Common use of Repossession and Reletting Clause in Contracts

Repossession and Reletting. In the event of a Default by Xxxxxx, Lessor may reenter and take possession of all or any part of the Premises, without additional demand or notice, and repossess the same and expel Lessee and any party claiming by, through or under Xxxxxx, and remove the effects of both, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx will be construed as an election by Xxxxxx to terminate this Lease unless a notice of termination is given to Lessee. No notice from Lessor or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor to terminate this Lease unless such notice specifically so states. Lessor reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee such notice, in which event the Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor will use reasonable efforts to relet the Premises on commercially reasonable terms and conditions. Lessor may make such repairs, alterations or improvements as Xxxxxx considers appropriate to accomplish such reletting, and Xxxxxx will reimburse Lessor upon demand for all reasonable costs and expenses, which Lessor may incur in connection with such reletting. Lessor may collect and receive the rents for such reletting but Lessor will in no way be responsible or liable for any inability to relet the Premises or to collect any rent due upon such reletting. Regardless of Lessor’s recovery of possession of the Premises, so long as this Lease is not terminated Lessee will continue to pay on the dates specified in this Lease, the Base Rent and other Rent which would be payable if such repossession had not occurred, less a credit for any payments actually received by Lessor through any reletting of the Premises.

Repossession and Reletting. In the event of a Default by XxxxxxLessee, Lessor may reenter and take possession of all or any part of the Premises, without additional demand or notice, and repossess the same and expel Lessee and any party claiming by, through or under XxxxxxLessee, and remove the effects of both, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx Lessor will be construed as an election by Xxxxxx Lessor to terminate this Lease unless a notice of termination is given to Lessee. No notice from Lessor or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor to terminate this Lease unless such notice specifically so states. Lessor reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee such notice, in which event the Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor will use reasonable efforts to relet the Premises on commercially reasonable terms and conditions. Lessor may make such repairs, alterations or improvements as Xxxxxx Lessor considers appropriate to accomplish such reletting, and Xxxxxx Lessee will reimburse Lessor upon demand for all reasonable costs and expenses, which Lessor may incur in connection with such reletting. Lessor may collect and receive the rents for such reletting but Lessor will in no way be responsible or liable for any inability to relet the Premises or to collect any rent due upon such reletting. Regardless of Lessor’s recovery of possession of the Premises, so long as this Lease is not terminated Lessee will continue to pay on the dates specified in this Lease, the Base Rent and other Rent which would be payable if such repossession had not occurred, less a credit for any payments actually received by Lessor through any reletting of the Premises.

Repossession and Reletting. In the event of a Default by XxxxxxTenant, Lessor Landlord may reenter and take possession of all the Demised Premises or any part of the Premisesthereof, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, under or through or under XxxxxxTenant, and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action on account thereof or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Demised Premises by Xxxxxx will Landlord shall be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord hereunder or notice given under a forcible entry and detainer statute or similar Laws will law shall constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event the Lease will terminate as specified in such said notice. After recovering possession of the Demised Premises, Lessor will use reasonable efforts Landlord may, from time to time, but shall not be obligated to, relet the Premises on commercially reasonable Demised Premises, or any part thereof, for the account of Tenant, for such term or terms and conditionson such conditions and upon such other terms as Landlord, in its uncontrolled discretion, may determine. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx considers Landlord may consider appropriate to accomplish such reletting, and Xxxxxx will Tenant shall reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including attorneys' fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor will Landlord shall in no way be responsible or liable for any inability failure to relet the Premises Demised Premises, or any part thereof, or for any failure to collect any rent due upon such reletting. Regardless of Lessor’s Notwithstanding Landlord's recovery of possession of the Demised Premises, so long as this Lease is not terminated Lessee will Tenant shall continue to pay on the dates specified in this Leaseherein specified, the Base Basic Rent, Additional Rent and other Rent amounts which would be payable hereunder if such repossession had not occurred. Upon the expiration or earlier termination of this Lease, less a credit for Landlord shall refund to Tenant any payments actually received amount, without interest, by Lessor which the amounts paid by Tenant, when added to the net amount, if any, recovered by Landlord through any reletting of the Demised Premises, exceeds the amounts payable by Tenant under this Lease. If, in connection with any reletting, the new lease term extends beyond the existing term, or the premises covered thereby include other premises not part of the Demised Premises, a fair apportionment of the rent received from such reletting and the expenses incurred in connection therewith will be made in determining the net amount recovered from such reletting.

Repossession and Reletting. In the event of a Default by Xxxxxx, Lessor Landlord may reenter and take possession of all or any part of the Premises, without additional demand or noticenotice unless required by applicable Laws, and repossess the same and expel Lessee Tenant and any party claiming by, through or under XxxxxxTenant, and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx Landlord will be construed as an election by Xxxxxx Landlord to terminate this Lease unless a notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such notice, in which event the this Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor Landlord will use reasonable efforts to relet the Premises on commercially reasonable terms and conditions. Lessor may make such repairs, alterations or improvements as Xxxxxx considers appropriate to accomplish such reletting, and Xxxxxx will reimburse Lessor upon demand for all reasonable costs and expenses, which Lessor may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting. Landlord may apply the same first to the payment of such expenses as Landlord may have incurred in recovering possession of the Premises, including attorneys' fees and expenses for putting the same into good order and condition (but specifically excluding the cost of any lease commission or the cost of preparing or altering the same for re-rental), and then to the fulfillment of the covenants of Tenant hereunder. Any such reletting but Lessor herein provided for may be for the remainder of the Term or any renewal term of this Lease, as originally granted, or for a longer or shorter period; Landlord will in no way have the right to change the character and use made of the Premises, and Landlord will not be responsible or liable for required to accept any inability to relet the Premises substitute tenant offered by Tenant or to collect observe any rent due upon such instructions given by Tenant about reletting. Regardless of Lessor’s Landlord's recovery of possession of the Premises, so long as this Lease is not terminated Lessee Tenant will continue to pay (and Landlord may recover, if Tenant fails to do so), on the dates specified in this Lease, the Base Basic Rent and other Rent which would be payable if such repossession had not occurred, less a credit for any payments the net amounts, if any, actually received by Lessor Landlord through any reletting of the PremisesPremises as long as Landlord gives Tenant at least thirty (30) days' notice of the net amount due (which notice Landlord may change from time to time as the facts change). Tenant will have thirty (30) days after receipt of notice from Landlord of any other amount due in which to pay such amount.

Repossession and Reletting. In the event of a Default by Xxxxxx, Lessor Landlord may reenter and take possession of all or any part of the Premises, without additional demand or noticenotice unless required by applicable Law, and repossess the same and expel Lessee Tenant and any party claiming by, through or under XxxxxxTenant, and remove the effects of both, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx Landlord will be construed as an election by Xxxxxx Landlord to terminate this Lease unless a notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such notice, in which event the this Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor Landlord will use commercially reasonable efforts to relet the Premises on commercially reasonable terms and conditions. Lessor Landlord may make such repairs, repairs or alterations or improvements as Xxxxxx Landlord considers reasonably appropriate to accomplish such reletting, and Xxxxxx Tenant will reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including reasonable attorneys’ fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor Landlord will in no way be responsible or liable for any inability to relet the Premises or to collect any rent due upon such reletting. Landlord may apply the same first to the payment of such expenses as Landlord may have incurred in recovering possession of the Premises, including reasonable attorneys’ fees and expenses for putting the same into good order and condition or preparing or altering the same for re-rental to the extent Landlord deems reasonably necessary and all other expenses, commissions and charges paid, assumed or incurred by Landlord in or about reletting the Premises and then to the fulfillment of the covenants of Tenant hereunder. Any such reletting herein provided for may be for the remainder of the Term of this Lease, as originally granted, or for a longer or shorter period; Landlord will have the right to change the character and use made of the Premises, and Landlord will not be required to accept any substitute tenant offered by Tenant or to observe any instructions given by Tenant about reletting, so long as Landlord is acting reasonably in connection therewith. Regardless of LessorLandlord’s recovery of possession of the Premises, so long as this Lease is not terminated Lessee Tenant will continue to pay (and Landlord may recover, if Tenant fails to do so), on the dates specified in this Lease, the Base Rent and other Rent which would be payable if such repossession had not occurred, less a credit for any payments the net amounts, if any, actually received by Lessor Landlord through any reletting of the Premises.

Repossession and Reletting. In the event of a Default by XxxxxxTenant, Lessor Landlord may reenter and take possession of all the Demised Premises or any part of the Premisesthereof, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, under or through or under XxxxxxTenant, and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action on account thereof or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Demised Premises by Xxxxxx will Landlord shall be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord hereunder or notice given under a forcible entry and detainer statute or similar Laws will law shall constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event the this Lease will shall terminate as specified in such said notice. After recovering possession of the Demised Premises, Lessor will use reasonable efforts Landlord may, from time to time, but shall not be obligated to, relet the Premises on commercially reasonable Demised Premises, or any part thereof, for the account of Tenant, for such term or terms and conditionson such conditions and upon such other terms as Landlord, in its sole and subjective discretion, may determine. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx considers Landlord may consider appropriate to accomplish such reletting, and Xxxxxx will Tenant shall reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including attorneys’ fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor will Landlord shall in no way be responsible for or liable for any inability failure to relet the Premises Demised Premises, or any part thereof, or for any failure to collect any rent due upon such reletting. Regardless of LessorNotwithstanding Landlord’s recovery of possession of the Demised Premises, so long as this Lease is not terminated Lessee will Tenant shall continue to pay on the dates specified in this Leaseherein specified, the Base Basic Rent, Additional Rent and other Rent amounts which would be payable hereunder if such repossession had not occurred. Upon the expiration or earlier termination of this Lease, less a credit for Landlord shall refund to Tenant any payments actually received amount, without interest, by Lessor which the amounts paid by Tenant, when added to the net amount, if any, recovered by Landlord through any reletting of the Demised Premises, exceeds the amounts payable by Tenant under this Lease. If, in connection with any reletting, the new lease term extends beyond the existing Lease Term, or the premises covered thereby include other premises not part of the Demised Premises, a fair apportionment of the rent received from such reletting and the expenses incurred in connection therewith shall be made in determining the net amount recovered from such reletting.

Repossession and Reletting. In the event of a Default by Xxxxxx, Lessor Landlord may reenter and take possession of all or any part of the Premises, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, through or under XxxxxxTenant, and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx Landlord will be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord or notice given under a forcible entry and detainer statute or similar Laws laws will constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event the Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor Landlord may, from time to time, but will use reasonable efforts to not be obligated to, relet all or any part of the Premises on commercially reasonable for Tenant’s account, for such term or terms and conditionson such conditions and other terms as Landlord, in its discretion, determines. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx Landlord considers appropriate to accomplish such reletting, and Xxxxxx will reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including attorneys’ fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor Landlord will in no way be responsible or liable for any inability failure to relet the Premises or for any inability to collect any rent due upon such reletting. Regardless of LessorLandlord’s recovery of possession of the Premises, so long as this Lease is not terminated Lessee Tenant will continue to pay on the dates specified in this Lease, the Base Rent Annual Rent, Occupancy Costs, and other Rent Other Charges which would be payable if such repossession had not occurred, less a credit for any payments the net amounts, if any, actually received by Lessor Landlord through any reletting of the Premises. Alternatively, at Landlord’s option, Landlord will be entitled to recover from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum equal to (i) all unpaid Annual Rent, Occupancy Costs and Other Charges for any period prior to the repossession date (including interest from the due date to the date of the award at the rate described in Section 19.01), plus any other sum of money and damages owed by Tenant to Landlord for events or actions occurring prior to the repossession date; plus (ii) the present value at the time of repossession (calculated at the Prime Rate of the Xxxxx Fargo Denver, N. A. or its successor on the repossession date) of the amount, if any, by which (A) the aggregate of the Annual Rent, Occupancy Costs and all Other Charges payable by Tenant under this Lease that would have accrued for the balance of the Term after repossession (with respect to Occupancy Costs, such aggregate will be calculated by assuming that Occupancy Costs for the Fiscal Year in which repossession occurs and for each subsequent Fiscal Year remaining in the Term if Landlord had not repossessed the Premises will increase by 8% per year over the amount of Occupancy Costs for the prior Fiscal Year), exceeds (B) the amount of such Annual Rent, Occupancy Costs and Other Charges which Landlord will receive for the remainder of the Term from any reletting of the Premises occurring prior to the date of the award, the amount, if any, of such Annual Rent, Occupancy Costs and Other Charges which could reasonably be recovered by reletting the Premises for the remainder of the Term at the then-current fair rental value, in either case taking into consideration loss of Rent while finding a new tenant, tenant improvements and rent abatements necessary to secure a new tenant, leasing brokers’ commissions and other costs which Landlord has incurred or might incur in leasing the Premises to a new tenant; plus (iii) interest on the amount described in (ii) above from the repossession date to the date of the award at the rate described in Section 19.01.

Repossession and Reletting. In the event of a Default by XxxxxxTenant, Lessor Landlord may reenter and take possession of all the Demised Premises or any part of the Premisesthereof, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, under or through or under XxxxxxTenant, and remove the effects of both, without breach of the peace, without being liable for prosecution for such action on account thereof or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Demised Premises by Xxxxxx will Landlord shall be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord hereunder or notice given under a forcible entry and detainer statute or similar Laws will law shall constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event even the Lease will terminate as specified in such said notice. After recovering possession of the Demised Premises, Lessor will use reasonable efforts Landlord may, from time to time, but shall not be obligated to, relet the Premises on commercially reasonable Demised Premises, or any part thereof, for the account of Tenant, for such term or terms and conditionson such conditions and upon such other terms as Landlord, in its uncontrolled discretion, may determine. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx considers Landlord may consider appropriate to accomplish such reletting, and Xxxxxx will Tenant shall reimburse Lessor Landlord upon demand for all reasonable costs and expenses, which Lessor including brokers’ commissions and attorneys’ fees, that Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor will Landlord shall in no way be responsible or liable for any inability failure to relet the Premises Demised Premises, or any part thereof, or for any failure to collect any rent due upon such reletting. Regardless of LessorNotwithstanding Landlord’s recovery of possession of the Demised Premises, so long as this Lease is not terminated Lessee will Tenant shall continue to pay on the dates specified in this Leaseherein specified, the Base Basic Rent, Additional Rent and other Rent which amounts that would be payable hereunder if such repossession had not occurred. Upon the expiration or earlier termination of this Lease, less a credit for Landlord shall refund to Tenant any payments actually received amount, without interest, by Lessor which the amounts paid by Xxxxxx, when added to the net amount, if any, recovered by Landlord through any reletting of the Demised Premises, exceeds the amounts payable by Tenant under this Lease. If, in connection with any reletting, the new lease term extends beyond the existing term, or the premises covered thereby include other premises not part of the Demised Premises, a fair apportionment of the rent received from such reletting and the expenses incurred in connection therewith will be made in determining the net amount recovered from such reletting.

Repossession and Reletting. In the event of a Default by Xxxxxx, Lessor Landlord may reenter and take possession of all or any part of the Premises, without additional demand or noticenotice unless required by applicable Laws, and repossess the same and expel Lessee Tenant and any party claiming by, through or under XxxxxxTenant, and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx Landlord will be construed as an election by Xxxxxx Landlord to terminate this Lease unless a notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such notice, in which event the Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor Landlord will use reasonable efforts to relet the Premises on commercially reasonable terms and conditions. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx Landlord considers appropriate to accomplish such reletting, and Xxxxxx Tenant will reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including attorneys' fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor Landlord will in no way be responsible or liable for any inability to relet the Premises or to collect any rent due upon such reletting. Landlord may apply the same first to the payment of such expenses as Landlord may have incurred in recovering possession of the Premises, including attorneys' fees and expenses for putting the same into good order and condition or preparing or altering the same for re-rental to the extent Landlord deems necessary or desirable and all other expenses, commissions and charges paid, assumed or incurred by Landlord in or about reletting the Premises and then to the fulfillment of the covenants of Tenant hereunder. Any such reletting herein provided for may be for the remainder of the Term or any renewal term of this Lease, as originally granted, or for a longer or shorter period; Landlord will have the right to change the character and use made of the Premises, and Landlord will not be required to accept any substitute tenant offered by Tenant or to observe any instructions given by Tenant about reletting. Regardless of Lessor’s Landlord's recovery of possession of the Premises, so long as this Lease is not terminated Lessee Tenant will continue to pay (and Landlord may recover, if Tenant fails to do so), on the dates specified in this Lease, the Base Basic Rent and other Rent which would be payable if such repossession had not occurred, less a credit for any payments the net amounts, if any, actually received by Lessor Landlord through any reletting of the Premises.

Repossession and Reletting. In the event Landlord may, with due process of a Default by Xxxxxxlaw, Lessor may reenter re-enter and take possession of all or any part of the Premises, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, through or under XxxxxxTenant, and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx Landlord will be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event the Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor Landlord may, from time to time, but will use reasonable efforts to not be obligated to, relet all or any part of the Premises on commercially reasonable for Tenant's account, for such term or terms and conditionson such conditions and other terms as Landlord, in its discretion, determines. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx Landlord considers appropriate to accomplish such reletting, and Xxxxxx Tenant will reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including attorneys' fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor Landlord will in no way be responsible or liable for any inability failure to relet the Premises or for any inability to collect any rent due upon such reletting. Regardless of Lessor’s Landlord's recovery of possession of the Premises, so long as this Lease is not terminated Lessee Tenant will continue to pay on the dates specified in this Lease, the Base Rent, Additional Rent and other Rent amount which would be payable if such repossession had not occurred, less a credit for any payments the net amounts, if any, actually received by Lessor Landlord through any reletting of the Premises. Alternatively, at Landlord's option, Landlord will be entitled to recover from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum equal to (i) all unpaid Rent, Additional Rent and other amount for any period prior to the repossession date (including interest from the due date to the date of the award at the rate described in Section 4.5), plus (ii) the present value at the time of repossession (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of New York on the repossession date) of the amount, if any, by which (A) the aggregate of the Rent, Additional Rent and all other amount payable by Tenant under this Lease that would have accrued for the balance of the Term after repossession (with respect to Additional Rent, such aggregate will be calculated by assuming that Expenses and Taxes for the Fiscal Year in which repossession occurs and for each subsequent Fiscal Year remaining in the Term if Landlord had not repossessed the Premises will increase by 8% per year over the amount of Expenses and Taxes for the prior Fiscal Year), exceeds (B) the amount of such Rent, Additional Rent and other amount which Landlord will receive for the remainder of the Term from any reletting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such Rent, Additional Rent and other amount which could reasonably be recovered by reletting the Premises for the remainder of the Term at the then-current fair rental value, in either case taking into consideration loss of rent while finding a new tenant, tenant improvements and rent abatements necessary to secure a new tenant, leasing brokers' commissions and other costs which Landlord has incurred or might incur in leasing the Premises to a new tenant; plus (iii) interest on the amount described in (ii) above from the repossession date to the date of the award at the rate described in Section 4.5.

Repossession and Reletting. In the event of a Default by Xxxxxx, Lessor Company may reenter and take possession of all or any part of the PremisesHomes, without additional demand or notice, and repossess the same and expel Lessee Builder and any party claiming by, through or under XxxxxxBuilder, and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for any other breach of covenants or conditionsDefault. No such reentry or taking possession of the Premises Homes by Xxxxxx Company will be construed as an election by Xxxxxx Company to terminate this Agreement or a Lease as to any Home unless a notice of termination such intention is given to LesseeBuilder. No notice from Lessor Company or notice given under a forcible entry and detainer statute or similar Laws laws will constitute an election by Lessor Company to terminate this Lease as to any Home unless such notice specifically so states. Lessor Company reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease as to any Home by giving Lessee such notice, in which event Builder written notice of the Lease will terminate as specified in such noticetermination. After recovering possession of the PremisesHomes, Lessor will use reasonable efforts to Company may, at its option, relet the Premises Homes on commercially reasonable such terms and conditionsconditions as the Company deems desirable. Lessor Company may make such repairs, alterations or improvements as Xxxxxx Company considers appropriate to accomplish such reletting, and Xxxxxx Builder will reimburse Lessor Company upon demand for all reasonable costs and expenses, including attorneys' fees, which Lessor Company may incur in connection with such reletting. Lessor Company may collect and receive the rents for such reletting but Lessor Company will in no way be responsible or liable for any inability to relet the Premises Homes or to collect any rent due upon such reletting. Regardless of Lessor’s Company's recovery of possession of the PremisesHomes, so long as this Lease is not terminated Lessee terminated, Builder will continue to pay pay, on the dates specified in this Leasespecified, the Base Rent and other Rent sums due which would be payable if such repossession had not occurred, less a credit for any payments the net amounts, if any, actually received by Lessor Company through any reletting of the PremisesHomes.

Repossession and Reletting. In the event Landlord may, with due process of a Default by Xxxxxxlaw, Lessor may reenter re-enter and take possession of all or any part of the Premises, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, through or under XxxxxxTenant, and remove the effects of both, without being liable for prosecution both using such force for such action or being deemed guilty purposes as may be necessary, but in compliance with due process of any manner of trespasslaw, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx Landlord will be construed as an election by Xxxxxx Landlord to terminate this Lease unless a notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event the Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor will use reasonable efforts Landlord may, from time to time, relet all or any part of the Premises on commercially reasonable for Tenant's account, for such term or terms and conditionson such conditions and other terms as Landlord, in its discretion, determines. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx Landlord considers appropriate to accomplish such reletting, and Xxxxxx Tenant will reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including attorneys' fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord agrees to use reasonable efforts to mitigate its damages resulting from Tenant's Default. Landlord may collect and receive the rents for such reletting but Lessor Landlord will in no way be responsible or liable for any inability to relet the Premises or to collect any rent due upon such reletting. Regardless of Lessor’s recovery of possession of the Premises, so long as this Lease is not terminated Lessee will continue to pay on the dates specified in this Lease, the Base Rent and other Rent which would be payable if such repossession had not occurred, less a credit for any payments actually received by Lessor through any reletting of the Premises.responsible

Repossession and Reletting. In the event of a Default by Xxxxxx, Lessor Landlord may reenter and take possession of all or any part of the Premises, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, through or under XxxxxxTenant, and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx Landlord will be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event the Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor Landlord may, from time to time, but will use reasonable efforts to not be obligated to, relet all or any part of the Premises on commercially reasonable for Tenant’s account, for such term or terms and conditionson such conditions and other terms as Landlord, in its discretion, determines. Lessor Landlord hereby acknowledges, however, that Landlord shall mitigate its damages to the extent required by applicable Laws. Landlord may make such repairs, alterations or improvements as Xxxxxx Landlord considers appropriate to accomplish such reletting, and Xxxxxx Tenant will reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including attorneys’ fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor Landlord will in no way be responsible or liable for any inability failure to relet the Premises or for any inability to collect any rent due upon such reletting. Regardless of LessorLandlord’s recovery of possession of the Premises, so long as this Lease is not terminated Lessee Tenant will continue to pay on the dates specified in this Lease, the Base Rent and other Rent which would be payable if such repossession had not occurred, less a credit for any payments the net amounts, if any, actually received by Lessor Landlord through any reletting of the Premises. Alternatively, at Landlord’s option, Landlord will be entitled to recover from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum equal to (1) all unpaid Base Rent and Operating Expenses and other Rent for any period prior to the repossession date (including interest from the due date to the date of the award at the rate described in Section 3.4), plus any other sum of money and damages owed by Tenant to Landlord for events or actions occurring prior to the repossession date; plus (2) the present value at the time of repossession (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of New York on the repossession date) of the amount, if any, by which (A) the aggregate of such Rent payable by Tenant under this Lease that would have accrued for the balance of the Term after repossession (with respect to Operating Expenses, such aggregate will be calculated by assuming that Operating Expenses for the calendar year in which repossession occurs and for each subsequent calendar year remaining in the Term if Landlord had not repossessed the Premises will increase by 3% per year over the amount of Operating Expenses for the prior calendar year), exceeds (B) the amount of such Rent which Landlord will receive for the remainder of the Term from any reletting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such Rent which could reasonably be recovered by reletting the Premises for the remainder of the Term at the then-current fair rental value, in either case taking into consideration loss of rent while finding a new tenant, tenant improvements and rent abatements necessary to secure a new tenant, leasing brokers’ commissions and other costs which Landlord has incurred or might incur in leasing the Premises to a new tenant; plus (3) interest on the amount described in (2) above from the repossession date to the date of the award at the rate described in Section 3.4. In no event will Landlord be required to pay Tenant any excess amounts if Landlord successfully relets the Premises.

Repossession and Reletting. In the event Landlord may, with due process of a Default by Xxxxxxlaw, Lessor may reenter re-enter and take possession of all or any part of the Premises, without additional demand or noticenotice but not until Tenant has exhausted all cure periods as set forth in Section 20.1 above, and repossess the same and expel Lessee Tenant and any party claiming by, through or under XxxxxxTenant, and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx Landlord will be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event the Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor Landlord may, from time to time, but will use reasonable efforts to not be obligated to, relet all or any part of the Premises on commercially reasonable for Tenant's account, for such term or terms and conditionson such conditions and other terms as Landlord, in its discretion, determines. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx Landlord considers appropriate to accomplish such reletting, and Xxxxxx Tenant will reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including attorneys' fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor Landlord will in no way be responsible or liable for any inability failure to relet the Premises or for any inability to collect any rent due upon such reletting. Regardless of Lessor’s Landlord's recovery of possession of the Premises, so long as this Lease is not terminated Lessee Tenant will continue to pay on the dates specified in this Lease, the Base Rent, Additional Rent and other Rent which would be payable if such repossession had not occurred, less a credit for any payments the net amounts, if any, actually received by Lessor Landlord through any reletting of the Premises. Alternatively, at Landlord's option, Landlord will be entitled to recover from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum equal to (i) all unpaid Base Rent, Additional Rent and other Rent for any period prior to the repossession date (including interest from the due date to the date of the award at the rate described in Section 4.5), plus (ii) the present value at the time of repossession (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of New York on the repossession date) of the amount, if any, by which (A) the aggregate of the Base Rent, Additional Rent and all other Rent payable by Tenant under this Lease that would have accrued for the balance of the Term after repossession (with respect to Additional Rent, such aggregate will be calculated by assuming that Expenses and Taxes for the Fiscal Year in which repossession occurs and for each subsequent Fiscal Year remaining in the Term if Landlord had not repossessed the Premises will increase by 8% per year over the amount of Expenses and Taxes for the prior Fiscal Year), exceeds (B) the amount of such Base Rent, Additional Rent and other Rent which Landlord will receive for the remainder of the Term from any reletting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such Base Rent, Additional Rent and other Rent which could reasonably be recovered by reletting the Premises for the remainder of the Term at the then-current fair rental value, in either case taking into consideration loss of rent while finding a new tenant, tenant improvements and rent abatements necessary to secure a new tenant, leasing brokers' commissions and other costs which Landlord has incurred or might incur in leasing the Premises to a new tenant; plus (iii) interest on the amount described in (ii) above from the repossession date to the date of the award at the rate described in Section 4.5.

Repossession and Reletting. In the event of a Default by XxxxxxLessee, Lessor may reenter and take possession of all or any part of the Premises, without additional demand or notice, and repossess the same and expel Lessee and any party claiming by, through or under XxxxxxLessee, and remove the effects of both, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx Lessor will be construed as an election by Xxxxxx Lessor to terminate this Lease unless a notice of termination is given to Lessee. No notice from Lessor or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor to terminate this Lease unless such notice specifically so states. Lessor reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee such notice, in which event the Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor will use reasonable efforts to relet the Premises on commercially reasonable terms and conditions. Lessor may make such repairs, alterations alterations, or improvements as Xxxxxx Lessor considers appropriate to accomplish such reletting, and Xxxxxx Lessee will reimburse Lessor upon demand for all reasonable costs and expenses, which Lessor may incur in connection with such reletting. Lessor may collect and receive the rents for such reletting but Lessor will in no way be responsible or liable for any inability to relet the Premises or to collect any rent due upon such reletting. Regardless of Lessor’s recovery of possession of the Premises, so long as this Lease is not terminated Lessee will continue to pay on the dates specified in this Lease, the Base Rent and other Rent which would be payable if such repossession had not occurred, less a credit for any payments actually received by Lessor through any reletting of the Premises.

Repossession and Reletting. In the event of a Default by Xxxxxx, Lessor Landlord may reenter and take possession of all or any part of the Premises, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, through or under XxxxxxTenant, and remove the effects of bothboth using, such force for such purposes as may be necessary, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx Landlord will be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following following, any reentry or reletting, reletting to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event the Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor Landlord may, from time to time, but will use reasonable efforts to not be obligated to, relet all or any part of the Premises on commercially reasonable for Tenant's account, for such term or terms and conditionson such conditions and other terms as Landlord, in its discretion, determines. Lessor Landlord hereby acknowledges, however, that Landlord shall mitigate its damages to the extent required by applicable Laws. Landlord may make such repairs, alterations or improvements as Xxxxxx Landlord considers appropriate to accomplish such reletting, and Xxxxxx Tenant will reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including attorneys' fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor Landlord will in no way be responsible or liable for any inability failure to relet the Premises or for any inability to collect any an, rent due upon such reletting. Regardless of Lessor’s Landlord's recovery of possession of the Premises, so long as this Lease is not terminated Lessee Tenant will continue to pay on the dates specified in this Lease, the Base Rent and other Rent which would be payable if such repossession had not occurred, less a credit for any payments the net amounts, if any, actually received by Lessor Landlord through any reletting of the Premises. Alternatively, at Landlord's option, Landlord will be entitled to recover from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum equal to (1) all unpaid Base Rent, Taxes and Landlord's Premises Expenses and other Rent for any period prior to the repossession date (including interest from the due date to the date of the award at the rate described in Section 3.5), plus any other sum of money and damages owed by Tenant to Landlord for events or actions occurring prior to the repossession date; plus (2) the present value at the time of repossession (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of New York on the repossession date) of the amount, if any, by which (A) the aggregate of such Rent payable by Tenant under this Lease that would have accrued for the balance of the Term after repossession (with respect to Landlord's Premises Expenses and Taxes, such aggregate will be calculated by assuming that Landlord's Premises Expenses and Taxes for the calendar year in which repossession occurs and for each subsequent calendar year remaining in the Term if Landlord had not repossessed the Premises will increase by 4% per year over the amount of Landlord's Premises Expenses and Taxes for the prior calendar year), exceeds (B) the amount of such Rent which Landlord will receive for the remainder of the Term from any reletting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such Rent which could reasonably be recovered by reletting the Premises for the remainder of the Term at the then-current fair rental value, in either case taking into consideration loss of rent while finding a new tenant, tenant improvements and rent abatements necessary to secure a new tenant, leasing brokers' commissions and other costs which Landlord has incurred or might incur in leasing, the Premises to a new tenant; plus (3) interest on the amount described in (2) above from the repossession date to the date of the award at the rate described in Section 3.5. In no event will Landlord be required to pay Tenant any excess amounts if Landlord successfully relets the Premises.

Repossession and Reletting. In the event of a Default by Xxxxxx, Lessor may reenter and take possession of all or any part of the Premises, without additional demand or notice, and repossess the same and expel Lessee and any party claiming by, through or under Xxxxxx, and remove the effects of both, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx will be construed as an election by Xxxxxx to terminate this Lease unless a notice of termination is given to Lessee. No notice from Lessor or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor to terminate this Lease unless such notice specifically so states. Lessor reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee such notice, in which event the Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor will use reasonable efforts to relet the Premises on commercially reasonable terms and conditions. Lessor may make such repairs, alterations alterations, or improvements as Xxxxxx Lessor considers appropriate to accomplish such reletting, and Xxxxxx will reimburse Lessor upon demand for all reasonable costs and expenses, which Lessor may incur in connection with such reletting. Lessor may collect and receive the rents for such reletting but Lessor will in no way be responsible or liable for any inability to relet the Premises or to collect any rent due upon such reletting. Regardless of Lessor’s recovery of possession of the Premises, so long as this Lease is not terminated Lessee will continue to pay on the dates specified in this Lease, the Base Rent and other Rent which would be payable if such repossession had not occurred, less a credit for any payments actually received by Lessor through any reletting of the Premises.

Repossession and Reletting. In the event of a Default by Xxxxxx, Lessor Landlord may reenter and take possession of all or any part of the Premises, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, through or under XxxxxxTenant, and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx Landlord will be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event the Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor Landlord may, from time to time, but will use reasonable efforts to not be obligated to, relet all or any part of the Premises on commercially reasonable for Tenant's account, for such term or terms and conditionson such conditions and other terms as Landlord, in its discretion, determines. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx Landlord considers appropriate to accomplish such reletting, and Xxxxxx Tenant will reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including attorneys' fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor Landlord will in no way be responsible or liable for any inability failure to relet the Premises or for any inability to collect any rent due upon such reletting. Regardless of Lessor’s Landlord's recovery of possession of the Premises, so long as this Lease is not terminated Lessee Tenant will continue to pay on the dates specified in this Lease, the Base Rent, Additional Rent and other Rent which would be payable if such repossession had not occurred, less a credit for any payments the net amounts, if any, actually received by Lessor Landlord through any reletting of the Premises. Alternatively, at Landlord's option, Landlord will be entitled to recover from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum equal to (1) all unpaid Base Rent, Additional Rent and other Rent for any period prior to the repossession date (including interest from the due date to the date of the award at the rate described in Section 3.5), plus any other sum of money and damages owed by Tenant to Landlord for events or actions occurring prior to the repossession date; plus (2) the present value at the time of repossession (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of New York on the repossession date) of the amount, if any, by which (A) the aggregate of the Base Rent, Additional Rent and all other Rent payable by Tenant under this Lease that would have accrued for the balance of the Term after repossession (with respect to Additional Rent, such aggregate will be calculated by assuming that Expenses and Taxes for the calendar year in which repossession occurs and for each subsequent calendar year remaining in the Term if Landlord had not repossessed the Premises will increase by 8% per year over the amount of Expenses and Taxes for the prior calendar year), exceeds (B) the amount of such Base Rent, Additional Rent and other Rent which Landlord will receive for the remainder of the Term from any reletting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such Base Rent, Additional Rent and other Rent which could reasonably be recovered by reletting the Premises for the remainder of the Term at the then-current fair rental value, in either case taking into consideration loss of rent while finding a new tenant, tenant improvements and rent abatements necessary to secure a new tenant, leasing brokers' commissions and other costs which Landlord has incurred or might incur in leasing the Premises to a new tenant; plus (3) interest on the amount described in (2) above from the repossession date to the date of the award at the rate described in Section 3.5.

Repossession and Reletting. In the event of a Default by XxxxxxTenant, Lessor Landlord may reenter and take possession of all the Premises or any part of the Premisesthereof, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, under or through or under XxxxxxTenant, and remove the effects of both, without breach of the peace, without being liable for prosecution for such action on account thereof or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx will Landlord shall be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord hereunder or notice given under a forcible entry and detainer statute or similar Laws will law shall constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event the Lease will terminate as specified in such said notice. After recovering possession of the Premises, Lessor will use reasonable efforts Landlord may, from time to time, but shall not be obligated to, relet the Premises on commercially reasonable Premises, or any part thereof, for the account of Tenant, for such term or terms and conditionson such conditions and upon such other terms as Landlord, in its absolute discretion, may determine. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx considers Landlord may consider appropriate to accomplish such reletting, and Xxxxxx will Tenant shall reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including brokers’ commissions and attorneys’ fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor will Landlord shall in no way be responsible or liable for any inability failure to relet the Premises Premises, or any part thereof, or for any failure to collect any rent due upon such reletting. Regardless of LessorNotwithstanding Landlord’s recovery of possession of the Premises, so long as this Lease is not terminated Lessee will Tenant shall continue to pay on the dates specified in this Leaseherein specified, the Base Rent, Additional Rent and other Rent amounts which would be payable hereunder if such repossession had not occurred. Upon the expiration or earlier termination of this Lease, less a credit for Landlord shall refund to Tenant any payments actually received amount, without interest, by Lessor which the amounts paid by Txxxxx, when added to the net amount, if any, recovered by Landlord through any reletting of the Premises, exceeds the amounts payable by Tenant under this Lease. If, in connection with any reletting, the new lease term extends beyond the existing term, or the premises covered thereby include other premises not part of the Premises, a fair apportionment of the rent received from such reletting and the expenses incurred in connection therewith will be made in determining the net amount recovered from such reletting.

Repossession and Reletting. In the event of a Default by Xxxxxx-------------------------- Tenant, Lessor Landlord may reenter and take possession of all the Demised Premises or any part of the Premisesthereof, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, under or through or under Xxxxxx, Tenant and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, on account thereof and without prejudice to any remedies for arrears of Rent rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Demised Premises by Xxxxxx will Landlord shall be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord hereunder or notice given under a forcible entry and detainer statute or similar Laws will law shall constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event the Lease will terminate as specified in such said notice. After recovering possession of the Demised Premises, Lessor will use reasonable efforts Landlord may, from time to time, but shall not be obligated to, relet the Premises on commercially reasonable Demised Premises, or any part thereof, for the account of Tenant, for such term or terms and conditionson such conditions and upon such other terms as Landlord, in its uncontrolled discretion, may determine. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx considers Landlord may consider appropriate to accomplish such reletting, and Xxxxxx will Tenant shall reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including attorneys' fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor will Landlord shall in no way be responsible or liable for any inability to relet the Premises or failure to collect any rent due upon such reletting. Regardless of Lessor’s Notwithstanding Landlord's recovery of possession of the Demised Premises, so long as this Lease is not terminated Lessee will Tenant shall continue to pay on the dates specified in this Leaseherein specified, the Base Basic Rent, Additional Rent and other Rent amounts which would be payable hereunder if such repossession had not occurred. Upon the expiration or earlier termination of this Lease, less a credit for Landlord shall refund to Tenant any payments actually received amount, without interest, by Lessor which the amounts paid by Tenant, when added to the net amount, if any, recovered by Landlord through any reletting of the Demised Premises, exceeds the amounts payable by Tenant under this Lease. If, in connection with any reletting, the new lease term extends beyond the existing term, or the premises covered thereby include other premises not part of the Demised Premises, a fair apportionment of the rent received from such reletting and the expenses incurred in connection therewith will be made in determining the net amount recovered from such reletting.

Repossession and Reletting. In the event of a Default by Xxxxxx, Lessor Landlord may reenter and take possession of all or any part of the Premises, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, through or under XxxxxxTenant, and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx Landlord will be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event the Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor Landlord may, from time to time, but will use reasonable efforts to not be obligated to, relet all or any part of the Premises on commercially reasonable for Tenant's account, for such term or terms and conditionson such conditions and other terms as Landlord, in its discretion, determines. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx Landlord considers appropriate to accomplish such reletting, and Xxxxxx Tenant will reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including attorneys' fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor Landlord will in no way be responsible or liable for any inability failure to relet the Premises or for any inability to collect any rent due upon such reletting. Regardless of Lessor’s Landlord's recovery of possession of the Premises, so long as this Lease is not terminated Lessee Tenant will continue to pay on the dates specified in this Lease, the Base Rent and other Rent which would be payable if such repossession had not occurred, less a credit for any payments the net amounts, if any, actually received by Lessor Landlord through any reletting of the Premises. Alternatively, at Landlord's option, Landlord will be entitled to recover from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum equal to (1) all unpaid Base Rent, Tenant's Share of Taxes and Common Area Expenses and other Rent for any period prior to the repossession date (including interest from the due date to the date of the award at the rate described in Section 3.5), plus any other sum of money and damages owed by Tenant to Landlord for events or actions occurring prior to the repossession date; plus (2) the present value at the time of repossession (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of New York on the repossession date) of the amount, if any, by which (A) the RWO/06010-007 100300 -11- 29347.4 aggregate of such Rent payable by Tenant under this Lease that would have accrued for the balance of the Term after repossession (with respect to Common Area Expenses and Taxes, such aggregate will be calculated by assuming that Common Area Expenses and Taxes for the calendar year in which repossession occurs and for each subsequent calendar year remaining in the Term if Landlord had not repossessed the Premises will increase by 8% per year over the amount of Common Area Expenses and Taxes for the prior calendar year), exceeds (B) the amount of such Rent which Landlord will receive for the remainder of the Term from any reletting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such Rent which could reasonably be recovered by reletting the Premises for the remainder of the Term at the then-current fair rental value, in either case taking into consideration loss of rent while finding a new tenant, tenant improvements and rent abatements necessary to secure a new tenant, leasing brokers' commissions and other costs which Landlord has incurred or might incur in leasing the Premises to a new tenant; plus (3) interest on the amount described in (2) above from the repossession date to the date of the award at the rate described in Section 3.5. In no event will Landlord be required to pay Tenant any excess amounts if Landlord successfully relets the Premises.

Repossession and Reletting. In the event of a Default by Xxxxxx, Lessor Landlord may reenter and take possession of all or any part of the Premises, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, through or under XxxxxxTenant, and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx Landlord will be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event the Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor will Landlord shall use reasonable efforts to relet all or any part of the Premises on commercially reasonable for Tenant's account, for such term or terms and conditionson such conditions and other terms as Landlord, in its discretion, determines. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx Landlord considers appropriate to accomplish such reletting, and Xxxxxx Tenant will reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including attorneys' fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor Landlord will in no way be responsible or liable for any inability failure to relet the Premises or for any inability to collect any rent due upon such reletting. Regardless of Lessor’s Landlord's recovery of possession of the Premises, so long as this Lease is not terminated Lessee Tenant will continue to pay on the dates specified in this Lease, the Base Rent, Additional Rent and other Rent which would be payable if such repossession had not occurred, less a credit for any payments the net amounts, if any, actually received by Lessor Landlord through any reletting of the Premises. Alternatively, at Landlord's option, Landlord will be entitled to recover from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum equal to (i) all unpaid Base Rent, Additional Rent and other Rent for any period prior to the repossession date (including interest from the due date to the date of the award at the rate described in Section 3.5), plus any other sum of money and damages owed by Tenant to Landlord for events or actions occurring prior to the repossession date; plus (ii) the present value at the time of repossession (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of New York on the repossession date) of the amount, if any, by which (A) the aggregate of the Base Rent, Additional Rent and all other Rent payable by Tenant under this Lease that would have accrued for the balance of the Term after repossession (with respect to Additional Rent, such aggregate will be calculated by assuming that Expenses and Taxes for the calendar year in which repossession occurs and for each subsequent calendar year remaining in the Term if Landlord had not repossessed the Premises will increase by 8% per year over the amount of Expenses and Taxes for the prior calendar year), exceeds (B) the amount of such Base Rent, Additional Rent and other Rent which Landlord will receive for the remainder of the Term from any reletting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such Base Rent, Additional Rent and other Rent which could reasonably be recovered by reletting the Premises for the remainder of the Term at the then-current fair rental value, in either case taking into consideration loss of rent while finding a new tenant, tenant improvements and rent abatements necessary to secure a new tenant, leasing brokers' commissions and other costs which Landlord has incurred or might incur in leasing the Premises to a new tenant; plus (iii) interest on the amount described in (ii) above from the repossession date to the date of the award at the rate described in Section 3.5.

Repossession and Reletting. In the event of a Default by XxxxxxTenant, Lessor Landlord may reenter and take possession of all the Demised Premises or any part of the Premisesthereof, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, under or through or under XxxxxxTenant, and remove the effects of both, without breach of the peace, without being liable for prosecution for such action on account thereof or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Demised Premises by Xxxxxx will Landlord shall be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord hereunder or notice given under a forcible entry and detainer statute or similar Laws will law shall constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event even the Lease will terminate as specified in such said notice. After recovering possession of the Demised Premises, Lessor will use reasonable efforts Landlord may, from time to time, but shall not be obligated to, relet the Premises on commercially reasonable Demised Premises, or any part thereof, for the account of Tenant, for such term or terms and conditionson such conditions and upon such other terms as Landlord, in its uncontrolled discretion, may determine. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx considers Landlord may consider appropriate to accomplish such reletting, and Xxxxxx will Tenant shall reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including brokers' commissions and attorneys' fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor will Landlord shall in no way be responsible or liable for any inability failure to relet the Premises Demised Premises, or any part thereof, or for any failure to collect any rent due upon such reletting. Regardless of Lessor’s Notwithstanding Landlord's recovery of possession of the Demised Premises, so long as this Lease is not terminated Lessee will Tenant shall continue to pay on the dates specified in this Leaseherein specified, the Base Basic Rent, Additional Rent and other Rent amounts which would be payable hereunder if such repossession had not occurred. Upon the expiration or earlier termination of this Lease, less a credit for Landlord shall refund to Tenant any payments actually received amount, without interest, by Lessor which the amounts paid by Tenant, when added to the net amount, if any, recovered by Landlord through any reletting of the Demised Premises, exceeds the amounts payable by Tenant under this Lease. If, in connection with any reletting, the new lease term extends beyond the existing term, or the premises covered thereby include other premises not part of the Demised Premises, a fair apportionment of the rent received from such reletting and the expenses incurred in connection therewith will be made in determining the net amount recovered from such reletting.

Repossession and Reletting. In the event of a Default by XxxxxxTenant, Lessor Landlord may reenter and take possession of all the Demised Premises or any part of the Premisesthereof, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, under or through or under XxxxxxTenant, and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action on account thereof or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Demised Premises by Xxxxxx will Landlord shall be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord hereunder or notice given under a forcible entry and detainer statute or similar Laws will law shall constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event the Lease will terminate as specified in such said notice. After recovering possession of the Demised Premises, Lessor will Landlord shall use commercially reasonable efforts to mitigate its damages and in connection therewith may, from time to time, relet the Premises on commercially reasonable Demised Premises, or any part thereof, for the account of Tenant, for such term or terms and conditionson such conditions and upon such other terms as Landlord, in good faith, determines to be commercially reasonable. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx considers Landlord may consider appropriate to accomplish such reletting, and Xxxxxx will Tenant shall reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including attorneys’ fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor will Landlord shall in no way be responsible or liable for any inability failure to relet the Premises Demised Premises, or any part thereof, or for any failure to collect any rent due upon such reletting. Regardless of LessorNotwithstanding Landlord’s recovery of possession of the Demised Premises, so long as this Lease is not terminated Lessee will Tenant shall continue to pay on the dates specified in this Leaseherein specified, the Base Basic Rent, Additional Rent and other Rent amounts which would be payable hereunder if such repossession had not occurred, less a credit for any payments actually received net amounts collected by Lessor through landlord from reletting the Premises after taking into account all costs and expenses incurred by Landlord in connection with such reletting. If, in connection with any reletting reletting, the new lease term extends beyond the existing term, or the premises covered thereby include other premises not part of the Demised Premises, a fair apportionment of the rent received from such reletting and the expenses incurred in connection therewith will be made in determining the net amount recovered from such reletting. Furthermore, the parties acknowledge and agree that Tenant’s investment grade credit standing at the time of the execution of this Lease was a material inducement for Landlord’s entering into this Lease and Landlord may require that any substitute tenant have at least similar credit standing in Landlord’s efforts to mitigate any damages hereunder, or in the alternative, pay increased Base Rent to compensate for the risks associated with a lower credit standing.

Repossession and Reletting. Tenant does not waive any statutory rights, including due process. In the event of a Default any manner permitted by Xxxxxxlaw, Lessor Landlord may reenter and take possession of all the Premises or any part of the Premises, without additional demand or notice, thereof and repossess the same and expel Lessee Tenant and any party claiming by, under or through or under XxxxxxTenant, and remove the effects of both, without being liable for prosecution for such action on account thereof or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking Notwithstanding the foregoing, if Landlord determines, in its reasonable judgement, that Tenant has abandoned the Premises then Landlord may, upon proper notice, apply for a court order and, if successful, reenter and take possession of the Premises by Xxxxxx will be construed as an election by Xxxxxx to terminate this Lease unless a notice or any part thereof and may remove the effects of termination is given to LesseeTenant or any party claiming by, under or through Tenant. No notice from Lessor or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor to terminate this Lease unless such notice specifically so states. Lessor reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee such notice, in which event the Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor will use reasonable efforts Landlord shall endeavor to relet the Premises Premises, or any part thereof to a new tenant so long as the new tenant meets or exceeds the financial and other underwriting criteria applied by Landlord to Tenant, for the account of Tenant, for such term, on commercially such conditions and upon such other terms as Landlord, in its reasonable terms and conditionsdiscretion, may determine. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx considers Landlord may consider appropriate to accomplish such reletting, and Xxxxxx Tenant will reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including reasonable legal fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents Rent for such reletting but Lessor Landlord will in no way be responsible or liable for any inability reasonable failure to relet the Premises Premises, or any part thereof, or for any reasonable failure to collect any rent Rent due upon such reletting. Regardless of LessorNotwithstanding Landlord’s recovery of possession of the Premises, so long as this Lease is not terminated Lessee Tenant will continue to pay on the dates herein specified in this Lease, the Base Rent and other all Rent which would be payable hereunder if such repossession had not occurred, less a credit for any payments actually received the amounts recovered by Lessor Landlord through any reletting of the Premises.

Repossession and Reletting. In the event of a Default by Xxxxxx, Lessor Landlord may reenter and take possession of all or any part of the Premises, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, through or under XxxxxxTenant, and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx Landlord will be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event the Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor will Landlord shall use reasonable efforts to relet all or any part of the Premises on commercially reasonable for Tenant's account, for such term or terms and conditionson such conditions and other terms as Landlord, in its discretion, determines. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx Landlord considers appropriate to accomplish such reletting, and Xxxxxx Tenant will reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including attorneys' fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor Landlord will in no way be responsible or liable for any inability failure to relet the Premises or for any inability to collect any rent due upon such reletting. Regardless of Lessor’s Landlord's recovery of possession of the Premises, so long as this Lease is not terminated Lessee Tenant will continue to pay on the dates specified in this Lease, the Base Rent, Additional Rent and other Rent which would be payable if such repossession had not occurred, less a credit for any payments the net amounts, if any, actually received by Lessor Landlord through any reletting of the Premises. Alternatively, at Landlord's option, Landlord will be entitled to recover from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum equal to (i) all unpaid Base Rent, Additional Rent and other Rent for any period prior to the repossession date (including interest 22 30 from the due date to the date of the award at the rate described in Section 3.5), plus any other sum of money and damages owed by Tenant to Landlord for events or actions occurring prior to the repossession date; plus (ii) the present value at the time of repossession (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of New York on the repossession date) of the amount, if any, by which (A) the aggregate of the Base Rent, Additional Rent and all other Rent payable by Tenant under this Lease that would have accrued for the balance of the Term after repossession (with respect to Additional Rent, such aggregate will be calculated by assuming that Expenses and Taxes for the calendar year in which repossession occurs and for each subsequent calendar year remaining in the Term if Landlord had not repossessed the Premises will increase by eight percent (8%) per year over the amount of Expenses and Taxes for the prior calendar year), exceeds (B) the amount of such Base Rent, Additional Rent and other Rent which Landlord will receive for the remainder of the Term from any reletting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such Base Rent, Additional Rent and other Rent which could reasonably be recovered by reletting the Premises for the remainder of the Term at the then-current fair rental value, in either case taking into consideration loss of rent while finding a new tenant, tenant improvements and rent abatements necessary to secure a new tenant, leasing brokers' commissions and other costs which Landlord has incurred or might incur in leasing the Premises to a new tenant; plus (iii) interest on the amount described in (ii) above from the repossession date to the date of the award at the rate described in Section 3.5.

Repossession and Reletting. In the event of a Default by XxxxxxTenant and expiration of any applicable cure period, Lessor Landlord may reenter and take possession of all the Demised Premises or any part of thereof, in accordance with the Premises, without additional demand or noticerequirements and procedures set forth in the Colorado statutes, and repossess the same and expel Lessee Tenant and any party claiming by, under or through or under XxxxxxTenant, and remove the effects of both, without breach of the peace, without being liable for prosecution for such action on account thereof or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Demised Premises by Xxxxxx will Landlord shall be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord hereunder or notice given under a forcible entry and detainer statute or similar Laws will law shall constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event even the Lease will terminate as specified in such said notice. After recovering possession of the Demised Premises, Lessor will use reasonable efforts Landlord may, from time to time, but shall not be obligated to, relet the Premises on commercially reasonable Demised Premises, or any part thereof, for the account of Tenant, for such term or terms and conditionson such conditions and upon such other terms as Landlord, in its uncontrolled discretion, may determine. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx considers Landlord may consider appropriate to accomplish such reletting, and Xxxxxx will Tenant shall reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including brokers' commissions and attorneys' fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor will but, subject to Section 13.5 below, Landlord shall in no way be responsible or liable for any inability failure to relet the Premises Demised Premises, or any part thereof, or for any failure to collect any rent due upon such reletting. Regardless of Lessor’s Notwithstanding Landlord's recovery of possession of the Demised Premises, so long as this Lease is not terminated Lessee will Tenant shall continue to pay on the dates specified in this Leaseherein specified, the Base Basic Rent, Additional Rent and other Rent amounts which would be payable hereunder if such repossession had not occurred. Upon the expiration or earlier termination of this Lease, less a credit for Landlord shall refund to Tenant any payments actually received amount, without interest, by Lessor which the amounts paid by Tenant, when added to the net amount, if any, recovered by Landlord through any reletting of the Demised Premises, exceeds the amounts payable by Tenant under this Lease. If, in connection with any reletting, the new lease term extends beyond the existing term, or the premises covered thereby include other premises not part of the Demised Premises, a fair apportionment of the rent received from such reletting and the expenses incurred in connection therewith will be made in determining the net amount recovered from such reletting.

Repossession and Reletting. In the event of a Default by XxxxxxTenant, Lessor Landlord may reenter and take possession of all the Demised Premises or any part of the Premisesthereof, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, under or through or under XxxxxxTenant, and remove the effects of both, without breach of the peace, without being liable for prosecution for such action on account thereof or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Demised Premises by Xxxxxx will Landlord shall be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord hereunder or notice given under a forcible entry and detainer statute or similar Laws will law shall constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event even the Lease will terminate as specified in such said notice. After recovering possession of the Demised Premises, Lessor will use reasonable efforts Landlord may, from time to time, but shall not be obligated to, relet the Premises on commercially reasonable Demised Premises, or any part thereof, for the account of Tenant, for such term or terms and conditionson such conditions and upon such other terms as Landlord, in its uncontrolled discretion, may determine. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx considers Landlord may consider appropriate to accomplish such reletting, and Xxxxxx will Tenant shall reimburse Lessor Landlord upon demand for all reasonable costs and expenses, which Lessor including brokers’ commissions and attorneys* fees, that Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor will Landlord shall in no way be responsible or liable for any inability failure to relet the Premises Demised Premises, or any part thereof, or for any failure to collect any rent due upon such reletting. Regardless of LessorNotwithstanding Landlord’s recovery of possession of the Demised Premises, so long as this Lease is not terminated Lessee will Tenant shall continue to pay on the dates specified in this Leaseherein specified, the Base Basic Rent, Additional Rent and other Rent which amounts that would be payable hereunder if such repossession had not occurred. Upon the expiration or earlier termination of this Lease, less a credit for Landlord shall refund to Tenant any payments actually received amount, without interest, by Lessor which the amounts paid by Xxxxxx, when added to the net amount, if any, recovered by Landlord through any reletting of the Demised Premises, exceeds the amounts payable by Tenant under this Lease. If, in connection with any reletting, the new lease term extends beyond the existing term, or the premises covered thereby include other premises not part of the Demised Premises, a fair apportionment of the rent received from such reletting and the expenses incurred in connection therewith will be made in determining the net amount recovered from such reletting.

Repossession and Reletting. In the event of a Default by Xxxxxx, Lessor Landlord may reenter and take possession of all or any part of the Premises, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, through or under XxxxxxTenant, and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx Landlord will be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event the Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor Landlord may, from time to time, but will use reasonable efforts to not be obligated to, relet all or any part of the Premises on commercially reasonable for Tenant’s account, for such term or terms and conditionson such conditions and other terms as Landlord, in its discretion, determines. Lessor Landlord hereby acknowledges, however, that Landlord shall mitigate its damages to the extent required by applicable Laws. Landlord may make such repairs, alterations or improvements as Xxxxxx Landlord considers appropriate to accomplish such reletting, and Xxxxxx Tenant will reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including attorneys’ fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor Landlord will in no way be responsible or liable for any inability failure to relet the Premises or for any inability to collect any rent due upon such reletting. Regardless of LessorLandlord’s recovery of possession of the Premises, so long as this Lease is not terminated Lessee Tenant will continue to pay on the dates specified in this Lease, the Base Rent and other Rent which would be payable if such repossession had not occurred, less a credit for any payments the net amounts, if any, actually received by Lessor Landlord through any reletting of the Premises. Alternatively, at Landlord’s option, Landlord will be entitled to recover from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum equal to (1) all unpaid Base Rent, Taxes and Common Area Expenses and other Rent for any period prior to the repossession date (including interest from the due date to the date of the award at the rate described in Section 3.5), plus any other sum of money and damages owed by Tenant to Landlord for events or actions occurring prior to the repossession date; plus (2) the present value at the time of repossession (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of New York on the repossession date) of the amount, if any, by which (A) the aggregate of such Rent payable by Tenant under this Lease that would have accrued for the balance of the Term after repossession (with respect to Common Area Expenses and Taxes, such aggregate will be calculated by assuming that Common Area Expenses and Taxes for the calendar year in which repossession occurs and for each subsequent calendar year remaining in the Term if Landlord had not repossessed the Premises will increase by 4% per year over the amount of Common Area Expenses and Taxes for the prior calendar year), exceeds (B) the amount of such Rent which Landlord will receive for the remainder of the Term from any reletting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such Rent which could reasonably be recovered by reletting the Premises for the remainder of the Term at the then-current fair rental value, in either case taking into consideration loss of rent while finding a new tenant, tenant improvements and rent abatements necessary to secure a new tenant, leasing brokers’ commissions and other costs which Landlord has incurred or might incur in leasing the Premises to a new tenant; plus (3) interest on the amount described in (2) above from the repossession date to the date of the award at the rate described in Section 3.5. In no event will Landlord be required to pay Tenant any excess amounts if Landlord successfully relets the Premises.

Repossession and Reletting. In the event of a Default by XxxxxxTenant THAT -------------------------------- IS NOT CURED WITHIN THE APPLICABLE CURE PERIOD(S) PROVIDED IN THIS LEASE, Lessor Landlord may reenter and take possession of all the Demised Premises or any part of the Premisesthereof, without additional demand or noticenoticeWITH SUCH DEMAND OR NOTICE AS MAY BE REQUIRED BY APPLICABLE LAW, and repossess the same and expel Lessee Tenant and any party claiming by, under or through or under XxxxxxTenant, and remove the effects of both, without breach of the peace, without being liable for prosecution for such action on account thereof or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Demised Premises by Xxxxxx will Landlord shall be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord hereunder or notice given under a forcible entry and detainer statute or similar Laws will law shall constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event even the Lease will terminate as specified in such said notice. After recovering possession of the Demised Premises, Lessor will use reasonable efforts Landlord may, from time to time, but shall not be obligated to, relet the Premises on commercially reasonable Demised Premises, or any part thereof, for the account of Tenant, for such term or terms and conditionson such conditions and upon such other terms as Landlord, in its uncontrolled discretion, may determine. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx considers Landlord may consider appropriate to accomplish such reletting, and Xxxxxx will Tenant shall reimburse Lessor Landlord upon demand for all reasonable REASONABLE costs and expenses, including brokers' commissions and attorneys' fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor will Landlord shall in no way be responsible or liable for any inability failure to relet the Premises Demised Premises, or any part thereof, or for any failure to collect any rent due upon such reletting. Regardless of Lessor’s Notwithstanding Landlord's recovery of possession of the Demised Premises, so long as this Lease is not terminated Lessee will Tenant shall continue to pay on the dates specified in this Leaseherein specified, the Base Basic Rent, Additional Rent and other Rent amounts which would be payable hereunder if such repossession had not occurred. Upon the expiration or earlier termination of this Lease, less a credit for Landlord shall refund to Tenant any payments actually received amount, without interest, by Lessor which the amounts paid by Tenant, when added to the net amount, if any, recovered by Landlord through any reletting of the Demised Premises, exceeds the amounts payable by Tenant under this Lease. If, in connection with any reletting, the new lease term extends beyond the existing term, or the premises covered thereby include other premises not part of the Demised Premises, a fair apportionment of the rent received from such reletting and the expenses incurred in connection therewith will be made in determining the net amount recovered from such reletting. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, LANDLORD SHALL MAKE COMMERCIALLY REASONABLE EFFORTS TO MITIGATE ITS DAMAGES.

Repossession and Reletting. In the event Upon an Event of a Default by XxxxxxDefault, Lessor Landlord may reenter and take possession Possession of all the Premises or any part of the Premisesthereof, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, under or through or under XxxxxxTenant, and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action on account thereof or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx will Landlord shall be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord hereunder or notice given under a forcible entry and detainer statute or similar Laws will law shall constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event the Lease will terminate as specified in such said notice. After recovering possession of the Premises, Lessor will use reasonable efforts Landlord may, from time to time, but shall not be obligated to, relet the Premises on commercially reasonable Premises, or any part thereof, for the account of Tenant, for such term or terms and conditions. Lessor on such conditions and upon such other terms as Landlord, in its discretion, may determine Landlord may make such repairs, alterations or improvements as Xxxxxx considers Landlord may consider appropriate to accomplish such reletting, and Xxxxxx will Tenant shall reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including attorneys' fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor will Landlord shall in no way be responsible or liable for any inability failure to relet the Premises Premises, or any part thereof, or for many failure to collect any rent due upon such reletting. Regardless of Lessor’s Notwithstanding Landlords recovery of possession of the Premises, so long as this Lease is not terminated Lessee will Tenant shall continue to pay on the dates specified in this Leaseherein specified, the Base Rent, Additional Rent and other Rent and amounts which would be payable hereunder if such repossession had not occurred, less a credit for any payments the net amounts, if any, actually received by Lessor Landlord through any reletting of the Premises.

Repossession and Reletting. In the event Upon an Event of a Default by XxxxxxDefault, Lessor Landlord may immediately or at any time thereafter, and with or without legal process, reenter and take possession of all the Premises or any part of the Premisesthereof, without additional demand or noticenotice and, and except as may otherwise be required by law applicable to this Lease, repossess the same and expel Lessee Tenant and any party claiming by, under or through or under XxxxxxTenant, and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action on account thereof or being deemed guilty of any manner of trespasstrespass (Tenant hereby waiving any claim except claims arising out of Landlord's failure to exercise such care as to Tenant's property as may be required by law applicable to this Lease), and without prejudice to any remedies for arrears of Rent rent or right to bring any proceeding for breach of covenants or conditionsprovisions of this Lease. No such reentry or taking possession of the Premises by Xxxxxx will Landlord shall be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant by Landlord. No notice from Lessor Landlord hereunder or notice given under a forcible entry and detainer statute or similar Laws will law shall constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event the Lease will terminate as specified in such said notice. After recovering possession of the Premises, Lessor will use reasonable efforts Landlord may, from time to time, relet the Premises on commercially reasonable Premises, or any part thereof, for the account of Tenant, for such term or terms and conditionson such agreements, covenants, provisions and conditions and upon such other terms as Landlord, in its discretion, may determine. Lessor Landlord may make such repairs, alterations or and improvements as Xxxxxx considers Landlord may consider appropriate to accomplish such reletting, and Xxxxxx will Tenant shall reimburse Lessor Landlord upon demand for all reasonable costs and expensesexpenses (together with interest thereon at the rate set out in Section 29.B.), which Lessor Landlord may incur in connection with such repossession or reletting, including tenant improvements, remodeling and refinishing space for a new tenant, reasonable and customary tenant inducements and abatements, brokerage fees or agents' commissions in connection therewith, redecorating costs, reasonable attorneys' fees, and other costs and expenses incident to repossessing and reletting the Premises. Lessor Landlord may collect and receive the rents for such reletting but Lessor will but, except as provided below with respect to Landlord's duty to use good faith reasonable efforts to relet the Premises, Landlord shall in no way be responsible or liable for any inability failure to relet the Premises Premises, or any part thereof, or for any failure to collect any rent due upon such reletting. Regardless of Lessor’s recovery of Landlord shall have no duty to attempt to mitigate its damages by retaking and reletting the Premises, except that if Landlord does retake possession of the Premises under either Section 24.B(2) or this Section 24.B(3), Landlord shall use good faith reasonable efforts to relet the Premises, so long as this Lease is not terminated Lessee will continue subject to pay on the dates specified in this Leasefollowing terms, the Base Rent conditions and other Rent which would be payable if such repossession had not occurred, less a credit for any payments actually received by Lessor through limitations: (a) any reletting of the Premises shall be on the terms and conditions determined by Landlord in its reasonable good faith discretion and to such tenants as Landlord shall approve in its reasonable good faith discretion. Without limiting the generality of the foregoing, Tenant acknowledges that, in reletting the Premises., Landlord may legitimately consider the effect of any such reletting on the Building and on any other buildings owned by Landlord or any other person or entity controlling, controlled by, or under common control with Landlord, or otherwise affiliated with Landlord (which parties are referred to herein collectively as "Landlord Affiliates"), and, therefore, may decide not to lease the Premises at rates which are lower than Landlord is otherwise endeavoring to maintain in the Building, or at rates which are lower than the rate

Repossession and Reletting. In the event of a Default by Xxxxxx, Lessor Landlord may reenter and take -------------------------- possession of all or any part of the Premises, with process of law but without additional demand or noticenotice unless required by applicable Laws, and repossess the same and expel Lessee Tenant and any party claiming by, through or under XxxxxxTenant, and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx Landlord will be construed as an election by Xxxxxx Landlord to terminate this Lease unless a notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such notice, in which event the Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor Landlord will use reasonable efforts to relet the Premises on commercially reasonable terms and conditions. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx Landlord considers appropriate to accomplish such reletting, and Xxxxxx Tenant will reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including attorneys' fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor Landlord will in no way be responsible or liable for any inability to relet the Premises or to collect any rent due upon such reletting. Landlord may apply the same first to the payment of such expenses as Landlord may have incurred in recovering possession of the Premises, including attorneys' fees and expenses for putting the same into good order and condition or preparing or altering the same for re-rental to the extent Landlord deems necessary or desirable and all other expenses, commissions and charges paid, assumed or incurred by Landlord in or about reletting the Premises and then to the fulfillment of the covenants of Tenant hereunder. Any such reletting herein provided for may be for the remainder of the Term or any renewal term of this Lease, as originally granted, or for a longer or shorter period; Landlord will have the right to change the character and use made of the Premises, and Landlord will not be required to accept any substitute tenant offered by Tenant or to observe any instructions given by Tenant about reletting. Regardless of Lessor’s Landlord's recovery of possession of the Premises, so long as this Lease is not terminated Lessee Tenant will continue to pay (and Landlord may recover, if Tenant fails to do so), on the dates specified in this Lease, the Base Basic Rent and other Rent which would be payable for the remainder of the Term (excluding any Renewal Term with respect to which Tenant has not exercised its option under Section 2.5) if such repossession had not occurred, less a credit for any payments the net amounts, if any, actually received by Lessor Landlord through any reletting of the Premises.

Repossession and Reletting. In the event of Upon a Default default by XxxxxxTenant, Lessor Landlord may reenter re-enter and take possession of all the Premises or any part of the Premisesthereof, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, under, or through or under XxxxxxTenant, and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action on account thereof or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent in rent or right to bring any proceeding for breach of any of the covenants or conditionsof this Lease. No such reentry re-entry or taking of possession of the Premises by Xxxxxx will Landlord shall be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord hereunder or notice given under a forcible entry and detainer statute or similar Laws will law shall constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry re-entry or relettingreletting but not to include build out requested or required by a subsequent tenant, to exercise its right to terminate this Lease by giving Lessee such noticeTenant written notice of termination, in which event the Lease will terminate as on the date specified in such the notice. After recovering possession of the Premises, Lessor will use reasonable efforts Landlord may, from time to time, but shall not be obligated to, relet the Premises on commercially reasonable Premises, or any part thereof, for the account of Tenant, for such term or terms and conditionson such conditions as Landlord, in its discretion, may determine. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx considers Landlord may consider appropriate to accomplish such reletting, but not to include build out requested or required by a subsequent tenant and Xxxxxx will Tenant shall reimburse Lessor Landlord upon demand for all reasonable costs and expenses, which Lessor including reasonable attorneys' fees, that Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor will Landlord shall in no way be responsible or liable for any inability failure to relet the Premises Premises, or any part thereof, or for any failure to collect any rent due upon such reletting. Regardless of Lessor’s Notwithstanding Landlord's recovery of possession of the Premises, so long as this Lease is not terminated Lessee will Tenant shall continue to pay Rent on the dates herein specified in this Lease, the Base Rent and other Rent which that would be payable hereunder if such repossession had not occurred, less a credit for any payments the net amounts, if any, actually received by Lessor Landlord through any reletting of the Premises.

Repossession and Reletting. In the event of a Default by Xxxxxx, Lessor Landlord may reenter re-enter and take possession of all or any part of the Premises, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, through or under XxxxxxTenant, and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry re-entry or taking possession of the Premises by Xxxxxx Landlord will be construed as an election by Xxxxxx Landlord to terminate this Lease unless a notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry re-entry or relettingre-letting, to exercise its right to terminate this Lease by giving Lessee Tenant such notice, in which event the Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor will use reasonable efforts to Landlord may, at its option, relet the Premises on commercially reasonable terms and conditions. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx a landlord considers appropriate to accomplish such relettingre-letting, and Xxxxxx Tenant will reimburse Lessor Landlord upon demand for all reasonable costs Costs and expenses, including reasonable solicitors’ fees, which Lessor Landlord may incur in connection with such relettingre-letting. Lessor Landlord may collect and receive the rents for such reletting re-letting but Lessor Landlord will in no way be responsible or liable for any inability to relet the Premises or to collect any rent due upon such relettingre-letting. Regardless of LessorLandlord’s recovery of possession of the Premises, so long as this Lease is not terminated Lessee terminated, Tenant will continue to pay pay, on the dates specified in this Lease, the Base Basic Rent and other Rent which would be payable if such repossession had not occurred, less a credit for any payments the net amounts, if any, actually received by Lessor Landlord through any reletting re-letting of the Premises.

Repossession and Reletting. In the event of a Default by Xxxxxx, Lessor Landlord may reenter and take possession of all or any part of the Premises, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, through or under XxxxxxTenant, and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx Landlord will be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event the Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor Landlord may, from time to time, but will use reasonable efforts to not be obligated to, relet all or any part of the Premises on commercially reasonable for Tenant’s account, for such term or terms and conditionson such conditions and other terms as Landlord, in its discretion, determines. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx Landlord reasonably considers appropriate to accomplish such reletting, and Xxxxxx Tenant will reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including attorneys’ fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor Landlord will in no way be responsible or liable for any inability failure to relet the Premises or for any inability to collect any rent due upon such reletting. Regardless of LessorLandlord’s recovery of possession of the Premises, so long as this Lease is not terminated Lessee Tenant will continue to pay on the dates specified in this Lease, the Base Rent, Additional Rent and other Rent which would be payable if such repossession had not occurred, less a credit for any payments the net amounts, if any, actually received by Lessor Landlord through any reletting of the Premises. Alternatively, at Landlord’s option, Landlord will be entitled to recover from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum equal to (i) all unpaid Base Rent, Additional Rent and other Rent for any period prior to the repossession date (including interest from the due date to the date of the award at the rate of 18% per annum), plus any other sum of money and damages owed by Tenant to Landlord for events or actions occurring prior to the repossession date; plus (ii) the present value at the time of repossession (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of New York on the repossession date) of the amount, if any, by which (A) the aggregate of the Base Rent, Additional Rent and all other Rent payable by Tenant under this Lease that would have accrued for the balance of the Term after repossession (with respect to Additional Rent, such aggregate will be calculated by assuming that Expenses and Taxes for the calendar year in which repossession occurs and for each subsequent calendar year remaining in the Term if Landlord had not repossessed the Premises will increase by 8% per year over the amount of Expenses and Taxes for the prior calendar year), exceeds (B) the amount of such Base Rent, Additional Rent and other Rent which Landlord will receive for the remainder of the Term from any reletting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such Base Rent, Additional Rent and other Rent which could reasonably be recovered by reletting the Premises for the remainder of the Term at the then-current fair rental value, in either case taking into consideration loss of rent while finding a new tenant, tenant improvements and rent abatements necessary to secure a new tenant, leasing brokers’ commissions and other costs which Landlord has incurred or might incur in leasing the Premises to a new tenant; plus (iii) interest on the amount described in (ii) above from the repossession date to the date of the award at the rate of 18% per annum.

Repossession and Reletting. In the event of a Default by Xxxxxx, Lessor Landlord may reenter and take possession of all or any part of the Premises, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, through or under XxxxxxTenant, and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx Landlord will be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event the Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor Landlord may, from time to time, but will use reasonable efforts to not be obligated to, relet all or any part of the Premises on commercially reasonable for Tenant’s account, for such term or terms and conditionson such conditions and other terms as Landlord, in its discretion, determines. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx Landlord considers appropriate to accomplish such reletting, and Xxxxxx Tenant will reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including attorneys’ fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor Landlord will in no way be responsible or liable for any inability failure to relet the Premises or for any inability to collect any rent due upon such reletting. Regardless of LessorLandlord’s recovery of possession of the Premises, so long as this Lease is not terminated Lessee Tenant will continue to pay on the dates specified in this Lease, the Base Rent, Expenses, Additional Rent and other Rent which would be payable if such repossession had not occurred, less a credit for any payments the net amounts, if any, actually received by Lessor Landlord through any reletting of the Premises. Alternatively, at Landlord’s option, Landlord will be entitled to recover from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum equal to (i) all unpaid Base Rent, Expenses, Additional Rent and other Rent for any period prior to the repossession date (including interest from the due date to the date of the award at the rate described in Section 3.5), plus any other sum of money and damages owed by Tenant to Landlord for events or actions occurring prior to the repossession date; plus (ii) the present value at the time of repossession (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of New York on the repossession date) of the amount, if any, by which (A) the aggregate of the Base Rent, Expenses, Additional Rent and all other Rent payable by Tenant under this Lease that would have accrued for the balance of the Term after repossession (with respect to Additional Rent, such aggregate will be calculated by assuming that Expenses and Taxes for the calendar year in which repossession occurs and for each subsequent calendar year remaining in the Term if Landlord had not repossessed the Premises will increase by 8% per year over the amount of Expenses and Taxes for the prior calendar year), exceeds (B) the amount of such Base Rent, Additional Rent and other Rent which Landlord will receive for the remainder of the Term from any reletting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such Base Rent, Expenses, Additional Rent and other Rent which could reasonably be recovered by reletting the Premises for the remainder of the Term at the then-current fair rental value, in either case taking into consideration loss of rent while finding a new tenant, tenant improvements and rent abatements necessary to secure a new tenant, leasing brokers’ commissions and other costs which Landlord has incurred or might incur in leasing the Premises to a new tenant; plus (iii) interest on the amount described in (ii) above from the repossession date to the date of the award at the rate described in Section 3.5.

Repossession and Reletting. In the event of a Default by Xxxxxx, Lessor may reenter and take possession of all or any part of the Premises, without additional demand or notice, and repossess the same and expel Lessee Xxxxxx and any party claiming by, through or under Xxxxxx, and remove the effects of both, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx will be construed as an election by Xxxxxx to terminate this Lease unless a notice of termination is given to Lessee. No notice from Lessor or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor to terminate this Lease unless such notice specifically so states. Lessor reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee such notice, in which event the Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor will use reasonable efforts to relet the Premises on commercially reasonable terms and conditions. Lessor may make such repairs, alterations or improvements as Xxxxxx considers appropriate to accomplish such reletting, and Xxxxxx will reimburse Lessor upon demand for all reasonable costs and expenses, which Lessor may incur in connection with such reletting. Lessor may collect and receive the rents for such reletting but Lessor will in no way be responsible or liable for any inability to relet the Premises or to collect any rent due upon such reletting. Regardless of Lessor’s recovery of possession of the Premises, so long as this Lease is not terminated Lessee will continue to pay on the dates specified in this Lease, the Base Rent and other Rent which would be payable if such repossession had not occurred, less a credit for any payments actually received by Lessor through any reletting of the Premises.

Repossession and Reletting. In the event of a Default by Xxxxxx, Lessor Landlord may reenter and take possession of all or any part of the Premises, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, through or under XxxxxxTenant, and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Premises by Xxxxxx Landlord will be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord or notice given under a forcible entry and detainer statute or similar Laws will constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event the Lease will terminate as specified in such notice. After recovering possession of the Premises, Lessor Landlord may, from time to time, but will use reasonable efforts to not be obligated to, relet all or any part of the Premises on commercially reasonable for Tenant's account, for such term or terms and conditionson such conditions and other terms as Landlord, in its discretion, determines. Lessor Landlord may make such repairs, alterations or improvements as Xxxxxx Landlord considers appropriate to accomplish such reletting, and Xxxxxx Tenant will reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including attorneys' fees, which Lessor Landlord may incur in connection with such reletting. Lessor Landlord may collect and receive the rents for such reletting but Lessor Landlord will in no way be responsible or liable for any inability failure to relet the Premises or for any inability to collect any rent due upon such reletting. Regardless of Lessor’s Landlord's recovery of possession of the Premises, so long as this Lease is not terminated Lessee Tenant will continue to pay on the dates specified in this Lease, the Base Rent, Additional Rent and other Rent which would be payable if such repossession had not occurred, less a credit for any payments the net amounts, if any, actually received by Lessor Landlord through any reletting of the Premises.. Alternatively, at Landlord's option, Landlord will be entitled to recover from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum equal to (i) all unpaid Base Rent, Additional Rent and other Rent for any period prior to the repossession date (including interest from the due date to the date of the award at the rate described in Section 3.5), plus any other sum of money and damages owed by Tenant to Landlord for events or actions occurring prior to the repossession date; plus (ii) the present value at the time of repossession (calculated at the rate commonly called the discount rate in effect at the Federal Reserve Bank of New York on the repossession date) of the amount, if any, by which (A) the aggregate of the Base Rent, Additional Rent and all other Rent payable by Tenant under this Lease that would have accrued for the balance of the Term after repossession (with respect to Additional Rent, such aggregate will be calculated by assuming that Expenses and Taxes for the calendar year in which repossession occurs and for each subsequent calendar year remaining in the Term if Landlord had not repossessed the Premises will increase by 8% per year over the amount of Expenses and Taxes for the prior calendar year), exceeds (B) the amount of such Base Rent, Additional Rent and other Rent which Landlord will receive for the remainder of the Term from any reletting of the Premises occurring prior to the date of the award, or if the Premises have not been relet prior to the date of the award, the amount, if any, of such Base Rent,

Repossession and Reletting. In the event of a Default by XxxxxxTenant to the extent permitted by applicable law, Lessor may Landlord may, in accordance with a valid court order therefor, reenter and take possession of all the Demised Premises or any part of the Premisesthereof, without additional demand or notice, and repossess the same and expel Lessee Tenant and any party claiming by, under or through or under Xxxxxx, Tenant and remove the effects of bothboth using such force for such purposes as may be necessary, without being liable for prosecution for such action on account thereof or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent rent or right to bring any proceeding for breach of covenants or conditions. No such reentry or taking possession of the Demised Premises by Xxxxxx will Landlord shall be construed as an election by Xxxxxx Landlord to terminate this Lease unless a written notice of termination such intention is given to LesseeTenant. No notice from Lessor Landlord hereunder or notice given under a forcible entry and detainer statute or similar Laws will law shall constitute an election by Lessor Landlord to terminate this Lease unless such notice specifically so states. Lessor Landlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Lease by giving Lessee Tenant such written notice, in which event the this Lease will shall terminate as specified in such said notice. After recovering possession of the Demised Premises, Lessor will use reasonable efforts Landlord may, from time to time, but shall not be obligated to, relet the Premises on commercially reasonable Demised Premises, or any part thereof, for the account of Tenant, for such term or terms and conditionson such conditions and upon such other terms as Landlord, in its sole and subjective discretion, may determine. Lessor Nothing herein provided shall limit Landlord’s obligation to mitigate damages in accordance with Colorado law. Landlord may make such repairs, alterations or improvements as Xxxxxx considers Landlord may consider appropriate to accomplish such reletting, and Xxxxxx will Tenant shall reimburse Lessor Landlord upon demand for all reasonable costs and expenses, including attorneys’ fees, which Lessor Landlord may incur in connection with such reletting, to the extent permitted by applicable law. Lessor Landlord may collect and receive the rents for such reletting but Lessor will Landlord shall in no way be responsible for or liable for any inability failure to relet the Premises Demised Premises, or any part thereof, or for any failure to collect any rent due upon such reletting. Regardless of LessorNotwithstanding Landlord’s recovery of possession of the Demised Premises, so long as this Lease is not terminated Lessee will Tenant shall continue to pay on the dates specified in this Leaseherein specified, the Base Basic Rent, Additional Rent and other Rent amounts which would be payable hereunder if such repossession had not occurred. Upon the expiration or earlier termination of this Lease, less a credit for Landlord shall refund to Tenant any payments actually received amount, without interest, by Lessor which the amounts paid by Tenant, when added to the net amount, if any, recovered by Landlord through any reletting of the Demised Premises, exceeds the amounts payable by Tenant under this Lease. If in connection with any reletting, the new lease term extends beyond the existing Lease Term, or the premises covered thereby include other premises not part of the Demised Premises, a fair apportionment of the rent received from such reletting and the expenses incurred in connection therewith shall be made in determining the net amount recovered from such reletting.