Common use of REMEDIES OF LESSOR Clause in Contracts

REMEDIES OF LESSOR. Upon each occurrence of an Event of Default and so long as such Event of Default shall be continuing, Lessor may at any time thereafter at its election terminate this Lease and Lessee's right of possession (but Lessee shall remain liable as hereinafter provided), and/or pursue any other remedies at law or in equity. Upon the termination of this Lease and Lessee's right of possession, it shall be lawful for Lessor to re-enter the Space by summary dispossession proceedings or any other action or proceeding authorized by law and to remove Lessee and all persons and property therefrom. If Lessor re-enters the Space, Lessor shall have the right to keep in place and use, or remove and store, all of the furniture, fixtures and equipment at the Space. Upon Lessor's termination of this Lease, Lessor may recover from Lessee the sum of: all Rent, Additional Rent and all other amounts accrued hereunder to the date of such termination; the cost of reletting the whole or any part of the Space, including without limitation brokerage fees and/or leasing commissions incurred by Lessor, and costs of removing and storing Lessee's or any other occupant's property, repairing, altering, remodeling, or otherwise putting the Space into condition acceptable to a new tenant or tenants, and all reasonable expenses incurred by Lessor in pursuing its remedies, including reasonable attorneys' fees and court costs. If the Space is relet and a sufficient sum shall not be realized from such reletting [after first deducting therefrom, for retention by Lessor, the unpaid Rent, Additional Rent and other amounts accrued hereunder at the time of reletting, the cost of recovering possession (including reasonable attorneys' fees and costs of suit), all of the costs and expenses of repairs, changes, alterations, and additions, the expense of such reletting (including without limitation brokerage fees and leasing commissions) and the cost of collection of the Rent and Additional Rent accruing therefrom] to satisfy the Rent provided for in this Lease to be paid, then Lessee shall immediately satisfy and pay any such deficiency. Exercise by Lessor of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of the Space and/or a termination of this Lease by Lessor, whether by agreement or by operation of law. Any law, usage, or custom to the contrary notwithstanding, Lessor shall have the right at all times to enforce the provisions of this Lease in strict accordance with the terms hereof; and the failure of Lessor at any time to enforce its rights under this Lease strictly in accordance with same shall not be construed as having created a custom in any way or manner contrary to the specific terms, provisions, and covenants of this Lease or as having modified the same. Lessee and Lessor further agree that forbearance or waiver by Lessor to enforce its rights pursuant to this Lease or at law or in equity, shall not be a waiver of Lessor's right to enforce one or more of its rights in connection with any subsequent default. A receipt by Lessor of rent or other payment with knowledge of the breach of any term or covenant of this Lease shall not be deemed a waiver of such breach, an no waiver by Lessor of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by Lessor. To the greatest extent permitted by law, Lessee waives the service of notice of Lessor's intention to re-enter as provided for in any statute, or to institute legal proceedings to that end, and also waives all right of redemption in case Lessee shall be dispossessed by a judgment or by warrant of any court or judge. Any reletting of the Space shall be on such terms and conditions as Lessor in its sole discretion may determine (including without limitation a term different than the remaining Term, rental concessions, alterations and repair of the Space, lease of less than the entire Space to any tenant and leasing any or all other portions of the Building before reletting the Space). Lessor shall not be liable, nor shall Lessee's obligations hereunder be diminished because of, Lessor's failure to relet the Space or collect Rent due in respect of such reletting.

REMEDIES OF LESSOR. Upon each occurrence any event of an Event of Default and so long as such Event of Default shall be continuingdefault, Lessor may may, at Lessor's option and in addition to all other rights, remedies and recourses afforded Lessor hereunder or by law or equity, do any time thereafter at its election terminate one or more of the following: (a) Terminate this Lease and lease by the giving of written notice to Lessee's right of possession (but , in which event Lessee shall remain liable as hereinafter provided), and/or pursue any other remedies at law or in equity. Upon the termination of this Lease and Lessee's right of possession, it shall be lawful for pay to Lessor to re-enter the Space by summary dispossession proceedings or any other action or proceeding authorized by law and to remove Lessee and all persons and property therefrom. If Lessor re-enters the Space, Lessor shall have the right to keep in place and use, or remove and store, all of the furniture, fixtures and equipment at the Space. Upon Lessor's termination of this Lease, Lessor may recover from Lessee upon demand the sum of: of (i) all Rent, Additional Rent rent and all other amounts accrued hereunder to the date of such termination; , and (ii) damages in an amount equal to (A) the cost of reletting total rent that Lessee would have been required to pay for the whole or any part remainder of the Space, including without limitation brokerage fees and/or leasing commissions incurred term discounted to present value at a discount rate reasonably designated by Lessor, and costs Lessor minus (B) the then present fair rental value of removing and storing the leased premises for such period. (b) Terminate Lessee's or any other occupant's propertyright to possession of the leased premises without terminating this lease by the giving of written notice to Lessee, repairing, altering, remodeling, or otherwise putting the Space into condition acceptable in which event Lessee shall pay to a new tenant or tenants, and Lessor upon demand (i) all reasonable expenses incurred by Lessor in pursuing its remedies, including reasonable attorneys' fees and court costs. If the Space is relet and a sufficient sum shall not be realized from such reletting [after first deducting therefrom, for retention by Lessor, the unpaid Rent, Additional Rent rent and other amounts accrued hereunder at to the time date of relettingtermination of possession, and (ii) all rent and other sums required hereunder to be paid by Lessee during the cost of recovering possession (including reasonable attorneys' fees and costs of suit), all remainder of the costs and expenses of repairsterm, changes, alterations, and additions, the expense of such reletting (including without limitation brokerage fees and leasing commissions) and the cost of collection of the Rent and Additional Rent accruing therefrom] to satisfy the Rent provided for in this Lease to be paid, then Lessee shall immediately satisfy and pay diminished by any such deficiency. Exercise net sums thereafter received by Lessor through reletting the leased premises during said period. Reentry by Lessor in the leased premises will not affect the obligations of any Lessee hereunder for the unexpired term. Lessor may bring action against Lessee to collect amounts due by Lessee on one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of occasions, without the Space and/or a termination of this Lease by Lessor, whether by agreement or by operation of law. Any law, usage, or custom to the contrary notwithstanding, Lessor shall have the right at all times to enforce the provisions of this Lease in strict accordance with the terms hereof; and the failure of Lessor at any time to enforce its rights under this Lease strictly in accordance with same shall not be construed as having created a custom in any way or manner contrary to the specific terms, provisions, and covenants of this Lease or as having modified the same. Lessee and Lessor further agree that forbearance or waiver by Lessor to enforce its rights pursuant to this Lease or at law or in equity, shall not be a waiver necessity of Lessor's right to enforce one or more of its rights in connection with any subsequent default. A receipt by Lessor of rent or other payment with knowledge waiting until expiration of the breach of term. (c) Alter or remove any term or covenant of this Lease shall not be deemed a waiver of such breach, an no waiver by Lessor of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by Lessor. To all locks and other security devices at the greatest extent permitted by law, Lessee waives the service of notice of Lessor's intention to re-enter as provided for in any statute, or to institute legal proceedings to that end, and also waives all right of redemption in case Lessee shall be dispossessed by a judgment or by warrant of any court or judge. Any reletting of the Space shall be on such terms and conditions as Lessor in its sole discretion may determine (including without limitation a term different than the remaining Term, rental concessions, alterations and repair of the Space, lease of less than the entire Space to any tenant and leasing any or all other portions of the Building before reletting the Space). Lessor shall not be liable, nor shall Lessee's obligations hereunder be diminished because of, Lessor's failure to relet the Space or collect Rent due in respect of such relettingleased premises.

REMEDIES OF LESSOR. Upon each occurrence 21.01 If Lessee fails to perform any duty or obligation of an Event of Default and so long as such Event of Default shall be continuingLessee under this Lease, Lessor may at its option, without waiver of Default nor any other right or remedy, perform any such duty or obligation on Lessee's behalf. The costs and expenses of any such performance by Lessor will be immediately due and payable by Lessee upon receipt from Lessor of the reimbursement amount required. 21.02 Upon a Default, with or without notice or demand, and without limiting any other of Lessor's rights or remedies, Lessor may: (a) Terminate this Lease and/or terminate Lessee's right to possession of the Premises. Upon any such termination, Lessee will immediately surrender possession of the Premises to Lessor. Lessor reserves all right and remedies available to it pursuant to the terms and conditions of this Lease as well as under state law (whether by terms of this Lease or otherwise). Lessee hereby grants Lessor the full and free right to enter the Premises with or without process of law. Lessee releases Lessor of any liability for any damage resulting therefrom and waives any right to claim damage for such re-entry. Lessee also agrees that Lessor's right to re-lease or any other right given to Lessor as a consequence of Lessee's Default hereunder or by operation of law is not relinquished. On such termination, Lessor will be entitled to recover from Lessee: (i) the worth at the time thereafter of the award of the unpaid rent which had been earned at the time of the termination; (ii) the worth at the time of the award of the amount by which the unpaid rents which would have been earned after termination until the time of award exceeds the amount of such rental loss that Lessee proves could have been avoided; (iii) the worth at the time of the award of the amount by which the unpaid rents for the balance of the Lease Term after the time of award exceeds the amount of such rental loss for such period that Lessee proves could be reasonably avoided; and (iv) any other amount necessary to compensate Lessor for all the damage proximately caused by Lessee's failure to perform its election terminate obligations under this Lease or which in the ordinary course of events would likely result therefrom, including but not limited to, all costs and expenses attributable to recovering possession of the Premises, reletting expenses (including the costs and expenses of any necessary repairs, renovations and alterations to the Premises), costs of carrying the Premises (including but not limited to, Lessor's payment of real property taxes and insurance premiums), actual legal fees and associated costs and expenses, the unamortized portion of all brokerage commissions paid in connection with this Lease and all costs of Lessor's Work (amortized without interest on a straight line basis over the initial Lease Term), and reimbursement of any deferred rent or other Lease execution inducement; or (b) Continue the Lease and Lessee's right to possession and recover rent as it becomes due. Acts of possession (but Lessee shall remain liable as hereinafter provided)maintenance or preservation, and/or pursue any other remedies at law efforts to relet the Premises, removal or in equity. Upon storage of Lessee's personal property or the appointment of a receiver to protect Lessor's interest under this Lease, will not constitute a termination of this Lease and Lessee's right of to possession, it shall be lawful for . Lessor agrees to re-enter the Space by summary dispossession proceedings or any other action or proceeding authorized by law and make reasonable efforts to remove Lessee and all persons and property therefrom. If Lessor re-enters the Spacemitigate its damages provided however, Lessor shall have the right not be required to keep in place and use, relet any or remove and store, all of the furniturePremises prior to leasing other vacant space on the Project, fixtures nor shall Lessor be required to accept a tenant of lesser financial quality than Lessee was as of the commencement date of this Lease; and/or (c) Pursue any other remedy now or hereafter available to Lessor under the laws or judicial decisions of the state wherein the Premises are located. 21.03 In the event of bankruptcy of Lessee, or if Lessee becomes a debtor as defined under the Bankruptcy Code, Lessee assigns to Lessor all its rights, title and equipment at interest in the SpacePremises as security for its obligations under this Lease. Upon Lessor's The expiration or termination of this Lease, Lessor may recover and/or the termination of Lessee's right to possession, will not relieve Lessee from Lessee the sum of: all Rent, Additional Rent and all other amounts accrued hereunder to the date any liability accruing during Lessee's Lease Term or by reason of such termination; the cost of reletting the whole or any part Lessee's occupancy of the Space, including without limitation brokerage fees and/or leasing commissions incurred Premises. Any efforts by Lessor, and costs of removing and storing Lessor to mitigate the damages caused by Lessee's or any other occupant's property, repairing, altering, remodeling, or otherwise putting the Space into condition acceptable to a new tenant or tenants, and all reasonable expenses incurred by Lessor in pursuing its remedies, including reasonable attorneys' fees and court costs. If the Space is relet and a sufficient sum shall not be realized from such reletting [after first deducting therefrom, for retention by Lessor, the unpaid Rent, Additional Rent and other amounts accrued hereunder at the time of reletting, the cost of recovering possession (including reasonable attorneys' fees and costs of suit), all of the costs and expenses of repairs, changes, alterations, and additions, the expense of such reletting (including without limitation brokerage fees and leasing commissions) and the cost of collection of the Rent and Additional Rent accruing therefrom] to satisfy the Rent provided for in this Lease to be paid, then Lessee shall immediately satisfy and pay any such deficiency. Exercise by Lessor of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of the Space and/or a termination Default of this Lease by Lessor, whether by agreement or by operation of law. Any law, usage, or custom to the contrary notwithstanding, Lessor shall have the right at all times to enforce the provisions of this Lease in strict accordance with the terms hereof; and the failure of Lessor at any time to enforce its rights under this Lease strictly in accordance with same shall will not be construed as having created a custom in any way or manner contrary to the specific terms, provisions, and covenants of this Lease or as having modified the same. Lessee and Lessor further agree that forbearance or waiver by Lessor to enforce its rights pursuant to this Lease or at law or in equity, shall not be a waiver of waive Lessor's right to enforce one or more of its rights in connection with any subsequent default. A receipt by Lessor of rent or other payment with knowledge of the breach of any term or covenant of this Lease shall not be deemed a waiver of such breach, an no waiver by Lessor of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by Lessor. To the greatest extent permitted by law, Lessee waives the service of notice of Lessor's intention to re-enter as provided for in any statute, or to institute legal proceedings to that end, and also waives all right of redemption in case Lessee shall be dispossessed by a judgment or by warrant of any court or judge. Any reletting of the Space shall be on such terms and conditions as Lessor in its sole discretion may determine (including without limitation a term different than the remaining Term, rental concessions, alterations and repair of the Space, lease of less than the entire Space to any tenant and leasing any or all other portions of the Building before reletting the Space). Lessor shall not be liable, nor shall Lessee's obligations hereunder be diminished because of, Lessor's failure to relet the Space or collect Rent due in respect of such relettingrecover damages.

REMEDIES OF LESSOR. Upon each occurrence of an any Event of Default and so long as such Event of Default shall be continuingDefault, Lessor may at exercise any time thereafter at its election terminate this Lease one or more of the following described remedies, in addition to all other rights and Lessee's right of possession (but Lessee shall remain liable as hereinafter provided), and/or pursue any other remedies provided at law or in equity. Upon the termination of : A. Terminate this Lease and Lessee's right of possession, it shall be lawful for Lessor Agreement by written notice to re-enter the Space by summary dispossession proceedings or any other action or proceeding authorized by law and to remove Lessee and all persons forthwith repossess the Leased Premises and property therefrom. If Lessor re-enters the Space, Lessor shall have the right be entitled to keep in place and use, or remove and store, all recover forthwith as damages a sum of the furniture, fixtures and equipment at the Space. Upon Lessor's termination of this Lease, Lessor may recover from Lessee the sum of: all Rent, Additional Rent and all other amounts accrued hereunder money equal to the date total of such termination; (i) the cost of reletting the whole or any part of the Space, including without limitation brokerage fees and/or leasing commissions incurred by Lessor, and costs of removing and storing Lessee's or any other occupant's property, repairing, altering, remodeling, or otherwise putting the Space into condition acceptable to a new tenant or tenants, and all reasonable expenses incurred by Lessor in pursuing its remedies, including reasonable attorneys' fees and court costs. If the Space is relet and a sufficient sum shall not be realized from such reletting [after first deducting therefrom, for retention by Lessor, the unpaid Rent, Additional Rent and other amounts accrued hereunder at the time of reletting, the actual cost of recovering possession the Leased Premises (including reasonable attorneys' ’ fees and costs of suit), all of the costs and expenses of repairs, changes, alterations, and additions, the expense of such reletting (including without limitation brokerage fees and leasing commissionsii) and the cost of collection removing and storing any personal property of Lessee, (iii) the unpaid Rent earned at the time of termination, plus interest thereon at the rate described in Section 5, (iv) the present value (discounted at the rate of eight percent (8%) per annum) of the balance of the Rent for the remainder of the Term less the present value (discounted at the same rate) of the fair market rental value of the Leased Premises for said period, taking into account the period of time the Leased Premises will remain vacant until a new tenant is obtained, and Additional Rent accruing therefrom] the reasonable cost to satisfy prepare the Rent provided Leased Premises for in this Lease occupancy and the other reasonable costs (such as leasing commissions, tenant improvement allowances and attorneys’ fees) to be paid, then Lessee shall immediately satisfy and pay any such deficiency. Exercise incurred by Lessor in connection therewith, and (v) any other sum of any one or more remedies hereunder granted or otherwise available shall not be deemed money and damages actually owed by Lessee to be an acceptance of surrender of the Space and/or a termination of this Lease by Lessor, whether by agreement or by operation of law. Any law, usage, or custom to the contrary notwithstanding, Lessor shall have the right at all times to enforce the provisions of this Lease in strict accordance with the terms hereof; and the failure of Lessor at any time to enforce its rights under this Lease strictly in accordance with same shall Agreement. B. Terminate Lessee’s right of possession (but not be construed as having created a custom in any way or manner contrary to the specific terms, provisions, and covenants of this Lease Agreement) and may repossess the Leased Premises by forcible detainer suit or as having modified the same. otherwise, without thereby releasing Lessee from any liability hereunder and without demand or notice of any kind to Lessee and Lessor further agree that forbearance or waiver by Lessor to enforce its rights pursuant to without terminating this Lease or at law or in equity, Agreement. Lessor shall not be a waiver of Lessor's right use reasonable efforts under the circumstances to enforce one or more of its rights in connection with any subsequent default. A receipt by Lessor of rent or other payment with knowledge of relet the breach of any term or covenant of this Lease shall not be deemed a waiver of such breach, an no waiver by Lessor of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by Lessor. To the greatest extent permitted by law, Lessee waives the service of notice of Lessor's intention to re-enter as provided for in any statute, or to institute legal proceedings to that end, and also waives all right of redemption in case Lessee shall be dispossessed by a judgment or by warrant of any court or judge. Any reletting of the Space shall be Leased Premises on such terms and conditions as Lessor in its sole discretion may determine (including without limitation a term different than the remaining Term, rental concessions, alterations and repair of the SpaceLeased Premises); provided, however, Lessor hereby reserves the right (i) to lease of less than any other comparable space available in the entire Space Building or in any adjacent building owned by Lessor prior to offering the Leased Premises for lease, and (ii) to refuse to lease the Leased Premises to any potential tenant which does not meet Lessor’s standards and criteria for leasing any or all other portions of comparable space in the Building before reletting the Space)Building. Lessor shall not be liable, nor shall Lessee's ’s obligations hereunder be diminished because of, Lessor's ’s failure or refusal to relet the Space Leased Premises or collect Rent rent due in respect of such reletting. For the purpose of such reletting Lessor shall have the right to decorate or to make any repairs, changes, alterations or additions in or to the Leased Premises as may be reasonably necessary or desirable. In the event that (i) Lessor shall fail or refuse to relet the Leased Premises , or (ii) the Leased Premises are relet and a sufficient sum shall not be realized from such reletting (after first deducting therefrom, for retention by Lessor, the unpaid Rent due hereunder earned but unpaid at the time of reletting plus interest thereon at the rate specified in Section 5, reasonable the cost of recovering possession (including attorneys’ fees and costs of suit), all of the actual, reasonable costs and expenses of such decorations, repairs, changes, alterations and additions, the expense of such reletting and the cost of collection of the rent accruing therefrom) to satisfy the Rent, then Lessee shall pay to Lessor as damages a sum equal to the amount of such deficiency. Any such payments due Lessor shall be made upon written demand therefor from time to time and Lessee agrees that Lessor may file suit to recover any sums falling due under the terms of this Section 16 from time to time. No delivery to or recovery by Lessor of any portion due Lessor hereunder shall be any defense in any action to recover any amount not theretofore reduced to judgment in favor of Lessor, nor shall such reletting be construed as an election on the part of Lessor to terminate this Lease Agreement unless a written notice of such intention be given to Lessee by Lessor. Notwithstanding any such termination of Lessee’s right of possession of the Leased Premises, Lessor may at any time thereafter elect to terminate this Lease Agreement. In any proceedings to enforce this Lease Agreement under this Section 16, Lessor shall be presumed to have used its reasonable efforts to relet the Leased Premises, and Lessee shall bear the burden of proof to establish that such reasonable efforts were not used. C. Alter any and all locks and other security devices at the Leased Premises, and if Lessor does so, Lessor shall not be required to provide a new key or other access right to Lessee unless Lessee has cured all Events of Default; provided, however , that in any such instance. during Lessor’s normal business hours and at the convenience of Lessor, and upon the written request of Lessee accompanied by such written waivers and releases as Lessor may require, Lessor will escort Lessee or its authorized personnel to the Leased Premises to retrieve any personal belongings or other property of Lessee not subject to the Lessor’ s lien or security interest described in Section 17. The provisions of this Section 16.C are intended to override and control any conflicting provision s of the Texas Property Code. D. All agreements and provisions to be performed by Lessee under any of the terms of this Lease Agreement shall be at Lessee’s sole cost and expense and without any abatement of Rent. If Lessee shall fail to pay any sum of money, other than Base Rent, required to be paid by it hereunder or shall fail to cure any default and such failure shall continue for ten (10) days after notice thereof by Lessor, then Lessor may, but shall not be obligated so to do, and without waiving or releasing Lessee from any obligations, make any such payment or perform any such act on Lessee’s part. All sums so paid by Lessor and all costs incurred by Lessor in taking such action shall be deemed Additional Rent hereunder and shall be paid to Lessor on demand, and Lessor shall have (in addition to all other rights and remedies of Lessor) the same rights and remedies in the event of the non-payment thereof by Lessee as in the case of default by Lessee in the payment of Rent.

REMEDIES OF LESSOR. Upon each occurrence If any Lessee Default occurs, Lessor shall have the right after the expiration of an Event the applicable cure period and after compliance with all applicable laws, and at the sole discretion of Default Lessor, to terminate this Lease and so long as such retain the Security Deposit upon providing five (5) days written notice and opportunity to cure. An Event of Default shall be continuing, deemed to have occurred at the expiration of such five (5) day period if the default has not been cured by the expiration of such five (5) day period. Lessor may at terminate the Lease irrespective of any suit or action brought by Lessee and the time thereafter at its election terminate this Lease and Lessee's right of possession (but Lessee shall remain liable as hereinafter provided), and/or pursue any other remedies at law or in equity. Upon the period required for termination of this Lease shall not be tolled by the filing of a suit or action to the extent permitted by applicable law. Additionally, if any Event of Default occurs, Lessor may, at its option, from time to time, without terminating this Lease, re-enter and Lessee's right re-let the Premises, or any part thereof, as the agent and for the account of possessionLessee upon such terms and conditions as Lessor may deem advisable or satisfactory, it in which event the rents received on such re-letting shall be lawful for applied first to the expenses of such re-letting and collection including but not limited to, reasonably necessary renovation and alterations of the Premises, reasonable attorney’s fees, any real estate commissions paid, and thereafter toward payment of all sums due or to become due to Lessor hereunder, and if a sufficient sum shall not be thus realized or secured to pay such sums and other charges, at Lessor’s option, Lessee shall pay Lessor any deficiency immediately upon demand therefore, notwithstanding that Lessor may have received periodic rental in excess of the periodic rental stipulated in this Lease in previous or subsequent rental periods, and Lessor may bring an action therefore as such deficiency shall arise. Nothing herein, however, shall be construed to require Lessor to re-enter and re-let the Space Premises in any event. Lessor shall not, in any event, be required to pay Lessee any surplus of any sums received by summary dispossession proceedings or any other action or proceeding authorized by law and to remove Lessee and all persons and property therefromLessor on a re-letting of said Premises in excess of the rent provided in this Lease. If Lessor re-enters the Spaceany Event of Default occurs, Lessor shall have the right to keep in place obtain injunctive and usedeclaratory relief, temporary and/or permanent, against Lessee for any acts, conduct or remove omissions of Lessee, and storeto further obtain specific performance of any term, all of the furniture, fixtures and equipment at the Space. Upon Lessor's termination covenant or condition of this Lease, Lessor may recover from Lessee the sum of: all Rent, Additional Rent and all other amounts accrued hereunder including but not limited to the date appointment of such termination; a receiver to operate Lessee’s business at the cost of reletting the whole or any part of the Space, including without limitation brokerage fees and/or leasing commissions incurred by Lessor, and costs of removing and storing Lessee's or any other occupant's property, repairing, altering, remodeling, or otherwise putting the Space into condition acceptable to a new tenant or tenants, and all reasonable expenses incurred by Lessor in pursuing its remedies, including reasonable attorneys' fees and court costsPremises. If the Space is relet and a sufficient sum shall not be realized from such reletting [after first deducting therefrom, for retention by Lessor, the unpaid Rent, Additional Rent and other amounts accrued hereunder at the time any Event of reletting, the cost of recovering possession (including reasonable attorneys' fees and costs of suit), all of the costs and expenses of repairs, changes, alterations, and additions, the expense of such reletting (including without limitation brokerage fees and leasing commissions) and the cost of collection of the Rent and Additional Rent accruing therefrom] to satisfy the Rent provided for in this Lease to be paid, then Lessee shall immediately satisfy and pay any such deficiency. Exercise by Lessor of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of the Space and/or a termination of this Lease by Lessor, whether by agreement or by operation of law. Any law, usage, or custom to the contrary notwithstandingDefault occurs, Lessor shall have the right, at its option, to declare all Rent (or any portion thereof) for the entire remaining Lease Term, and other indebtedness owing by Lessee to Lessor, if any, immediately due and payable without regard to whether possession of the Premises shall have been surrendered to or taken by Lessor, and may commence action immediately thereupon and recover judgment therefore. If any Event of Default occurs, Lessor, in addition to other rights and remedies it may have, shall have the right at to remove all times to enforce or any part of Lessee’s personal property from the provisions of this Lease in strict accordance with the terms hereof; Premises and the failure of Lessor at any time to enforce its rights under this Lease strictly in accordance with same shall not personal property removed may be construed as having created a custom stored in any way public warehouse or manner contrary to elsewhere at the specific terms, provisionscost of, and covenants for the account of this Lease or as having modified the same. Lessee and Lessor further agree that forbearance or waiver by Lessor to enforce its rights pursuant to this Lease or at law or in equity, shall not be a waiver of Lessor's right to enforce one or more of its rights in connection with any subsequent default. A receipt by Lessor of rent or other payment with knowledge of the breach of any term or covenant of this Lease shall not be deemed a waiver of such breach, an no waiver by Lessor of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by Lessor. To the greatest extent permitted by law, Lessee waives the service of notice of Lessor's intention to re-enter as provided for in any statute, or to institute legal proceedings to that endLessee, and also waives all right of redemption in case Lessee shall be dispossessed by a judgment or by warrant of any court or judge. Any reletting of the Space shall be on such terms and conditions as Lessor in its sole discretion may determine (including without limitation a term different than the remaining Term, rental concessions, alterations and repair of the Space, lease of less than the entire Space to any tenant and leasing any or all other portions of the Building before reletting the Space). Lessor shall not be liableresponsible for the care or safekeeping thereof whether in transport, storage or otherwise, and Lessee hereby waives any and all claim against Lessor for loss, destruction and/or damage or injury which may be occasioned by any of the aforesaid acts. No such re-entry or taking possession of the Premises by Lessor shall be construed as an election on Lessor’s part to terminate this Lease unless a written notice of such intention is given to Lessee. Notwithstanding any such re-letting without termination, Lessor may at all times thereafter elect to terminate this Lease for such previous default. Any such re-entry shall be allowed by Lessee without hindrance, and Lessor shall not be liable in damages for any such re- entry, or guilty of trespass or forcible entry. It is expressly agreed that the forbearance on the part of Lessor in the institution of any suit or entry of judgment for any part of the Rent herein reserved to Lessor, shall not serve as a defense against nor prejudice a subsequent action for such Rent. Lessee hereby expressly waives Lessee’s right to claim a merger or waiver of such subsequent action in any previous suit or in the judgment entered therein. Furthermore, it is expressly agreed that claims for liquidated Base Rent and/or Percentage Rent may be regarded by Lessor, if it so elects, as separate and independent claims capable of being separately assigned. Any and all rights, remedies and options given in this Lease to Lessor shall Lessee's obligations hereunder be diminished because cumulative and in addition to and without waiver of, Lessor's failure or in derogation of, any right or remedy given to relet the Space it under any laws now or collect Rent due hereafter in respect of such relettingeffect.

REMEDIES OF LESSOR. In the event of any breach of this lease by Lessee, and failure to cure as provided for herein, then Lessor, after ten (10) days written notice to Lessee besides other rights or remedies Lessor may have, Lessor shall have the immediate right of re-entry and may remove all persons and property from the demised premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee. Should Lessor elect to re-enter, as herein provided, or should he take possession pursuant to legal proceedings or pursuant to any notice provided for by law, she may either terminate this lease, or may from time to time, without terminating this lease, re-let said premises, or any part thereof, for such term or terms (which may be for a term extending beyond the term of this lease) and at such fair market rental or rentals and upon such other reasonable terms and conditions as Lessor may deem advisable with the right to make alterations and repairs to said premises. Upon each occurrence such re-letting (a) Lessee shall be immediately liable to Lessor, in addition to indebtedness other than rent due hereunder, for the cost and expenses of an Event such re-letting and of Default such alterations and so long repairs incurred by Lessor, and the amount if any, by which the rent reserved in this lease for the period of such re-letting (up to but not beyond the remaining term of any then current renewal term of this lease) exceeds the amount agreed to be paid as rent for the demised premises for such period on such re-letting, as such Event becomes due; or (b) at the option of Default Lessor, rents received by Lessor from such re-letting shall be continuingapplied as follows; first, to the payment of any indebtedness other than rent due hereunder from Lessee to Lessor; second, to the payment of any costs and expenses of such re-letting and of such alterations and repairs; third, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied in payment of future rent as the same may become due and payable hereunder. If Lessee has been credited with any rent to be received by such re-letting under option (a) and such rent shall not be promptly paid to Lessor by the new tenant, or if such rentals received from such re-letting under option (b) during any month be less than that to be paid during that month by Lessee hereunder, Lessee shall pay such deficiency to Lessor. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of said premised by Lessor shall be construed as an election on Lessor's part to terminate this lease unless a written notice of such intention be given to Lessee or unless the termination thereof decreed by a court of competent jurisdiction. Notwithstanding any such re-letting without termination, Lessor may at any time thereafter at its election elect to terminate this Lease and Lessee's right of possession (but Lessee shall remain liable as hereinafter provided)lease for such uncured previous breach. Should Lessor at any time terminate this lease for any uncured breach, and/or pursue in addition to any other remedies at law or in equity. Upon the termination of this Lease and Lessee's right of possessionremedy they may have, it shall be lawful for Lessor to re-enter the Space by summary dispossession proceedings or any other action or proceeding authorized by law and to remove Lessee and all persons and property therefrom. If Lessor re-enters the Space, Lessor shall have the right to keep in place and use, or remove and store, all of the furniture, fixtures and equipment at the Space. Upon Lessor's termination of this Lease, Lessor they may recover from Lessee the sum of: all Rent, Additional Rent and all other amounts accrued hereunder to the date damages they may incur by reason of such termination; breach, including the cost of reletting the whole or any part damages they may incur by reason of the Spacesuch breach, including without limitation brokerage fees and/or leasing commissions incurred by Lessor, and costs of removing and storing Lessee's or any other occupant's property, repairing, altering, remodeling, or otherwise putting the Space into condition acceptable to a new tenant or tenants, and all reasonable expenses incurred by Lessor in pursuing its remedies, including reasonable attorneys' fees and court costs. If the Space is relet and a sufficient sum shall not be realized from such reletting [after first deducting therefrom, for retention by Lessor, the unpaid Rent, Additional Rent and other amounts accrued hereunder at the time of reletting, the cost of recovering possession (the demised premises, and including reasonable attorneys' fees the excess, if any, of the amount of rent and costs charges equivalent to rent reserved in this lease for the remainder of suit)the then current premises for the remainder of such term, all of the costs and expenses of repairs, changes, alterations, and additions, the expense of such reletting (including without limitation brokerage fees and leasing commissions) and the cost of collection of the Rent and Additional Rent accruing therefrom] to satisfy the Rent provided for in this Lease to be paid, then Lessee shall immediately satisfy and pay any such deficiency. Exercise by Lessor of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of the Space and/or a termination of this Lease by Lessor, whether by agreement or by operation of law. Any law, usage, or custom to the contrary notwithstanding, Lessor shall have the right at all times to enforce the provisions of this Lease in strict accordance with the terms hereof; and the failure of Lessor at any time to enforce its rights under this Lease strictly in accordance with same shall not be construed as having created a custom in any way or manner contrary to the specific terms, provisions, and covenants of this Lease or as having modified the same. Lessee and Lessor further agree that forbearance or waiver by Lessor to enforce its rights pursuant to this Lease or at law or in equity, shall not be a waiver of Lessor's right to enforce one or more of its rights in connection with any subsequent default. A receipt by Lessor of rent or other payment with knowledge of the breach of any term or covenant of this Lease shall not be deemed a waiver of such breach, an no waiver by Lessor of any provision of this Lease which amounts shall be deemed due and payable from Lessee to have been made unless expressed in writing and signed by Lessor. To the greatest extent permitted by law, Lessee waives the service of notice of Lessor's intention to re-enter Lessor as provided for in any statute, or to institute legal proceedings to that end, and also waives all right of redemption in case Lessee shall be dispossessed by a judgment or by warrant of any court or judge. Any reletting of the Space shall be on such terms and conditions as Lessor in its sole discretion may determine (including without limitation a term different than the remaining Term, rental concessions, alterations and repair of the Space, lease of less than the entire Space to any tenant and leasing any or all other portions of the Building before reletting the Space). Lessor shall not be liable, nor shall Lessee's obligations hereunder be diminished because of, Lessor's failure to relet the Space or collect Rent due in respect of such relettingthey accrue.

REMEDIES OF LESSOR. Upon each occurrence any event of an Event of Default and so long as such Event of Default shall be continuingdefault, Lessor may at exercise any time thereafter at its election terminate this Lease one or more of the following described remedies, in addition to all other rights and Lessee's right of possession (but Lessee shall remain liable as hereinafter provided), and/or pursue any other remedies provided at law or in equity. Upon the termination of : A. Terminate this Lease and Lessee's right of possession, it shall be lawful for Lessor Agreement by written notice to re-enter the Space by summary dispossession proceedings or any other action or proceeding authorized by law and to remove Lessee and all persons forthwith repossess the Leased Premises and property therefrom. If Lessor re-enters the Space, Lessor shall have the right be entitled to keep in place and use, or remove and store, all recover forthwith as damages a sum of the furniture, fixtures and equipment at the Space. Upon Lessor's termination of this Lease, Lessor may recover from Lessee the sum of: all Rent, Additional Rent and all other amounts accrued hereunder money equal to the date total of such termination; the cost of reletting the whole or any part of the Space, including without limitation brokerage fees and/or leasing commissions incurred by Lessor, and costs of removing and storing Lessee's or any other occupant's property, repairing, altering, remodeling, or otherwise putting the Space into condition acceptable to a new tenant or tenants, and all reasonable expenses incurred by Lessor in pursuing its remedies, including reasonable attorneys' fees and court costs. If the Space is relet and a sufficient sum shall not be realized from such reletting [after first deducting therefrom, for retention by Lessor, the unpaid Rent, Additional Rent and other amounts accrued hereunder at the time of reletting, (i) the cost of recovering possession the Leased Premises (including reasonable attorneys' ’ fees and costs of suit), all (ii) the cost of removing and storing any personal property, (iii) the unpaid Rent earned at the time of termination, plus interest thereon at the rate described in Section 5, (iv) the present value (discounted at the rate of eight percent (8%) per annum) of the costs and expenses balance of repairsthe Rent for the remainder of the Term less the present value (discounted at the same rate) of the fair market rental value of the Leased Premises for said period, changestaking into account the period of time the Leased Premises will remain vacant until a new tenant is obtained, alterations, and additions, the expense of such reletting (including without limitation brokerage fees and leasing commissions) and the cost of collection of to prepare the Rent Leased Premises for occupancy and Additional Rent accruing therefrom] to satisfy the Rent provided for in this Lease other costs (such as leasing commissions, tenant improvement allowances and attorneys’ fees) to be paid, then Lessee shall immediately satisfy and pay any such deficiency. Exercise incurred by Lessor in connection therewith, and (v) any other sum of any one or more remedies hereunder granted or otherwise available shall not be deemed money and damages owed by Lessee to be an acceptance of surrender of the Space and/or a termination of this Lease by Lessor, whether by agreement or by operation of law. Any law, usage, or custom to the contrary notwithstanding, Lessor shall have the right at all times to enforce the provisions of this Lease in strict accordance with the terms hereof; and the failure of Lessor at any time to enforce its rights under this Lease strictly in accordance with same shall Agreement. B. Terminate Lessee’s right of possession (but not be construed as having created a custom in any way or manner contrary to the specific terms, provisions, and covenants of this Lease Agreement) and may repossess the Leased Premises by forcible detainer suit or as having modified the same. otherwise, without thereby releasing Lessee from any liability hereunder and without demand or notice of any kind to Lessee and Lessor further agree that forbearance or waiver by Lessor to enforce its rights pursuant to without terminating this Lease or at law or in equity, Agreement. Lessor shall not be a waiver of Lessor's right use reasonable efforts under the circumstances to enforce one or more of its rights in connection with any subsequent default. A receipt by Lessor of rent or other payment with knowledge of relet the breach of any term or covenant of this Lease shall not be deemed a waiver of such breach, an no waiver by Lessor of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by Lessor. To the greatest extent permitted by law, Lessee waives the service of notice of Lessor's intention to re-enter as provided for in any statute, or to institute legal proceedings to that end, and also waives all right of redemption in case Lessee shall be dispossessed by a judgment or by warrant of any court or judge. Any reletting of the Space shall be Leased Premises on such terms and conditions as Lessor in its sole discretion may determine (including without limitation a term different than the remaining Term, rental concessions, alterations and repair of the SpaceLeased Premises); provided, however, Lessor hereby reserves the right (i) to lease of less than any other comparable space available in the entire Space Building or in any adjacent building owned by Lessor prior to offering the Leased Premises for lease, and (ii) to refuse to lease the Leased Premises to any potential tenant which does not meet Lessor’s standards and criteria for leasing any or all other portions of comparable space in the Building before reletting the Space)Building. Lessor shall not be liable, nor shall Lessee's ’s obligations hereunder be diminished because of, Lessor's ’s failure or refusal to relet the Space Leased Premises or collect Rent rent due in respect of such reletting. For the purpose of such reletting Lessor shall have the right to decorate or to make any repairs, changes, alterations or additions in or to the Leased Premises as may be reasonably necessary or desirable. In the event that (i) Lessor shall fail or refuse to relet the Leased Premises, or (ii) the Leased Premises are relet and a sufficient sum shall not be realized from such reletting (after first deducting therefrom, for retention by Lessor, the unpaid Rent due hereunder earned but unpaid at the time of reletting plus interest thereon at the rate specified in Section 5, the cost of recovering possession (including attorneys’ fees and costs of suit), all of the costs and expenses of such decorations, repairs, changes, alterations and additions, the expense of such reletting and the cost of collection of the rent accruing therefrom) to satisfy the Rent, then Lessee shall pay to Lessor as damages a sum equal to the amount of such deficiency. Any such payments due Lessor shall be made upon demand therefor from time to time and Lessee agrees that Lessor may file suit to recover any sums falling due under the terms of this Section 16 from time to time. No delivery to or recovery by Lessor of any portion due Lessor hereunder shall be any defense in any action to recover any amount not theretofore reduced to judgment in favor of Lessor, nor shall such reletting be construed as an election on the part of Lessor to terminate this Lease Agreement unless a written notice of such intention be given to Lessee by Lessor. Notwithstanding any such termination of Lessee’s right of possession of the Leased Premises, Lessor may at any time thereafter elect to terminate this Lease Agreement. In any proceedings to enforce this Lease Agreement under this Section 16, Lessor shall be presumed to have used its reasonable efforts to relet the Leased Premises, and Lessee shall bear the burden of proof to establish that such reasonable efforts were not used. C. Alter any and all locks and other security devices at the Leased Premises, and if it does so Lessor shall not be required to provide a new key or other access right to Lessee unless Lessee has cured all events of default; provided, however, that in any such instance, during Lessor’s normal business hours and at the convenience of Lessor, and upon the written request of Lessee accompanied by such written waivers and releases as Lessor may require, Lessor will escort Lessee or its authorized personnel to the Leased Premises to retrieve any personal belongings or other property of Lessee not subject to the Lessor’s lien or security interest described in Section 17. The provisions of this Section 16.C are intended to override and control any conflicting provisions of the Texas Property Code. D. All agreements and provisions to be performed by Lessee under any of the terms of this Lease Agreement shall be at Lessee’s sole cost and expense and without any abatement of Rent. If Lessee shall fail to pay any sum of money, other than Base Rent, required to be paid by it hereunder or shall fail to cure any default and such failure shall continue for thirty (30) days after notice thereof by Lessor, then Lessor may, but shall not be obligated so to do, and without waiving or releasing Lessee from any obligations, make any such payment or perform any such act on Lessee’s part. All sums so paid by Lessor and all costs incurred by Lessor in taking such action shall be deemed Additional Rent hereunder and shall be paid to Lessor on demand, and Lessor shall have (in addition to all other rights and remedies of Lessor) the same rights and remedies in the event of the non-payment thereof by Lessee as in the case of default by Lessee in the payment of Rent. E. All property removed from the Leased Premises by Lessor pursuant to any provisions of this Lease Agreement or of law may be handled, removed or stored by Lessor at the cost and expense of Lessee, and Lessor shall in no event be responsible for the value, preservation or safekeeping thereof. Lessee shall pay Lessor for all expenses incurred by Lessor in such removal and storage charges against such property so long as the same shall be in Lessor’s possession or under Lessor’s control. All property not removed from the Leased Premises or retaken from storage by Lessee within thirty (30) days after the end of the Term, however terminated, or within thirty (30) days after notice to remove same by Lessor shall, at Lessor’s election, be conclusively deemed to have been conveyed by Lessee to Lessor as by bxxx of sale without further payment or credit by Lessor to Lessee. F. In connection with the exercise by Lessor of its rights and remedies in respect of any event of default on the part of Lessee, to the extent (but no further) that Lessor is required by applicable Texas law to mitigate damages, or to use efforts to do so, and such requirement cannot be lawfully and effectively waived (it being the intention of Lessor and Lessee that such requirements be and are hereby WAIVED to the maximum extent permitted by applicable law), Lessee agrees in favor of Lessor that Lessor shall not be deemed to have failed to mitigate damages, or to have used the efforts required by law to do so, because: (1) Lessor leases other space in the Building which is vacant prior to re-letting the Leased Premises; (2) Lessor refuses to relet the Leased Premises to any affiliate of Lessee, or any principal of Lessee, or any affiliate of such principal (for purposes of this Lease, "affiliate" shall mean and refer to any person or entity controlling, under common control with, or controlled by, the party in question); (3) Lessor refuses to relet the Leased Premises to any person or entity whose creditworthiness Lessor in good fxxxx xxxxx unacceptable; (4) Lessor refuses to relet the Leased Premises to any person or entity because the use proposed to be made of the Leased Premises by such prospective tenant is not of a type and nature consistent with that of the other tenants in the Building as of the date Lessee defaults under this Lease Agreement, or because such use would, in the good faith opinion of Lessor, impose unreasonable or excessive demands upon the Building; (5) Lessor refuses to relet the Leased Premises to any person or entity, or any affiliate of such person or entity, who has been engaged in litigation with, or who has threatened litigation against, Lessor or any of its affiliates, or whom Lessor in good fxxxx xxxxx to be unreasonably or excessively litigious; (6) Lessor refuses to relet the Leased Premises because the tenant or the terms and provisions of the proposed lease are not approved by the holders of any liens or security interests in the Building or any part thereof, or would cause Lessor to breach or be in default of, or to be unable to perform any of its covenants under, any agreements between Lessor and any third party; (7) Lessor refuses to relet the Leased Premises because the proposed tenant is unwilling to execute and deliver Lessor’s standard lease form without substantial tenant-oriented modifications or such tenant requires improvements to the Leased Premises to be paid at Lessor’s cost and expense; or (8) Lessor refuses to relet the Leased Premises to a person or entity whose character or reputation, or the nature of whose business, Lessor in good fxxxx xxxxx unacceptable; and it is further agreed that each and all of the grounds for refusal set forth in clauses (1) through (8) above, both inclusive, of this sentence are reasonable grounds for Lessor's refusal to relet the Leased Premises, or (as to all other provisions of this Lease Agreement) for Lessor's refusal to issue any approval, or take any other action, of any nature whatsoever under this Lease Agreement. In the event the waiver set forth in this Section 16.E shall be ineffective, Lessee further agrees in favor of Lessor, to the maximum extent to which it may lawfully and effectively do so, that the following efforts to mitigate damages if made by Lessor (and without obligating Lessor to render such efforts) shall be conclusively deemed reasonable, and that Lessor shall be conclusively deemed to have used the efforts to mitigate damages required by applicable law if: Lessor places the Leased Premises on its inventory of available space in the Building; Lessor makes such inventory available to brokers who request same; and Lessor shows the Leased Premises to prospective tenants (or their brokers) who request to see it.

REMEDIES OF LESSOR. Upon each occurrence of an Event of Default and so long as such Event of Default shall be continuing, Lessor may at any time thereafter at its election terminate this Lease and Lessee's right of possession (but Lessee shall remain liable as hereinafter provided), and/or pursue any other remedies at law or in equity. Upon the termination of this Lease and Lessee's right of possession, it shall be lawful for Lessor to re-enter the Space by summary dispossession proceedings or any other action or proceeding authorized by law and to remove Lessee and all persons and property therefrom. If Lessor re-enters the Space, Lessor shall have the right to keep in place and use, or remove and store, all of the furniture, fixtures and equipment at the Space. Upon Lessor's termination of this Lease, Lessor may recover from Lessee the sum of: all Rent, Additional Rent and all other amounts accrued hereunder to the date of such termination; the cost of reletting the whole or any part of the Space, including without limitation brokerage fees and/or leasing commissions incurred by Lessor, and costs of removing and storing Lessee's or any other occupant's property, repairing, altering, remodeling, or otherwise putting the Space into condition acceptable to a new tenant or tenants, and all reasonable expenses incurred by Lessor in pursuing its remedies, including reasonable attorneys' fees and court costs. If the Space is relet and a sufficient sum shall not be realized from such reletting [after first deducting therefrom, for retention by Lessor, the unpaid Rent, Additional Rent and other amounts accrued hereunder at the time of reletting, the cost of recovering possession (including reasonable attorneys' fees and costs of suit), all of the costs and expenses of repairs, changes, alterations, and additions, the expense of such reletting (including without limitation brokerage fees and leasing commissions) and the cost of collection of the Rent and Additional Rent accruing therefrom] to satisfy the Rent provided for in this Lease to be paid, then Lessee shall immediately satisfy and pay any such deficiency. Exercise by Lessor of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of the Space and/or a termination of this Lease by Lessor, whether by agreement or by operation of law. Any law, usage, or custom to the contrary notwithstanding, Lessor shall have the right at all times to enforce the provisions of this Lease in strict accordance with the terms hereof; and the failure of Lessor at any time to enforce its rights under this Lease strictly in accordance with same shall not be construed as having created a custom in any way or manner contrary to the specific terms, provisions, and covenants of this Lease or as having modified the same. Lessee and Lessor further agree that forbearance or waiver by Lessor to enforce its rights pursuant to this Lease or at law or in equity, shall not be a waiver of Lessor's right to enforce one or more of its rights in connection with any subsequent default. A receipt by Lessor of rent Rent or other payment with knowledge of the breach of any term or covenant of this Lease shall not be deemed a waiver of such breach, an and no waiver by Lessor of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by Lessor. To the greatest extent permitted by law, Lessee waives the service of notice of Lessor's intention to re-enter as provided for in any statute, or to institute legal proceedings to that end, and also waives all right of redemption in case Lessee shall be dispossessed by a judgment or by warrant of any court or judge. Any reletting of the Space shall be on such terms and conditions as Lessor in its sole discretion may determine (including without limitation a term different than the remaining Term, rental concessions, alterations and repair of the Space, lease of less than the entire Space to any tenant and leasing any or all other portions of the Building before reletting the Space). Lessor shall not be liable, nor shall Lessee's obligations hereunder be diminished because of, Lessor's failure to relet the Space or collect Rent due in respect of such reletting.