Common use of Remedies Upon Tenant's Default Clause in Contracts

Remedies Upon Tenant's Default. After the occurrence of an Event of Default by Tenant, Landlord shall have the right to exercise the following remedies to the extent permitted by applicable law: (a) Landlord may, at its option, continue this Lease in full force and effect, without terminating Tenant's right to possession of the Premises, in which event Landlord shall have the right to collect Rent when due and otherwise enforce the terms of this Lease. In the alternative, Landlord shall have the right to peaceably re-enter the Premises on the terms set forth in subparagraph (b) below, but without such re-entry being deemed a termination of the Lease or an acceptance by Landlord of a surrender thereof. Landlord shall also have the right, at its option, from time to time, without terminating this Lease, to relet the Premises, or any part thereof, with or without legal process, as the agent, and for the account, of Tenant upon such terms and conditions as Landlord may deem advisable (which terms may be materially different from the terms of this Lease), in which event the rents received on such reletting shall be applied (i) first to the reasonable and actual expenses of such reletting and collection, including without limitation necessary renovation and alterations of the Premises, reasonable and actual attorneys' fees and any reasonable and actual real estate commissions paid, and (ii) thereafter toward payment of all sums due or to become due to Landlord hereunder. If a sufficient amount to pay such expenses and sums shall not be realized or secured, then Tenant shall pay Landlord any such deficiency monthly, and Landlord may bring an action therefor as such monthly deficiency shall arise. Landlord shall not, in any event, be required to pay Tenant any sums received by Landlord on a reletting of the Premises in excess of the Rent provided in this Lease, but such excess shall, reduce any accrued present or future obligations of Tenant hereunder. (b) Landlord may terminate this Lease by written notice (except for an Event of a Default under Section 7.01(d) in which case no written notice to Tenant shall be required to terminate this Lease) to Tenant specifying a date therefor, which shall be no sooner than thirty (30) days following notice to Tenant, and this Lease shall then terminate on the date so specified as if such date had been originally fixed as the expiration date of the Term. In the event of such termination, Tenant shall pay the following to Landlord on such date: (i) any obligation which has accrued prior to the date of termination; and (ii) the amount of the unpaid Rent and all other charges which would have accrued for the balance of the Term after discounting to its present value at a discount rate equal to three (3%) percent per annum. (c) Except as may be required by applicable Legal Requirements, Landlord shall not have any duty to mitigate its damages hereunder (including, but not limited to, any duty to relet or re-lease the Premises). The amount of rent received by Landlord in any reletting of the Premises, or any portion thereof, shall be considered in ascertaining the "fair and reasonable rental value" of the Premises, or such portion thereof, as the case may be. Following the date of termination, interest shall accrue on the sums payable by Tenant at the Default Rate hereinafter defined. (d) Landlord may recover from Tenant, and Tenant shall pay to Landlord upon demand, as Additional Rent such reasonable and actual expenses as Landlord may incur in recovering possession of the Premises, placing the same in good order and condition and repairing the same for reletting, and all other reasonable and actual expenses, commissions and charges incurred by Landlord in exercising any remedy provided herein or as a result of any Event of Default by Tenant hereunder (including without limitation reasonable attorneys' fees), provided that in no event shall Tenant be obligated to compensate Landlord for any speculative or consequential damages caused by Tenant's failure to perform its obligations under this Lease. The various rights and remedies reserved to Landlord herein are cumulative to the rights and remedies described in Section 7.02(a)-(d) and shall survive expiration or termination of this Lease and Landlord may pursue any and all such rights and remedies and any other remedies available to Landlord under applicable law or equity, whether at the same time or otherwise (to the extent not inconsistent with specific provisions of this Lease). Notwithstanding anything herein to the contrary, Landlord expressly waives its right to forcibly dispossess Tenant from the Premises, whether peaceably or otherwise, without judicial process, such that Landlord shall not be entitled to any "commercial lockout" or any other provisions of applicable law which permit landlords to dispossess tenants from commercial properties without the benefit of judicial review. Section 7.03

Remedies Upon Tenant's Default. After In the occurrence event of an Event of Default any material default or breach by Tenant, Landlord shall have the right to may at any time thereafter, in its sole discretion, exercise the following rights or remedies to the extent permitted which it may have by applicable lawreason of such default: (ai) Landlord may, at its option, can continue this Lease in full force and effecteffect (even though Tenant has abandoned the Premises) unless Landlord elects to terminate Tenant's rights to possession by a written notice. Landlord can enforce all its rights and remedies including the right to recover Rent as it becomes due. In no event shall Landlord's acts of maintenance or preservation of the Premises, or Landlord's exercise of its rights under any other agreement between Landlord and Tenant, or the appointment of a receiver upon the initiative of Landlord (which shall be at Tenant's expense) to protect its interest under this Lease, be deemed to constitute a termination of Tenant's right to possession. Landlord may take whatever actions provided herein, or as permitted by law, without terminating this Lease, and this Lease shall continue in full force and effect until and unless Landlord gives to Tenant written notice of its election to terminate this Lease. After Tenant's default and for as long as Landlord does not terminate Tenant's right to possession of the Premises, in which Tenant may, with Landlord's prior written consent, assign this Lease or sublet the Premises but Tenant shall not be released from liability. Landlord's consent to a proposed assignment or subletting shall not be unreasonably withheld, subject to the provisions of Paragraph 13 above. (ii) Landlord can elect to terminate this Lease at any time after the occurrence of any event of default by written notice, and if Landlord shall have the so elects may declare this Lease and Tenant's right to collect Rent when due possession terminated, reenter the Premises, remove Tenant's property therefrom without court order and otherwise enforce at Tenant's expense, eject all persons from the terms of this Leaseproperty and recover damages from Tenant as provided. In the alternativeIf re-entry is made after abandonment by Tenant, Landlord shall have the right may consider any property belonging to peaceably re-enter Tenant and left on the Premises on the terms set forth in subparagraph (b) below, but to have been abandoned. Landlord may utilize or dispose of such property without liability. Any such re-entry being deemed a termination of the Lease or an acceptance shall be permitted by Landlord of a surrender thereof. Tenant without hindrance; and Landlord shall also have the right, at its option, from time to time, without terminating this Lease, to relet the Premises, not thereby be liable in damages for such re-entry or any part thereof, with be guilty of trespass or without legal process, as the agent, and for the account, of Tenant upon such terms and conditions as Landlord may deem advisable (which terms may be materially different from the terms of this Lease), in which event the rents received on such reletting shall be applied (i) first to the reasonable and actual expenses of such reletting and collection, including without limitation necessary renovation and alterations of the Premises, reasonable and actual attorneys' fees and any reasonable and actual real estate commissions paid, and (ii) thereafter toward payment of all sums due or to become due to Landlord hereunder. If a sufficient amount to pay such expenses and sums shall not be realized or secured, then Tenant shall pay Landlord any such deficiency monthly, and Landlord may bring an action therefor as such monthly deficiency shall arise. Landlord shall not, in any event, be required to pay Tenant any sums received by Landlord on a reletting of the Premises in excess of the Rent provided in this Lease, but such excess shall, reduce any accrued present or future obligations of Tenant hereunder. (b) Landlord may terminate this Lease by written notice (except for an Event of a Default under Section 7.01(d) in which case no written notice to Tenant shall be required to terminate this Lease) to Tenant specifying a date therefor, which shall be no sooner than thirty (30) days following notice to Tenant, and this Lease shall then terminate on the date so specified as if such date had been originally fixed as the expiration date of the Termforcible entry. In the event Landlord elects to terminate this Lease and Tenant's right to possession in accordance with the above, or the same is terminated by operation of such terminationlaw, Landlord may recover as damages from Tenant shall pay the following to Landlord on such datefollowing: (ia) any obligation which has accrued prior to The worth at the date time of termination; and (ii) the amount award of the unpaid Rent and all other charges sums due hereunder which had been earned at the time of termination of this Lease; and (b) The worth at the time of the award of the amount by which the unpaid Rent and other sums due hereunder which would have accrued been earned after the date of termination of this Lease until the time of award exceeds the amount of such loss of Rent and other sums due that Tenant proves could have been reasonably avoided; and (c) The worth at the time of the award of the amount by which the unpaid Rent and other sums due hereunder for the balance of the Term Lease term after discounting to its present value at a discount rate equal to three (3%) percent per annum. (c) Except as may be required by applicable Legal Requirements, Landlord shall not have any duty to mitigate its damages hereunder (including, but not limited to, any duty to relet or re-lease the Premises). The time of award exceeds the amount of rent received by Landlord in any reletting the loss of the Premises, or any portion thereof, shall such Rent and other sums that Tenant proves could be considered in ascertaining the "fair reasonably avoided; and reasonable rental value" of the Premises, or such portion thereof, as the case may be. Following the date of termination, interest shall accrue on the sums payable by Tenant at the Default Rate hereinafter defined. (d) Landlord may recover from Tenant, and Tenant shall pay to Landlord upon demand, as Additional Rent such reasonable and actual expenses as Landlord may incur in recovering possession That portion of the Premisesleasing commission, placing the same in good order and condition and repairing the same for relettingif any, and all other reasonable and actual expenses, commissions and charges incurred paid by Landlord in exercising any remedy provided herein or as a result and applicable to the unexpired term of any Event of Default by Tenant hereunder this Lease; and (e) Any other amount, including without limitation reasonable attorneys' fees)fees and court costs, provided that in no event shall Tenant be obligated necessary to compensate Landlord for any speculative or consequential damages all detriment proximately caused by Tenant's failure to perform its obligations under this Lease, or which in the ordinary course of things would be likely to result therefrom. The various rights "worth at the time of award" of the amounts referred to in Paragraphs 14b(ii)(a) and remedies reserved (b) above shall be computed by allowing interest at the annual rate of five percent (5%) plus the rate of interest charged by the San Francisco Federal Reserve Bank to Landlord herein are cumulative member banks on the 25th day of the month prior to the due date of the sums due hereunder. The "worth at the time of award" of the amount referred to in Paragraph 14b(ii)(c) above shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). (iii) During the period Tenant is in default Landlord may elect at Tenant's expense to petition the Superior Court of the State of California for, and be entitled as a matter of right to, the appointment of a receiver who shall be vested with such powers and authority as may be necessary to fully protect all the rights of Landlord. Such receiver may take possession of any assets belonging to Tenant and remedies described used in Section 7.02(a)-(dthe conduct of the business then being carried on by Tenant upon the Premises without compensation to Tenant. (iv) and Efforts by Landlord to mitigate the damages caused by Tenant's breach of this Lease shall survive expiration or not constitute a waiver of Landlord's right to recover damages under the foregoing provisions. (v) Nothing herein affects the right of Landlord to indemnification for liability arising prior to the termination of this Lease and Landlord for personal injuries or property damages as may pursue any and all such rights and remedies and any other remedies available to Landlord under applicable law or equity, whether at the same time or otherwise (to the extent not inconsistent with specific provisions of be provided elsewhere in this Lease). Notwithstanding anything herein to the contrary, Landlord expressly waives its right to forcibly dispossess Tenant from the Premises, whether peaceably or otherwise, without judicial process, such that Landlord shall not be entitled to any "commercial lockout" or any other provisions of applicable law which permit landlords to dispossess tenants from commercial properties without the benefit of judicial review. Section 7.03.

Remedies Upon Tenant's Default. After If any default on the occurrence part of an Event Tenant in the performance of Default any conditions and covenants contained in this Lease occurs, or if during the Lease Term or the Renewal Term, as applicable, the Premises or any part thereof are abandoned or deserted, vacated or vacant, or should Tenant be evicted by Tenantsummary proceedings or otherwise, Landlord shall have the right Landlord, in addition to exercise the following any other remedies to the extent contained herein or as may be permitted by applicable law: (a) Landlord , may, at its option, continue this Lease in full either by force and effector otherwise, without terminating Tenant's right to possession of the Premisesbeing liable for prosecution therefor, in which event Landlord shall have the right to collect Rent when due and otherwise enforce the terms of this Lease. In the alternativeor for damages, Landlord shall have the right to peaceably re-enter the Premises on and the terms set forth same have and again possess and enjoy; and as agent for Tenant or otherwise, re-let the Premises and receive the rents therefor and apply the same, first to the payment of such expenses, reasonable attorney fees and costs, as Landlord may have been expended in subparagraph (b) below, but without re-entering and repossessing the same and in making such repairs and alterations as may be necessary; and second to the payment of the rents due hereunder. Tenant shall remain liable for any rents as may be in arrears and for any rents which may accrue subsequent to Landlord's re-entry being deemed a termination of the Lease or an acceptance by Landlord of a surrender thereof. Landlord shall also have the right, at its option, from time to time, without terminating this Lease, to relet the Premises, or any part thereof, with or without legal process, as the agent, and for the account, of Tenant upon such terms and conditions as Landlord may deem advisable (which terms may be materially different from the terms of this Lease), in which event the rents received on such reletting shall be applied (i) first to the reasonable and actual expenses of such reletting and collection, including without limitation necessary renovation and alterations of the Premises, reasonable to the extent of the difference between the rents reserved hereunder and actual attorneys' the rents, if any, received by Landlord during the remainder of the unexpired Lease Term or the Renewal Term, as applicable, after deducting the aforementioned expenses, fees and costs; the same to be paid as such deficiencies arise and are ascertained each month. Landlord shall use its best reasonable efforts to mitigate its damages. With respect to any reasonable and actual real estate commissions paidmonetary payment requirements of Tenant pursuant to this Lease, and (ii) thereafter toward if such payment of all sums due or to become due to Landlord hereunder. If a sufficient amount to pay such expenses and sums shall not be realized or securedremains outstanding, then Tenant shall pay Landlord be deemed to be in default five (5) days after any such deficiency monthly, and Landlord may bring an action therefor as such monthly deficiency shall arise. payment is due; no notice of monetary default from Landlord shall notbe required. With respect to non-monetary performance requirements, in any eventLandlord agrees to provide Tenant with notice of such non-performance and an opportunity to cure such non-performance; however, be required to pay if Tenant any sums received by Landlord on a reletting of the Premises in excess of the Rent provided in this Lease, but has not cured such excess shall, reduce any accrued present or future obligations of Tenant hereunder. (b) Landlord may terminate this Lease by written notice (except for an Event of a Default under Section 7.01(d) in which case no written notice to Tenant shall be required to terminate this Lease) to Tenant specifying a date therefor, which shall be no sooner than non-performance within thirty (30) days following notice to Tenant, and this Lease shall then terminate on the date so specified as if such date had been originally fixed as the expiration date of the Term. In the event receipt of such terminationnotice, then Tenant shall pay the following be deemed to Landlord on such date: (i) any obligation which has accrued prior to the date of termination; and (ii) the amount of the unpaid Rent and all other charges which would have accrued for the balance of the Term after discounting to its present value at a discount rate equal to three (3%) percent per annum. (c) Except as may be required by applicable Legal Requirements, Landlord shall not have any duty to mitigate its damages hereunder (including, but not limited to, any duty to relet or re-lease the Premises). The amount of rent received by Landlord in any reletting of the Premises, or any portion thereof, shall be considered in ascertaining the "fair and reasonable rental value" of the Premises, or such portion thereof, as the case may be. Following the date of termination, interest shall accrue on the sums payable by Tenant at the Default Rate hereinafter defined. (d) Landlord may recover from Tenant, and Tenant shall pay to Landlord upon demand, as Additional Rent such reasonable and actual expenses as Landlord may incur in recovering possession of the Premises, placing the same in good order and condition and repairing the same for reletting, and all other reasonable and actual expenses, commissions and charges incurred by Landlord in exercising any remedy provided herein or as a result of any Event of Default by Tenant hereunder (including without limitation reasonable attorneys' fees), provided that in no event shall Tenant be obligated to compensate Landlord for any speculative or consequential damages caused by Tenant's failure to perform its obligations default under this Lease. The various rights If such non-performance is of a nature that the same cannot in good faith and remedies reserved with due diligence be cured within said thirty (30) day period, and if Tenant has commenced to Landlord herein are cumulative cure and diligently proceeded to cure, such non-performance to completion, then Tenant shall have a reasonable period beyond said thirty (30) days to complete the rights and remedies described in Section 7.02(a)-(d) required cure, and shall survive expiration or termination of this Lease and provide Landlord may pursue any and all such rights and remedies and any other remedies available with timely status updates regarding its efforts to Landlord under applicable law or equity, whether at cure the same time or otherwise (to the extent not inconsistent with specific provisions of this Lease). Notwithstanding anything herein to the contrary, Landlord expressly waives its right to forcibly dispossess Tenant from the Premises, whether peaceably or otherwise, without judicial process, such that Landlord shall not be entitled to any "commercial lockout" or any other provisions of applicable law which permit landlords to dispossess tenants from commercial properties without the benefit of judicial review. Section 7.03noticed default.

Remedies Upon Tenant's Default. After a. If there should occur any default on the occurrence part of an Event the Tenant in the performance of Default any conditions and covenants herein contained, or if during the term hereof the Leased Premises or any part thereof shall be or become abandoned or deserted, or should the Tenant be evicted by Tenantsummary proceedings or otherwise, Landlord shall have the right to exercise the following remedies to the extent permitted by applicable law: (a) Landlord may, at its option, continue this Lease in full force and effect, without terminating Tenant's right addition to possession of the Premises, in which event Landlord shall have the right to collect Rent when due and otherwise enforce the terms of this Lease. In the alternative, Landlord shall have the right to peaceably re-enter the Premises on the terms set forth in subparagraph (b) below, but without such re-entry being deemed a termination of the Lease any other remedies herein contained or an acceptance by Landlord of a surrender thereof. Landlord shall also have the right, at its option, from time to time, without terminating this Lease, to relet the Premises, or any part thereof, with or without legal process, as the agent, and for the account, of Tenant upon such terms and conditions as Landlord may deem advisable (which terms may be materially different from the terms of this Lease), in which event the rents received on such reletting shall be applied (i) first to the reasonable and actual expenses of such reletting and collection, including without limitation necessary renovation and alterations of the Premises, reasonable and actual attorneys' fees and any reasonable and actual real estate commissions paid, and (ii) thereafter toward payment of all sums due or to become due to Landlord hereunder. If a sufficient amount to pay such expenses and sums shall not be realized or secured, then Tenant shall pay Landlord any such deficiency monthly, and Landlord may bring an action therefor as such monthly deficiency shall arise. Landlord shall not, in any event, be required to pay Tenant any sums received by Landlord on a reletting of the Premises in excess of the Rent provided in this Lease, but such excess shall, reduce any accrued present or future obligations of Tenant hereunder. (b) Landlord may terminate this Lease by written notice (except for an Event of a Default under Section 7.01(d) in which case no written notice to Tenant shall be required to terminate this Lease) to Tenant specifying a date therefor, which shall be no sooner than thirty (30) days following notice to Tenant, and this Lease shall then terminate on the date so specified as if such date had been originally fixed as the expiration date of the Term. In the event of such termination, Tenant shall pay the following to Landlord on such date: (i) any obligation which has accrued prior to the date of termination; and (ii) the amount of the unpaid Rent and all other charges which would have accrued for the balance of the Term after discounting to its present value at a discount rate equal to three (3%) percent per annum. (c) Except as may be required permitted by applicable Legal Requirementslaw, Landlord shall not have any duty to mitigate its damages hereunder (including, but not limited to, any duty to relet or re-lease the Premises). The amount of rent received either by Landlord in any reletting of the Premises, or any portion thereof, shall be considered in ascertaining the "fair and reasonable rental value" of the Premises, or such portion thereof, as the case may be. Following the date of termination, interest shall accrue on the sums payable by Tenant at the Default Rate hereinafter defined. (d) Landlord may recover from Tenant, and Tenant shall pay to Landlord upon demand, as Additional Rent such reasonable and actual expenses as Landlord may incur in recovering possession of the Premises, placing the same in good order and condition and repairing the same for reletting, and all other reasonable and actual expenses, commissions and charges incurred by Landlord in exercising any remedy provided herein or as a result of any Event of Default by Tenant hereunder (including without limitation reasonable attorneys' fees), provided that in no event shall Tenant be obligated to compensate Landlord for any speculative or consequential damages caused by Tenant's failure to perform its obligations under this Lease. The various rights and remedies reserved to Landlord herein are cumulative to the rights and remedies described in Section 7.02(a)-(d) and shall survive expiration or termination of this Lease and Landlord may pursue any and all such rights and remedies and any other remedies available to Landlord under applicable law or equity, whether at the same time or otherwise (to the extent not inconsistent with specific provisions of this Lease). Notwithstanding anything herein to the contrary, Landlord expressly waives its right to forcibly dispossess Tenant from the Premises, whether peaceably force or otherwise, without judicial processbeing liable for prosecution therefor, or for damages, re-enter and repossess the said Leased Premises and Landlord may, as agent for the Tenant or otherwise, re-let the Leased Premises and receive the rents therefor and apply the same, first to the payment of such expenses, reasonable attorney's fees and costs, as the Landlord may have incurred in re- entering and repossessing the same and in making such repairs and alterations as may have been necessary, and second to the payment of the rents due hereunder. The Tenant shall remain liable for such rents as may be in arrears and also the rents that may accrue subsequent to the re-entry by the Landlord (including re-entry accomplished by Judgment for Possession), to the extent of the difference between the rents reserved hereunder and the rents, if any, received by the Landlord during the remainder of the unexpired term hereof, after deducting the aforementioned expenses, fees and costs; the same to be paid as such deficiencies arise and are ascertained each month. Notwithstanding the foregoing, Landlord may accelerate and call due at the time of any default by Tenant or the eviction of Tenant by summary proceedings, all Base Rent and additional rent reserved hereunder. The exercise of any remedy provided for by this Lease and/or by law shall not be entitled preclude the Landlord's exercise of any other, in order to any "commercial lockout" or any other provisions of applicable law which permit landlords to dispossess tenants from commercial properties without recover all damages occasioned by the benefit of judicial review. Section 7.03Tenant's breach.

Remedies Upon Tenant's Default. After the occurrence of an Event of Default Upon default by Tenant, Landlord shall have may (i) pursue any such remedies as are available at law or equity (ii) allow the right leased Premises to exercise remain, occupied, and collect Rent from Tenant as the following remedies to the extent permitted by applicable law: Rent becomes due, (aiii) Landlord may, at its option, continue terminate this Lease by giving Tenant notice of termination, in full which event this Lease shall expire and terminate on the date specified in such notice of termination, with the same force and effect, without terminating Tenant's right to possession of as though the Premises, in which event Landlord shall have date so specified was the right to collect Rent when due and otherwise enforce date herein originally fixed as the terms of this Lease. In the alternative, Landlord shall have the right to peaceably re-enter the Premises on the terms set forth in subparagraph (b) below, but without such re-entry being deemed a termination date of the Lease Term, and all right of the Tenant under this Lease and in and to the leased Premises shall expire and terminate, and Tenant shall surrender the Premises to Landlord on the date specified in such notice or an acceptance by Landlord of a surrender thereof. Landlord shall also have the right, at its option, from time to time, (iv) without terminating this Lease, to relet Landlord may in Landlord’s own name, but as agent for Tenant, enter into and take possession of the PremisesPremises through summary dispossession proceeding and, at Landlord’s option, remove person and property therefrom, and such property, in any way be removed and stored in a warehouse or any part thereof, with or without legal process, as elsewhere at the agent, cost of and for the accountaccount of Tenant, all without Landlord being deemed guilty of trespass or forcible entry or becoming liable for any loss or damage which may be occasioned thereby, and Landlord may rent the Premises as the agent of Tenant without or without advertisement, and by private negotiations, for any term or upon such terms and conditions as Landlord in Landlord’s sole discretion may deem advisable (which terms proper, and Landlord may clean and paint the Premises and make such alterations and repairs as Landlord may deem necessary or desirable in order to relet the Premises. Landlord shall in no way be materially different responsible or liable for any concessions or any failure to rent the Premises, or for any failure to collect any rent due upon such re-letting. Upon each such reletting, all rentals receiving by Landlord from the terms of this Lease), in which event the rents received on such reletting shall be applied (i) first applied, first, to the reasonable and actual payment of indebtedness (other than any Rent hereunder) from Tenant to Landlord; second, to the payment of any costs or expenses of such reletting and collectionre-letting, including including, without limitation necessary renovation and alterations of the Premiseslimitation, reasonable and actual attorneys' ’ fees and any reasonable all costs of alterations and actual real estate commissions paid, and (ii) thereafter toward repairs; third to the payment of all sums Rent and other charges then due or to become due to Landlord and unpaid hereunder. If a such rentals received from such re-letting shall at any time or from time to time be less than sufficient amount to pay such expenses and to Landlord the entire sums shall not be realized or secured, then Tenant shall pay Landlord any such deficiency monthly, and Landlord may bring an action therefor as such monthly deficiency shall arise. Landlord shall not, in any event, be required to pay Tenant any sums received by Landlord on a reletting of the Premises in excess of the Rent provided in this Lease, but such excess shall, reduce any accrued present or future obligations of due from Tenant hereunder. (b) Landlord may terminate this Lease by written notice (except for an Event of a Default under Section 7.01(d) in which case no written notice to Tenant shall be required to terminate this Lease) to Tenant specifying a date therefor, which shall be no sooner than thirty (30) days following notice to Tenant, and this Lease shall then terminate on the date so specified as if such date had been originally fixed as the expiration date of the Term. In the event of such termination, Tenant shall pay the following any deficiency to Landlord on as liquidated damages. No such date: (i) any obligation which has accrued prior to the date of termination; and (ii) the amount of the unpaid Rent and all other charges which would have accrued for the balance of the Term after discounting to its present value at a discount rate equal to three (3%) percent per annum. (c) Except as may be required by applicable Legal Requirements, Landlord shall not have any duty to mitigate its damages hereunder (including, but not limited to, any duty to relet or re-lease the Premises). The amount of rent received letting shall be construed as an election by Landlord in any reletting to terminate this Lease unless a written notice of such election has been given to Tenant by landlord. If the Premises, or any portion thereof, shall be considered in ascertaining the "fair and reasonable rental value" of the Premises, or such portion thereof, as the case may be. Following the date of termination, interest shall accrue on the sums payable by Tenant at the Default Rate hereinafter defined. (d) Landlord may recover from Tenant, and Tenant shall pay to Landlord upon demand, as Additional Rent such reasonable and actual expenses as Landlord may incur in recovering possession of the Premises, placing the same in good order and condition and repairing the same for reletting, and all other reasonable and actual expenses, commissions and charges incurred by Landlord in exercising any remedy provided herein or Lease is terminated as a result of any Event of Default Tenant’s default, the Tenant agrees to pay Landlord all rent, late fees and sums due under this Lease for the remaining Lease term. If the Lease is terminated by an eviction, the Tenant hereunder (including without limitation reasonable attorneys' fees), provided that in no event shall Tenant be obligated agrees to compensate pay Landlord for any speculative or consequential damages caused by Tenant's failure to perform its obligations all post-eviction rent, late fees, and sums due under this Lease. The various rights and remedies reserved to Landlord herein are cumulative to the rights and remedies described in Section 7.02(a)-(d) and shall survive expiration or termination of this Lease and Landlord may pursue any and all such rights and remedies and any other remedies available to Landlord under applicable law or equity, whether at the same time or otherwise (to the extent not inconsistent with specific provisions of this Lease). Notwithstanding anything herein to the contrary, Landlord expressly waives its right to forcibly dispossess Tenant from the Premises, whether peaceably or otherwise, without judicial process, such that Landlord shall not be entitled to any "commercial lockout" or any other provisions of applicable law which permit landlords to dispossess tenants from commercial properties without the benefit of judicial review. Section 7.03.

Remedies Upon Tenant's Default. After the occurrence of an If there should occur any Event of Default by on the part of the Tenant; the Landlord, Landlord shall have the right in addition to exercise the following any other remedies to the extent herein contained or as may be permitted by applicable law: (a) Landlord may, at its option, continue may either terminate this Lease in full force and effect, without terminating Tenant's right to possession of the Premises, in which event Landlord shall have the right to collect Rent when due and otherwise enforce the terms of this Lease. In the alternative, Landlord shall have the right to peaceably or re-enter the Premises on as agent for the terms set forth Tenant, by appropriate judicial remedy, without being liable for prosecution therefor, or for damages, and all rights of Tenant under this Lease to possess the Premises shall cease. In all cases, the Tenant's obligation to pay all rent shall continue. Landlord, as agent for the Tenant or otherwise, may re-let the Premises and receive the rents therefor and apply the same, first to the payment of such expenses, realtor commissions, reasonable attorney fees and costs, as the Landlord may have incurred in subparagraph (b1) belowre-entering and repossessing the same, but without (2) in making such repairs and alterations as may be necessary and (3) in re-letting the Premises; and second to the payment of the rents due hereunder. The Tenant shall remain liable for such rents as may be in arrears and also the rents as may accrue subsequent to the re-entry being deemed a termination by the Landlord, to the extent of the Lease or an acceptance difference between the rents reserved hereunder and the rents, if any, received by the Landlord during the remainder of a surrender thereofthe unexpired term hereof, after deducting the aforementioned expenses, commissions, fees and costs. The Landlord shall also have the right, at its option, from time to time, without terminating this Lease, to relet option may require the Premises, or any part thereof, with or without legal process, as the agent, and for the account, of Tenant upon such terms and conditions as Landlord may deem advisable (which terms may be materially different from the terms of this Lease), in which event the rents received on such reletting shall be applied (i) first to the reasonable and actual expenses of such reletting and collection, including without limitation necessary renovation and alterations of the Premises, reasonable and actual attorneys' fees and any reasonable and actual real estate commissions paid, and (ii) thereafter toward payment of all sums due or to become due to Landlord hereunder. If a sufficient amount to pay such expenses deficiencies as they arise and sums shall not be realized are ascertained each month, or secured, then may hold Tenant shall pay Landlord any such deficiency monthly, and Landlord may bring an action therefor as such monthly deficiency shall arise. Landlord shall not, in any event, be required advance for a sum equal to pay Tenant any sums received by Landlord on a reletting the Landlord's reasonable protection of the Premises in excess of the Rent provided in this Lease, but entire deficiency resulting from such excess shall, reduce any accrued present or future obligations of reletting. Tenant hereunder. (b) Landlord may terminate this Lease by written notice (except for an Event of a Default under Section 7.01(d) in which case no written notice to Tenant shall be required to terminate this Lease) to Tenant specifying a date therefor, which shall be no sooner than thirty (30) days following notice to Tenant, and this Lease shall then terminate on the date so specified as if such date had been originally fixed as the expiration date of the Term. In the event of such termination, Tenant shall pay the following to Landlord on such date: (i) any obligation which has accrued prior to the date of termination; and (ii) the amount of the unpaid Rent and all other charges which would have accrued for the balance of the Term after discounting to its present value at a discount rate equal to three (3%) percent per annum. (c) Except as may be required by applicable Legal Requirements, Landlord shall not have any duty to mitigate its damages hereunder (including, but not limited to, any duty to relet or re-lease the Premises). The amount of rent received by Landlord in any reletting of the Premises, or any portion thereof, shall be considered in ascertaining the "fair and reasonable rental value" of the Premises, or such portion thereof, as the case may be. Following the date of termination, interest shall accrue on the sums payable by Tenant at the Default Rate hereinafter defined. (d) Landlord may recover from Tenant, and Tenant shall pay to Landlord upon demand, as Additional Rent such reasonable and actual expenses as Landlord may incur in recovering possession of the Premises, placing the same in good order and condition and repairing the same for reletting, and all other reasonable and actual expenses, commissions and charges incurred by Landlord in exercising any remedy provided herein or as a result of any Event of Default by Tenant hereunder (including without limitation reasonable attorneys' fees), provided that in no event shall Tenant be obligated to compensate Landlord for any speculative or consequential damages caused by Tenant's failure to perform its obligations under this Lease. The various rights and remedies reserved to Landlord herein are cumulative to the rights and remedies described in Section 7.02(a)-(d) and shall survive expiration or termination of this Lease and Landlord may pursue any and all such rights and remedies and any other remedies available to Landlord under applicable law or equity, whether at the same time or otherwise (to the extent not inconsistent with specific provisions of this Lease). Notwithstanding anything herein to the contrary, Landlord expressly waives its right to forcibly dispossess Tenant from the Premises, whether peaceably or otherwise, without judicial process, such that Landlord shall not be entitled to any "commercial lockout" surplus accruing as a result of the reletting. Landlord hereby waives any lien, statutory lien or right to distrain that may exist; on all personal property of Tenant in or upon the Premises, including without limitation, furniture, fixtures (including trade fixtures) and merchandise of Tenant. No waiver by Landlord of any such breach, violation or default by Tenant shall constitute or be construed as a waiver of any other provisions such breach, violation or default, nor shall lapse of applicable law which permit landlords time after such breach, violation or default by Tenant before Landlord shall exercise any right with respect thereto operate to dispossess tenants from commercial properties without defeat or adversely affect the benefit rights of judicial reviewLandlord. Section 7.03Landlord shall make its best efforts to mitigate damages, consistent with the tenor of the Shopping Center. If Landlord or Tenant commences litigation to enforce their rights under this Lease, the prevailing party shall be entitled to reasonable attorneys fees as part of its damage award.

Remedies Upon Tenant's Default. After In the occurrence of an Event of Default event (i) Tenant shall at any time fail to pay Rent or other monetary amounts herein required to be paid by Tenant, such failure shall continue for ten (10) days after receipt by Tenant of an initial written notice from Landlord (provided that such cure period and notice shall not apply if in a single Lease Year such failure occurs more than once), or (ii) Tenant shall fail to observe or perform any of the other covenants and agreements required to be performed and observed by Tenant hereunder and any such default shall continue for a period of thirty (30) days after receipt by Tenant of written notice from Landlord and Tenant shall not thereafter cure such default (if such default is by its nature not reasonably susceptible of being cured within such thirty (30) day period, such thirty (30) day period shall be extended as necessary to provide Tenant the opportunity to cure the default, provided Tenant within said period commences and thereafter diligently proceeds to cure such default without interruption until such cure is completed), then Landlord shall have the right be entitled at its election, to exercise concurrently or successively, any one or more of the following remedies to the extent permitted by applicable lawrights: (ai) Landlord mayto bring suit for collection of Rent or other amounts for which Tenant may be in default, at its option, continue this Lease in full force and effect, without terminating or for performance of any other covenant or agreement of Tenant's right ; (ii) to possession of the Premises, in which event Landlord shall have the right to collect Rent when due and otherwise enforce the terms of this Lease. In the alternative, Landlord shall have the right to peaceably re-enter the Premises on the terms set forth in subparagraph (b) below, but without such re-entry being deemed a termination of the Lease or an acceptance by Landlord upon order of a surrender court with competent jurisdiction after due notice and hearing and dispossess Tenant and any occupants thereof. Landlord shall also have , remove their personal property not previously removed by them and hold the right, at its option, Premises free from time to time, without terminating this Lease, lease; and/or (iii) to relet the Premises, Premises or any part thereof, with or without legal process, as parts thereof in the agent, and name of Landlord for the account, of Tenant upon such a term or terms and conditions as Landlord may deem advisable (which terms may be materially different from the terms of this Lease), in which event the rents received on such reletting shall be applied (i) first to the reasonable and actual expenses of such reletting and collection, including without limitation necessary renovation and alterations of the Premises, reasonable and actual attorneys' fees and any reasonable and actual real estate commissions paid, and (ii) thereafter toward payment of all sums due less than or to become due to Landlord hereunder. If a sufficient amount to pay such expenses and sums shall not be realized or secured, then Tenant shall pay Landlord any such deficiency monthly, and Landlord may bring an action therefor as such monthly deficiency shall arise. Landlord shall not, in any event, be required to pay Tenant any sums received by Landlord on a reletting of the Premises in excess of the Rent provided in this Lease, but such excess shall, reduce any accrued present or future obligations of Tenant hereunder. (b) Landlord may terminate this Lease by written notice (except for an Event of a Default under Section 7.01(d) in which case no written notice to Tenant shall be required to terminate this Lease) to Tenant specifying a date therefor, which shall be no sooner than thirty (30) days following notice to Tenant, and this Lease shall then terminate on the date so specified as if such date had been originally fixed as the expiration date of the Term. In the event of such termination, Tenant shall pay the following to Landlord on such date: (i) any obligation which has accrued prior to the date of termination; and (ii) the amount of the unpaid Rent and all other charges which would have accrued for exceed the balance of the Term after discounting to its present value at a discount rate equal to three (3%) percent per annum. (c) Except as may be required by applicable Legal Requirements, Landlord shall not have any duty to mitigate its damages hereunder (including, but not limited to, any duty to relet or re-lease the Premises). The amount of rent received by Landlord in any reletting of the Premises, or any portion thereof, shall be considered in ascertaining the "fair and reasonable rental value" of the Premises, or such portion thereof, as the case may be. Following the date of termination, interest shall accrue on the sums payable by Tenant at the Default Rate hereinafter defined. (d) Landlord may recover from TenantTerm, and Tenant shall pay to Landlord upon demand, as Additional any deficiency between the (x) Rent such plus the reasonable costs of reletting the Premises and actual expenses as Landlord may incur in recovering possession (y) the amount of rent and other charges collected on account of the Premisesnew lease or leases of the Premises for each month of the period which would otherwise have constituted the balance of the Term (not including any Option Term, placing the same commencement of which shall not have occurred prior to such dispossession or removal). Such deficiency shall be paid by Tenant in good order and condition and repairing monthly installments on the same dates specified in the Lease for relettingpayment of Rent, and all other reasonable any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the right of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord shall be obligated to mitigate its damages and actual expenses, commissions and charges incurred by in no event shall Landlord in exercising any remedy provided herein or as a result of any Event of Default by Tenant hereunder (including without limitation reasonable attorneys' fees), provided that in have the right to accelerate Rent payable hereunder. In no event shall Tenant be obligated liable to compensate Landlord for any consequential, indirect, speculative or consequential punitive damages caused in connection with or arising out of any default by Tenant's failure to perform its obligations under this Lease. The various rights and remedies reserved to Landlord herein are cumulative to the rights and remedies described in Section 7.02(a)-(d) and shall survive expiration or termination of this Lease and Landlord may pursue any and all such rights and remedies and any other remedies available to Landlord under applicable law or equity, whether at the same time or otherwise (to the extent not inconsistent with specific provisions of this Lease). Notwithstanding anything herein to the contrary, if Landlord expressly waives asserts a monetary default arising out of Tenant’s exercise of its abatement right to forcibly dispossess Tenant from the Premisesunder Article VI, whether peaceably X or otherwiseXVIII which is disputed by Landlord and it is ultimately determined by court of competent jurisdiction that such abatement was not proper, without judicial process, such that Landlord shall not be entitled to exercise any "commercial lockout" rights or any other provisions remedies if Tenant pays to Landlord the amount the court determined to be due and owing within ten (10) business days after such judicial determination, together with interest accruing from the date said amount is due to the date of applicable law which permit landlords payment at a rate equal to dispossess tenants from commercial properties without the benefit of judicial review. Section 7.03Interest Rate.

Remedies Upon Tenant's Default. After If there should occur any default on the occurrence part of an Event the TENANT in the performance of Default any conditions and covenants herein contained, said default continuing for twenty (20) days after written notice by Tenantthe LANDLORD if monetary in nature or continuing for sixty (60) days after written notice by the LANDLORD if a non-monetary default, Landlord or if during the term hereof, the PREMISES or any portion thereof shall have be or become abandoned or deserted, vacated or vacant (and rent shall not be timely paid during the right vacant or abandoned time period) or should the TENANT be evicted by summary proceedings or otherwise, the LANDLORD, in addition to exercise the following any other remedies to the extent herein provided or as may be permitted by applicable law: (a) Landlord may, at its option, continue this Lease in full may either by force and effector otherwise, without terminating Tenant's right to possession of the Premisesbeing liable for prosecution therefore, in which event Landlord shall have the right to collect Rent when due and otherwise enforce the terms of this Lease. In the alternativeor for damages, Landlord shall have the right to peaceably re-enter the Premises on said PREMISES and the terms set forth same have and again possess and enjoy, The LANDLORD may also, as agent for the TENANT or otherwise, relet the PREMISES and receive the rents therefore and apply the same, first to the payment of such expenses, reasonable attorney's fees and costs, as the LANDLORD may have been put to in subparagraph (b) belowre-entering and repossessing the same and in making such repairs and alterations as may be necessary, but without and second to the payment of the rents due hereunder. The TENANT shall remain liable for such rents as may be in arrears and also the rents as may accrue subsequent to the re-entry being deemed a termination of by the Lease or an acceptance by Landlord of a surrender thereof. Landlord shall also have the rightLANDLORD, at its option, from time to time, without terminating this Lease, to relet the Premises, or any part thereof, with or without legal process, as the agent, and for the account, of Tenant upon such terms and conditions as Landlord may deem advisable (which terms may be materially different from the terms of this Lease), in which event the rents received on such reletting shall be applied (i) first to the reasonable and actual expenses of such reletting and collection, including without limitation necessary renovation and alterations of the Premises, reasonable and actual attorneys' fees and any reasonable and actual real estate commissions paid, and (ii) thereafter toward payment of all sums due or to become due to Landlord hereunder. If a sufficient amount to pay such expenses and sums shall not be realized or secured, then Tenant shall pay Landlord any such deficiency monthly, and Landlord may bring an action therefor as such monthly deficiency shall arise. Landlord shall not, in any event, be required to pay Tenant any sums received by Landlord on a reletting of the Premises in excess of the Rent provided in this Lease, but such excess shall, reduce any accrued present or future obligations of Tenant hereunder. (b) Landlord may terminate this Lease by written notice (except for an Event of a Default under Section 7.01(d) in which case no written notice to Tenant shall be required to terminate this Lease) to Tenant specifying a date therefor, which shall be no sooner than thirty (30) days following notice to Tenant, and this Lease shall then terminate on the date so specified as if such date had been originally fixed as the expiration date of the Term. In the event of such termination, Tenant shall pay the following to Landlord on such date: (i) any obligation which has accrued prior to the date of termination; and (ii) the amount of the unpaid Rent and all other charges which would have accrued for the balance of the Term after discounting to its present value at a discount rate equal to three (3%) percent per annum. (c) Except as may be required by applicable Legal Requirements, Landlord shall not have any duty to mitigate its damages hereunder (including, but not limited to, any duty to relet or re-lease the Premises). The amount of rent received by Landlord in any reletting of the Premises, or any portion thereof, shall be considered in ascertaining the "fair and reasonable rental value" of the Premises, or such portion thereof, as the case may be. Following the date of termination, interest shall accrue on the sums payable by Tenant at the Default Rate hereinafter defined. (d) Landlord may recover from Tenant, and Tenant shall pay to Landlord upon demand, as Additional Rent such reasonable and actual expenses as Landlord may incur in recovering possession of the Premises, placing the same in good order and condition and repairing the same for reletting, and all other reasonable and actual expenses, commissions and charges incurred by Landlord in exercising any remedy provided herein or as a result of any Event of Default by Tenant hereunder (including without limitation reasonable attorneys' fees), provided that in no event shall Tenant be obligated to compensate Landlord for any speculative or consequential damages caused by Tenant's failure to perform its obligations under this Lease. The various rights and remedies reserved to Landlord herein are cumulative to the rights and remedies described in Section 7.02(a)-(d) and shall survive expiration or termination of this Lease and Landlord may pursue any and all such rights and remedies and any other remedies available to Landlord under applicable law or equity, whether at the same time or otherwise (to the extent not inconsistent with specific provisions of this Lease)the difference between the rents reserved hereunder and the rents, if any, received by the LANDLORD during the remainder of the unexpired term hereof, after deducting the aforementioned expenses, fees and costs. Notwithstanding anything The said rent, expenses, fees and costs as aforesaid are to be paid as such deficiencies arise and are ascertained each month. All remedies contained herein are subject to the contrary, Landlord expressly waives its right mitigations as required by law. LANDLORD shall attempt to forcibly dispossess Tenant from the Premises, whether peaceably or otherwise, without judicial process, such that Landlord shall not be entitled to any "commercial lockout" or any other provisions of applicable law which permit landlords to dispossess tenants from commercial properties without the benefit of judicial review. Section 7.03relet at fair market value.