to such reletting. Also, in any such case, Landlord may deem proper. The rent change the locks or other proceeds received entry devices of the Premises and make repairs, alterations and additions in or to the Premises and redecorate the same to the extent deemed by Landlord reasonably necessary or desirable, and Tenant shall upon ten (10) days written notice pay the cost thereof together with Landlord's expenses of reletting, including, without limitation, brokerage commissions payable to Landlord's Agent or to others. Landlord may collect the rents from any such reletting shall be applied: first, to and apply the payment of any indebtedness other than Minimum Annual Rental due hereunder from Tenant to Landlord; second, to the payment of any cost of such reletting; third, same first to the payment of the cost expenses of any repairs to reentry, redecoration, repair and alterations and the leased premises; fourth, expenses of reletting and second to the payment of Minimum Annual Rental Base Rent and Additional Rent herein provided to be paid by Tena▇▇, ▇▇d any excess or residue shall operate only as an offsetting credit against the amount of Base Rent and Additional Rent due and unpaid owing as the same thereafter becomes due and payable hereunder; . The use of such offsetting credit to reduce the amount of Base Rent and the residueAdditional Rent due Landlord, if any, shall not be held by deemed to give Tenant any right, title or interest in or to such excess or residue and any such excess or residue shall belong to Landlord solely; provided that in no event shall Tenant be entitled to a credit on its indebtedness to Landlord in excess of the aggregate sum (including Base Rent and applied in payment of future amounts as the same may become Additional Rent) due and payable hereunder. Should owing or which would have been paid by Tenant for the rent for such reletting, during any month period for which the payment of rent credit to Tenant is required hereunderbeing determined, be less than the rent payable during that month by Tenant hereunderhad no default occurred, then Tenant shall pay as applicable. No such deficiency to Landlord immediately upon demand therefore by Landlord. Such deficiency reentry, repossession, repairs, alterations, additions or reletting shall be calculated and paid monthly. construed as an eviction or ouster of Tenant shall also pay or as an election on Landlord's part to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting, including the costs of repairs to the leased premises, not covered by the rentals received from such reletting. Such payments by Tenant shall be due at the times provided in terminate this Lease, and Landlord need not wait until the termination unless a written notice of this Lease to recover them by legal action or in any other manner. If Landlord relets the leased premises or any portion thereof, such reletting shall not relieve Tenant of any obligation hereunder, except that Landlord shall apply the rent or other proceeds actually collected by it for such reletting against amounts due from Tenant hereunder to the extent such proceeds compensate Landlord for nonperformance of any obligation of Tenant hereunder. Landlord may execute any lease made pursuant hereto in its own name, and the Tenant thereunder shall be under no obligation to see to the application by Landlord of any proceeds intention is given to Tenant, nor or shall operate to release Tenant have in whole or in part from any right to collect any such proceeds. Landlord shall not by any re-entry or other act be deemed to have accepted any surrender by Tenant of the leased premises or Tenant's interest therein, or be deemed to have terminated this Lease, or to have relieved Tenant of any obligation obligations hereunder, unless and Landlord shall have given Tenant express written notice of Landlord's election to do so as set forth herein. Notwithstanding any reletting by Landlord because of any default by Tenantmay, without termination of this Lease, Landlord may at any time after such reletting elect and from time to terminate this Lease time, sue and recover judgment for any deficiencies from time to time remaining after the application from time to time of the proceeds of any such defaultreletting.

Reletting. Without terminating Should Landlord elect to re-enter, as herein provided, or effecting a forfeiture of should Landlord take possession pursuant to legal proceedings or pursuant to any notice provided by law, Landlord may either terminate this Lease or otherwise relieving Tenant of any obligation hereunder in the absence of express written notice of Landlord's election to do so, Landlord may, but need not, re-enter the leased premises, remove all persons therefrom and relet the leased premises or any portion thereof at any time or it may from time to time without terminating this lease, make such reasonable alterations and reasonable repairs as may be necessary in order to rent the premises, and relet said premises or any part thereof for such term or terms (which may but need not necessarily be for a term extending beyond the term of this Lease) and at such rental or rentals and upon other terms and upon such conditions and rental as Landlord in its sole exclusive discretion may deem proper. The rent or other proceeds advisable; and upon each such reletting all rentals received by the Landlord from such reletting shall be applied: applied first, to the payment of any indebtedness other than Minimum Annual Rental rent due hereunder from Tenant to Landlord; second, to the payment of any cost costs and expenses of such relettingrecovering and reletting the premises; third, to the payment of the cost of any repairs to the leased premises; fourth, to the payment of Minimum Annual Rental rent and other charges due and unpaid hereunder; and the residue, if any, shall be held by the Landlord and applied in payment of future amounts rent and other charges as the same may become due and payable hereunder. Should the rent for If such reletting, rentals received from such reletting during any month for which the payment of rent is required hereunder, months shall be less than the rent payable that to be paid during that month by Tenant hereunder, then Tenant shall pay any such deficiency to Landlord immediately upon demand therefore by Landlordlandlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in No such reletting, including the costs of repairs to the leased premises, not covered by the rentals received from such reletting. Such payments by Tenant shall be due at the times provided in this Lease, and Landlord need not wait until the termination of this Lease to recover them by legal action or in any other manner. If Landlord relets the leased premises or any portion thereof, such reletting shall not relieve Tenant of any obligation hereunder, except that Landlord shall apply the rent or other proceeds actually collected by it for such reletting against amounts due from Tenant hereunder to the extent such proceeds compensate Landlord for nonperformance of any obligation of Tenant hereunder. Landlord may execute any lease made pursuant hereto in its own name, and the Tenant thereunder shall be under no obligation to see to the application by Landlord of any proceeds to Tenant, nor shall Tenant have any right to collect any such proceeds. Landlord shall not by any re-entry or other act be deemed to have accepted any surrender taking possession of said premises by Tenant of the leased premises or Tenant's interest therein, or be deemed to have terminated this Lease, or to have relieved Tenant of any obligation hereunder, unless Landlord shall have given Tenant express be construed as an election on its part to terminate this Lease unless a written notice of Landlord's election such intention be given to do so as set forth hereinTenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting by Landlord because of any default by Tenant, without termination of this Leasetermination, Landlord may at any time after such reletting thereafter elect to terminate this Lease for any such default.previous breach. Should Landlord at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant damages it may incur by reason of such breach, including any unpaid rent and other charges or amounts due under this Lease which are due and owing at the time of termination, and reasonable attorneys' fees and other costs of recovering, repairing and redecorating the premises to a condition sufficient for reletting same. In addition, in the event of termination by Landlord as aforesaid if Landlord at its option and exclusive discretion so elects, Tenant shall pay to Landlord, on demand, as liquidated, agreed damages, the following: The sum of (i) the difference between: (a) the rent and other charges which would have been payable from the date of such demand to the date when this Lease would have expired if it had not been terminated as aforesaid, and (b) the fair rental value of the demised premises for the same period. with said difference being discounted at the rate of eight percent (8%) per annum to present worth; and

Reletting. Without terminating or effecting a forfeiture of this Lease or otherwise relieving Tenant of any obligation hereunder in the absence of express written notice of Landlord's election Should Landlord elect to do so, Landlord may, but need not, re-enter the leased premisesenter, remove all persons therefrom and relet the leased premises as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any portion thereof at any time notice provided by law, it may either terminate this lease or it may from time to time without terminating this lease, make such reasonable alterations and premises, and relet said premises or any part thereof for such term or terms (which may be for a term extending beyond the term of this lease) and at such rental or rentals and upon other terms and upon such conditions and rental as Landlord in its sole discretion may deem proper. The rent or other proceeds advisable; upon each such reletting all rentals received by Landlord from such reletting shall be applied: applied first, to the payment of any indebtedness other than Minimum Annual Rental rent due hereunder from Tenant to Landlord; second, to the payment of any cost costs and expenses of such reletting, including brokerage fees and attorneys' fees and costs of such reasonable alterations and reasonable repairs (which shall not include special alterations and repairs for unusual specifications of the new tenant); third, to the payment of the cost of any repairs to the leased premises; fourth, to the payment of Minimum Annual Rental rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future amounts rent as the same may become due and payable hereunder. Should the rent for If such reletting, rentals received from such reletting during any month for which the payment of rent is required hereunder, be less than the rent payable that to be paid during that month by Tenant hereunder, then Tenant shall pay any such deficiency to Landlord immediately upon demand therefore by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in No such reletting, including the costs of repairs to the leased premises, not covered by the rentals received from such reletting. Such payments by Tenant shall be due at the times provided in this Lease, and Landlord need not wait until the termination of this Lease to recover them by legal action or in any other manner. If Landlord relets the leased premises or any portion thereof, such reletting shall not relieve Tenant of any obligation hereunder, except that Landlord shall apply the rent or other proceeds actually collected by it for such reletting against amounts due from Tenant hereunder to the extent such proceeds compensate Landlord for nonperformance of any obligation of Tenant hereunder. Landlord may execute any lease made pursuant hereto in its own name, and the Tenant thereunder shall be under no obligation to see to the application by Landlord of any proceeds to Tenant, nor shall Tenant have any right to collect any such proceeds. Landlord shall not by any re-entry or other act be deemed to have accepted any surrender by Tenant taking possession of the leased premises or Tenant's interest therein, or be deemed to have terminated this Lease, or to have relieved Tenant of any obligation hereunder, unless Demised Premises by Landlord shall have given Tenant express be construed as an election on its part to terminate this lease unless a written notice of Landlord's election such intention be given to do so as set forth hereinTenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting by Landlord because of any default by Tenant, without termination of this Leasetermination, Landlord may at any time after such reletting thereafter elect to terminate this Lease lease for any such defaultprevious breach. Should Landlord at any time terminate this lease for any breach, in addition to any other remedies it may have, it may recover from Tenant damages it may incur by reason of such breach, including attorneys' fees (which must be reasonable) and other costs of recovering the Demised Premises.

Reletting. Without terminating In the event of the abandonment of the Premises by Tenant or effecting a forfeiture of this Lease or otherwise relieving Tenant of any obligation hereunder in the absence of express written notice of Landlord's election event that Landlord shall elect to do so, Landlord may, but need not, re-enter as provided in Paragraph 25(b) or shall take possession of the leased premisesPremises pursuant to legal proceeding or pursuant to any notice provided by law, remove all persons therefrom and relet the leased premises or any portion thereof at any time or then if Landlord does not elect to terminate this Lease as provided in ▇▇▇▇▇▇▇▇▇ ▇▇(▇), ▇▇▇▇▇▇▇▇ may from time to time and time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions and rental as Landlord in its sole discretion may deem properadvisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretion. The rent or other proceeds In the event that Landlord shall elect to so relent, then rentals received by Landlord from such reletting shall be appliedapplied in the following order: first, (i) 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; (ii) to the payment of any indebtedness other than Minimum Annual Rental Rent due hereunder from Tenant to Landlord; second, (iii) to the payment of any cost costs of such reletting; third, (iv) to the payment of the cost costs of any alterations and repairs to the leased premisesPremises; fourth, (v) to the payment of Minimum Annual Rental Rent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future amounts Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should the rent for that portion of such reletting, rentals received from such reletting during any month for month, which is applied to the payment of rent is required Rent hereunder, be less than the rent Rent payable during that the month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand therefore by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting, including the costs of reletting or in making such alterations and repairs to the leased premises, not covered by the rentals received from such reletting. Such payments by Tenant shall be due at the times provided in this Lease, and Landlord need not wait until the termination of this Lease to recover them by legal action or in any other manner. If Landlord relets the leased premises or any portion thereof, such reletting shall not relieve Tenant of any obligation hereunder, except that Landlord shall apply the rent or other proceeds actually collected by it for such reletting against amounts due from Tenant hereunder to the extent such proceeds compensate Landlord for nonperformance of any obligation of Tenant hereunder. Landlord may execute any lease made pursuant hereto in its own name, and the Tenant thereunder shall be under no obligation to see to the application by Landlord of any proceeds to Tenant, nor shall Tenant have any right to collect any such proceeds. Landlord shall not by any re-entry or other act be deemed to have accepted any surrender by Tenant of the leased premises or Tenant's interest therein, or be deemed to have terminated this Lease, or to have relieved Tenant of any obligation hereunder, unless Landlord shall have given Tenant express written notice of Landlord's election to do so as set forth herein. Notwithstanding any reletting by Landlord because of any default by Tenant, without termination of this Lease, Landlord may at any time after such reletting elect to terminate this Lease for any such default.

Reletting. Without terminating In the event of the abandonment of the Premises by Tenant or effecting a forfeiture of this Lease or otherwise relieving Tenant of any obligation hereunder in the absence of express written notice of Landlord's election event that Landlord shall elect to do so, Landlord may, but need not, re-enter as provided in Paragraph 26(c) or shall take possession of the leased premisesPremises pursuant to legal proceeding or pursuant to any notice provided by law, remove all persons therefrom and relet the leased premises or any portion thereof at any time or then if Landlord does not elect to terminate this Lease as provided in ▇▇▇▇▇▇▇▇▇ ▇▇(▇), ▇▇▇▇▇▇▇▇ may from time to time and time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions and rental as Landlord in its sole discretion may deem properadvisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretion. The rent or other proceeds In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be appliedapplied in the following order: first, (i) 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; (ii) to the payment of any indebtedness other than Minimum Annual Rental Rent due hereunder from Tenant to Landlord; second, (iii) to the payment of any cost costs of such reletting; third, (iv) to the payment of the cost costs of any alterations and repairs to the leased premisesPremises; fourth, (v) to the payment of Minimum Annual Rental Rent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future amounts Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should the rent for that portion of such reletting, rentals received from such reletting during any month for month, which is applied to the payment of rent is required Rent hereunder, be less than the rent Rent payable during that the month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand therefore by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting, including the costs of reletting or in making such alterations and repairs to the leased premises, not covered by the rentals received from such reletting. Such payments by Tenant shall be due at the times provided in this Lease, and Landlord need not wait until the termination of this Lease to recover them by legal action or in any other manner. If Landlord relets the leased premises or any portion thereof, such reletting shall not relieve Tenant of any obligation hereunder, except that Landlord shall apply the rent or other proceeds actually collected by it for such reletting against amounts due from Tenant hereunder to the extent such proceeds compensate Landlord for nonperformance of any obligation of Tenant hereunder. Landlord may execute any lease made pursuant hereto in its own name, and the Tenant thereunder shall be under no obligation to see to the application by Landlord of any proceeds to Tenant, nor shall Tenant have any right to collect any such proceeds. Landlord shall not by any re-entry or other act be deemed to have accepted any surrender by Tenant of the leased premises or Tenant's interest therein, or be deemed to have terminated this Lease, or to have relieved Tenant of any obligation hereunder, unless Landlord shall have given Tenant express written notice of Landlord's election to do so as set forth herein. Notwithstanding any reletting by Landlord because of any default by Tenant, without termination of this Lease, Landlord may at any time after such reletting elect to terminate this Lease for any such default.

Reletting. Without terminating In the event of the abandonment of the Premises by Tenant or effecting a forfeiture of this Lease or otherwise relieving Tenant of any obligation hereunder in the absence of express written notice of Landlord's election event that Landlord shall elect to do so, Landlord may, but need not, re-enter as provided in Paragraph 25(c) or shall take possession of the leased premisesPremises pursuant to legal proceeding or pursuant to any notice provided by law, remove all persons therefrom and then if Landlord does not elect to terminate this Lease as provided in Paragraph 25(a), Landlord may ▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇, without terminating this Lease, relet the leased premises Premises or any portion part thereof at any time or from time to time and for such term or terms and at such rental or rentals and upon such other terms and conditions and rental as Landlord in its sole discretion may deem properadvisable with the right to make alterations and repairs to the Premises in Landlord's sole discretion. The rent or other proceeds In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be appliedapplied in the following order: first, (i) 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; (ii) to the payment of any indebtedness other than Minimum Annual Rental Rent due hereunder from Tenant to Landlord; second, (iii) to the payment of any cost costs of such reletting; third, (iv) to the payment of the cost costs of any alterations and repairs to the leased premisesPremises; fourth, (v) to the payment of Minimum Annual Rental Rent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future amounts Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should the rent for that portion of such reletting, rentals received from such reletting during any month for month, which is applied to the payment of rent is required Rent hereunder, be less than the rent Rent payable during that the month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand therefore by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting, including the costs of reletting or in making such alterations and repairs to the leased premises, not covered by the rentals received from such reletting. Such payments by Tenant shall be due at the times provided in this Lease, and Landlord need not wait until the termination of this Lease to recover them by legal action or in any other manner. If Landlord relets the leased premises or any portion thereof, such reletting shall not relieve Tenant of any obligation hereunder, except that Landlord shall apply the rent or other proceeds actually collected by it for such reletting against amounts due from Tenant hereunder to the extent such proceeds compensate Landlord for nonperformance of any obligation of Tenant hereunder. Landlord may execute any lease made pursuant hereto in its own name, and the Tenant thereunder shall be under no obligation to see to the application by Landlord of any proceeds to Tenant, nor shall Tenant have any right to collect any such proceeds. Landlord shall not by any re-entry or other act be deemed to have accepted any surrender by Tenant of the leased premises or Tenant's interest therein, or be deemed to have terminated this Lease, or to have relieved Tenant of any obligation hereunder, unless Landlord shall have given Tenant express written notice of Landlord's election to do so as set forth herein. Notwithstanding any reletting by Landlord because of any default by Tenant, without termination of this Lease, Landlord may at any time after such reletting elect to terminate this Lease for any such default.

Reletting. Without terminating or effecting a forfeiture of this Lease or otherwise relieving Tenant of any obligation hereunder under this Lease in the absence of express written notice of Landlord's the District’s election to do so, Landlord may, but need not, re-the District may enter the leased premises, remove all persons therefrom and relet the leased premises Premises or any portion thereof at any time or from time to time and for such terms term(s) and upon such conditions condition(s) and at such rental as Landlord in its sole discretion may deem the District deems proper. The rent Whether or other proceeds received by Landlord from such reletting shall be applied: firstnot the Premises are relet, to the payment of any indebtedness other than Minimum Annual Rental due hereunder from Tenant to Landlord; second, to the payment of any cost of such reletting; third, to the payment of the cost of any repairs to the leased premises; fourth, to the payment of Minimum Annual Rental due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future amounts as the same may become due and payable hereunder. Should the rent for such reletting, during any month for which the payment of rent is required hereunder, be less than the rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand therefore by Landlord. Such deficiency shall be calculated the District all amounts required under this Lease up to the date that the District terminates Tenant’s right to possession, and paid monthly. thereafter Tenant shall also pay to Landlordthe District, as soon as ascertaineduntil the end of the Term of the Lease, any costs all rent and expenses incurred by Landlord in such reletting, including additional rent required under the costs terms of repairs to the leased premises, not covered by the rentals received from such relettingthis Lease. Such payments Payments by Tenant shall will be due at the times provided in this Lease, and Landlord the District need not wait until the termination of this Lease to recover them by legal action or in any other mannerthem. If Landlord relets Re- letting of the leased premises Premises or any portion thereof, such reletting shall of the Premises will not relieve Tenant of any obligation under this Lease. Proceeds received by the District from such reletting will be applied: first, to any indebtedness other than rent due from Tenant; second, to costs of reletting; third, to the cost of any alterations and repairs to the Premises; fourth, to rent due and unpaid hereunder, except . Any residual will be held by the District and applied in payment of future rent as the same becomes due under this Lease. Should that Landlord shall apply portion of the proceeds received by the District from re- letting applied to payment of rent be less than the rent or other proceeds actually collected payable by it for Tenant during any month, Tenant shall pay such reletting against amounts due from Tenant hereunder deficiency to the extent such proceeds compensate Landlord for nonperformance of any obligation of Tenant hereunderDistrict immediately upon demand. Landlord The District may execute any lease made pursuant hereto under this section in its own name, and the Tenant thereunder shall be tenant under such lease will have no obligation to see to the application by Landlord the District of any proceeds to Tenantreceived by the District, nor shall will Tenant have any right to collect any such proceeds. Landlord shall The District will not by any re-entry or other act be deemed to have accepted accept any surrender by Tenant of the leased premises or Tenant's interest therein, Premises or be deemed to have terminated terminate this Lease, Lease or to have relieved relieve Tenant of any obligation hereunderunder this Lease, unless Landlord shall have given the District gives Tenant express written notice of Landlord's the District’s election to do so as set forth herein. Notwithstanding any reletting by Landlord because of any default by Tenant, without termination of this Lease, Landlord may at any time after such reletting elect to terminate this Lease for any such defaultso.

Reletting. Without terminating In the event of the abandonment of the Premises by Tenant or effecting a forfeiture of this Lease or otherwise relieving Tenant of any obligation hereunder in the absence of express written notice of Landlord's election if Landlord elects to do so, Landlord may, but need not, re-enter as provided in Paragraph 25(d) or takes possession of the leased premisesPremises pursuant to legal proceeding or pursuant to any notice provided by law, remove all persons therefrom and relet the leased premises or any portion thereof at any time or then without terminating Tenant’s contractual liability for Landlord’s damages, Landlord may from time to time and relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions and rental as Landlord in its sole discretion may deem properadvisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretion. The rent or other proceeds If Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be appliedapplied in the following order: first, (i) 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; (ii) to the payment of any indebtedness other than Minimum Annual Rental Rent due hereunder from Tenant to Landlord; second, (iii) to the payment of any cost costs of such reletting; third, (iv) to the payment of the cost costs of any alterations and repairs to the leased premisesPremises; fourth, (v) to the payment of Minimum Annual Rental Rent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future amounts Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should the rent for that portion of such reletting, rentals received from such reletting during any month for month, which is applied to the payment of rent is required Rent hereunder, be less than the rent Rent payable during that such month by Tenant hereunderTenant, then Tenant shall pay such deficiency to Landlord immediately upon demand therefore by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting, including the costs of reletting or in making such alterations and repairs to the leased premises, not covered by the rentals received from such reletting. Such payments by Tenant shall be due at the times provided in this Lease, and Landlord need not wait until the termination of this Lease to recover them by legal action or in any other manner. If Landlord relets the leased premises or any portion thereof, such reletting shall not relieve Tenant of any obligation hereunder, except that Landlord shall apply the rent or other proceeds actually collected by it for such reletting against amounts due from Tenant hereunder to the extent such proceeds compensate Landlord for nonperformance of any obligation of Tenant hereunder. Landlord may execute any lease made pursuant hereto in its own name, and the Tenant thereunder shall be under no obligation to see to the application by Landlord of any proceeds to Tenant, nor shall Tenant have any right to collect any such proceeds. Landlord shall not by any re-entry or other act be deemed to have accepted any surrender by Tenant of the leased premises or Tenant's interest therein, or be deemed to have terminated this Lease, or to have relieved Tenant of any obligation hereunder, unless Landlord shall have given Tenant express written notice of Landlord's election to do so as set forth herein. Notwithstanding any reletting by Landlord because of any default by Tenant, without termination of this Lease, Landlord may at any time after such reletting elect to terminate this Lease for any such default.

Reletting. Without terminating or effecting a forfeiture of this the Lease or otherwise relieving Tenant Lessee of any obligation hereunder in the absence of express written notice of Landlord's election to do sohereunder, Landlord Lessor may, but need not, re-enter the leased premises, remove all persons therefrom and relet the leased premises or any portion thereof at any time or from time to time and for such terms and upon such conditions and rental as Landlord Lessor, in its sole discretion discretion, may deem proper. The rent Whether or other proceeds received not the leased premises are relet, Lessee shall pay to Lessor all amounts required by Landlord from such reletting shall be applied: first, Lessee hereunder up to the payment date that Lessor terminates Lessee's right to possession of any indebtedness other than Minimum Annual Rental due hereunder from Tenant to Landlord; second, to the payment of any cost of such reletting; third, to the payment of the cost of any repairs to the leased premises; fourthprovided, however, that following a default, Lessor shall not unreasonably withhold its consent to an assignment of this Lease or a subletting of the payment of Minimum Annual Rental due and unpaid hereunder; and the residue, if any, shall be held leased premises requested by Landlord and applied in payment of future amounts as the same may become due and payable hereunder. Should the rent for such reletting, during any month for which the payment of rent is required hereunder, be less than the rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand therefore by Landlord. Such deficiency shall be calculated and paid monthly. Tenant Lessee unless Lessor shall also pay elect to Landlord, as soon as ascertained, any costs terminate this Lease and expenses incurred by Landlord in such reletting, including the costs Lessee's right to possession of repairs to the leased premises, not covered by the rentals received from such relettingas provided in Paragraph 10(b)(1). Such payments by Tenant Lessee shall be due at the times provided in this Lease, the Lease and Landlord Lessor need not wait until the termination of this the Lease to recover them by legal action or in any other manner. If Landlord Lessor relets the leased premises or any portion thereof, such reletting shall not relieve Tenant Lessee of any obligation hereunder, except that Landlord Lessor shall apply the rent or other proceeds actually collected by it for such reletting against amounts due from Tenant Lessee hereunder to the extent such proceeds compensate Landlord Lessor for nonperformance of any obligation of Tenant Lessee hereunder. Landlord Lessor may execute any lease made pursuant hereto in its own name, name and the Tenant Lessee thereunder shall be under no obligation to see to the application by Landlord Lessor of any proceeds to Tenant, Lessee nor shall Tenant Lessee have any right to collect any such proceeds. Landlord Lessor shall not by any re-entry reentry or other act be deemed to have accepted any surrender by Tenant Lessee of the leased premises or TenantLessee's interest therein, therein or be deemed to have terminated this Lease, Lease or to have relieved Tenant Lessee of any obligation hereunder, hereunder unless Landlord Lessor shall have given Tenant Lessee express written notice of LandlordLessor's election to do so so, as set forth herein. Notwithstanding any reletting by Landlord because In the event Lessor consents to an encumbrance of any default by Tenant, without termination this Lease for security purposes in accordance with Paragraph 8 of this Lease, Landlord may it is understood and agreed that Lessor shall furnish copies of all notices of defaults to the beneficiary or mortgagee under said encumbrance by certified mail (provided Lessee has delivered to Lessor written request therefore, together with the name and address of any such beneficiary or mortgagee) contemporaneously with the furnishing of such notices to Lessee, and in the event Lessee shall fail to cure such default or defaults within the time allowed above, said beneficiary or mortgagee shall be afforded the right to cure such default at any time after within fifteen (15) days following the expiration of the period within which Lessee may cure such reletting elect default, provided, however, Lessor shall not be required to terminate furnish any further notice of default to said beneficiary or mortgagee. In the event of the termination of this Lease pursuant to the provisions of this Paragraph, Lessor shall have any rights to which it would be entitled in the event of the expiration or sooner termination of this Lease under the provisions of Paragraph 6. Notwithstanding the foregoing, should a default not be cured within the grace periods referred to above, said Lease shall nevertheless not be terminated as to said beneficiary or mortgagee unless the Lessor first legally offers in writing to enter into a valid Lease with said offer in writing within (30) days after it is made, and such new Lease is entered into as a condition concurrent to such termination, for any the then balance of the term of this Lease and otherwise with the same terms, conditions and priority as this Lease, provided the mortgagee or beneficiary promptly cures all then existing defaults under this Lease when and to the extent it is able to cure them. Such new Lease may be entered into even though possession of the leased premises has not been surrendered by the defaulting lessee, and, in such defaultevent, the Lessor shall proceed, unless legally restrained, promptly to obtain possession of the leased premises and to deliver possession to said mortgagee or beneficiary as soon as the same is obtained. Should the mortgagee or beneficiary fail to accept said offer in writing within said thirty (30) day period, or having so accepted said offer should it fail promptly to cure all existing defaults under this Lease when and to the extent it is able to cure them, then such termination shall also be effective as to said mortgagee or beneficiary.