Common use of REMEDIES FOR TENANT'S DEFAULT Clause in Contracts

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling and terminating Tenant's continued liability under this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord may, at Landlord's option, enter the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premises. Upon such reentry, Tenant shall be liable to Landlord as follows:

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling cancelling and terminating Tenant's continued liability under this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord may, at Landlord's option, enter the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premises. Upon such reentry, Tenant shall be liable to Landlord as follows:

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset any event of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling and terminating Tenant's continued liability under default set forth in this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' written notice to Tenant of such further election, and shall have the right option to pursue any remedy at law one or in equity more of the remedies set forth herein without any notice or demand, (a) Landlord may enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages, and relet the Leased Premises on behalf of Tenant and receive the Rent directly by reason of the reletting. Tenant agrees to pay Landlord on demand any deficiency that may arise by reason of reletting of the Leased Premises; further, Tenant agrees to reimburse Landlord for any expenditures made by it in order to relet the Leased Premises, including, but not limited to, remodeling and repair costs, (b) Landlord may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, and do whatever Tenant is obligated to do under this Lease. Tenant agrees to reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant’s obligations under this Lease; further, Tenant agrees that Landlord shall not be available liable for any damages resulting to Tenant from effecting compliance with Tenant’s obligations under this Lease caused by the negligence of Landlord or otherwise, (c) Landlord may terminate this Lease, in which event Tenant immediately surrender the Leased Premises to Landlord. In , and if Tenant fails to surrender the event of election under (ii) to terminate Tenant's right to possession onlyLeased Premises, Landlord may, at Landlord's optionwithout prejudice to any other remedy which it may have for possession or arrearage in Rent, enter the Premises upon and take possession of the Leased Premises, by picking or changing locks if necessary, and hold possession thereoflock out, expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises without such entry into possession terminating being liable for any claim for damages. Tenant agrees to pay on demand the amount of all loss and damage which Landlord may suffer by reason of the termination of this Lease under this section, whether through inability to relet the Leased Premises on satisfactory terms or releasing otherwise. Notwithstanding any other remedy set forth in this Lease, in the event Landlord has made rent concessions of any type or character, or waived any Base Rent, and Tenant in whole fails to take possession of the Leased Premises on the commencement or in part from Tenant's Completion Date or otherwise defaults at any time during the Term, the rent concessions, including any waived Base Rent, shall be canceled and the amount of the Base Rent or other rent concessions shall be due and payable immediately as if no rent concessions or waiver of any Base Rent had ever been granted. A rent concession or waiver of the Base Rent shall not relieve Tenant of any obligation to pay all amounts hereunder for any other charge due and payable under this Lease including without limitation any sum due under Section 2.03. Notwithstanding anything contained in this Lease to the full stated term. Upon such reentrycontrary, Landlord may remove all persons and property from the Premises and such property this Lease may be removed and stored in a public warehouse terminated by Landlord only by mailing or elsewhere at the cost and for the account delivering written notice of such termination to Tenant, without becoming liable for any loss and no other act or damage which may be occasioned thereby. Such reentry omission of Landlord shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without construed as a termination of the this Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premises. Upon such reentry, Tenant shall be liable to Landlord as follows:Article 12.00 RELOCATION-Intentionally deleted

REMEDIES FOR TENANT'S DEFAULT. Upon In the occurrence event of a Default as defined aboveTenant's default or breach of the Lease, Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling of the Premises by any lawful means in which case this Lease shall terminate and terminating Tenant's continued Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entry following abandonment of the Premises by Tenant and Landlord may consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord shall deem property and is hereby relieved of all liability under for doing so. If Tenant breaches this Lease. Notwithstanding Lease and abandons the fact that initially Landlord elects under (ii) to terminate Premises before the end of the term, or if Tenant's right to possession onlyis terminated by Landlord because of a breach of the Lease, then in either such case, Landlord shall have may recover from Tenant all damages suffered by Landlord as a result of Tenant's failure to perform its obligations hereunder, including, but not restricted to, the continuing right to cancel worth at the time of the award of the amount by which the Rent then unpaid hereunder for the balance of the Lease term after the time of award exceeds the amount of such loss of Rent for the same period which the Tenant proves could be reasonably avoided by Landlord and terminate in such case, Landlord prior tot eh award, may relet the Premises for the purpose of mitigating damages suffered by Landlord because of Tenant's failure perform his obligations hereunder; provided, however, that even though Tenant has abandoned the Premises following such breach, this Lease by giving three (3) days' written notice to Tenant of such further election, shall nevertheless continue in full force and shall have effect for as long as the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to Landlord does not terminate Tenant's right to possession onlyof possession, Landlord may, at Landlord's option, enter the Premises and take and hold possession thereof, without until such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for the full stated term. Upon such reentrytermination, Landlord may remove enforce all persons his rights and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the remedies under this Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations declare all of the installments of rent for the whole term of this Lease to be immediately due and repairs payable at once without further demand, in which event all sums payable to the Premises Landlord shall bear interest from the date of default at the highest rate permitted by law. The foregoing remedies are not exclusive; they are cumulative in addition to the extent any remedies now or later allowed by law or equity, and to any remedies Landlord may have under bankruptcy laws or laws affecting creditor's rights generally. The waiver of Landlord of any breach of any term of this Lease shall not be deemed by Landlord necessary a waiver of such term or desirable to relet the Premises. Upon such reentry, Tenant shall be liable to Landlord as follows:of any subsequent breach thereof.

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling cancelling and terminating Tenant's continued liability under this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three ten (310) days' written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord may, at Landlord's option, enter the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet the Premises, or any an part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premises. Upon such reentry, Tenant shall be liable to Landlord as follows:

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset any event of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling and terminating Tenant's continued liability under default set forth in this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right option to cancel pursue any one or more of the remedies set forth herein without any notice or demand. (1) Landlord may enter upon and terminate take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel and remove Tenant and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages and without relieving Tenant from the obligation to pay rent and other charges due under this Lease, except to the extent of rent received from reletting the Leased Premises. To relet the Leased Premises on behalf of Tenant and receive the rent directly by reason of the reletting. Tenant agrees to pay Landlord on demand any deficiency that may arise by reason of any reletting of or failure to relet the Leased Premises: further, Tenant agrees to reimburse Landlord for any expenditures made by Landlord in order to relet the Leased Premises, including, but not limited to, remodeling and repair costs. (2) Landlord may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease; further, Tenant agrees that Landlord shall not be liable for any damages resulting to Tenant from affecting compliance with Tenant's obligations under this Lease caused by giving three the negligence of Landlord or otherwise. (3) days' written notice Landlord may terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Tenant of such further electionLandlord, and shall have if Tenant fails to surrender the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession onlyLeased Premises, Landlord may, at Landlord's optionwithout prejudice to any other remedy which it may have for possession or arrearages in rent, enter the Premises upon and take possession of the Leased Premises, by picking or changing locks if necessary, and hold possession thereoflock out, expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises without such entry into possession terminating being liable for any claim for damages. Tenant agrees to pay on demand the amount of all loss and damage which Landlord may suffer by reason of the termination of this Lease under this section, whether through inability to relet the Leased Premises on satisfactory terms or releasing otherwise. Notwithstanding any other remedy set forth in this Lease, in the event Landlord has made rent concessions of any type or character, or waived any Base Rent, and Tenant in whole fails to take possession of the Leased Premises on the Commencement or in part from Tenant's Completion Date or otherwise defaults at any time during the terms of this Lease, the rent concessions, including any waived Base Rent, shall be cancelled and the amount of the Base Rent or other rent concessions shall be due and payable immediately as if no rent concessions or waiver of any Base Rent had ever been granted. A rent concession or waiver of the Base Rent shall not relieve Tenant of any obligation to pay all amounts hereunder for any other charge due and payable under this Lease including without limitation any sum due under Section 2.02. Notwithstanding anything contained in this Lease to the full stated term. Upon such reentrycontrary, Landlord may remove all persons and property from the Premises and such property this Lease may be removed and stored in a public warehouse terminated by Landlord only by mailing or elsewhere at the cost and for the account delivering written notice of such termination to Tenant, without becoming liable for any loss and no other act or damage which may be occasioned thereby. Such reentry omission of Landlord shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without construed as a termination of the this Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premises. Upon such reentry, Tenant shall be liable to Landlord as follows:.

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's bankruptcy estate, ; or (ii) to terminate Tenant's right to possession only without canceling and terminating Tenant's continued liability under this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' days written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord may, may at Landlord's option, enter into the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premisesdesirable. Upon such reentry, Tenant shall be liable to Landlord as follows:

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined aboveany Event of Default, Landlord may elect either at its option pursue any one or more of the following remedies, and any and all other rights or remedies accruing to Landlord by law or otherwise, without any notice or demand: (ia) commence dispossessory proceedings with or without the termination of this Lease; (b) declare the entire amount of Rent calculated on the current rate being paid by Tenant, and other sums which in Landlord's reasonable determination would become due and payable during the remainder of the Term (including, but not limited to, increases in Rent pursuant to cancel the terms hereof), discounted to present value by using a reasonable discount rate selected by Landlord, and terminate this Lease and this Lease shall not be treated as an asset reduced by the reasonable rental value of Tenant's bankruptcy estatethe Premises for the remainder of the Term thereof (taking into account in such calculation the reasonable costs of obtaining substitute tenants (including, without limitation, any reasonably anticipated tenant improvement allowance, or (iiany reasonably anticipated tenant build-out expense, and any brokerage commissions reasonably anticipated to be incurred in connection with same) and the reasonable time period under the circumstances of anticipated vacancy prior to terminate Tenant's right reletting), to possession only without canceling be due and terminating Tenant's continued liability under this Leasepayable immediately. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' written notice to Tenant Upon such acceleration of such further electionamounts, Tenant agrees to pay the same at once, together with all Rent and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord mayother amounts theretofore due, at Landlord's optionaddress as provided herein; provided however, enter that such payment shall not constitute a penalty or forfeiture but shall constitute liquidated damages for Tenant's failure to comply with the terms and provisions of this Lease (Landlord and Tenant agreeing that Landlord's actual damages in such an event are impossible to ascertain and that the amount set forth above is a reasonable estimate thereof). The acceptance of such payment by Landlord shall not constitute a waiver of rights or remedies to Landlord for any failure of Tenant thereafter occurring to comply with any term, provision, condition or covenant of this Lease; (c) commence proceedings against Tenant for all amounts owed by Tenant to Landlord, whether as Base Rent, Additional Rent, damages or otherwise; (d) terminate the Term, in which event Tenant shall immediately surrender the Premises to Landlord and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation agrees to pay on demand the amount of all amounts hereunder for the full stated term. Upon such reentry, loss and damage which Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession suffer by reason of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but Term under this subsection or otherwise (the remedy set forth in this clause (d) is not obligated to, relet the Premises, or any part thereof, an alternative remedy to any one other than the Tenant, for such time and upon such terms as Landlord, that set forth in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premises. Upon such reentry, Tenant shall be liable to Landlord as follows:clause

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, above Landlord may elect either (i) to i)to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling and terminating Tenant's continued liability under this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord may, at Landlord's option, enter into the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premisesdesirable. Upon such reentry, Tenant shall be liable to Landlord as follows:: A For all attorneys' fees incurred by Landlord in connection with exercising any remedy hereunder;

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, Landlord may elect either (iI) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling cancelling and terminating Tenant's continued liability under this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three ten (310) days' written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord may, at Landlord's option, enter the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole In tote or in part from Tenant's obligation to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premises. Upon such reentry, Tenant shall be liable to Landlord as follows:

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, above Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling and terminating Tenant's continued liability under this Lease. Notwithstanding the fact that initially Landlord landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' days written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord may, at Landlord's option, enter into the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation obligations to pay all amounts hereunder for the full stated and exercised term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: ; without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet shall use commercially reasonable efforts to release the Premises, or any part thereof, to any one other than shall the Tenant, Tenant for such time and upon such terms as Landlord, in Landlord's sole commercially reasonable discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premisesdesirable. Upon such reentry, Tenant shall be liable to Landlord as follows:

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling cancelling and terminating Tenant's continued liability under this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three ten (310) days' written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord may, at Landlord's option, enter the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premises. Upon such reentry, Tenant shall be liable to Landlord as follows:

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset any event of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling and terminating Tenant's continued liability under default set forth in this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right option to cancel pursue any one or more of the remedies set forth herein without any notice or demand. (1) Landlord may enter upon and terminate take possession of the leased premises, by picking or changing locks if necessary, and lock out, expel or remove Tenant and any other person who may be occupying all or any part of the leased premises without being liable for any claim for damages, and relet the leased premises on behalf of Tenant and receive the rent directly by reason of the reletting. Tenant agrees to pay Landlord on demand any deficiency that may arise by reason of any reletting of the leased premises; further, Tenant agrees to reimburse Landlord for any expenditures made by it in order to relet the leased premises, including, but not limited to, remodeling and repair costs. (2) Landlord may enter upon the leased premises, by picking or changing locks if necessary, without being liable for any claim for damages, and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease; further, Tenant agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's obligations under this Lease caused by giving three the negligence of Landlord or otherwise. (3) days' written notice Landlord may terminate this Lease, in which event Tenant shall immediately surrender the leased premises to Tenant of such further electionLandlord, and shall have if Tenant fails to surrender the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession onlyleased premises, Landlord may, at Landlord's optionwithout prejudice to any other remedy which it may have for possession or arrearages in rent, enter the Premises upon and take possession of the leased premises, by picking or changing locks if necessary, and hold possession thereoflock out, expel or remove Tenant and any other person who may be occupying all or any part of the leased premises without such entry into possession terminating being liable for any claim for damages. Tenant agrees to pay on demand the amount of all loss and damage which Landlord may suffer by reason of the termination of this Lease under this section, whether through inability to relet the leased premises on satisfactory terms or releasing otherwise. Notwithstanding any other remedy set forth in this Lease, in the event Landlord has made rent concessions of any type or character, or waived any base rent, and Tenant in whole fails to take possession of the leased premises on the commencement or in part from Tenant's completion date or otherwise defaults at any time during the term of this Lease, the rent concessions, including any waived base rent, shall be canceled and the amount of the base rent or other rent concessions shall be due and payable immediately as if no rent concessions or waiver of any base rent had ever been granted. A rent concession or waiver of the base rent shall not relieve Tenant of any obligation to pay all amounts hereunder for any other charge due and payable under this Lease including without limitation any sum due under section 2.02. Notwithstanding anything contained in this Lease to the full stated term. Upon such reentrycontrary, Landlord may remove all persons and property from the Premises and such property this Lease may be removed and stored in a public warehouse terminated by Landlord only by mailing or elsewhere at the cost and for the account delivering written notice of such termination to Tenant, without becoming liable for any loss and no other act or damage which may be occasioned thereby. Such reentry omission of Landlord shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without construed as a termination of the this Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premises. Upon such reentry, Tenant shall be liable to Landlord as follows:.

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's ’s bankruptcy estate, or (ii) to terminate Tenant's ’s right to possession only without canceling and terminating Tenant's ’s continued liability under this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's ’s right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' ’ written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's ’s right to possession only, Landlord may, at Landlord's ’s option, enter the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's Tenants obligation to pay all amounts hereunder for the full stated term. Upon such reentryre-entry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry re-entry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; , and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, Tenant for such time and upon such terms as Landlord, in Landlord's sole ’s reasonable discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premisesdesirable. Upon such reentryre-entry, Tenant shall be liable to Landlord as follows:

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, Landlord may elect either (i) to cancel and terminate any event of default set forth in this Lease and this Lease shall not be treated as an asset of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling and terminating Tenant's continued liability under this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession onlylease, Landlord shall have the continuing right option to cancel pursue any one or more of the remedies set forth herein without any notice or demand except as required by law; (1) Landlord may enter upon and terminate take possession of the Premises by any lawful means without terminating this Lease, remove Tenant or any other person who may be occupying all or any part of the Premises without being liable for any claim for damages, and relet Premises on behalf of Tenant and receive the rent directly by reasons of the reletting. Tenant agrees to pay Landlord on demand any deficiency that may arise by reason of any reletting of the Premises; further, Tenant agrees to reimburse Landlord for any expenditures made by it in order to relet the Premises, including, but not limited to, remodeling and repair costs; (2) Landlord may enter upon the Premises, by any lawful means, and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease. Further, Tenant agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's obligations under this Lease not caused by giving three the negligence of Landlord; (3) days' written notice Landlord may terminate this Lease, in which event Tenant shall immediately surrender the Premises to Tenant of such further electionLandlord, and shall have if Tenant fails to surrender the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession onlyPremises, Landlord may, at Landlord's optionwithout prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Premises, by any lawful means, and remove Tenant and any other person who may be occupying all or any part of the Premises without being liable for any claim for damages. Tenant agrees to pay on demand the amount of all loss and take and hold possession thereof, without such entry into possession terminating damage which Landlord may suffer by reason of the termination of this Lease under this section, whether through liability to refer the Premises on satisfactory terms or releasing otherwise. Notwithstanding any other remedy set forth in this Lease, in the event Landlord has made rent concessions of any type or character, or waived any Base Rent, and Tenant in whole fails to take possession of the Premises on the Commencement or in part from Tenant's Completion Date or otherwise defaults at any time during the term of this Lease, the rent concessions, including any waived Base Rent, shall be canceled and the amount of the Base Rent or other rent concessions shall be due and payable immediately as if no rent concessions or waiver of any Base Rent had ever been granted. A rent concession or waiver of the Base Rent shall not relieve Tenant of any obligation to pay all amounts hereunder for any other charge due and payable under this Lease including without limitation any sum due under section 2.02. Notwithstanding anything contained in this Lease to the full stated term. Upon such reentrycontrary, Landlord may remove all persons and property from the Premises and such property this Lease may be removed terminated by Landlord only by mailing or delivering written notice of such termination to Tenant, and stored no other act or omission of Landlord shall be construed as a termination of this Lease. Any property left on the demised premises at the expiration or other termination of this Lease, or after the happening of any of the events of default set forth in section 11.01 above, may, at the option of Landlord, either be deemed abandoned or be placed in storage at a public warehouse or elsewhere at in the cost name of and for the account of and at the expense and risk of Tenant. If such property is not claimed by Tenant within ten days after such expiration, without becoming liable for any loss termination, or damage which the happening of an event of default, it may be occasioned therebysold or otherwise disposed of by Landlord. Such reentry shall be conducted in Tenant expressly releases Landlord of and from any and all claims and liability for damage to or loss of property left by Tenant upon the following manner: without resort to judicial process demised premises at the expiration or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without other termination of the this Lease, and Tenant hereby indemnifies Landlord may, but is not obligated to, relet the Premises, or against any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations all claims and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premises. Upon such reentry, Tenant shall be liable to Landlord as follows:liability with respect thereto.

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset any event of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling and terminating Tenant's continued liability under default set forth in this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right option to cancel pursue any one or more of the remedies set forth herein without any notice or demand. (1) Landlord may enter upon and terminate take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages, to relet the Leased Premises on behalf of Tenant and receive the rent directly by reason of the reletting. Tenant agrees to pay Landlord on demand any deficiency that may arise by reason of any reletting at the Leased Premises; further, Tenant agrees to reimburse Landlord for any expenditures made by it in order to relet the Leased Premises, including, but not limited to, remodeling and repair costs and any broker s commissions or fees. (2) Landlord may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, and do whatever Tenant is obligated to do under the terms of this Lease Lease. Tenant agrees to reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant’s obligations under this Lease; further, Tenant agrees that Landlord shall not be liable for any damages resulting to Tenant as a result of Landlord’s efforts to effect compliance with Tenant’s obligation under this Lease, whether or not such non-compliance was caused by giving three the negligence of Landlord or otherwise. (3) days' written notice Landlord may terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Tenant of such further electionLandlord, and shall have if Tenant fails to surrender the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession onlyLeased Premises, Landlord may, at Landlord's optionwithout prejudice to any other remedy which it may have for possession or arrearages in rent, enter the Premises upon and take possession of the Leased Premises, by picking or changing locks if necessary, and hold possession thereoflock out, without such entry into possession terminating this Lease expel or releasing remove Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property any other person who may be removed and stored in a public warehouse occupying all or elsewhere at any part of the cost and for the account of Tenant, Leased Premises without becoming being liable for any claim for damages. Tenant agrees to pay on demand the amount of all loss or and damage which Landlord may be occasioned therebysuffer by reason of the termination of this Lease under this Section, whether through inability to relet the Leased Premises on satisfactory terms or otherwise. Such reentry shall be conducted Notwithstanding any other remedy set forth in this Lease, in the following manner: without resort to judicial process or notice event Landlord has made rent concessions of any kind if type or character, or waived any base rent, and Tenant has abandoned or voluntarily surrendered fails to take possession of the Premises; andLeased Premises on the commencement or completion date or otherwise defaults at any time during the term of this Lease, otherwisethe rent concessions, including any waived base rent, shall be canceled and the amount of the base rent waived or other rent concessions shall be due and payable immediately as if no rent concessions or waiver of any base rent had ever been granted. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated by resort Landlord only by mailing or delivering written notice of such termination to judicial process. Upon Tenant, and after entry into possession without no other act or omission of Landlord shall be construed as a termination of the this Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premises. Upon such reentry, Tenant shall be liable to Landlord as follows:.

REMEDIES FOR TENANT'S DEFAULT. (a) Upon the occurrence of a Default any event of default set forth in this Lease, Landlord, besides other rights or remedies that it may have and without prior notice (except as defined specified in Subsection 15.1 above), Landlord may elect either shall have the right to (i) to cancel terminate Tenant’s right of continued possession of the Leased Premises and terminate declare the entire remaining unpaid Rent for the balance of the then existing Term of this Lease to be immediately due and this Lease payable forthwith and take action to recover and collect the same either by distress or otherwise, but in the event Landlord is able to relet the Leased Premises during such periods from time to time, Tenant shall not consent to such reletting and Tenant shall be treated as an asset entitled to a credit against such damages in the amount of Tenant's bankruptcy estatethe rents and other sums received by Landlord from any such reletting of the Leased Premises, less any reasonable costs incurred by Landlord in connection with the repossessing of the Leased Premises, including, without limitation, reasonable attorneys’ fees, brokerage commissions and any costs of allowance, repairs or alterations, or (ii) terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord, or (iii) terminate Tenant's ’s right of continued possession of the Leased Premises and from time to possession only time, without canceling and terminating Tenant's continued liability under this Lease. Notwithstanding , relet the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' written notice to Tenant of such further election, and shall have the right to pursue Leased Premises or any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord may, at Landlord's option, enter the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost and thereof for the account and in the name of Tenant, without becoming liable for any loss such lease term or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon terms and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms conditions as Landlord, in Landlord's sole its reasonable discretion, shall determine. Landlord may deem advisable, and with the right to make alterations alterations, additions and repairs to the Leased Premises to the extent deemed by Landlord to be necessary in conjunction with such reletting. Notwithstanding any other remedy set forth in this Lease, in the event Landlord has made rent concessions of any type or desirable character, or waived any base rent, and Tenant fails to relet take possession of the Premises. Upon such reentryLeased Premises on the commencement or completion date or otherwise defaults at any time during the term of this Lease, Tenant the rent concessions, including any waived base rent, shall be liable cancelled and the amount of the base rent or other rent concessions shall be due and payable immediately as if no rent concessions or waiver of any base rent had ever been granted. A rent concession or waiver of the base rent shall not relieve Tenant of any obligation to pay any other charge due and payable under this Lease including without limitation any sum due under Article 3. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated by Landlord only by mailing or delivering written notice of such termination to Tenant, and no other act or omission of Landlord shall be construed as follows:a termination of this Lease.

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, above Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling cancelling and terminating Tenant's continued liability under this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord may, at Landlord's option, enter into the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premisesdesirable. Upon such reentry, Tenant shall be liable to Landlord as follows:

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, above Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's ’s bankruptcy estate, or (ii) to terminate Tenant's ’s right to possession only without canceling and terminating Tenant's ’s continued liability under this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's ’s right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three ten (310) days' days written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's ’s right to possession only, Landlord may, may at Landlord's ’s option, enter into the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation ’s obligations to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: ; without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet release the Premises, or any part thereof, to any one other than the Tenant, Tenant for such time and upon such terms as Landlord, in Landlord's ’s sole discretion, shall determine. determine Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premisesdesirable. Upon such reentry, Tenant shall be liable to Landlord as follows:

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, above Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's ’s bankruptcy estate, or (ii) to terminate Tenant's ’s right to possession only without canceling and terminating Tenant's ’s continued liability under this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's ’s right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' ’ written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's ’s right to possession only, Landlord may, at Landlord's ’s option, enter into the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's ’s obligation to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's ’s sole discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premisesdesirable. Upon such reentry, Tenant shall be liable to Landlord as follows:

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling cancelling and terminating Tenant's continued liability under this Lease. Notwithstanding the fact that initially Landlord elects under (iiH) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord may, at Landlord's option, enter the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premises. Upon such reentry, Tenant shall be liable to Landlord as follows:

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, Landlord may elect elect, with ten (10) days prior written notice to Tenant, either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling and terminating Tenant's continued liability under this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three ten (310) days' written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord may, at Landlord's option, enter the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for the full stated term. Upon such reentryre-entry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry re-entry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, shall use reasonable efforts to relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determineare commercially reasonable. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord reasonably necessary or desirable to relet the Premisesdesirable. Upon such reentryre-entry, Tenant shall be liable to Landlord as follows:

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling and terminating Tenant's continued liability under this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. 41905151-2 In the event of election under (ii) to terminate Tenant's right to possession only, Landlord may, at Landlord's option, enter the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for the full stated term. Upon such reentryre-entry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry re-entry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; , and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one anyone other than the Tenant, Tenant for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premisesdesirable. Upon such reentryre-entry, Tenant shall be liable to Landlord as follows:

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined aboveany event of Default, Landlord may elect either at its option pursue any one or more of the following remedies, and any and all other rights or remedies accruing to Landlord by law or otherwise, without any notice or demand: (ia) to cancel and terminate this Lease and this Lease shall not be treated as an asset commence dispossessory proceedings with or without the termination of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling and terminating Tenant's continued liability under this Lease; (b) declare the entire amount of Rent calculated on the current rate being paid by Tenant, and other sums which in Landlord's reasonable determination would become due and payable during the remainder of the Term (including, but not limited to, increases in Rent pursuant to the terms hereof), discounted to present value by using a reasonable discount rate selected by Landlord, to be due and payable immediately. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' written notice to Tenant Upon such acceleration of such further electionamounts, Tenant agrees to pay the same at once, together with all Rent and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord mayother amounts theretofore due, at Landlord's optionaddress as provided herein, enter provided however, that such payment shall not constitute a penalty or forfeiture but shall constitute liquidated damages for Tenant's failure to comply with the terms and provisions of this Lease (Landlord and Tenant agreeing that Landlord's actual damages in such an event are impossible to ascertain and that the amount set forth above is a reasonable estimate thereof). Upon making such payment, Tenant shall receive from Landlord all rents received by Landlord from other tenants renting the Premises during the Term, provided that the monies to which Tenant shall so become entitled shall in no event exceed the entire amount actually paid by Tenant to Landlord pursuant to the preceding sentence, less all of Landlord's costs and expenses (including, without limitation, brokerage and attorneys' fees and expenses) incurred in connection with or in any way related to the reletting of the Premises. The acceptance of such payment by Landlord shall not constitute a waiver of rights or remedies to Landlord for any failure of Tenant thereafter occurring to comply with any term, provision, condition or covenant of this Lease; (c) commence proceedings against Tenant for all amount owed by Tenant to Landlord whether a Base Rent, Additional Rent, damages or otherwise; (d) terminate the Term, in which event Tenant shall immediately surrender the Premises to Landlord and Tenant agrees to pay on demand the amount of all loss and damage which Landlord may suffer by reason of the termination of the Term under this subsection or otherwise; (e) with or without terminating this Lease, relet the Premises on behalf of Tenant an receive directly the rent by reason of the reletting in which event Tenant agrees to pay landlord on demand any deficiency that may arise by reason of any reletting of the Premises and take to reimburse Landlord upon demand for any expenditures made by it for remodeling or repairing in order to relet the Premises and hold possession thereoffor all other expenses incurred in connection with such reletting; Landlord shall not be liable for any failure to relet the Premises, without such entry into possession terminating this Lease or releasing Tenant in whole or in part part, nor for any failure to collect any rent due from Tenant's obligation to pay any such reletting; rather, Tenant shall remain liable for all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost Rent and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered all such expenses; (f) enter upon and take possession of the Premises, without being liable for prosecution of any claim for damages or for trespass or other tort; and, otherwise, by resort (g) do or caused to judicial process. Upon and after entry into possession without termination be done whatever Tenant is obligated to do under the terms of the this Lease, in which case Tenant agrees to reimburse Landlord mayon demand for any and all costs or expenses which Landlord may thereby incur and Tenant agrees that Landlord shall not be liable for any damages resulting to tenant from effecting compliance with Tenant's obligations under this subsection, but is not obligated to, relet whether caused by the Premises, negligence of Landlord or otherwise; or (h) enforce the performance of Tenant's obligations hereunder by injunction or other equitable relief (which remedy may be exercised upon any breach or default or any part thereof, to any one other than the threatened breach or default of Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premises. Upon such reentry, Tenant shall be liable to Landlord as follows:obligations hereunder).

REMEDIES FOR TENANT'S DEFAULT. (a) Upon the occurrence of a Default any event of default set forth in this Lease, Landlord, besides other rights or remedies that it may have and without prior notice (except as defined specified in Subsection 15.1 above), Landlord may elect either shall have the right to (i) to cancel terminate Tenant's right of continued possession of the Leased Premises and terminate declare the entire remaining unpaid Rent for the balance of the then existing Term of this Lease to be immediately due and this Lease payable forthwith and take action to recover and collect the same either by distress or otherwise, but in the event Landlord is able to relet the Leased Premises during such periods from time to time, Tenant shall not consent to such reletting and Tenant shall be treated as an asset entitled to a credit against such damages in the amount of Tenant's bankruptcy estatethe rents and other sums received by Landlord from any such reletting of the Leased Premises, less any reasonable costs incurred by Landlord in connection with the repossessing of the Leased Premises, including, without limitation, reasonable attorneys' fees, brokerage commissions and any costs of allowance, repairs or alterations, or (ii) terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord, or (iii) terminate Tenant's right of continued possession of the Leased Premises and from time to possession only time, without canceling and terminating Tenant's continued liability under this Lease. Notwithstanding , relet the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' written notice to Tenant of such further election, and shall have the right to pursue Leased Premises or any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord may, at Landlord's option, enter the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost and thereof for the account and in the name of Tenant, without becoming liable for any loss such lease term or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon terms and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms conditions as Landlord, in Landlord's sole its reasonable discretion, shall determine. Landlord may deem advisable, and with the right to make alterations alterations, additions and repairs to the Leased Premises to the extent deemed by Landlord to be necessary in conjunction with such reletting. Notwithstanding any other remedy set forth in this Lease, in the event Landlord has made rent concessions of any type or desirable character, or waived any base rent, and Tenant fails to relet take possession of the Premises. Upon such reentryLeased Premises on the commencement or completion date or otherwise defaults at any time during the term of this Lease, Tenant the rent concessions, including any waived base rent, shall be liable cancelled and the amount of the base rent or other rent concessions shall be due and payable immediately as if no rent concessions or waiver of any base rent had ever been granted. A rent concession or waiver of the base rent shall not relieve Tenant of any obligation to pay any other charge due and payable under this Lease including without limitation any sum due under Section 2. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated by Landlord only by mailing or delivering written notice of such termination to Tenant, and no other act or omission of Landlord shall be construed as follows:a termination of this Lease.

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, Landlord may elect either (i) to cancel and terminate any event of default set forth in this Lease and this Lease shall not be treated as an asset of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling and terminating Tenant's continued liability under this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession onlylease, Landlord shall have the continuing right option to cancel pursue any one or more of the remedies set forth herein without any notice or demand; (1) Landlord may enter upon and terminate take possession of the Premises without terminating this Lease, by picking or changing locks, if necessary, and if permitted by law, lock out, expel or remove Tenant or any other person who may be occupying all or any part of the Premises without being liable for any claim for damages, and relet Premises on behalf of Tenant and receive the rent directly by reasons of the reletting. Tenant agrees to pay Landlord on demand any deficiency that may arise by reason of any reletting of the Premises; further, Tenant agrees to reimburse Landlord for any expenditures made by it in order to relet the Premises, including, but not limited to, remodeling and repair costs; (2) Landlord may enter upon the Premises, by picking or changing locks if necessary, without being liable for any claim for damages, and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease. Further, Tenant agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's obligations under this Lease unless caused by giving three the gross negligence or willful misconduct of Landlord or otherwise; (3) days' written notice Landlord may terminate this Lease, in which event Tenant shall immediately surrender the Premises to Tenant of such further electionLandlord, and shall have if Tenant fails to surrender the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession onlyPremises, Landlord may, at Landlord's optionwithout prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Premises, by picking or changing locks if necessary, and lock out, expel or remove Tenant and any other person who may be occupying all or any part of the Premises without being liable for any claim for damages. Tenant agrees to pay on demand the amount of all loss and take and hold possession thereof, without such entry into possession terminating damage which Landlord may suffer by reason of the termination of this Lease under this section, whether through inability to relet the Premises on satisfactory terms or releasing otherwise. Notwithstanding any other remedy set forth in this Lease, in the event Landlord has made rent concessions of any type or character, or waived any Base Rent, and Tenant in whole fails to take possession of the Premises on the Commencement or in part from Tenant's Completion Date or otherwise defaults at any time during the term of this Lease, the rent concessions, including any waived Base Rent, shall be canceled and the amount of the Base Rent or other rent concessions shall be due and payable immediately as if no rent concessions or waiver of any Base Rent had ever been granted. A rent concession or waiver of the Base Rent shall not relieve Tenant of any obligation to pay all amounts hereunder for any other charge due and payable under this Lease including without limitation any sum due under section 2.02. Notwithstanding anything contained in this Lease to the full stated term. Upon such reentrycontrary, Landlord may remove all persons and property from the Premises and such property this Lease may be removed terminated by Landlord only by mailing or delivering written notice of such termination to Tenant, and stored no other act or omission of Landlord shall be construed as a termination of this Lease. Any property left on the demised premises at the expiration or other termination of this lease, may, at the option of Landlord, either be deemed abandoned or be placed in storage at a public warehouse or elsewhere at in the cost name of and for the account of and at the expense and risk of Tenant. If such property is not claimed by Tenant within ten days after such expiration, without becoming liable for any loss or damage which termination, it may be occasioned therebysold or otherwise disposed of by Landlord. Such reentry shall be conducted in Tenant expressly releases Landlord of and from any and all claims and liability for damage to or loss of property left by Tenant upon the following manner: without resort to judicial process demised premises at the expiration or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without other termination of the Leasethis lease, and Tenant hereby indemnifies Landlord may, but is not obligated to, relet the Premises, or against any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations all claims and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premises. Upon such reentry, Tenant shall be liable to Landlord as follows:liability with respect thereto.

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's ' bankruptcy estate, estate or (ii) to terminate Tenant's right to possession only without canceling and terminating Tenant's continued liability under this Leaselease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord may, at Landlord's option, enter the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premises. Upon such reentry, Tenant shall be liable to Landlord as follows:

REMEDIES FOR TENANT'S DEFAULT. (a) Upon the occurrence of a Default as defined aboveany event of default set forth in this Lease after passage of any applicable cure period, Landlord Landlord, besides any other rights or remedies that it may elect either have, and without prior notice, shall have the right, without notice or demand, to, at Landlord's sole option, (i) to cancel terminate Tenant's right of continued possession of the Leased Premises and terminate declare the entire remaining unpaid Rent for the balance of the then existing Term of this Lease to be immediately due and this Lease payable forthwith and take action to recover and collect the same either by distress or otherwise, but in the event Landlord is able to relet the Leased Premises during such periods from time to time, Tenant shall not consent to such reletting and Tenant shall be treated as an asset entitled to a credit against such damages In the amount of Tenant's bankruptcy estatethe rents and other sums received by Landlord from any such reletting of the Leased Premises, less any reasonable costs Incurred by Landlord in connection with the repossessing of the Leased Premises, including, without limitation, reasonable attorneys' fees, brokerage commissions and any costs of allowance, repairs or alterations, or (ii) terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord, or (iii) terminate Tenant's right of continued possession of the Leased Premises and from time to possession only time, without canceling and terminating Tenant's continued liability under this Lease. Notwithstanding , relet the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' written notice to Tenant of such further election, and shall have the right to pursue Leased Premises or any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord may, at Landlord's option, enter the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost and thereof for the account and in the name of Tenant, without becoming liable for any loss such lease term or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon terms and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms conditions as Landlord, in Landlord's sole its reasonable discretion, shall determine. Landlord may deem advisable, and with the right to make alterations alterations, additions and repairs to the Leased Premises to the extent deemed by Landlord to be necessary in conjunction with such reletting. Notwithstanding any other remedy set forth, in this Lease, in the event Landlord has made rent concessions of any type or desirable character, or waived any base rent, and Tenant fails to relet take possession of the PremisesLeased Premises on the Commencement Date or otherwise defaults at any time during the Term of this Lease which default. Upon such reentrycontinues beyond any applicable cure period, Tenant the rent concessions, including any waived base rent, shall be liable cancelled and the amount of the base rent or other rent concessions shall be due and payable immediately as if no rent concessions or waiver of any base rent had ever been granted. A rent concession or waiver of the base rent shall not relieve Tenant of any obligation to Landlord as follows:pay any other charge due and payable under this Lease including without limitation any sum due under Article 4.

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, above Landlord may elect either (i) to i)to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling and terminating Tenant's continued liability under this Lease. Notwithstanding the fact that initially Landlord elects under (iiiii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord may, at Landlord's option, enter into the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premisesdesirable. Upon such reentry, Tenant shall be liable to Landlord as follows:

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, above Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling cancelling and terminating Tenant's continued liability under this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate TenantXxxxxx's right to possession only, Landlord may, at LandlordXxxxxxxx's option, enter into the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from TenantXxxxxx's obligation to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premisesdesirable. Upon such reentry, Tenant shall be liable to Landlord as follows:: A For all attorneys' fees incurred by Landlord in connection with exercising any remedy hereunder;

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, above Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's ’s bankruptcy estate, or (ii) to terminate Tenant's ’s right to possession only without canceling and terminating Tenant's ’s continued liability under this Lease. Notwithstanding the fact that initially Landlord landlord elects under (ii) to terminate Tenant's ’s right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' days written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's ’s right to possession only, Landlord may, at Landlord's ’s option, enter into the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation ’s obligations to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: ; without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet release the Premises, or any part thereof, to any one other than the Tenant, Tenant for such time and upon such terms as Landlord, in Landlord's ’s sole discretion, shall determine. determine Landlord may make reasonable alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premisesdesirable. Upon such reentry, Tenant shall be liable to Landlord as follows:

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling cancelling and terminating Tenant's continued liability under this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord may, at Landlord's option, enter the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, may exercise reasonable efforts to relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premises. Upon such reentry, Tenant shall be liable to Landlord as follows:

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined aboveany Event of Default, Landlord may elect either at its option pursue any one or more of the following remedies, and any and all other rights or remedies accruing to Landlord by law or otherwise, without any notice or demand: (ia) to cancel and terminate this Lease and this Lease shall not be treated as an asset commence dispossessory proceedings with or without the termination of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling and terminating Tenant's continued liability under this Lease; (b) declare the entire amount of Rent calculated on the current rate being paid by Tenant, and other sums which in Landlord's reasonable determination would become due and payable during the remainder of the Term (including, but not limited to, increases in Rent pursuant to the terms hereof), discounted to present value by using a reasonable discount rate selected by Landlord, to be due and payable immediately. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' written notice to Tenant Upon such acceleration of such further electionamounts, Tenant agrees to pay the same at once, together with all Rent and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord mayother amounts theretofore due, at Landlord's optionaddress as provided herein; provided however, enter that such payment shall not constitute a penalty or forfeiture but shall constitute liquidated damages for Tenant's failure to comply with the terms and provisions of this Lease (Landlord and Tenant agreeing that Landlord's actual damages in such an event are impossible to ascertain and that the amount set forth above is a reasonable estimate thereof). Upon making such payment, Tenant shall receive from Landlord all rents received by Landlord from other tenants renting the Premises during the Term, provided that the monies to which Tenant shall so become entitled shall in no event exceed the entire amount actually paid by Tenant to Landlord pursuant to the preceding sentence, less all of Landlord's costs and expenses (including, without limitation, reasonable brokerage and attorneys' fees and expenses) incurred in connection with or in any way related to the reletting of the Premises. The acceptance of such payment by Landlord shall not constitute a waiver of rights or remedies to Landlord for any failure of Tenant thereafter occurring to comply with any term, provision, condition or covenant of this Lease; (c) commence proceedings against Tenant for all amounts owed by Tenant to Landlord, whether as Base Rent, Additional Rent, damages or otherwise; (d) terminate the Term, in which event Tenant shall immediately surrender the Premises to Landlord and Tenant agrees to pay on demand the amount of all loss and damage which Landlord may suffer by reason of the termination of the Term under this subsection or otherwise; (e) with or without terminating this Lease, relet the Premises on behalf of Tenant and receive directly the rent by reason of the reletting in which event Tenant agrees to pay Landlord on demand any deficiency that may arise by reason of any reletting of the Premises and take to reimburse Landlord upon demand for any expenditures made by it for remodeling or repairing in order to relet the Premises and hold possession thereoffor all other expenses incurred in connection with such reletting; Landlord shall not be liable for any failure to relet the Premises, without such entry into possession terminating this Lease or releasing Tenant in whole or in part part, nor for any failure to collect any rent due from Tenant's obligation to pay any such reletting; rather, Tenant shall remain liable for all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost Rent and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered all such expenses; (f) enter upon and take possession of the Premises, without being liable for prosecution of any claim for damages or for trespass or other tort; and, otherwise, by resort (g) do or cause to judicial process. Upon and after entry into possession without termination be done whatever Tenant is obligated to do under the terms of the this Lease, in which case Tenant agrees to reimburse Landlord mayon demand for any and all costs or expenses which Landlord may thereby incur and Tenant agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's obligations under this subsection, but is not obligated to, relet whether caused by the Premises, negligence of Landlord or otherwise; or (h) enforce the performance of Tenant's obligations hereunder by injunction or other equitable relief (which remedy may be exercised upon any breach or default or any part thereof, to any one other than the threatened breach or default of Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premises. Upon such reentry, Tenant shall be liable to Landlord as follows:obligations hereunder).

REMEDIES FOR TENANT'S DEFAULT. Upon In the occurrence event of a Default as defined aboveTenant's default or breach of the Lease, Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling of the Premises by any lawful means in which case this Lease shall terminate and terminating Tenant's continued Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re- entry following abandonment of the Premises by Tenant and Landlord may consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord shall deem proper and is hereby relieved of all liability under for doing so. If Tenant breaches this Lease. Notwithstanding Lease and abandons the fact that initially Landlord elects under (ii) to terminate Premises before the end of the term, or if Tenant's right to possession onlyis terminated by Landlord because of a breach of the Lease, then in either such case, Landlord shall have may recover from Tenant all damages suffered by Landlord as a result of Tenant's failure to perform its obligations hereunder, including, but not restricted to, the continuing right worth at the time of the award of the amount by which the rent then unpaid hereunder for the balance of the Lease term after the time of award exceeds the amount of such loss of Rent for the same period which the Tenant proves could be reasonably avoided by Landlord and in such case, Landlord prior to cancel and terminate the award, may relet the Premises for the purpose of mitigating damages suffered by Landlord because of Tenant's failure to perform his obligations hereunder; provided, however, that even though Tenant has abandoned the Premises following such breach, this Lease by giving three (3) days' written notice to Tenant of such further election, shall nevertheless continue in full force and shall have effect for as long as the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to Landlord does not terminate Tenant's right to possession onlyof possession, Landlord may, at Landlord's option, enter the Premises and take and hold possession thereof, without until such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for the full stated term. Upon such reentrytermination, Landlord may remove enforce all persons his rights and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the remedies under this Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations declare all of the installments of rent for the whole term of this Lease to be immediately due and repairs payable at once without further demand, in which event all sums payable at once without further demand, in which event all sums payable to the Premises Landlord shall bear interest from the date of default at the highest rate permitted by law. The foregoing remedies are not exclusive; they are cumulative in addition to the extent any remedies now or later allowed by law or equity, and to any remedies Landlord may have under bankruptcy laws or laws affecting creditor's rights generally. The waiver of Landlord of any breach of any term of this Lease shall not be deemed by Landlord necessary a waiver of such term or desirable to relet the Premises. Upon such reentry, Tenant shall be liable to Landlord as follows:of any subsequent breach thereof.

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's bankruptcy estate, estate or (ii) to terminate Tenant's right to possession only without canceling cancelling and terminating Tenant's continued liability under this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' days written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord may, at Landlord's option, enter the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, discretion shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or of desirable to relet the Premises. Upon such reentry, Tenant shall be liable to Landlord as follows:

REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of a Default as defined above, above Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling cancelling and terminating Tenant's continued liability under this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' days written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlordlandlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord may, at Landlord's option, enter into the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation obligations to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: , without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet release the Premises, or any part thereof, to any one other than the Tenant, Tenant for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. determine Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord landlord necessary or desirable to relet the Premisesdesirable. Upon such reentry, Tenant shall be liable to Landlord as follows: