Common use of Right to Re-let Clause in Contracts

Right to Re-let. Should the Lessor elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let the Leased Premises, and re-let the Leased Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Lessor in its sole discretion may deem advisable; upon each re-letting all rentals received by the Lessor from such re-letting shall be applied; first, to the payment of any indebtedness other than rent due hereunder from the Lessee to the Lessor; second, to the repayment of any reasonable costs and expenses of such re-letting, including brokerage fees and solicitors’ fees and of costs of such alterations and repairs; third, to the payment of Rent due as the same may become due and payable hereunder. If such Rent received from such re-letting during any month be less than that to be paid during that month by the Lessee hereunder, the Lessee shall pay any such deficiency to the Lessor. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Lessor shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to the lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re-letting without termination, the Lessor may at any time thereafter elect to terminate this Lease for such previous breach. Should the Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Lessee all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereof, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if required.

Right to Re-let. Should the Lessor elect to re-enterreenter for Lessee’s default, as herein providedprovided hereinabove, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may may, from time to time without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let the Leased Premises, and re-let the Leased said Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending beyond the Term term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Lessor in its sole discretion may deem advisable; upon each re-such re letting all rentals rental received by the Lessor from such re-letting shall be applied; , first, to the payment of any indebtedness other than rent due hereunder from the Lessee to the Lessor; second, to the repayment payment of any reasonable costs and expenses of such re-letting, including brokerage fees and solicitors’ fees and of costs of such alterations and repairs; third, to the payment of Rent rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied in payment of future rent as the same may become due and payable hereunder. If such Rent rentals received from such re-letting during any month be less than that to be paid during that month by the Lessee hereunder, the Lessee shall pay any such deficiency to the Lessor. Such deficiency shall be calculated and paid monthly. Termination may, but need not necessarily, be made effective by the giving of written notice to Lessee of intention to end the term of this Lease, specifying a day not earlier than three (3) days thereafter, and upon the giving of such notice, the term of this Lease and all right, title and interest of Lessee hereunder shall expire as fully and completely on the day so specified as if that day were the date herein specifically fixed for the expiration of the term. No such re-entry or taking possession of the Leased said Premises by the Lessor shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be is given to the lessee Lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re-letting without termination, the Lessor may at any time thereafter elect to terminate this Lease for such previous breachdefault. Should the Lessor at any time terminate this Lease for any breachLessee’s default, in addition to any other remedies it may have, it Lessor may recover from the Lessee all damages it may incur by reason of such breachdefault, including the cost of recovering possession of the Leased Premises, reasonable attorneys’ fees, delinquent rent and including other charges due through the worth date of termination and the discounted present value (computed at 8%) at the time of such termination of the excess, if any, of the amount of Rent rent and charges equivalent to Rent reserved in this Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereofstated term, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if required.

Right to Re-let. Should If the Lessor elect Landlord elects to re-enter, enter the Leased Premises as herein provided, provided or should it take takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be are necessary in order to re-let the Leased Premises, and re-let the Leased Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending beyond the Term of this LeaseTerm) and at such rental or rentals rent and upon such other terms terms, covenants and conditions as the Lessor Landlord in its sole discretion may deem discretion, acting reasonably, considers advisable; upon . Upon each re-letting such reletting, all rentals rent received by the Lessor Landlord from such re-letting shall be applied; , first, to the payment of any indebtedness other than rent Basic Rent or Additional Rent due hereunder from the Lessee Tenant to the LessorLandlord; second, to the repayment payment of any reasonable costs and expenses of such re-letting, including brokerage fees and solicitors’ legal fees and of costs of such alterations alterations, repairs and repairsre-letting (including tenant inducements); third, to the payment of Basic Rent and Additional Rent due and unpaid hereunder; and the residue, if any, to the extent applicable to any period of time within the Term, shall be held by the Landlord and applied in payment of future rent as the same may become becomes due and payable hereunder. If such Rent rent to be received from such re-letting during any month be is less than that to be paid during that month by the Lessee Tenant hereunder, the Lessee Tenant shall pay any such deficiency to the Lessor. Such deficiency which shall be calculated and paid monthlymonthly in advance on or before the first day of each and every month. No such re-entry or taking possession of the Leased Premises by the Lessor Landlord shall be construed as an election on its part to terminate this Lease unless a written notice Notice of such intention be is given to the lessee or unless the termination thereof be decreed by a court of competent jurisdictionTenant. Notwithstanding any such re-letting without termination, the Lessor Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Lessee all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereof, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if required.

Right to Re-let. Should If the Lessor elect to Landlord re-enter, as herein provided, or should it take possession enters pursuant to legal proceedings the provisions of either this Lease or pursuant to any notice provided for by applicable law, it may either terminate this Lease or it may from time to time without terminating the Tenant’s obligations under this Lease, make such any alterations and repairs as may be considered by the Landlord necessary in order to facilitate a re-let the Leased Premisesletting, and re-let the Leased Premises or any part thereof as agent for of the Lessee Tenant for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Lessor Landlord, in its sole discretion may deem reasonable discretion, considers advisable; upon . Upon each re-letting letting, all rentals Rent and other monies received by the Lessor Landlord from such the re-letting shall will be applied; first, : (i) to the payment of any indebtedness indedtedness other than rent due hereunder from the Lessee Tenant to the Lessor; second, Landlord; (ii) to the repayment payment of any reasonable costs and expenses of such the re-letting, letting including brokerage fees and solicitors’ legal fees and of costs of such the alterations and repairs; third, and (iii) to the payment of Rent due and unpaid hereunder. The residue, if any, will be held by the Landlord and applied in payment of future Rent as the same may become it becomes due and payable hereunderpayable. If such Rent the rent received from such the re-letting during any a month be is less than that the rent to be paid during that month by the Lessee hereunderTenant, the Lessee Tenant shall pay any such the deficiency to the LessorLandlord. Such The deficiency shall will be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Lessor shall Landlord will be construed as an election on its part to terminate this Lease unless a written notice of such that intention be is given to the lessee or unless the termination thereof be decreed by Tenant. Despite a court of competent jurisdiction. Notwithstanding any such re-letting without termination, the Lessor Landlord may elect at any time thereafter elect to terminate this Lease for such a previous breach. Should the Lessor at any time terminate If The Landlord terminates this Lease for any breach, in addition to any other remedies it may have, it may recover from the Lessee Tenant all damages it may incur incurs by reason of such the breach, including the cost of recovering the Leased Premises, reasonable legal fees and including the worth at the time of such termination of the excess, if any, of the amount of Rent rent and charges equivalent to Rent rent reserved in this Lease for the remainder of the Term hereof Term, over the then reasonable rental value of the Leased Premises for the remainder of the Term hereofTerm, all of which amounts shall be immediately due and payable from by the Lessee Tenant to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if requiredLandlord.

Right to Re-let. Should the Lessor Landlord elect to re-enterenter upon Tenant’s default, as herein providedprovided in Section 23.02 hereof, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let the Leased Demised Premises, and re-let the Leased Demised Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending beyond the Term term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Lessor Landlord in its sole discretion may deem advisable; upon each such re-letting all rentals received by the Lessor Landlord from such re-letting shall be applied; , first, to the payment of any indebtedness other than rent due hereunder from the Lessee Tenant to the LessorLandlord; second, to the repayment payment of any reasonable costs and expenses of such re-letting, including brokerage fees letting and solicitors’ fees and of costs of such alterations and repairs; third, to the payment of Rent rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such Rent rentals received from such re-letting during any month be were less than that to be paid during that month by the Lessee Tenant hereunder, the Lessee Tenant shall pay any such deficiency to the LessorLandlord. Such deficiency shall be calculated and paid monthly. Termination may, but need not necessarily, be made effective by the giving of written notice to the Tenant of intention to end the term of this Lease, specifying a day not earlier than ten (10) days thereafter, and upon the giving of such notice, the term of this Lease and all right, title and interest of the Tenant hereunder shall expire as fully and completely on the day so specified as if that day were the date herein specifically fixed for the expiration of the term. No such re-entry or taking possession of the Leased Demised Premises by the Lessor Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be is given to the lessee Tenant or unless the termination thereof be decreed by a court of competent jurisdictionjurisdiction thereof decrees the termination. Notwithstanding any such re-letting without termination, the Lessor Landlord may at any time thereafter elect to terminate this Lease for such previous breachdefault. Should the Lessor Landlord at any time terminate this Lease for any breachTenant’s default, in addition to any other remedies it may have, it may recover from the Lessee Tenant all damages it may incur by reason of such breachdefault, including the cost of recovering the Leased Demised Premises, costs of court, if any, reasonable attorney’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of Rent rent and charges equivalent to Rent rent reserved in this Lease for the remainder of the Term hereof stated term over the then reasonable rental value of the Leased Demised Premises for the remainder of the Term hereofstated term, all of which amounts shall be immediately due and payable from the Lessee Tenant to the LessorLandlord. In determining the Rent rental which would be payable by the Lessee Tenant hereunder, subsequent to default, the annual Rent rental for each year the unexpired term shall be computed pro rata upon the basis of the unexpired Term shall be equal to average aggregate rentals paid for the greater of: expired portions of the term of this Lease, or the thirty-six (a36) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the months next preceding three (3) full calendar yearssuch default, whichever period is the shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if required.

Right to Re-let. Should If the Lessor elect Landlord elects to re-enter, enter the Leased Premises as herein provided, provided or should it take takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be are necessary in order to re-let the Leased Premises, and re-let the Leased Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending beyond the Term of this LeaseTerm) and at such rental or rentals rent and upon such other terms terms, covenants and conditions as the Lessor Landlord in its sole discretion may deem discretion, acting reasonably, considers advisable; upon . Upon each such re-letting letting, all rentals rent received by the Lessor Landlord from such re-letting shall be applied; , first, to the payment of any indebtedness other than rent Basic Rent or Additional Rent due hereunder from the Lessee Tenant to the LessorLandlord; second, to the repayment payment of any reasonable costs and expenses of such re-letting, including brokerage fees and solicitors’ legal fees and of costs of such alterations alterations, repairs and repairsre-letting; third, to the payment of Basic Rent and Additional Rent due and unpaid hereunder; and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become becomes due and payable hereunder. If such Rent rent to be received from such re-letting during any month be is less than that to be paid during that month by the Lessee Tenant hereunder, the Lessee Tenant shall pay any such deficiency to the Lessor. Such deficiency which shall be calculated and paid monthlymonthly in advance on or before the first day of each and every month. No such re-entry or taking possession of the Leased Premises by the Lessor Landlord shall be construed as an election on its part to terminate this Lease unless a written notice Notice of such intention be is given to the lessee or unless the termination thereof be decreed by a court of competent jurisdictionTenant. Notwithstanding any such re-letting without termination, the Lessor Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Lessee all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereof, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if required.

Right to Re-let. Should the Lessor Landlord elect to re-enterre- enter for Tenant’s Default, as herein providedprovided hereinabove, or should it it. take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it Landlord may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary in order to re-re- let the Leased Premises, and re-let the Leased said Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Lessor Landlord in its sole discretion may deem advisable; upon each such re-letting all rentals rental received by the Lessor Landlord from such re-letting shall be applied; , first, to the payment of any indebtedness other than rent Rent due hereunder from the Lessee Tenant to the LessorLandlord; second, to the repayment payment of any reasonable costs and expenses of such re-letting, including brokerage fees and solicitors’ fees letting and of costs of such any necessary alterations and repairs; third, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future Rent and other payments as the same may become due and payable hereunder. If such Rent rentals received from such re-letting during any month be are less than that to “be paid during that month by the Lessee Tenant hereunder, the Lessee Tenant shall pay any such deficiency to the LessorLandlord. Such deficiency shall be calculated and paid monthly. Termination may, but need not necessarily, be made effective by the giving of written notice to Tenant of intention to end the Term of this Lease, specifying a day not earlier than five (5) days thereafter, and upon the giving of such notice, the Term of this Lease and all right, title and interest of Tenant hereunder shall expire as fully and completely on the day so specified as if that day were the date herein specifically fixed for the expiration of the Term. No such re-entry or taking of possession of the Leased said Premises by the Lessor Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be is given to the lessee Tenant or unless the termination thereof be is decreed by a court of competent jurisdiction. Notwithstanding any such re-re- letting without termination, the Lessor Landlord may at any time thereafter elect to terminate this Lease for such previous breachDefault. Should the Lessor Landlord at any time terminate this Lease for any breachTenant’s Default, in addition to any other remedies it may have, it Landlord may recover from the Lessee Tenant all damages it may incur by reason of such breachDefault, including the cost of recovering the Leased Premises, reasonable attorney’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of Rent and other charges equivalent to Rent reserved in this Lease for the remainder of the stated Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereofstated Term, all of which amounts shall be immediately due and payable from the Lessee Tenant to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if requiredLandlord.

Right to Re-let. Should the Lessor Landlord may elect to re-enterenter the Premises, as herein provided, or should it take either by taking possession pursuant to legal proceedings or pursuant to any notice provided for by lawotherwise, it and may either terminate this Lease or it may from time to time time, without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let the Leased Premises, and re-let the Leased Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending beyond the Term term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Lessor Landlord in its sole discretion may deem advisable; upon . Upon each such re-letting all rentals and other sums received by the Lessor Landlord from such re-letting shall be applied; , first, to the payment of any indebtedness expenses other than rent Rent due hereunder from the Lessee Tenant to the LessorLandlord; second, to the repayment payment of any reasonable costs and expenses of such re-letting, including reasonable brokerage fees and solicitors’ attorneys' fees and of costs of such alterations and repairsrepairs and costs of moving other tenants in the Building in order to re-let the Premises, such as repairs and alterations to other portions of the Building or reduced rental from other tenants; third, to the payment of Rent and other charges due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future Rent as the same may become due and payable hereunder. If such Rent rentals and other sums received from such re-letting during any month be less than that to be paid during that month by the Lessee Tenant hereunder, the Lessee Tenant shall pay any such deficiency to the LessorLandlord. Such deficiency shall be calculated and paid monthly. Tenant shall in no event be entitled to any rent collected or payable upon any re-letting, whether or not such rent shall exceed the Rent reserved in this Lease. No such re-entry or taking possession of the Leased Premises by the Lessor Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to the lessee Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re-letting without termination, the Lessor Landlord may at any time thereafter hereafter elect to terminate this Lease for such previous breach. Should the Lessor Landlord at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Lessee Tenant all damages it may incur by reason of such breach, including the cost of recovering the Leased PremisesPremises and reasonable attorney's fees, and including the worth at the time of such termination of the excess, if any, of the which amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereof, all of which amounts shall be immediately due and payable from the Lessee Tenant to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if requiredLandlord.

Right to Re-let. Should If the Lessor elect to Landlord re-enter, as herein provided, or should it take possession enters the Leased Premises pursuant to legal proceedings the provisions of either this Lease or pursuant to any notice provided for by applicable law, it may either terminate this Lease or it may from time to time time, without terminating the Tenant's obligations under this Lease, make such any alterations and repairs as may be considered by the Landlord necessary in order to facilitate a re-let the Leased Premisesletting, and re-let the Leased Premises or any part thereof as agent for of the Lessee Tenant for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Lessor Landlord in its sole reasonable discretion may deem considers advisable; upon . Upon each re-letting all rentals Rent and other moneys received by the Lessor Landlord from such the re-letting shall will be applied; first, applied to the payment of any (a) indebtedness other than rent Rent due hereunder from the Lessee Tenant to the Lessor; second, to the repayment of any reasonable Landlord (b) costs and expenses of such the re-letting, letting including brokerage fees, legal fees and solicitors’ fees and of costs of such the alterations and repairs; thirdrepairs and (c) Rent due and unpaid hereunder. The residue, to if any, will be held by the Landlord and applied in payment of future Rent due as the same may become it becomes due and payable hereunderpayable. If such Rent the rent received from such the re-letting during any a month be is less than that the Rent to be paid during that month by the Lessee hereunderTenant, the Lessee Tenant shall pay any such the deficiency to the LessorLandlord. Such The deficiency shall will be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises reentry by the Lessor shall Landlord will be construed as an election on its part to terminate this Lease unless a written notice of such that intention be is given to the lessee or unless the termination thereof be decreed by Tenant. Despite a court of competent jurisdiction. Notwithstanding any such re-letting without termination, the Lessor Landlord may subsequently elect at any time thereafter elect to terminate this Lease for such previous breach. Should the Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Lessee all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the Term hereof over the a breach which is then reasonable rental value of the Leased Premises for the remainder of the Term hereof, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if requiredcontinuing.

Right to Re-let. Should If and whenever the Lessor elect Landlord shall be entitled to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it the Landlord may from time to time without terminating this LeaseLease enter the Leased Premises as the agent of the Tenant either by force or otherwise, without being liable for any prosecution therefor, and make such alterations and repairs as may be are necessary in order to re-let the Leased Premises, and re-let the Leased Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending extend beyond the then current initial Term of this Lease) or extension period and at such rental or rentals Rent and upon such other terms terms, covenants and conditions as the Lessor Landlord in its sole discretion may deem considers advisable; upon . Upon each re-letting such reletting all rentals Rent received by the Lessor Landlord from such re-letting reletting shall be applied; first, firstly to the payment of any indebtedness other than rent Rent due hereunder from the Lessee Tenant to the Lessor; secondLandlord, secondly, to the repayment payment of any reasonable costs and expenses of such re-letting, reletting including brokerage fees and solicitors’ ' fees and the cost of costs of such alterations and repairs; third, thirdly, to the payment of Rent due hereunder, and to residue, if any, shall be held by the Landlord and applied in payment of future Rent as the same may become due and payable hereunder. If hereunder and the Landlord shall not be accountable for any monies except those actually received notwithstanding any act, neglect, omission or default of the Landlord unless such Rent received non-receipt results from such re-letting during any month be less than that to be paid during that month by the Lessee hereunder, negligence of the Lessee shall pay any such deficiency to the Lessor. Such deficiency shall be calculated and paid monthlyLandlord or those for whom it is in law responsible. No such re-entry or taking possession of in the Leased Premises by the Lessor Landlord shall be construed as an election on of its part to terminate this Lease unless a written notice of such intention be termination is given to the lessee or unless the termination thereof be decreed by a court of competent jurisdictionTenant. Notwithstanding any such re-letting without termination,, the Lessor Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Lessee all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereof, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if required.time

Right to Re-let. Should If the Lessor elect to Landlord re-enter, as herein provided, or should it take possession enters pursuant to legal proceedings the provisions of either this Lease or pursuant to any notice provided for by applicable law, it may either terminate this Lease or it may from time to time without terminating the Tenant's obligations under this Lease, make such any alterations and repairs as may be considered by the Landlord necessary in order to facilitate a re-let the Leased Premisesletting, and re-let the Leased Premises or any part thereof hereof as agent for of the Lessee Tenant for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Lessor Landlord, in its sole discretion may deem reasonable discretion, considers advisable; upon . Upon each re-letting letting, all rentals Rent and other monies received by the Lessor from such Landlord form the re-letting shall will be applied; first, : (i) to the payment of any indebtedness other than rent due hereunder from the Lessee Tenant to the Lessor; second, Landlord; (ii) to the repayment payment of any reasonable costs and expenses of such the re-letting, letting including brokerage fees and solicitors’ legal fees and of costs of such the alterations and repairs; third, and (iii) to the payment of Rent due and unpaid hereunder. The residue, if any, will be held by the Landlord and applied in a payment of future Rent as the same may become it becomes due and payable hereunderpayable. If such Rent the rent received from such the re-letting during any a month be is less than that the rent to be paid during that month by the Lessee hereunderTenant, the Lessee Tenant shall pay any such the deficiency to the LessorLandlord. Such The deficiency shall will be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Lessor shall Landlord will be construed as an election on its part to terminate this Lease unless a written notice of such that intention be is given to the lessee or unless the termination thereof be decreed by Tenant. Despite a court of competent jurisdiction. Notwithstanding any such re-letting without termination, the Lessor Landlord may elect at any time thereafter elect to terminate this Lease for such a previous breach. Should If the Lessor at any time terminate Landlord terminates this Lease for any breach, in addition to any other remedies it may have, it may recover from the Lessee Tenant all damages it may incur incurs by reason of such the breach, including the cost of recovering the Leased Premises, reasonable legal fees and including the worth at the time of such termination of the excess, if any, of the amount of Rent rent and charges equivalent to Rent rent reserved in this Lease for the remainder of the Term hereof Term, over the then reasonable rental value of the Leased Premises for the remainder of the Term hereofTerm, all of which amounts shall be immediately due and payable from by the Lessee Tenant to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if requiredLandlord.

Right to Re-let. Should the Lessor Landlord may elect to re-enterenter the Premises, as herein provided, or should it take either by taking possession pursuant to legal proceedings or pursuant to any notice provided for by lawotherwise, it and may either terminate this Lease or it may from time to time time, without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let the Leased Premises, and re-let the Leased Premises or any part thereof as agent for of the Lessee Premises for such term or terms (which may be for a term extending beyond the Term term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Lessor Landlord in its sole discretion may deem advisable; upon . Upon each such re-letting all rentals and other sums received by the Lessor Landlord from such re-letting shall be applied; , first, to the payment of any indebtedness other than rent Rent due hereunder pursuant to this Lease from the Lessee Tenant to the LessorLandlord; second, to the repayment payment of any reasonable costs and expenses of such re-letting, including reasonable brokerage fees and solicitorsattorneys’ fees and of costs of such alterations and repairsrepairs and costs of moving other tenants in the Building in order to re-let the Premises, such as repairs and alterations to other portions of the Building or reduced rental from other tenants; third, to the payment of Rent and other charges due and unpaid under this Lease; and the residue, if any, shall be held by Landlord and applied in payment of future Rent as the same may become due and payable hereunder. If such Rent rentals and other sums received from such re-letting during any month be less than that to be paid during that month by the Lessee Tenant hereunder, the Lessee Tenant shall pay any such deficiency to the LessorLandlord. Such deficiency shall be calculated and paid monthly. Tenant shall in no event be entitled to any rent collected or payable upon any re-letting, whether or not such rent shall exceed the Rent reserved in this Lease. No such re-entry or taking possession of the Leased Premises by the Lessor Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to the lessee Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re-letting without termination, the Lessor Landlord may at any time thereafter hereafter elect to terminate this Lease for such previous breach. Should the Lessor Landlord at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Lessee Tenant all damages it may incur by reason of such breach, including the cost of recovering the Leased PremisesPremises and reasonable attorney’s fees, and including the worth at the time of such termination of the excess, if any, of the which amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereof, all of which amounts shall be immediately due and payable from the Lessee Tenant to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if requiredLandlord.

Right to Re-let. Should the Lessor elect to re-enter, as herein provided, or should it take If LESSOR takes possession pursuant to legal proceedings or pursuant to any notice provided for by lawproceedings, it may either terminate this Lease Lease, or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let the Leased Premises, and re-let the Leased Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending extend beyond the Term of this Leaseprovided herein) and at such rental or rentals and upon such other terms and conditions as the Lessor in its sole discretion LESSOR exercising reasonable business judgment may deem advisabledetermine; upon each re-letting reletting all rentals received by the Lessor from such re-letting LESSOR therefrom shall be applied; first, applied first to the payment of any indebtedness other than rent Rent due hereunder from the Lessee TENANT to the LessorLESSOR; second, second to the repayment of pay any reasonable costs and expenses of such re-lettingreletting, including brokerage reasonable broker’s and reasonable attorney’s fees and solicitors’ fees and of reasonable costs of such alterations alteration and repairs; third, third to the payment of Rent due as the same may become due and payable hereunder. If such Rent received from such re-letting during any month be less than that to be paid during that month by the Lessee hereunder, the Lessee shall pay any such deficiency to the Lessor. Such deficiency shall be calculated and paid monthly. No such re-entry or taking of possession of the Leased Premises by the Lessor LESSOR shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be termination is given to the lessee TENANT by LESSOR. LESSOR shall not make any alterations or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such repairs to re-letting without termination, let the Lessor may at any Premises while TENANT is open for business. Until such time thereafter as LESSOR shall elect to terminate the Lease, TENANT shall pay to LESSOR as the same may become due (a) monthly installments of Rent, including any amounts treated as Additional Rent under this Lease for such previous breach. Should the Lessor at any time terminate this Lease for any breach, in addition to any and other remedies it may have, it may recover from the Lessee all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent sums reserved in this Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereofremaining Term, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunderreasonable attorneys’ fees and brokers’ commissions; and TENANT agrees that LESSOR may file suits from time to time to recover any sums falling due hereunder as they become due. Any net proceeds of reletting by LESSOR in excess of the amount then owed by TENANT to LESSOR from time to time shall be credited against TENANT’s future obligations under this Lease, together with all Additional Rent which would have been payable during after payment of the calendar year cost provided in which this Lease was terminated, prorated over a full calendar year, if requiredthe preceding paragraph.

Right to Re-let. Should the Lessor elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let the Leased Premises, and re-let the Leased Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Lessor in its sole discretion may deem advisable; upon each re-letting all rentals received by the Lessor from such re-letting shall be applied; first, to the payment of any indebtedness other than rent due hereunder from the Lessee to the Lessor; second, to the repayment of any reasonable costs and expenses of such re-letting, including brokerage fees and solicitors’ fees and of costs of such alterations and repairs; third, to the payment of Rent rent due as the same may become due and payable hereunder. If such Rent rent received from such re-letting during any month be less than that to be paid during that month by the Lessee hereunder, the Lessee shall pay any such deficiency to the Lessor. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Lessor shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to the lessee Lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re-letting without termination, the Lessor may at any time thereafter elect to terminate this Lease for such previous breach. Should the Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Lessee all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amount of Rent rent and charges equivalent to Rent rent reserved in this Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereof, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if required.

Right to Re-let. Should the Lessor elect to re-enterLandlord, as herein providedon Tenant's behalf, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating termination of this Lease, make such alterations upon Tenant's default or breach of this Agreement, as set forth in Subparagraph A above, may at Landlord's option, evidenced by Notice to Tenant, terminate Tenant's right to possession and repairs as may be necessary enter upon and re-let the Premises at the price obtainable by reasonable effort, without advertisement, and by private negotiations and for any term Landlord deems proper. If Landlord retakes possession of the Premises for its own account or for the account of Tenant, Landlord shall exercise good faith efforts in order attempting to re-let the Leased Premises, and re-let the Leased Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and to mitigate damages. Tenant shall upon such other terms and conditions as the Lessor in its sole discretion may deem advisable; upon each re-letting all rentals received by the Lessor from such re-letting shall be applied; first, to the payment of any indebtedness other than rent due hereunder from the Lessee to the Lessor; second, to the repayment of any reasonable costs and expenses receipt of such re-letting, including brokerage fees and solicitors’ fees and of costs of such alterations and repairs; third, to the payment of Rent due as the same may become due and payable hereunder. If such Rent received from such re-letting during any month be less than that to be paid during that month by the Lessee hereunder, the Lessee shall pay any such deficiency to the Lessor. Such deficiency shall be calculated and paid monthly. No such re-entry or taking Notice surrender possession of the Leased Premises by to Landlord and remove all of Tenant's effects therefrom and Landlord may forthwith re-enter the Lessor Premises and repossess itself thereof and remove all persons and effects therefrom in accordance with applicable law. Tenant shall be construed as an election on its part liable to terminate this Lease unless a written notice of such intention be given to Landlord for the lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re-letting without termination, the Lessor may at any time thereafter elect to terminate this Lease for such previous breach. Should the Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Lessee all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, and including the worth at the time of such termination of the excessdeficiency, if any, of between the amount of all Rent "reserved" in this Lease and charges equivalent to the Net Rent (defined below), if any, collected by Landlord in reletting the Premises, which deficiency shall be due and payable by Tenant for the period in which Rent reserved in this the Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereof, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable due and payable. "Net Rent" is gross rents collected less all reasonable expenses or costs of whatsoever nature incurred by Landlord in reletting the Premises, including, but not limited to attorneys' fees incurred in retaking possession of the Premises and/or negotiating a new lease for the Premises, broker's commissions with respect to the reletting of the Premises only, rent concessions with respect to the Premises only and the cost of renovating or remodeling the Premises. The term "reserved" as applied to Rent shall mean any and all payments to which Landlord is entitled hereunder during the calendar year in which entire term (Initial Term or Renewal Term, as the case may be) of this Lease was terminated, prorated over a full calendar year, if requiredLease.

Right to Re-let. Should If the Lessor elect Landlord elects to re-enter, enter the Leased Premises as herein provided, provided or should it take takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be are necessary in order to re-let the Leased Premises, and re-let the Leased Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending beyond the Term of this LeaseTerm) and at such rental or rentals rent and upon such other terms terms, covenants and conditions as the Lessor Landlord in its sole discretion may deem discretion, acting reasonably, considers advisable; upon . Upon each re-letting such reletting, all rentals rent received by the Lessor Landlord from such re-letting shall be applied; , first, to the payment of any indebtedness other than rent Basic Rent or Additional Rent due hereunder from the Lessee Tenant to the LessorLandlord; second, to the repayment payment of any reasonable costs and expenses of such re-letting, including brokerage fees and solicitors’ legal fees and of costs of such alterations alterations, repairs and repairsre- letting (including tenant inducements); third, to the payment of Basic Rent and Additional Rent due and unpaid hereunder; and the residue, if any, to the extent applicable to any period of time within the Term, shall be held by the Landlord and applied in payment of future rent as the same may become becomes due and payable hereunder. If such Rent rent to be received from such re-letting during any month be is less than that to be paid during that month by the Lessee Tenant hereunder, the Lessee Tenant shall pay any such deficiency to the Lessor. Such deficiency which shall be calculated and paid monthlymonthly in advance on or before the first day of each and every month. No such re-entry or taking possession of the Leased Premises by the Lessor Landlord shall be construed as an election on its part to terminate this Lease unless a written notice Notice of such intention be is given to the lessee or unless the termination thereof be decreed by a court of competent jurisdictionTenant. Notwithstanding any such re-letting without termination, the Lessor Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Lessee all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereof, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if required.

Right to Re-let. Should the Lessor Landlord elect to re-enter, enter as herein providedprovided in Section 13.1 hereof, or should it Landlord take possession pursuant to legal proceedings or pursuant to any notice provided 24 for by law, it Landlord may either terminate this Lease or it Landlord may from time to time without terminating this Lease, Lease make such alterations and repairs as may be necessary in order to return the Premises to its condition as of the commencement of the term of this Lease, and Landlord shall then have the right to re-let the Leased Premises, and re-let the Leased Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending beyond the Term term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Lessor Landlord in its sole and absolute discretion may deem advisable; upon . Upon each re-letting all rentals received by the Lessor from such re-letting letting, rental income, if any, shall be applied; first, : first to the payment of any indebtedness other than rent Rent due hereunder from the Lessee Tenant to the LessorLandlord; second, to the repayment payment of any reasonable costs and expenses of such re-letting, including brokerage fees and solicitors’ reasonable attorney's fees and of costs of such alterations and repairs; thirdrestoration as provided above, third to the payment of Rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment of future Rent as the same may become due and payable hereunder. If such Rent rentals received from such re-letting during any month be less than that the Rent to be paid by Tenant during that month by the Lessee hereundermonth, the Lessee Tenant shall pay any such deficiency to the LessorLandlord. Such deficiency shall be calculated and paid monthlymonthly in advance on or before the first day of such month. No such re-entry or taking possession of the Leased Premises by the Lessor Landlord shall be construed as an election on its Landlord's part to terminate this Lease unless a written notice of such intention be given to the lessee Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re-letting without termination, the Lessor Landlord may at any time thereafter elect to terminate this Lease for such any previous breachbreach of any term or provision of this Lease. Should the Lessor Landlord at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Lessee Tenant all damages it may incur by reason of such breach, including the cost of recovering possession of the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereof, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if requiredattorneys' fees incidental thereto.

Right to Re-let. Should the Lessor Landlord elect to re-enter, as herein provided, provided or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let the Leased Premises, and re-let the Leased Premises or any part thereof as agent for the Lessee Tenant for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Lessor Landlord in its sole discretion may deem advisable; upon each such re-letting all rentals received by the Lessor Landlord from such re-letting shall be applied; , first, to the payment of any the indebtedness other than rent due hereunder from the Lessee Tenant to the LessorLandlord; second, to the repayment payment of any reasonable costs and expenses of such re-letting, including brokerage fees and solicitors’ ' fees and of costs of such alterations and repairs; third, third to the payment of Rent rent due and unpaid hereunder and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such Rent rentals received from such re-letting during any month be less than that to be paid during that month by the Lessee Tenant hereunder, the Lessee Tenant shall pay any such deficiency to the LessorLandlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Lessor Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to the lessee Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re-letting without termination, the Lessor Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Lessee Tenant all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amount of Rent rent and charges equivalent to Rent rent reserved in this Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereof, all of which amounts shall be immediately due and payable from the Lessee Tenant to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if requiredLandlord.

Right to Re-let. Should a) If the Lessor elect Landlord elects to re-enter, as herein providedenter the Leased Premises, or should if it take takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, Lease make such any alterations and repairs as may be are necessary in order to re-let the Leased Premises, and re-let the Leased Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Lessor in its sole discretion may deem advisable; upon . Upon each re-letting all rentals rent received by the Lessor from such re-letting shall Landlord will be applied; first, first to the payment of any indebtedness other than rent Basic Rent or Additional Rent due hereunder from the Lessee Tenant to the LessorLandlord; second, to the repayment payment of any reasonable costs and expenses of such re-letting, letting including brokerage fees and solicitors’ solicitor’s fees and of the costs of such alterations and repairs; third, to the payment of Basic Rent and Additional Rent due and unpaid hereunder; and the residue, if any will be held by the Landlord and applied in payment of future rent as the same may become due and it becomes payable hereunder. If such Rent the rent received from such a re-letting during any month be is less than that to be paid during that month payable by the Lessee hereunderTenant under the terms of this Lease, then the Lessee shall Tenant will pay any such the deficiency to in advance on the Lessor. Such deficiency shall be calculated and paid monthlyfirst day of each month. No such re-entry or taking possession of the Leased Premises by the Lessor shall will be construed as an election on its part to terminate this Lease unless a written notice of such that intention be is given to the lessee or unless the termination thereof be decreed by a court of competent jurisdictionTenant. Notwithstanding any such re-letting without termination, the Lessor Landlord may at any time thereafter elect to terminate this Lease for such the previous breach. Should the Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Lessee all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereof, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if required.

Right to Re-let. Should the Lessor Landlord elect to re-enterenter for Tenant’s Default, as herein providedprovided hereinabove, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it Landlord may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let the Leased Premises, and re-let the Leased said Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Lessor Landlord in its sole discretion may deem advisable; upon each such re-letting all rentals rental received by the Lessor Landlord from such re-letting shall be applied; , first, to the payment of any indebtedness other than rent Rent due hereunder from the Lessee Tenant to the LessorLandlord; second, to the repayment payment of any reasonable costs and expenses of such re-letting, including brokerage fees and solicitors’ fees letting and of costs of such any necessary alterations and repairs; third, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future Rent and other payments as the same may become due and payable hereunder. If such Rent rentals received from such re-letting during any month be are less than that to be paid during that month by the Lessee Tenant hereunder, the Lessee Tenant shall pay any such deficiency to the LessorLandlord. Such deficiency shall be calculated and paid monthly. Termination may, but need not necessarily, be made effective by the giving of written notice to Tenant of intention to end the Term of this Lease, specifying a day not earlier than five (5) days thereafter; and upon the giving of such notice, the Term of this Lease and all right, title and interest of Tenant hereunder shall expire as fully and completely on the day so specified as if that day were the date herein specifically fixed for the expiration of the Term. No such re-entry or taking of possession of the Leased said Premises by the Lessor Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be is given to the lessee Tenant or unless the termination thereof be is decreed by a court of competent jurisdiction. Notwithstanding any such re-letting without termination, the Lessor Landlord may at any time thereafter elect to terminate this Lease for such previous breachDefault. Should the Lessor Landlord at any time terminate this Lease for any breachTenant’s Default, in addition to any other remedies it may have, it Landlord may recover from the Lessee Tenant all damages it may incur by reason of such breachDefault, including the cost of recovering the Leased Premises, reasonable attorney’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of Rent and other charges equivalent to Rent reserved in this Lease for the remainder of the stated Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereofstated Term, all of which amounts shall be immediately due and payable from the Lessee Tenant to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if requiredLandlord.

Right to Re-let. Should the Lessor Landlord elect to re-enter, enter as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease lease or it may from time to time without terminating this Leasethe lease, make such alterations and repairs as may be necessary in order to re-let the Leased Premises, and re-let the Leased Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending beyond the Term term of this Leaselease) and at such rental or rentals and upon such other terms and conditions as the Lessor Landlord in its sole discretion may deem advisable; upon each such re-letting all rentals received by the Lessor Landlord from such re-letting shall be applied; first, applied to the payment of any indebtedness other than rent amounts due hereunder from the Lessee Tenant to the Lessor; second, to the repayment of any reasonable costs and expenses of such re-letting, including brokerage fees and solicitors’ fees and of costs of such alterations and repairs; third, to the payment of Rent due as the same may become due and payable Landlord hereunder. If such Rent rentals received from such re-letting during any month be less than that to be paid during that month by the Lessee Tenant hereunder, the Lessee Tenant shall pay any such deficiency to the LessorLandlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Lessor Landlord shall be construed as an election on its part to terminate this Lease lease unless a written notice of such intention be given to the lessee or unless the termination thereof be decreed by a court of competent jurisdictionTenant. Notwithstanding any such re-letting without termination, the Lessor Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Lessor at any time terminate this Lease lease for any breach, and, in addition to any other remedies it may have, it may recover from the Lessee Tenant all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable solicitor's fees and including the worth at the time of such termination present value of the excessunpaid rent, if any, additional rent and other charges for the unexpired term of the amount of Rent and charges equivalent to Rent reserved in this Lease for lease less the remainder of the Term hereof over the then reasonable actual rental value of the Leased Premises for the remainder of the Term hereofthat period, all of which amounts amount shall be immediately due and payable from the Lessee Tenant to the LessorLandlord. In determining any of the Rent which would be payable by events referred to in subsection 9(a) above in addition to any and all other rights, including the Lessee hereunder, subsequent rights referred to defaultin this subsection and in subsection 9(a) hereof, the annual Rent for each year full amount of the unexpired Term shall current month's rent, and any other payments required to be equal to made monthly hereunder and the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding next three (3) full calendar yearsmonth's fixed minimum rent and such payments shall immediately become due and payable, whichever period is shorter; and (b) Gross Rent payable hereunderLandlord may immediately distrain for the same, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if requiredany arrears then unpaid.

Right to Re-let. Should If the Lessor elect Landlord elects to re-enter, repossess the Leased Premises as herein provided, or should if it take takes possession pursuant to legal proceedings proceedings, or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time time, without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let the Leased Premises, and re-let the Leased Premises or any part thereof as agent thereof, either in the name of the Landlord or otherwise for the Lessee for such a term or terms (which may may, if the Landlord chooses, be for a term extending beyond less or greater than the balance of the Term of this Lease) and at such rental or rentals rent and upon such other terms and conditions as the Lessor Landlord, in its sole discretion discretion, deems advisable, and the Landlord may deem advisable; upon grant reasonable concessions in connection therewith. Upon each such re-letting all rentals rent received by the Lessor Landlord from such re-letting shall be applied; first, applied firstly to the payment of any indebtedness indebtedness, other than rent rent, due hereunder from the Lessee Tenant to the Lessor; secondLandlord, secondly to the repayment payment of any reasonable costs and expenses of such re-letting, including legal costs, legal fees and brokerage fees and solicitors’ fees the expenses of keeping the Leased Premises in good order and of costs of such alterations and repairs; thirdpreparing the Leased Premises for re-letting, thirdly to the payment of Rent rent due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become becomes due and payable hereunder. If such Rent rentals received from such re-letting during any month be less than that to be paid during that month by the Lessee hereunderTenant, the Lessee Tenant shall pay any such deficiency to the LessorLandlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Lessor Landlord shall be construed constituted as an election on its part to terminate this Lease unless a written notice of such intention be in accordance with the present Section is given to the lessee or unless the termination thereof be decreed by a court of competent jurisdictionTenant. Notwithstanding any such re-letting letting, without termination, in accordance with the Lessor may present Section, the Landlord may, at any time thereafter thereafter, elect to terminate this Lease for such a previous breach. Should the Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Lessee all damages it may incur by reason Event of such breach, including the cost of recovering the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereof, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if requiredDefault.