Common use of Remedies by Landlord Clause in Contracts

Remedies by Landlord. Upon any event of default of the Tenant, in addition to any remedy which the Landlord may have by this Lease or at law or in equity, the Landlord may, at its option: (a) provide, by notice to the Tenant, that the current month's Rent and Rent for the next ensuing three months shall thereupon become immediately due and payable; and/or (b) terminate this Lease and re-enter and take possession of the Premises; and/or (c) enter the Premises as agent of the Tenant, either by force or otherwise, without being liable for any prosecution therefor, and without being deemed to have terminated this Lease, and relet the Premises or any part thereof as the agent of the Tenant, and receive the rent therefor to be applied on account of the Rent; and/or (d) exercise its right of distress and the Tenant hereby waives any present or future limitation on the Landlord's right of distress; and/or (e) terminate this Lease and re-enter and take possession of the Premises and provide, by notice to the Tenant, for an immediate payment by the Tenant of an amount equal to the Present Value, as of the date of an event of default by the Tenant, of Rent due under this Lease from such date to the last day of the Term of this Lease. If any part of such Rent cannot be absolutely determined as of such date, the Landlord shall estimate same on a reasonable basis. After receipt by the Landlord of such payment and after the Landlord relets the Premises, the Landlord shall remit to the Tenant, as and when rent is received therefor, an amount equal to (i) the lesser of (1) the amount received by the Landlord for any period and (2) the amount that would have been payable by the Tenant under this Lease for the same period, less (ii) 10% of such sum in (i) as an administration fee to the Landlord. Notwithstanding the foregoing, the Basic Rent abatement in Section 18.8 shall apply to reduce Rent owing by the Tenant under this Section 15.2 unless the present value payment has been made by the Landlord pursuant to Section 18.8 and such section has been deleted in accordance with the provisions of Section 18.8.

Remedies by Landlord. Upon any event of default of the Tenant, in addition to any remedy which the Landlord may have by this Lease or at law or in equity, the Landlord may, at its option: (a) provide, in the event of a default described in Section 15.1(d) provide by notice to the Tenant, Tenant that the current month's ’s Rent and Rent for the next ensuing three 3 months shall thereupon become immediately due and payable; and/or (b) terminate this Lease and re-enter and take possession of the PremisesPremises as though the Tenant is overholding after the expiration of the Term and the Term shall be forfeited and void in such event; and/or (c) enter the Premises as agent of the Tenant, either by force or otherwise, without being liable for any prosecution therefor, therefore and without being deemed to have terminated this Lease, Lease and relet the Premises or any part thereof as the agent of the Tenant, Tenant and receive the rent therefor therefore to be applied on account of the Rent; and/or (d) exercise its right of distress and the Tenant hereby waives any present or future limitation on the Landlord's ’s right of distress; and/or (e) terminate this Lease and re-enter and take possession of the Premises in which event the Landlord shall be under an obligation to mitigate its damages and provide, provide by notice to the Tenant, Tenant for an immediate payment by the Tenant of an amount equal to the Present Value, Value as of the date of an event such termination of default by the Tenantexcess, if any, of Rent due under this Lease from such date to the last day of the Term of this Lease. If any part of such Rent cannot be absolutely determined as of such date, the Landlord shall estimate same on a reasonable basis. After receipt by the Landlord of such payment and after the Landlord relets the Premises, the Landlord shall remit to the Tenant, as and when rent is received therefor, an amount equal to (i) the lesser of (1) the amount received by the Landlord for any period and (2) the amount that would have been payable by the Tenant of Rent required to be paid under this Lease for the same period, less (ii) 10% remainder of such sum in (i) as an administration fee to the Landlord. Notwithstanding then current Term over the foregoing, then reasonable rental value of the Basic Rent abatement in Section 18.8 shall apply to reduce Rent owing by Premises for the Tenant under this Section 15.2 unless remainder of the present value payment has been made by the Landlord pursuant to Section 18.8 and such section has been deleted in accordance with the provisions of Section 18.8then current Term.

Remedies by Landlord. Upon any the occurrence of an event of default under the Lease by Xxxxxx, Landlord, in its sole discretion, may exercise any rights or remedies provided by law or equity. Without limiting the generality of the foregoing, upon the occurrence of an event of default under the Lease by Tenant Landlord shall have the right to declare this Lease immediately terminated; and Landlord shall have the immediate right of re-entry and may remove all persons and property from the Premises, and may cause any property so removed to be stored in a public warehouse or elsewhere at the cost and risk of, and for the account of Tenant, in addition all without service of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any remedy loss or damage which may be occasioned thereby. Further, Landlord shall have a lien against Xxxxxx’s property remaining at the Premises or otherwise removed by Landlord to a public warehouse or elsewhere to the extent of any unpaid rent, and reasonable attorney fees and costs incurred by Landlord, as the prevailing party, due to Tenant’s default and Landlord’s repossession of the Premises. Landlord may have by this Lease or at law or in equity, the Landlord mayalso, at its option, re-let the Leased Premises for the account of Tenant, and any deficiency in rent, storage costs, and cost of re-leasing the Premises shall be the liability of Tenant. In the event Landlord shall elect to terminate this Lease pursuant to this Section, said election by Landlord shall be, without being so expressly stated, deemed an election by Landlord to accelerate all future rents payable under this Lease to be immediately due and payable, if such acceleration shall be required to permit Landlord to enforce any of the rights and remedies herein provided to Landlord. In the event of such termination and acceleration, Xxxxxx agrees to pay to Landlord and Landlord shall have the right to recover from Tenant the following: (a) provide, by notice to The worth at the Tenant, time of award of any unpaid rent that has been earned at the current month's Rent and Rent for the next ensuing three months shall thereupon become immediately due and payabletime of such termination; and/orplus (b) terminate this Lease and re-enter and take possession The worth at the time of award of the Premisesamount by which the unpaid DocuSign Envelope ID: 3A472526-95BF-43A4-81B rent that would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; and/orplus (c) enter The worth at the Premises as agent time of award of the Tenant, either amount by force or otherwise, without being liable which the unpaid rent for any prosecution therefor, and without being deemed to have terminated this Lease, and relet the Premises or any part thereof as the agent balance of the Tenant, and receive term after the rent therefor to time of award exceeds the amount of such rental loss that Tenant proves could be applied on account of the Rentreasonably avoided; and/orplus (d) exercise its right Any other amount necessary to compensate Landlord for all reasonable detriment, expense, loss or damage, including, but not limited to, all reasonable costs and expenses to release or sublet the Leased Premises, including the cost of distress alterations and remodeling required by a new tenant, attorney fees, and real estate commissions paid or payable for this Lease or to relet or sublet the Tenant hereby waives any present or future limitation on the Landlord's right of distressobligations under this Lease; and/orplus (e) terminate this Lease and re-enter and take possession At Landlord’s election, such other amounts in addition to or in lieu of the Premises and provideforegoing as may be permitted from time to time by applicable law. As used in this Section, the “worth at the time of award” is computed by notice to allowing interest or discounting, as the Tenantcase may be, for an immediate payment by at the Tenant of an amount rate equal to the Present Value, as discount rate of the date prime rate of an event of default by interest plus three percent (3%) at the Tenant, of Rent due under this Lease from such date to the last day time of the Term of this Lease. If any part of such Rent cannot be absolutely determined as of such date, the Landlord shall estimate same on a reasonable basis. After receipt by the Landlord of such payment and after the Landlord relets the Premises, the Landlord shall remit to the Tenant, as and when rent is received therefor, an amount equal to (i) the lesser of (1) the amount received by the Landlord for any period and (2) the amount that would have been payable by the Tenant under this Lease for the same period, less (ii) 10% of such sum in (i) as an administration fee to the Landlord. Notwithstanding the foregoing, the Basic Rent abatement in Section 18.8 shall apply to reduce Rent owing by the Tenant under this Section 15.2 unless the present value payment has been made by the Landlord pursuant to Section 18.8 and such section has been deleted in accordance with the provisions of Section 18.8award.

Remedies by Landlord. Upon any event of default of the Tenant, then the current month's Rent and Rent for the next ensuing 3 months shall thereupon become immediately due and payable and, in addition, all cash allowances, tenant inducement payments and the value of any other benefit paid to or conferred on the Tenant by or on behalf of the Landlord in connection with this Lease shall thereupon become immediately due and repayable to the Landlord on demand and, in addition to any remedy which the Landlord may have by this Lease or at law or in equity, the Landlord may, at its option: (a) provide, by notice to the Tenant, that the current month's Rent and Rent for the next ensuing three months shall thereupon become immediately due and payable; and/or (b) terminate this Lease and re-enter and take possession of the Premises; and/or (cb) enter the Premises as agent of the Tenant, either by force or otherwise, without being liable for any prosecution therefor, and without being deemed to have terminated this Lease, and relet the Premises or any part thereof as the agent of the Tenant, and receive the rent therefor to be applied on account of the Rent; and/or (dc) exercise its right of distress and the Tenant hereby waives any present or future limitation on the Landlord's right of distress; and/or (ed) terminate this Lease and re-enter and take possession of the Premises and provide, by notice to the Tenant, for an immediate payment by the Tenant of an amount equal to the Present Value, as of the date of an event of default by the Tenant, of Rent due under this Lease from such date to the last day of the Term of this Lease. If any part of such Rent cannot be absolutely determined as of such date, the Landlord shall estimate same on a reasonable basis. After receipt by the Landlord of such payment and after the Landlord relets the Premises, the Landlord shall remit to the Tenant, as and when rent is received therefor, an amount equal to (i) the lesser of (1) the amount received by the Landlord for any period and (2) the amount that would have been payable by the Tenant under this Lease for the same period, less (ii) 10% of such sum in (i) as an administration fee to the Landlord; and/or (e) without terminating this Lease, demand immediate payment from the Tenant of an amount equal to the Present Value, as of the date of an event of default by the Tenant, of Rent due under this Lease from such date to the last day of the Term of the Lease. Notwithstanding the foregoingIf any part of such Rent cannot be absolutely determined, as of such date, the Basic Rent abatement in Section 18.8 Landlord shall apply to reduce Rent owing estimate same on a reasonable basis. Upon payment of such amount by the Tenant to the Landlord, the Tenant shall be entitled to occupancy of the Premises for the remainder of the Term in accordance with this Lease; and/or (f) apply to the courts for an order of specific performance or mandamus or an injunction compelling the Tenant to perform its obligations under this Section 15.2 unless Lease, the present value payment has been made Tenant acknowledging that damages are not a sufficient remedy; and/or (g) suspend the supply to the Premises of any benefit, service, utility or Additional Service furnished by the Landlord pursuant to Section 18.8 and such section has been deleted in accordance with until the provisions of Section 18.8default is cured.

Remedies by Landlord. Upon a. If a Tenant shall at any event time be in default beyond any applicable grace period as specified in Paragraph 16 hereof, Landlord may: (i) At its option, without terminating this Lease, change the locks on the doors to said Premises and exclude the Tenant therefrom until all of default such defaults shall have been completely cured; (ii) enter into the Premises, remove Tenant's property and effects as elsewhere in the Lease provided, take and hold possession thereof, without such entry and possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligations to pay Base Rent and Additional Rent and all its other obligations hereunder for the full term, relet the Premises or any part or parts thereof, either in the name of or for the account of Landlord or Tenant, for such rent and for such term and terms as Landlord may see fit, which term may, at Landlord's option, extend beyond the balance of the term of this Lease. Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant about such reletting. In any such case Landlord may make such repairs, alterations and additions in or to the Premises and redecorate the same as it reasonably sees fit. Tenant shall pay Landlord any deficiency between the Base Rent and Additional Rent hereby reserved and covenanted to be paid and the net amount of the rents collected on such reletting, for the balance of the term of this Lease, as well as any expenses incurred by Landlord in such reletting, including, but not limited to attorneys' fees, brokers' fees, the expense of repairing, altering and adding to and redecorating the Premises, and otherwise preparing the same for re-rental. All such costs, other than the rental, shall be paid by Tenant upon demand by Landlord. Any deficiency in rental shall be paid in monthly installments, upon statements rendered by Landlord to Tenant, unless Landlord has declared the entire rental for the balance of the term due, as elsewhere in addition this Lease provided. Any suit brought to collect the amount of the deficiency for any remedy which one or more months shall not preclude any subsequent suit or suits to collect the deficiency for any subsequent months; (iii) require that upon any termination of this Lease, whether by lapse of time, the exercise of any option by Landlord to terminate the same, or in any other manner whatsoever, or upon any termination of this Lease, the Tenant shall at once surrender possession of said Premises to the Landlord and immediately vacate the same, and remove all effects therefrom, except such as may have by not be removed under other provisions of this Lease. If Tenant fails to do so Landlord may forthwith re-enter said Premises, with or without process of law, and repossess itself thereof as in its former estate and expel and remove Tenant and any other persons and property therefrom, without being deemed guilty of trespass or eviction, without thereby waiving Landlord's rights to rent or any other rights given Landlord under this Lease or at law or in equity; (iv) if the Tenant shall not remove all effects from said Premises as in this Lease provided, at Landlord's option, Landlord may remove any or all of said effects in any manner that Landlord shall choose and store the same without liability for loss thereof and Tenant will pay the Landlord, on demand, any and all expenses incurred in such removal and also storage on said effects for any length of time during which the same shall be in Landlord's possession or in storage; or Landlord may, at its option: (a) provide, by notice to the Tenant, that the current month's Rent and Rent for the next ensuing three months shall thereupon become immediately due and payable; and/or (b) terminate this Lease and re-enter and take possession of the Premises; and/or (c) enter the Premises as agent of the Tenant, either by force or otherwise, without being liable notice, sell any or all of said effects in such manner and for any prosecution therefor, and without being deemed to have terminated this Lease, and relet the Premises or any part thereof such price as the agent Landlord may deem best and apply the proceeds of the Tenant, and receive the rent therefor to be applied on account of the Rent; and/or (d) exercise its right of distress and the Tenant hereby waives such sale upon any present or future limitation on the Landlord's right of distress; and/or (e) terminate this Lease and re-enter and take possession of the Premises and provide, by notice to the Tenant, for an immediate payment by the Tenant of an amount equal to the Present Value, as of the date of an event of default by the Tenant, of Rent amounts due under this Lease from such date the Tenant to the last day Landlord, including the expenses of removal and sale; (v) collect from Tenant any other loss or damage Landlord may sustain by reason of any default and any diminished value of said premises resulting from said breach; and (vi) in the event of a default or threatened default by Tenant of any of the Term covenants or provisions of this Lease, have the right to enjoin in any such breach or threatened breach; and (vii) declare the entire rental for the balance of the term or the entire term immediately due and payable at once. b. Except for the nonpayment of Base Rent, Additional Rent or other charges or payment the responsibility of Tenant to make hereunder, Tenant shall not be in default upon the occurrence of any of the events referred to in Paragraph 16c above (except for nonpayment of Base Rent, Additional Rent or any other charge or payment the responsibility of Tenant to make hereunder) if, during the said Thirty (30) day notice period, Tenant cures said default. If, however, the said default shall be of such a nature that the same cannot be completely cured or remedied within said Thirty (30) day period, then Tenant shall not be in default if, during the said Thirty (30) day period Tenant shall have commenced to cure said default and thereafter continuously and diligently take such action and actions as are necessary to cure said default at the earliest possible time. c. Except for the Thirty (30) working days notice referred to in Paragraph 16b above, Tenant expressly waives the service of any demand for payment of rent. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws, in the event of eviction or dispossession of Tenant by Landlord under any provisions of this Lease. If any part No receipt of such Rent cannot be absolutely determined as of such date, the Landlord shall estimate same on a reasonable basis. After receipt monies by the Landlord from or for the account of Tenant or from anyone in possession or occupancy of the Premises after the termination in any way of this Lease or after the giving of any notice, shall reinstate, continue or extend the term of this Lease or affect any notice given to the Tenant prior to the receipt of such payment and money, it being agree that after the Landlord relets the final judgment for possession of said Premises, the Landlord may receive and collect any rent or other amounts due Landlord and such payment shall remit to not waive or affect said notice, said suit or said judgment. d. Landlord shall have the first lien on Tenant, as and when rent is received therefor, an amount equal to (i) the lesser of (1) the amount received by the Landlord for any period and (2) the amount that would have been payable by the Tenant under 's interest in this Lease for to secure the same periodpayment and performance of Tenant's obligations hereunder, less (ii) 10% prior and preferable to all other liens, and, in case of such sum default, upon all fixtures and chattels of Tenant at any time in (i) as an administration fee to the Landlord. Notwithstanding the foregoing, the Basic Rent abatement in Section 18.8 shall apply to reduce Rent owing by the Tenant under this Section 15.2 unless the present value payment has been made by the Landlord pursuant to Section 18.8 and such section has been deleted in accordance with the provisions of Section 18.8demises Premises.

Remedies by Landlord. Upon a. If a Tenant shall at any event time be in default beyond any applicable grace period as specified in Paragraph 16 hereof, Landlord may: (i) At its option, without terminating this Lease, change the locks on the doors to said Premises and exclude the Tenant therefrom until all of default such defaults shall have been completely cured; (ii) enter into the Premises, remove Tenant's property and effects as elsewhere in the Lease provided, take and hold possession thereof, without such entry and possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligations to pay Base Rent and Additional Rent and all its other obligations hereunder for the full term, relet the Premises or any part or parts thereof, either In the name of or for the account of Landlord or Tenant, for such rent and for such term and terms as Landlord may see fit, which term may at Landlord's option, extend beyond the balance of the term of this Lease. Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant about such reletting. In any such case Landlord may make such repairs, alterations and additions in or to the Premises and redecorate the same as it sees fit. Tenant shall pay Landlord any deficiency between the Base Rent and Additional Rent hereby reserved and covenanted to be paid and the net amount of the rents collected on such reletting, for the balance of the term of this Lease, as well as any expenses incurred by Landlord in such reletting, including, but not limited to attorneys' fees, brokers' fees, the expense of repairing, altering and adding to and redecorating the Premises, and otherwise preparing the same for re-rental. All such costs, other than the rental, shall be paid by Tenant upon demand by Landlord. Any deficiency in rental shall be paid in monthly installments, upon statements rendered by Landlord to Tenant, unless Landlord has declared the entire rental for the balance of the term due, as elsewhere in addition this Lease provided. Any suit brought to collect the amount of the deficiency for any remedy which one or more months shall not preclude any subsequent suit or suits to collect the deficiency for any subsequent months; (iii) require that upon any termination of this Lease, whether by lapse of time, the exercise of any option by Landlord to terminate the same, or in any other manner whatsoever, or upon any termination of this Lease, the Tenant shall at once surrender possession of said Premises to the Landlord and immediately vacate the same, and remove all effects therefrom, except such as may have by not be removed under other provisions of this Lease. If Tenant fails to do so Landlord may forthwith re-enter said Premises, with or without process of law, and repossess itself thereof as in its former estate and expel and remove Tenant and any other persons and property therefrom, using such force as may be necessary, without being deemed guilty of trespass, eviction or forcible entry, without thereby waiving Landlord's rights to rent or any other rights given Landlord under this Lease or at law or in equity; (iv) if the Tenant shall not remove all effects from said Premises as in this Lease provided, at Landlord's option, Landlord may remove any or all of said effects in any manner that Landlord shall choose and store the same without liability for loss thereof and Tenant will pay the Landlord, on demand, any and all expenses incurred in such removal and also storage on said effects for any length of time during which the same shall be in Landlord's possession or in storage; or Landlord may, at its option: (a) provide, by notice to the Tenant, that the current month's Rent and Rent for the next ensuing three months shall thereupon become immediately due and payable; and/or (b) terminate this Lease and re-enter and take possession of the Premises; and/or (c) enter the Premises as agent of the Tenant, either by force or otherwise, without being liable notice, sell any or all of said effects in such manner and for any prosecution therefor, and without being deemed to have terminated this Lease, and relet the Premises or any part thereof such price as the agent Landlord may deem best and apply the proceeds of the Tenant, and receive the rent therefor to be applied on account of the Rent; and/or (d) exercise its right of distress and the Tenant hereby waives such sale upon any present or future limitation on the Landlord's right of distress; and/or (e) terminate this Lease and re-enter and take possession of the Premises and provide, by notice to the Tenant, for an immediate payment by the Tenant of an amount equal to the Present Value, as of the date of an event of default by the Tenant, of Rent amounts due under this Lease from such date the Tenant to the last day Landlord, including the expenses of removal and sale; (v) collect from Tenant any other loss or damage Landlord may sustain by reason of an breach and any diminished value of said premises resulting from said breach; and (vi) in the event of a breach or threatened breach by Tenant of any of the Term covenants or provisions of this Lease, have the right to enjoin in any such breach or threatened breach; and (vii) declare the entire rental for the balance of the term or the entire term immediately due and payable at once. b. Except for the nonpayment of Base Rent, Additional Rent or other charges or payment the responsibility of Tenant to make hereunder, Tenant shall not be in default upon the occurrence of any of the events referred to in Paragraph 16c above (except for nonpayment of Base Rent, Additional Rent or any other charge or payment the responsibility of Tenant to make hereunder) if, during the said ten (10) day notice period, Tenant cures said default. If, however, the said default shall be of such a nature that the same cannot be completely cured or remedied within said ten (10) day period, then Tenant shall not be in default if, during the said ten (10) day period Tenant shall have commenced to cure said default and thereafter continuously and diligently take such action and actions as are necessary to cure said default at the earliest possible time but in no event, however, shall the time within which Tenant shall have to cure said default be extended beyond sixty (60) days from the given of said ten (10) days notice. c. Except for the ten (10) working days notice referred to in Paragraph 16b above, Tenant expressly waives the service of any demand for payment of rent. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws, in the event of eviction or dispossession of Tenant by Landlord under any provisions of this Lease. If any part No receipt of such Rent cannot be absolutely determined as of such date, the Landlord shall estimate same on a reasonable basis. After receipt monies by the Landlord from or for the account of Tenant or from anyone in possession or occupancy of the Premises after the termination in any way of this Lease or after the giving of any notice, shall reinstate, continue or extend the term of this Lease or affect any notice given to the Tenant prior to the receipt of such payment and money, it being agreed that after the Landlord relets the final judgment for possession of said Premises, the Landlord may receive and collect any rent or other amounts due Landlord and such payment shall remit to not waive or affect said notice, said suit or said judgment. d. Landlord shall have the first lien on Tenant, as and when rent is received therefor, an amount equal to (i) the lesser of (1) the amount received by the Landlord for any period and (2) the amount that would have been payable by the Tenant under 's interest in this Lease for to secure the same periodpayment and performance of Tenant's obligations hereunder, less (ii) 10% prior and preferable to all other liens, and, in case of such sum default, upon all fixtures and chattels of Tenant at any time in (i) as an administration fee to the Landlord. Notwithstanding the foregoing, the Basic Rent abatement in Section 18.8 shall apply to reduce Rent owing by the Tenant under this Section 15.2 unless the present value payment has been made by the Landlord pursuant to Section 18.8 and such section has been deleted in accordance with the provisions of Section 18.8.demises Premises

Remedies by Landlord. Upon If any event one or more events of default set forth in Article 25.1 occurs, then Landlord may at any time thereafter, with or without notice and demand and without limiting Landlord in the exercise of the Tenant, any right or remedy at law or in addition to any remedy equity which the Landlord may have by reason of such default or breach: a. Landlord has the remedy described in California Civil Code Section 1951.4 (Landlord may continue this Lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if the Tenant has right to sublet or at law or assign, subject only to reasonable limitations). b. Terminate Tenant's right to possession by any lawful means, in equity, the Landlord may, at its option: (a) provide, by notice to the Tenant, that the current month's Rent and Rent for the next ensuing three months shall thereupon become immediately due and payable; and/or (b) terminate which case this Lease shall terminate and re-enter and take possession of the Premises; and/or (c) enter the Premises as agent of the Tenant, either by force or otherwise, without being liable for any prosecution therefor, and without being deemed to have terminated this Lease, and relet the Premises or any part thereof as the agent of the Tenant, and receive the rent therefor to be applied on account of the Rent; and/or (d) exercise its right of distress and the Tenant hereby waives any present or future limitation on the Landlord's right of distress; and/or (e) terminate this Lease and re-enter and take shall immediately surrender possession of the Premises and provideto Landlord. In such event, by notice to the Tenant, for an immediate payment by the Tenant of an amount equal to the Present Value, as of the date of an event of default by the Tenant, of Rent due under this Lease from such date to the last day of the Term of this Lease. If any part of such Rent cannot be absolutely determined as of such date, the Landlord shall estimate same on a reasonable basis. After receipt be entitled to recover from Tenant all damages incurred by the Landlord by reason of such payment and after the Landlord relets the PremisesTenant's default including, the Landlord shall remit to the Tenant, as and when rent is received therefor, an amount equal but not limited to (i) the lesser worth at the time of award of any unpaid Rent which had been earned at the time of termination, plus, (1ii) the worth at the time of award of the amount received by which the unpaid Rent which exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided, plus, (iii) the worth at the time of award of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided, plus, (iv) any other amount necessary to compensate Landlord for any period and (2) all the amount that would have been payable detriment proximately caused by the Tenant Tenant's failure to perform its obligations under this Lease for or which in the same periodordinary course of things would be likely to result therefrom, less including if applicable the costs of repairs, alterations, redecorating, lease commissions, and Landlord's other expenses incurred in reletting the Premises to a new tenant, plus, (iiv) 10% at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. On any such sum reentry, Landlord has the right to make any reasonable repairs, alterations, or modifications to the Premises which Landlord in its sole discretion deems reasonable and necessary. As used in subparagraphs (i) and (ii), the "worth at the time of award" is computed by allowing interest at the rate specified in the fourth sentence of Section 27.21 from the date of default. As used in subparagraph (iii), the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of New York, New York at the time of the award plus one percent (1%). The term "rent," as an administration fee used in this article means all rent to be paid pursuant to this Lease and all other monetary sums required to be paid by Tenant pursuant to the Landlord. Notwithstanding the foregoing, the Basic Rent abatement in Section 18.8 shall apply to reduce Rent owing by the Tenant under terms of this Section 15.2 unless the present value payment has been made by the Landlord pursuant to Section 18.8 and such section has been deleted in accordance with the provisions of Section 18.8Lease.

Remedies by Landlord. Upon any event of default of the Tenant, in addition to any remedy which the Landlord may have by this Lease or at law or in equity, the Landlord may, at its option: (a) provide, by notice to the Tenant, that the current month's =s Rent and Rent for the next ensuing three months shall thereupon become immediately due and payable; and/or (b) terminate this Lease and re-enter and take possession of the Premises; and/or (c) enter the Premises as agent of the Tenant, either by force or otherwise, without being liable for any prosecution therefor, and without being deemed to have terminated this Lease, and relet the Premises or any part thereof as the agent of the Tenant, and receive the rent therefor to be applied on account of the Rent; and/or (d) exercise its right of distress and the Tenant hereby waives any present or future limitation on the Landlord's right of distress; and/or (e) terminate this Lease and re-enter and take possession of the Premises and provide, by notice to the Tenant, for an immediate payment by the Tenant of an amount equal to the Present Value, as of the date of an event of default by the Tenant, of Rent due under this Lease from such date to the last day of the Term of this Lease. If any part of such Rent cannot be absolutely determined as of such date, the Landlord shall estimate same on a reasonable basis. After receipt by the Landlord of such payment and after the Landlord relets the Premises, the Landlord shall remit to the Tenant, as and when rent is received therefor, an amount equal to (i) the lesser of (1) the amount received by the Landlord for any period and (2) the amount that would have been payable by the Tenant under this Lease for the same period, less (ii) 10% of such sum in (i) as an administration fee to the Landlord; and/or (f) without terminating this Lease, demand immediate payment from the Tenant of an amount equal to the Present Value, as of the date of an event of default by the Tenant, of Rent due under this Lease from such date to the last day of the Term of the Lease. Notwithstanding the foregoingIf any part of such Rent cannot be absolutely determined, as of such date, the Basic Rent abatement in Section 18.8 Landlord shall apply to reduce Rent owing estimate same on a reasonable basis. Upon payment of such amount by the Tenant under to the Landlord, the Tenant shall be entitled to occupancy of the Premises for the remainder of the Term in accordance with this Section 15.2 unless Lease; and/or (g) suspend the present value payment has been made supply to the Premises of any benefit, service, utility or Additional Service furnished by the Landlord pursuant to Section 18.8 and such section has been deleted in accordance with until the provisions of Section 18.8default is cured.