Common use of REMEDIES OF LANDLORD; WAIVER OF REDEMPTION Clause in Contracts

REMEDIES OF LANDLORD; WAIVER OF REDEMPTION. 00.00.Xx case of such re-entry, expiration and/or dispossess by summary proceedings or otherwise as set forth in Article 14 hereof (a) 26 the rent shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such reasonable expenses as Landlord may incur for legal expenses, reasonable attorneys' fees, brokerage, and/or putting the demised premises in good order or for preparing the same for re-rental; (b) Landlord may re-let* the premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease and may grant concessions or free rent; and/or (c) Tenant shall also pay Landlord as damages for the failure of Tenant to observe and perform said Tenant's covenants herein contained, any deficiency between the rent hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents collected on account of the lease or leases of the demised premises for each month of the period which would otherwise have constituted the balance of the term of this Lease. The failure or refusal of Landlord to re-let the premises or any part or parts thereof shall not release or affect Tenant's liability for damages. In computing such damages there shall be added to the said deficiency such reasonable expenses as Landlord may incur in connection with re- letting, such as legal expenses, reasonable attorneys fees, brokerage and for keeping the demised premises in good order or for preparing the same for re-letting. Any such damages shall be paid in monthly installments by Tenant on the rent days specified in this Lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, at Landlord's option, may make such alterations, repairs, replacements and/or decorations in the demised premises as Landlord, in Landlord's sole judgment, considers advisable and necessary for the purpose of re- letting the demised premises; and the making of such alterations and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure or refusal to re-let the demised premises or any parts thereof, or, in the event that the demised premises are re-let, for failure to collect the rent thereof under such re-letting. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy, shall not preclude Landlord from any other remedy, in law or in equity. * (Landlord shall seek to relet the demised premises provided there is no other comparable space in the Building then available for leasing by Landlord

REMEDIES OF LANDLORD; WAIVER OF REDEMPTION. 00.00.Xx 20.1 In case of such re-entry, expiration and/or dispossess by summary proceedings or otherwise as set forth in Article 14 19 hereof (a) 26 the rent shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such reasonable expenses as Landlord may incur for legal expenses, reasonable attorneys' attorneys fees, brokerage, and/or and putting the demised premises in good order or and/or for preparing the same for re-rental; (b) Landlord may re-let* let the premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease and may grant concessions or free rent; and/or and (c) Tenant shall also pay Landlord as damages for the failure of Tenant to observe and perform said Tenant's covenants herein contained, any deficiency between the rent hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents collected on account of the lease or leases of the demised premises for each month of the period which would otherwise have constituted the balance of the term of this Lease. The failure or refusal of Landlord to re-let the premises or any part or parts thereof shall not release or affect Tenant's liability for damages. In computing such damages there shall be added to the said deficiency such reasonable expenses as Landlord may incur in connection with re- re-letting, such as legal expenses, reasonable attorneys attorneys' fees', brokerage and for keeping the demised premises in good order or for preparing the same for re-letting. Any such damages shall be paid in monthly installments by Tenant on the rent days specified in this Lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, at Landlord's option, may make such alterations, repairs, replacements and/or decorations in the demised premises as Landlord, in Landlord's sole judgment, considers advisable and necessary for the purpose of re- re-letting the demised premises; and the making of such alterations and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure or refusal to re-let the demised premises or any parts thereof, or, in the event that the demised premises are re-let, for failure to collect the rent thereof hereof under such re-letting. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy, remedy shall not preclude Landlord from any other remedy, in law or in equity. * (Landlord shall seek to relet the demised premises provided there is no other comparable space in the Building then available for leasing by Landlord.

REMEDIES OF LANDLORD; WAIVER OF REDEMPTION. 00.00.Xx 15.01. In case of any such re-entry, expiration and/or dispossess dispossession by summary proceedings or otherwise other legal proceedings as set forth in Article 14 hereof (a) 26 the rent shall become due thereupon and be paid up to the time of such re-entry, dispossess expiration and/or expirationdispossession, together with such reasonable expenses as Landlord may reasonably incur for legal expenses, reasonable attorneys' fees, brokeragebrokerage fees, and/or putting the demised premises into the condition in good order or for preparing which Tenant would have been obligated to deliver the same for re-rentaldemised premises on the fixed expiration date of the term; (b) Landlord may re-let* let the demised premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, terms which may at Landlord's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease and may grant concessions or free rent; and/or (c) Tenant shall shall, in addition to the other rights and remedies Landlord has, or may claim by virtue of any other provision contained herein or by virtue of any statute or rule of law, also pay Landlord as liquidated damages (and not as a penalty) for the failure of Tenant to observe and perform said Tenant's covenants covenants, agreements, terms, provisions and conditions herein contained, : (y) any deficiency between the rent hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents collected on account of the lease or leases of the demised premises (or, in the event that Landlord or any Affiliate of Landlord, at its or their option but without any obligation to do so, re-occupies any portion of the demised premises, the fair market rental value attributable to the portion of the demised premises so occupied for the period of such occupancy) for each month of the period which would otherwise have constituted the balance of the term of this Lease, or, at Landlord's option, but in lieu of any other damages which may otherwise be recoverable by Landlord hereunder with respect to the loss of the benefit of Landlord's bargain, (z) a sum which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the then present value of the excess (employing a discount factor equal to the Treasury Rate, as such term is hereinafter defined), if any, of (i) the aggregate amount of the basic annual rent and the additional rent which would have been payable by Tenant (conclusively presuming the average monthly additional rent to be the same as were payable for the last twelve (12) calendar months, or if fewer than twelve (12) calendar months have then elapsed from the last Rent Commencement Date, all of the calendar months immediately preceding such termination or re-entry) for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date contemplated as the expiration date hereof if this Lease had not so terminated or if Landlord had not so re-entered the demised premises, over (ii) the aggregate fair market rental value of the demised premises for the same period. The failure or refusal of Landlord to re-let the demised premises or any part or parts thereof shall not release or affect Tenant's liability for damages. In computing such liquidated damages there shall be added to the said deficiency such reasonable actual out-of-pocket expenses as Landlord may reasonably incur in connection with re- re-letting, such as legal expenses, reasonable attorneys attorneys' fees, brokerage fees and for keeping the demised premises in good order or for preparing the same for re-letting. Any such liquidated damages payable pursuant to clause (y) of this Section 15.01 shall be paid in monthly installments by Tenant on the rent days specified in this Lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, at Landlord's option, may make such alterations, repairs, replacements and/or decorations in the demised premises as Landlord, in Landlord's sole reasonable judgment, considers advisable and necessary for the purpose of re- re-letting the demised premises; and the making of such alterations and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure or refusal to re-let the demised premises or any parts thereof, or, in the event that the demised premises are re-let, for failure to collect the rent thereof under such re-letting. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy, shall not preclude Landlord from any other remedy, in law or in equity. * (Landlord shall seek to relet the demised premises provided there is no other comparable space in the Building then available for leasing by Landlord.

REMEDIES OF LANDLORD; WAIVER OF REDEMPTION. 00.00.Xx 15.01. In case of such re-entry, expiration and/or dispossess by summary proceedings or otherwise as set forth in Article 14 hereof (a) 26 the rent shall become due thereupon and be paid up to the time of such re-entry, entry dispossess and/or expiration, together with such reasonable expenses as Landlord may incur for legal expenses, reasonable attorneys' fees, brokerage, and/or putting the demised premises in good order order, or for preparing the same for re-rental; (b) Landlord may re-let* let the premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, terms which may at Landlord's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease and may grant concessions or free rent; and/or (c) Tenant shall also pay Landlord as damages for the failure of Tenant to observe and perform said Tenant's covenants herein contained, any deficiency between the rent hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents collected on account of the lease or leases of the demised premises for each month of the period which would otherwise have constituted the balance of the term of this Lease. The failure or refusal of Landlord to re-let the premises or any part or parts thereof shall not release or affect Tenant's liability for damages. In computing such damages there shall be added to the said deficiency such reasonable expenses as Landlord may incur in connection with re- re-letting, such as legal expenses, reasonable attorneys attorneys' fees, brokerage and for keeping the demised premises in good order or for preparing the same for re-letting. Any such damages shall be paid in monthly installments by Tenant on the rent days specified in this Lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, at Landlord's option, may make such alterations, repairs, replacements and/or decorations in the demised premises as Landlord, in Landlord's sole judgment, considers advisable and necessary for the purpose of re- re-letting the demised premises; and the making of such alterations and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure or refusal to re-let the demised premises or any parts thereof, or, in the event that the demised premises are re-let, for failure to collect the rent thereof under such re-letting. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy, shall not preclude Landlord from any other remedy, in law or in equity. * (Landlord shall seek to relet the demised premises provided there is no other comparable space in the Building then available for leasing by Landlord.

REMEDIES OF LANDLORD; WAIVER OF REDEMPTION. 00.00.Xx 15.01 In case of any such re-entry, expiration and/or dispossess by summary proceedings or otherwise of otherwise, as set forth in sin Article 14 hereof hereof, (a) 26 the rent shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such reasonable expenses as Landlord may incur for legal expenses, reasonable attorneys' , fees, brokerage, and/or putting the demised premises Demised Premises in good order order, or for preparing the same for re-rental; (b) Landlord may re-let* let the premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease and may grant concessions or free rent; and/or (c) Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant's covenants herein contained, any deficiency between the rent hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents collected on account of the lease or leases of the demised premises Demised Premises for each month of the period which would otherwise have constituted the balance of the term of this Lease. The failure or refusal of Landlord to re-let the premises or any part or of parts thereof shall not release or affect Tenant's liability for damages. In computing such liquidated damages there shall be added to the said deficiency such reasonable expenses as Landlord may incur in connection with re- re-letting, such as legal expenses, reasonable attorneys attorneys, fees, brokerage and for keeping the demised premises Demised Premises in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent days specified in this Lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, Landlord at Landlord's option, option may make such alterations, repairs, replacements and/or decorations in the demised premises Demises Premises as Landlord, in Landlord's sole judgment, considers advisable and necessary for the purpose of re- re-letting the demised premisesDemised Premises; and the making of such alterations and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord agrees, however, to use reasonable efforts to re-let the Demised Premises and agree that in no event will it unreasonably refuse to re-let to any person. In no event shall Landlord be expected to make any effort to relet the Demised Premises if there is in the Building comparable space which is vacant or will be vacant within one year from the COMMERCIAL USE ONLY - NO LIVING ALLOWED --------------------------------------- date of repossession of the Demised Premises. Landlord shall in no event be liable in any way whatsoever for failure or refusal to re-let the demised premises Demised Premises or any parts thereof, or, in the event that the demised premises Demised Premises are re-let, let for failure to collect the rent thereof under such re-lettingreletting. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if a result of re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy, shall not preclude Landlord from any other remedy, in law or in equity. * (Landlord shall seek to relet the demised premises provided there is no other comparable space in the Building then available for leasing by Landlord.

REMEDIES OF LANDLORD; WAIVER OF REDEMPTION. 00.00.Xx 15.01. In case of any such re-entry, expiration and/or dispossess by summary proceedings or otherwise as set forth in Article 14 hereof (a) 26 the rent shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such reasonable expenses as Landlord may incur for legal expenses, reasonable attorneys' fees, brokerage, and/or putting the demised premises in good order order, or for preparing the same for re-re-- rental; (b) Landlord Land1o~d may re-let* let the demised premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease and may grant concessions or free rent; and/or (cC) Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant's covenants herein contained, any deficiency between the rent hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents collected on account of the lease or leases of the demised premises for each month of the period which would otherwise have constituted the balance of the term of this Lease. The failure or refusal of Landlord to re-let the demised premises or any part or parts thereof shall not release or affect Tenant's liability for damages. In computing such liquidated damages there shall be added to the said deficiency such reasonable expenses as Landlord may incur in connection with re- re--letting, such as legal expenses, reasonable attorneys attorneys' fees, brokerage and for keeping the demised premises in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent days specified in this Lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, at Landlord's option, may make such alterations, repairs, replacements and/or decorations in the demised premises as Landlord, in Landlord's sole judgment, considers advisable and necessary for the purpose of re- re--letting the demised premises; and the making of such alterations and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable liable, in any way whatsoever for the failure or refusal to re---let the demised premises or any parts thereof, or, in the event that the demised premises are re---let, for failure to collect the rent thereof under such re---letting. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy, shall not preclude Landlord from any other remedy, in law or in equity. * (Landlord shall seek take all reasonable steps to relet the demised premises provided there is no other comparable space mitigate damages in the Building then available for leasing event of default by LandlordTenant.