Common use of Right to Relet Clause in Contracts

Right to Relet. If the Landlord elects to re-enter the Demised Premises as herein provided, or if it 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 are necessary in order to relet the Demised Premises or any part thereof for such term or terms (which may be for a term extending beyond the Term) and at such Rent and upon such other terms, covenants and conditions as the Landlord in its sole discretion considers advisable. Upon each such reletting all rent received by the Landlord from such reletting shall be applied first, to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, and solicitor’s fees and of costs of such alterations and repairs; third, to the payment of 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 becomes due and payable hereunder. If such Rent received from such reletting during any month is less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every month. No such re-entry or taking possession of the Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Landlord at any time terminates this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) 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 required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the Landlord elects to re-enter enters the Demised Premises as herein above provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by lawotherwise, it may either terminate this Lease, but Tenant shall remain liable for all obligations arising during the balance of the original stated term as hereafter provided as if this Lease had remained in full force and effect, or it may may, from time to time time, without terminating this Lease Lease, make such alterations and repairs as are necessary in order it deems advisable to relet the Demised Premises, and relet the Premises or any part thereof for such term or terms (which may be for a term extending extend beyond the Lease Term) and at such Rent rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers deems advisable. Upon ; upon each such reletting all rent rentals received by the Landlord from such reletting therefrom shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of pay any costs and expenses of such reletting, including brokerage fees, brokers and solicitor’s attorneys’ 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 the Landlord and applied in payment of future rent as the same it becomes due and payable hereunder. If such Rent rentals received from such reletting during any month is are less than that to be paid during that month by the Tenant hereunder, the Tenant shall immediately pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every monthto Landlord. No such re-entry or taking possession of the Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention termination is given to the Tenantby Landlord. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breachany prior breach or default. If the Landlord at any time terminates this Lease for any breach, or otherwise takes any action on account of Tenant’s breach or default hereunder, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs incurred by reason of such breachbreach or default, including the cost of recovering the Demised Premises, solicitor’s brokerage fees (on a solicitor and client basis) expenses of placing the Premises in rentable condition, attorneys’ fees, and including an amount equal to the worth at difference between the time Minimum Rent and all items of such termination additional rents reserved hereunder for the period which otherwise would have constituted the balance of the excess, if any, of the amount of Rent Lease Term and charges equivalent to Rent required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable present rental value of the Demised Premises for the remainder of the stated Termsuch period, all of which amounts shall be immediately due and payable by the Tenant both discounted in accordance with accepted financial practice to the Landlord. In any events referred then present worth, at the average rate established and announced for United States Treasury Bills, with a maturity of thirteen (13) weeks at the four (4) weekly auctions held immediately prior to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), date of such termination [the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rentfour (4) week average bill rate], all of which shall immediately be due and payable by Tenant to Landlord. In determining the rental value of the Premises, the rental realized by any reletting, if such reletting be accomplished by Landlord within a reasonable time after the termination of this Lease, shall be deemed prima facie to be the rental value, but if Landlord shall not undertake to relet or having undertaken to relet, has not accomplished reletting, then it will be conclusively presumed that the Minimum Rent and all items of additional rent reserved under this Lease represent the rental value of the Premises for the purposes herein (in which event Landlord may recover from Tenant, the full total of all Minimum Rent and all items of additional rent due hereunder, discounted to present value as hereinbefore provided). Landlord shall, however, account to Tenant for the Minimum Rent and additional rents received from persons using or occupying the Premises during the period representing that which would have constituted the balance of the Lease Term, but only at the end of said period, and only if Tenant shall have paid to Landlord its damages as provided herein, and only to the extent of sums recovered from Tenant as Landlord’s damages, Tenant waiving any claim to any surplus. Nothing herein contained, however, shall limit or prejudice the right of Landlord to prove and obtain as damages by reason of such termination, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved. Tenant’s obligation to reimburse Landlord for attorneys’ fees as referred to in this Lease shall include all legal costs, fees and expenses arising out of (i) Tenant’s default in the performance or observance of any of the terms, covenants, conditions or obligations contained in this Lease and Landlord places the enforcement of all or any part of this Lease, the collection of any rent due or to become due or the recovery of possession of the Premises in the hands of an attorney or (ii) Landlord’s incurring any fees or out of pocket costs in any litigation, negotiation or transaction in which Tenant causes Landlord to be involved or concerned, in either event regardless of whether or not suit is actually filed. In the event of any breach or threatened breach by Tenant of any of the terms and provisions of this Lease, Landlord shall have the right to injunctive relief as if no other remedies were provided for herein for such breach. Any rights and remedies reserved by, or granted to, Landlord under this Lease, at law or in equity, are distinct, separate and cumulative, and the exercise of any one of them shall not be deemed to be accruing due preclude, waive or prejudice Landlord’s right to exercise any or all others. Tenant expressly waives any right to assert a defense based on a day-to-day basismerger and agrees that neither the commencement of any action or proceeding, nor the settlement thereof, nor the entry of judgment therein, shall immediately become due bar Landlord from bringing any subsequent actions or proceedings from time to time. Wherever in this Lease Landlord has reserved or is granted the right of “reentry” into the Premises, the use of such word is not intended, nor shall it be construed, to be limited to its technical legal meaning. Tenant waives and payable as accelerated Rentreleases any claim arising out of or related to the payment of percentage rent by any successor tenant in the Premises, and the to whom Landlord may immediately distrain for relet the samePremises, together but nothing contained herein shall obligate Landlord to relet if Tenant shall default hereunder. Except as otherwise specifically required by this Lease, Tenant waives any and all statutory and legal notice requirements. Any action, suit or proceeding relating to, arising out of or in connection with the terms, conditions and covenants of this Lease may be brought by Landlord against Tenant in the Circuit or Superior Court of Marion County, Indiana. Tenant hereby waives any arrears then unpaidobjection to jurisdiction or venue in any proceeding before said Court. Nothing contained herein shall affect the right of Landlord to bring any action, suit or proceeding against Tenant in the courts of any other jurisdictions.

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises enter, as herein provided, or if should it takes 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 time, without terminating this Lease Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Leased Premises, and relet said Leased Premises or any part thereof for such term or terms (which may be for a term extending beyond the Termterm of this Lease) and at such Rent rent and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers may deem advisable. Upon each such reletting all rent rents and other sums received by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees, and solicitor’s fees and of attorneys’ fees and the costs of such any alterations and repairs; third, to the payment of Rent rent and other charges 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 becomes may become due and payable hereunder. If such Rent rents and other sums received from such reletting during any month is be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to Landlord; if such rents and the sums shall be more, Tenant shall have no right to, and shall receive no credit for, the excess. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless the Tenanttermination thereof is decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Should Landlord at any time terminates terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Leased Premises, solicitor’s fees (on a solicitor and client basis) reasonable attorneys’ 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 required to be paid pursuant to rent reserved in this Lease for the remainder of the stated Term term over the then reasonable rental value of the Demised Leased Premises for the remainder of the stated Termterm, all of which amounts shall be immediately due and payable by the from Tenant to the Landlord. In determining the rent which would be payable under this Lease by Tenant subsequent to default, the percentage rent for each year of the unexpired portion of the term shall be equal to the average percentage rent payable by Tenant from the commencement of the term to the time of default, or during the preceding three (3) full Lease Years, whichever period is shorter. The failure or refusal of Landlord to relet the Leased Premises shall not affect Tenant’s liability. The terms “entry” and “re-entry” are not limited to their technical meanings. Nothing contained in this Lease shall be construed to limit or prejudice the right of Landlord to prove for and obtain as damages by reason of the termination of this Lease or re-entry of the Leased Premises for the default of Tenant under this Lease an amount equal to the maximum allowed by any events referred statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to in Section 11.1(e)be proved, in addition to whether or not such amount shall be greater than any and all other rights, including of the rights sums referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid19.02.

Right to Relet. If the Landlord elects to re-enter the Demised Leased Premises as herein providedprovided in this Lease, or if it 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 alterations and repairs as are necessary in order to relet the Demised Premises Leased Premises, or any part thereof for such term or terms (which may be for a term extending beyond the Term) and at such Rent rent and upon such other terms, covenants and conditions as the Landlord in its sole and reasonable discretion considers advisable. Upon each such reletting all rent received by the Landlord from such reletting shall be applied firstapplied, first to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, second to the payment of any costs and expenses of such reletting, reletting including brokerage fees, fees and solicitor’s fees and of costs of such alterations and repairs; third, to the payment of Rent Minimum Rent, Additional Rent, and other monies payable under this Lease which are 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 becomes due and payable hereunder. If such Rent rent received from such reletting during any month is less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every month. No such re-entry or taking possession of the Demised Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Landlord The Landlord, at any time terminates this Lease for any breachtime, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including . Upon the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) and including the worth at the time of such termination occurrence or any of the excess, if any, of the amount of Rent and charges equivalent to Rent required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred to in Section 11.1(e), 13.03 and in addition to any and all other rights, including the rights referred to in this Section Sections 13.03 and in Section 11.1(e)13.04 hereof, the full amount of the current month’s instalment of Minimum Rent and the aggregate of the monthly contributions towards Taxes, the Tenant’s Proportionate Share of Operating Costs, Additional Rent and any other payments required to be made monthly hereunder, together with the next three (3) months instalments for Additional of Minimum Rent, Additional Rent and such aggregate payments of Additional Rent for the next three (3) months, (all of which shall be deemed to be accruing due on a day-to-day basis, ) shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaidrent.

Right to Relet. If the Should Tenant be in default as provided in Section 18.1 above and Landlord elects to re-enter reenter the Demised Premises Premises, as herein provided, or if should it takes take possession of the Premises pursuant to legal proceedings or pursuant to any notice provided for by law, or should Tenant fail to cure a default (after expiration of the applicable notice period) it may either terminate this Lease or it may may, from time to time without terminating this Lease Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Premises, and relet the Premises or any part thereof for such term or terms (which may be for a term extending beyond the Lease Term) and at such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord Landlord, in its sole discretion considers may deem advisable. Upon each such reletting reletting, all rent rentals, and other consideration, received by the Landlord from such reletting therefrom shall be applied applied: first, to the payment of any indebtedness other than Base Rent due hereunder from the Tenant to the Landlord; second, to the payment of pay any actual and reasonable costs and expenses of such reletting, including brokerage Additional Rent, concessions, or abatements, actual and reasonable brokers' fees and attorneys' fees, and solicitor’s fees and of costs of such alterations and repairsrepairs (Tenant shall not be liable for any such cost or expense if caused by Landlord) provided that the cost of such alterations, for purposes of this section, shall not exceed the cost of restoring the Premises to so called "Vanilla Shell" condition (hereinafter defined); third, to the payment of Base Rent due and unpaid hereunder; and the residue, if any, shall be held by the Landlord and applied in payment of future rent Base Rent as the same becomes may become due and payable hereunder. If such Rent received from such reletting during any month is less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every month. No such re-entry or taking possession of the Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Landlord at any time terminates this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) 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 required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid."

Right to Relet. If the Landlord elects to re-enter terminate Tenant’s right to possession of the Demised Leased Premises as herein provided, or if it 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, but elects not to pursue the remedies set forth in Section 7.2.4, Tenant shall continue to be liable for all Rent and Landlord shall make such alterations and repairs as are necessary in order reasonable efforts to relet the Demised Premises Leased Premises, or any part thereof for such term thereof, to a substitute tenant or terms (which may be tenants, for a term extending beyond period of time equal to or lesser or greater than the Term) and at such Rent and upon such other terms, covenants remainder of the Term on market terms and conditions as Landlord, at Landlord’s sole discretion, deems advisable. Tenant shall be given a credit against the Rent due from Tenant to Landlord during the remainder of the Term in the net amount of rent received from the new tenant; however, the net amount of rent received from the new tenant shall first be applied to: (i) the costs incurred by Landlord in its sole discretion considers advisable. Upon each such reletting the Leased Premises (including, without limitation, all rent received by the Landlord from such reletting shall be applied first, to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, legal fees, advertising costs and solicitor’s fees the like and, if Landlord restores the Leased Premises to Building standard condition, normal wear and of costs of such alterations and repairs; thirdtear excepted, the cost to do so); (ii) the payment of Rent due accrued and unpaid hereunder; sums, plus interest and late charges if in arrears, due under the residue, if any, shall be held by the Landlord and applied in payment terms of future rent as the same becomes due and payable hereunder. If such Rent received from such reletting during any month is less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day this Lease; (iii) Landlord’s cost of each and every month. No such re-entry or taking recovering possession of the Demised Leased Premises; and (iv) the cost of storing any of Tenant’s property left on the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenantafter reentry. Notwithstanding any such reletting without termination the of this Lease, Landlord may at any time thereafter elect to terminate this Lease exercise its rights under Section 7.2.4 for such previous breach. If the Landlord at Notwithstanding any time terminates this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) 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 required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to provision in this Section and in Section 11.1(e)7.2.5 to the contrary, upon the full amount default of any substitute tenant or upon the expiration of the current monthlease term of such substitute tenant before the expiration of the Term, Landlord may, at Landlord’s instalment of Additional Rent and any other payments required election, either relet to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaidstill another substitute tenant or exercise its rights under Section 7.2.4.

Right to Relet. (a) If the Landlord elects to re-enter the Demised Leased Premises as herein provided, or if it 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 are necessary in order to relet the Demised Premises Leased Premises, or any part thereof thereof, for such term or terms (which may be for a term extending beyond the Term) and at such Rent rent and upon such other terms, covenants and conditions as the Landlord in its sole discretion considers advisable. Upon each such reletting all rent Rent received by the Landlord from such reletting shall will be applied firstapplied, first to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, fees and solicitor’s 's fees and of the costs of such alterations and repairs; third, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall will be held by the Landlord and applied in payment of future rent Rent as the same becomes due and payable hereunder. If such Rent the rent received from such reletting during any month is less than that to be paid during that month payable by the Tenant hereunderunder the terms of this Lease, the Tenant shall will pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every month. No such re-entry or taking possession of the Demised Leased Premises by the Landlord shall will be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination the Landlord may at any time thereafter elect to terminate this Lease for such the previous breach. . (b) If the Landlord at any time terminates this Lease for any breachLease, in addition to any other remedies it may have, it the Landlord may recover from the Tenant all damages it incurs by reason of such the Tenant's breach, including the cost of recovering the Demised Leased Premises, solicitor’s 's fees (on a solicitor and his client basis) and including the worth at the time of such termination of the excess, if any, of the amount of Basic Rent, Additional Rent and other charges equivalent to Rent required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Leased Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any of the events referred to in Section 11.1(e)13.1, in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e)13.1, the full amount of the current month’s instalment 's installment of Basic Rent and all Additional Rent payments for the current month and any other payments required to be made monthly hereunder, together with the next three months instalments (3) months' installments of Basic Rent and all Additional Rent and such other payments for Additional Rentthe next three (3) months, all of which shall will be deemed to be accruing due on a day-to-day basis, shall will immediately become due and payable as accelerated Rentrent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises enter, as herein provided, or if should it takes 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 may, from time to time without terminating this Lease lease, make such alterations alteration and repairs as are may be necessary in order to relet the Demised Premises premises, and relet said premises or any part thereof for such term or terms (which may be for a term extending beyond the Termterm of this lease) and at such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers may deem advisable. Upon ; upon each such reletting all rent rentals received by the Landlord from for such reletting shall be applied first, first to the payment of any indebtedness other than Rent rent due and unpaid hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, fees and solicitor’s attorney's fees and of costs of such alterations and repairs; third, to the payment of Rent or rent due and unpaid hereunder; , and the residue, if any, shall be held by the Landlord Land lord and applied in payment of future rent as the same becomes may become due and payable hereunder. If such Rent rentals received from such reletting during any month is less be LESS than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to Landlord. Such Deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Premises said premises by the Landlord shall be construed as an election on its part to terminate this Lease lease unless a written notice of such intention is be given to Tenant or unless the Tenanttermination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the termination, Landlord may may, at any time thereafter thereafter, elect to terminate this Lease lease for such previous breach. If the Landlord Should Landlord, at any time terminates terminate this Lease lease for any breach, in addition to any other remedies it at may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Premisesleased premises,* -reasonable attorney's fees, solicitor’s fees (on a solicitor and client basis) 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 required to be paid pursuant to rent reserved in this Lease lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Termterm, all of which amounts shall be immediately due and payable by the from Tenant to the Landlord. In any events referred determining the rent which would be payable by Tenant hereunder, subsequent to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e)default, the full amount annual rent for each year of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which unexpired term shall be deemed equal to be accruing due on a day-to-day basisthe average annual minimum percentage and additional rents paid by Tenant from the commencement of the term to the time of default, shall immediately become due and payable as accelerated Rentor during the preceding three full calendar years, and the Landlord may immediately distrain for the same, together with any arrears then unpaidwhichever period is shorter.

Right to Relet. If Should the Landlord elects elect to re-enter the Demised Premises enter, as herein provided, or if should it takes 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 are may be necessary in order to relet the Demised Premises Property, and may relet, as agent of the Tenant, the Property or any part thereof for such term or terms (which may be for a term extending beyond the TermTerm of this Lease) and at such Rent rent and upon such other terms, covenants terms and conditions as the Landlord Landlord, acting reasonably, in its sole discretion considers discretion, may deem advisable. Upon each such reletting all rent received by the Landlord from such reletting for the unexpired portion of the Term shall be applied applied, first, to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, fees and solicitor’s 's fees and of costs of such alterations and repairs; thirdsecond, to the payment of Basic Annual 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 Basic Annual Rent and Additional Rent as the same becomes may become due and payable hereunder. If such Rent payments received from such reletting during any month is are less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to the Landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Premises Property by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Landlord at any time terminates this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) 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 required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises reenter, as herein provided, or if should it takes 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 Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Leased Premises, and relet the Leased Premises or any part thereof for such term or terms (which may be for a term extending beyond the Termterm of this Lease) and at such Rent and rental or rentals upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers advisable. Upon may deem advisable upon each such reletting all rent reletting. All rentals received by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, and solicitor’s 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 the Landlord and applied in payment of future rent as the same becomes may become due and payable hereunder. If such Rent rentals received from such reletting during any the month is be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to Landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Premises said premises by the Landlord shall be construed as an election on in its part to terminate this Lease unless a written notice of such intention is be given to Tenant or unless the Tenanttermination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Should Landlord at any time terminates reenter or terminate this Lease for any breachbreach set forth in Section 9.1 above, in addition to any other remedies it may have, it Landlord may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor Leased Premises and client basis) 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 required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of attorney's fees. All which amounts shall be immediately due and payable by the from Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises reenter, as herein provided, or if should it takes 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 Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Leased Premises, and relet the Leased Premises or any part thereof for such term or terms (which may be for a term extending beyond the TermTerm of this Lease) and at such Rent and rental or rentals upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers advisable. Upon may deem advisable upon each such reletting all rent reletting. All rentals received by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, and solicitor’s 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 the Landlord and applied in payment of future rent as the same becomes may become due and payable hereunder. If such Rent rentals received from such reletting during any the month is be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to Landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised said Leased Premises by the Landlord shall be construed as an election on in its part to terminate this Lease unless a written notice of such intention is be given to Tenant or unless the Tenanttermination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Should Landlord at any time terminates reenter or terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor Leased Premises and client basis) 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 required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of attorney's fees. All which amounts shall be immediately due and payable by the from Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises enter, as herein provided, or if should it takes 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 time, without terminating this Lease Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Leased Premises, and relet said Leased Premises or any part thereof for such term or terms (which may be for a term extending beyond the Termterm of this Lease) and at such Rent rent and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers may deem advisable. Upon each such reletting all rent rents and other sums received by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees, and solicitor’s fees and of attorneys’ fees and the costs of such any alterations and repairs; third, to the payment of Rent rent and other charges 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 becomes may become due and payable hereunder. If such Rent rents and other sums received from such reletting during any month is be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to Landlord; if such rents and the sums shall be more, Tenant shall have no right to, and shall receive no credit for, the excess. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless the Tenanttermination thereof is decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Should Landlord at any time terminates terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Leased Premises, solicitor’s fees (on a solicitor and client basis) reasonable attorneys’ 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 required to be paid pursuant to rent reserved in this Lease for the remainder of the stated Term term over the then reasonable rental value of the Demised Leased Premises for the remainder of the stated Termterm, all of which amounts shall be immediately due and payable by the from Tenant to the Landlord. In determining the rent which would be payable under this Lease by Tenant subsequent to default, the percentage rent for each year of the unexpired portion of the term shall be equal to the average percentage rent payable by Tenant from the commencement of the term to the time of default, or during the preceding three (3) full Lease Years, whichever period is shorter. The failure or refusal of Landlord to relet the Leased Premises shall not affect Tenant’s liability. The terms “entry” and “re-entry” are not limited to their technical meanings. Nothing contained in this Lease shall be construed to limit or prejudice the right of Landlord to prove for and obtain as damages by reason of the termination of this Lease or re-entry of the Leased Premises for the default of Tenant under this Lease an amount equal to the maximum allowed by any events referred statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to in Section 11.1(e)be proved, in addition to whether or not such amount shall be greater than any and all other rights, including of the rights sums referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.19.02. S25 COMMON AREA CHARGE

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises enter, as herein provided, or if should it takes take possession pursuant to legal proceedings proceeding or pursuant to any notice provided for by law, it Landlord may either terminate this Lease or it may may, from time to time time, without terminating this Lease Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Leased Premises and may relet said Leased Premises or any part thereof for such term or terms (which may be for a term extending beyond the Termterm of this Lease) and at such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers may deem advisable. Upon ; and upon each such reletting all rent received by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness other than Rent rent, due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, and solicitor’s fees attorney's fees, free rent 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 the Landlord and applied in payment of future rent as the same becomes may become due and payable hereunder. If such Rent rent received from such reletting during any month is shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to Landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised said Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is be given to Tenant or unless the Tenanttermination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the termination, Landlord may may, at any time thereafter thereafter, elect to terminate this Lease for such previous breachdefault. If the Should Landlord at any time terminates terminate this Lease for any breachdefault, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breachdefault, including the cost of recovering the Demised Leased Premises, solicitor’s fees (on a solicitor and client basis) reasonable attorneys 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 required to be paid pursuant to rent reserved in this Lease for the remainder of the stated Term term over the then reasonable rental value of the Demised Leased Premises for the remainder of the stated Termterm, all of which amounts shall be immediately due and payable by the from Tenant to the Landlord. In any events referred determining the rent which would be payable by Tenant hereunder, subsequent to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e)default, the full amount annual rent for each year of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which unexpired term shall be equal to the average annual Minimum Rent payable by Tenant from the commencement of the term to the time of default, or during the preceding three full calendar years, whichever period is shorter. If Landlord terminates this Lease as a result of a default by Tenant under this Lease, Landlord agrees to use reasonable efforts to re-let the Leased Premises, which reasonable efforts will be deemed to be accruing due on satisfied if Landlord lists the Leased Premises for re-letting with a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.local real estate broker. INTIALS: LANDLORD RB TENANT DL

Right to Relet. If the Landlord elects to re-enter enters the Demised Premises as herein above provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by lawotherwise, it may either terminate this Lease or it may may, from time to time time, without terminating this Lease Lease, make such alterations and repairs as are necessary in order it deems advisable to relet the Demised Premises, and relet the Premises or any part thereof for such term or terms (which may be for a term extending extend beyond the Lease Term) and at such Rent rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers deems advisable. Upon ; upon each such reletting all rent rentals received by the Landlord from such reletting therefrom shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of pay any costs and expenses of such reletting, including brokerage feeswithout limitation, brokers and solicitor’s attorneys' fees and of costs of such advertising, alterations and repairs; 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 it becomes due and payable hereunder. Landlord shall use reasonable efforts to mitigate any damages resulting from Tenant's default including reasonable efforts to relet the Premises upon commercially reasonable terms in accordance with then currently market conditions. Landlord shall not, however, be required to give the Premises preference over other space in the Center in attempting to re-let the same. If such Rent rentals received from such reletting during any month is are less than that to be paid during that month by the Tenant hereunder, the Tenant shall immediately pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every monthto Landlord. No such re-entry or taking possession of the Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention termination is given to the Tenant. Notwithstanding any such reletting without termination the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Landlord at any time terminates this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) 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 required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the Landlord elects Should landlord elect to re-enter the Demised Premises enter, as herein provided, provided or if should it takes take possession pursuant pumuant 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 time, without terminating this Lease Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Leased Premises, and relet said Premises or any part thereof for such term or terms (which may be for a term extending beyond the Termterm of the Lease) and at such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers may deem advisable. Upon each such reletting all rent rentals and other sums received by the Landlord from such reletting relctting shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlordlandlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees, fees and solicitor’s attorneys' fees and of costs of such alterations and repairs; third, to the payment paynent of Rent rent and other charges 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 becomes may become due and payable hereunder. If such Rent rentals and other sums received from such reletting during any month is be less than that to be paid Paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to Landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Landlord at any time terminates this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Leased Premises, solicitor’s fees (on a solicitor and client basis) reasonable attorneys' 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 required to be paid pursuant to rent reserved in this Lease for the remainder of the stated Term term over the then reasonable rental value of the Demised Leased Premises for the remainder of the stated Termterm, all of which amounts shall be immediately due and payable by the monthly from Tenant to the Landlord. In any events referred determining the rent which would be payable by Tenant thereunder, subsequent to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e)default, the full amount annual rent for each year of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which unexpired term shall be deemed equal to be accruing due on a day-to-day basisthe average annual minimum and percentage rents, shall immediately become due and payable as accelerated Rentif any, and paid by Tenant from the Landlord may immediately distrain for commencement of the sameterm to the time of default, together with any arrears then unpaidor during the preceding three (3) fial calendar years, whichever period is shorter.

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises reenter, as herein provided, or if should it takes 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 time, without terminating this Lease Lease, make such reasonable alterations and repairs as are may be necessary in order to relet the Demised Premises premises, and relet said premises or any part thereof for such term or terms (which may be for a term extending beyond the Termterm of this Lease) and at such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers may deem advisable. Upon each such reletting all rent rentals and other sums received by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of any reasonable costs and expenses of such reletting, including reasonable brokerage fees, fees and solicitor’s attorney's fees and of costs of such alterations and repairsrepairs limited to the costs required to restore the Leased Premises to its original condition; third, to the payment of Rent rent and other charges 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 becomes may become due and payable hereunder. If such Rent rentals and other sums received from such reletting during any month is be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to Landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry reentry or taking possession of the Demised Premises said premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is to be given to Tenant or unless the Tenanttermination thereof be decreed by a Court of competent jurisdiction. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter hereafter elect to terminate this Lease for such previous breach. If the Should Landlord at any time terminates terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason reasons of such breach, including the reasonable cost of recovering the Demised Leased Premises, solicitor’s fees (on a solicitor and client basis) reasonable attorney's fees, if awarded by any court subject to Section 16.03 below, 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 required to be paid pursuant to rent reserved in this Lease for the remainder of the stated Term term over the then reasonable rental value of the Demised Leased Premises for the remainder of the stated Termterm, all of which amounts shall be immediately due and payable by the from Tenant to the Landlord. In any events referred determining the rent which would be payable by Tenant hereunder, subsequent to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e)default, the full amount annual rent for each year of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which unexpired term shall be deemed equal to be accruing due on a day-to-day basisthe average annual minimum rent paid by Tenant from the commencement of the term to the time of default, shall immediately become due and payable as accelerated Rentor during the preceding three full calendar years, and the Landlord may immediately distrain for the same, together with any arrears then unpaidwhichever period is shorter.

Right to Relet. If the Landlord elects to re-enter the Demised Premises enters as herein above provided, or if it Landlord takes possession pursuant to legal proceedings or pursuant to any notice provided for by lawotherwise, it Landlord may either ether terminate this Lease or it may Landlord may, from time to time time, without terminating this Lease Lease, make such alterations and repairs as are necessary in order it deems advisable to relet the Demised premises, and relet the Premises or any part thereof for such term or terms (which may be for a term extending extend beyond the Lease Term) and at such Rent rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers deems advisable. Upon each such reletting all rent rentals received by the Landlord from such reletting therefrom shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the of Landlord; second, to the payment of pay any costs and expenses of such reletting, including brokerage fees, brokers and solicitor’s attorneys' 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 the Landlord and applied in payment of future rent as the same it becomes due and payable hereunder. If such Rent rentals received from such reletting during any month is are less than that to be paid during that month by the Tenant hereunder, the Tenant shall immediately pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every monthto Landlord. No such re-entry or taking possession of the Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention termination is given to the Tenantby Landlord. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breachany prior breach or default. If the Landlord at any time terminates this Lease for any breach, in addition to any other remedies it Landlord may have, it Landlord may recover from the Tenant all damages it incurs incurred by reason of such breachbreach or default, including all costs of retaking the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) Premises and including the worth at the time of such termination of the excess, if any, of the amount of Rent total rent and charges equivalent to Rent required to be paid pursuant to reserved in this Lease for the remainder of the stated Lease Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, Lease Term all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred determining the rent payable by Tenant hereunder subsequent to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e)default, the full amount Minimum Monthly Rental for each month of the unexpired portion of the Lease Term shall have equal the average Minimum Monthly Rental paid during each Lease Year which Tenant was obligated to pay from the commencement of the Lease Term to the time of default, or during the preceding One (1) full calendar years, whichever period is shorter. Notwithstanding the provisions of the Texas Property Code, upon the occurrence of an event of default under the Lease, Landlord shall be entitled to change locks at the Premises. Tenant agrees that entry may be granted for that purpose through use of a duplicate or master key or any other means, that the same may be conducted out of the presence of Tenant if Landlord so elects, that no notice shall be required to be posted by the Landlord on any door to the Premises (or elsewhere) disclosing the reason for such action or any other further information, and that Landlord shall not be obligated to provide a key to the changed lock to Tenant unless Tenant shall have first: (a) brought current month’s instalment all payments due to Landlord under this Lease, provided, however, that if Landlord has thereforeto formally and permanently repossessed the Premises, or has terminated this Lease, then Landlord shall be under no obligation to provide a key to the new lock(s) to Tenants regardless of Additional Rent and Tenant's payment of past-due amounts, damages, or any other payments or amounts of any nature or kind whatsoever; (b) fully cured and remedied to Landlord's satisfaction all other defaults of Tenant under this Lease (but if such defaults are not subject to cure, such as early abandonment or vacation of the Premises, the Landlord shall not be obligated to provide the new key to Tenant under any circumstance), and (c) given Landlord security and assurance satisfactory to Landlord that Tenant intends to and is able to meet and comply with its future obligations under this Lease, both monetary and nonmonetary. In the event Landlord is ever required by law to be made monthly hereundermitigate damages due to Tenant's default, together with the next three months instalments placement of a sign upon the Premises advertising the Premises for Additional Rent, all of which lease shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the satisfy any obligation of Landlord may immediately distrain for the same, together with any arrears then unpaidto mitigate its damages.

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises enter, as herein provided, or if should it takes 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 time, without terminating this Lease Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Premises leased premises, and relet the leased premises or any part thereof for such term or terms (which may be for a term extending beyond the Termterm of this Lease) and at such Rent rent or rents and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers may deem advisable. Upon each such reletting all rent rents and other sums received by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, ; including reasonable brokerage fees, fees and solicitor’s attorneys' fees and of costs of such alterations and repairs; third, to the payment of Rent rent and other charges 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 becomes may become due and payable hereunder. If such Rent rents and other sums received from such reletting during any month is be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to Landlord; if such rents and sums shall be more, Tenant shall have no right to, and shall receive no credit for the excess. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry reentry or taking possession of the Demised Premises leased premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is be given to Tenant or unless the Tenanttermination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Should Landlord at any time terminates terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Premisesleased premises, solicitor’s fees (on a solicitor and client basis) reasonable attorneys' 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 required to be paid pursuant to rent reserved in this Lease for the remainder of the stated Term term over the then reasonable rental value of the Demised Premises leased premises for the remainder of the stated Termterm, all of which amounts shall be immediately due and payable by the from Tenant to the Landlord. In determining the rent which would be payable under this Lease by Tenant subsequent to default, the Percentage Rent for each year of the unexpired portion of the term shall be equal to the average annual Percentage Rent payable by Tenant from the commencement of the term to the time of default, or during the preceding three (3) full least years, whichever period is shorter, the failure or refusal of Landlord to relet the leased premises shall not affect Tenant's liability. The terms "entry" and "re-entry" are not limited to their technical meanings. Nothing contained in this Lease shall be construed to limit or prejudice the right of Landlord to prove for and obtain as damages by reason of the termination of this Lease or re-entry of the leased premium for the default of Tenant under this Lease an amount equal to the maximum allowed by any events referred statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to in Section 11.1(e)be proved, in addition to whether or not such amount shall be greater than any and all other rights, including of the rights sums referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid19.02.

Right to Relet. a) If the Landlord elects to re-enter the Demised Premises as herein provided, or if it 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 alterations and repairs as are necessary in order to relet the Demised Premises or any part thereof thereof, for such term or terms (which may be for a term extending beyond the TermTerm or any renewal thereof) and at such Rent rent and upon such other terms, covenants and conditions as the Landlord in its sole discretion considers advisable. Upon each such reletting all rent received by the Landlord from such reletting shall be applied firstapplied, first to the payment of any indebtedness other than Basic Rent or Additional Rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, reletting including brokerage fees, fees and solicitor’s solicitors fees and of 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, shall be held by the Landlord and applied in payment of future rent as the same becomes due and payable hereunder. If such Rent rent received from such reletting during any month is less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every month. No such re-entry or taking possession of the Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. This Section 10.2(a) shall survive the termination of the Lease; b) If the Landlord at any time terminates this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s legal fees (on a solicitor and own client basis) and including the worth at the time of such termination of the excess, if any, of the amount of Basic Rent, Additional Rent and other charges equivalent to Rent required to be paid pursuant to this Lease for the remainder of the stated Term or any renewal thereof over the then reasonable rental value of the Demised Premises for the remainder of the stated TermTerm or any renewal thereof, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any of the events referred to in Section 11.1(e)13.1 hereof, in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e)13.1 hereof, the full amount of the current month’s instalment 's installment of Basic Rent and of all Additional Rent payments for the current month and any other payments required to be made monthly hereunder, together with the next three (3) months instalments installments of Basic Rent and of Additional Rent and such other payments for Additional Rentthe next three (3) months, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, rent and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises enter, as herein provided, provided or if should it takes 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 Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Premises, and relet said Premises or any part thereof for such term or terms (which may be for a term extending beyond the Termterms of this Lease) and at such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers may deem advisable. Upon each such reletting all rent rentals received by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, fees and solicitor’s attorneys' fees and of costs of such alterations alteration and repairs; 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 becomes may become due and payable hereunder. If such Rent rentals received from such reletting during any month is be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to Landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised said Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is be given to Tenant or unless the Tenanttermination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease lease for such previous breach. If the Should Landlord at any time terminates terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees and the present worth (on a solicitor and client basisdiscounted at 6%) 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 required to be paid pursuant to rent reserved in this Lease lease for the remainder of the stated Term term over the then reasonable rental value of the Demised Premises for the remainder of the stated Termterm, all of which amounts shall be immediately due and payable by the from Tenant to the Landlord. Landlord shall act in a commercially reasonable manner to mitigate its damages under this Lease. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly exercising its remedies hereunder, together with Landlord should allow Tenant supervised access to the next three months instalments for Additional Rent, all Premises to remove its personal property therefrom. The above stated remedies of which Landlord shall be deemed to be accruing due on a day-in addition to-day basis, shall immediately become due and payable as accelerated Rent, and the not in lieu of, any other rights and remedies which Landlord may immediately distrain for the same, together with any arrears then unpaidhave in law or in equity.

Right to Relet. If the Landlord elects to re-enter the Demised Premises as herein provided, or if it 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, as agent for the Tenant or otherwise, make such alterations and repairs as are necessary in order to relet the Demised Premises or any part thereof for such term or terms (which may be for a term extending beyond the Term) and at such Rent and upon such other terms, covenants and conditions as the Landlord in its sole discretion considers advisable. Upon each such reletting all rent Rent received by the Landlord from such reletting shall be applied firstapplied, first to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, reletting including brokerage fees, fees and solicitor’s 's fees and of costs of such alterations and repairs; third, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by the Landlord and applied in payment of future rent Rent as the same becomes due and payable hereunder. If such Rent received from such reletting during any month is less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency deficiency, which shall be calculated and paid monthly in advance on or before the first day of each and every month. No such re-entry or taking possession of the Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Landlord at any time terminates this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including including, without limitation, the cost of recovering the Demised Premises, solicitor’s 's fees (on a solicitor and his client basis) 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 required to be paid pursuant to this Lease for the remainder of the stated Term (which Term shall be deemed for the purposes of this Section 15.02 only to continue on until its expiration as set forth in Section 3.03) over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any of the events referred to in Section 11.1(e)15.01 hereof, in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e)15.01 hereof, the full amount of the current month’s 's instalment of Minimum Rent and Additional Rent including, without limitation, the aggregate of the monthly contributions towards Taxes, insurance premiums, the Tenant's Proportionate Share of costs of maintaining and operating the Building as set out in Section 6.02, and any other payments required to be made monthly hereunder, together with the next three months (3) months' instalments of Minimum Rent and the aggregate of such payments for Additional Rentthe next three (3) months, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any Rent arrears then unpaid.

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises enter, as herein provided, or if should it takes possession pursuant to legal proceedings or pursuant to any notice provided for by lawtake possession, it may either terminate this Lease or it may from time to time time, without terminating this Lease Lease, make such reasonable alterations and repairs as are may be necessary in order to relet the Demised Premises premises, and relet said premises or any part thereof for such term or terms (which may be for a term extending beyond the Termterm of this Lease) and at such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole reasonable discretion considers may deem advisable. Upon , upon each such reletting all rent rentals received by the Landlord from such reletting shall be applied first, first to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, fees and solicitorattorney’s 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 the Landlord and applied in payment of future rent as the same becomes may become due and payable hereunder. If such Rent rentals received from such reletting re-letting during any month is be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to Landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised said Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is be given to Tenant or unless the Tenanttermination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter hereafter elect to terminate this Lease for such previous breach. If the Whether or not Landlord at any time terminates has elected to terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Premisesleased premises, solicitorreasonable attorney’s fees (on a solicitor fees, and client basis) and also including the worth present value (discounted at a rate equal to 4% in excess of the prime rate, or reference rate then in effect at Wxxxx Fargo Bank of Minnesota, N.A. but not less than 12% per annum) at the time of such termination of the excess, if any, or default of the amount of Rent rent (including additional rent) and charges equivalent to Rent required to be paid pursuant to rent reserved in this Lease for the remainder of the tile stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, team all of which amounts shall be immediately due and payable by the Tenant hereunder and such obligations and Landlord’s right to the Landlord. In accelerate such rents shall survive any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount termination of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaidLease.

Right to Relet. If the Landlord elects to re-enter the Demised Premises enters, as herein provided, or if it 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 the Tenant's obligations under this Lease Lease, make such alterations and repairs as are considered by the Landlord necessary in order to facilitate a reletting, and relet the Demised Premises or any part thereof as agents of the Tenant for such term or terms (which may be for a term extending beyond the Term) and at such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole reasonable discretion considers advisable. Upon each such reletting all rent and other monies received by the Landlord from such the reletting shall will be applied firstapplied, firstly to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, secondly to the payment of any costs and expenses of such reletting, the reletting including brokerage fees, fees and solicitor’s 's fees and of costs of such the alterations and repairs; third, and thirdly to the payment of Rent rent due and unpaid hereunder; and the . The residue, if any, shall will be held by the Landlord and applied in payment of future rent as the same it becomes due and payable hereunderpayable. If such Rent rent received from such the reletting during any a month is less than that the rent to be paid during that month by the Tenant hereunderTenant, the Tenant shall will pay any such the deficiency which shall to the Landlord. The deficiency will be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Premises by the Landlord shall will be construed as an election on its part to terminate this Lease unless a written notice of such that intention is given to the Tenant. Notwithstanding any such Despite a reletting without termination termination, the Landlord may elect at any time thereafter elect to terminate this Lease for such a previous breach. If the Landlord at any time terminates this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, the breach including the cost of recovering the Demised Premises, solicitor’s reasonable legal fees (on a solicitor and client basis) 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 required to be paid pursuant to the rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall immediately will be immediately due and payable by the Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including determining the rights referred to in this Section and in Section 11.1(e)rent which would be payable by the Tenant after default, the full amount annual rent for each year of unexpired Term will be equal to the averaged fixed basic rent paid or payable by the Tenant from the beginning of the current month’s instalment Term to the time of Additional Rent and any other payments required to be made monthly hereunderdefault, together with or during the next preceding three months instalments for Additional Rent(3) full calendar years, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaidwhichever period is shorter .

Right to Relet. If the Landlord elects to re-enter the Demised Leased Premises as herein provided, or if it 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 alterations and repairs as are necessary in order to relet the Demised Premises Leased Premises, or any part thereof for such term or terms (which may be for a term extending beyond the Termterm) and at such Rent rent and upon such other terms, covenants and conditions as the Landlord in its sole discretion considers advisable. Upon each such reletting all rent Rent received by the Landlord from such reletting shall be applied firstapplied, first to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; second, second to the payment of any costs and expenses of such reletting, reletting including brokerage fees, fees and solicitor’s 's fees and of costs of such alterations and repairs; third, to the payment of 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 becomes due and payable hereunder. If such Rent rent received from such reletting during any month months is less than that to be paid during that month by the Tenant hereunder, hereunder the Tenant shall pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every month. No such re-entry or taking possession of the Demised Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Landlord at any time terminates this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including the cost of recovering the Demised Leased Premises, solicitor’s 's fees (on a solicitor and his client basis) 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 required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Leased Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any of the events referred to in Section 11.1(e)15.01 hereof, in addition to any and all other rights, including the rights referred to in this Section section and in Section 11.1(e)15.01 hereof, the full amount of the current month’s instalment 's installment of Minimum Rent plus the current months installment on account of Additional Rent and any other payments required to be made monthly hereunder, together with the next three (3) months' installments of Minimum Rent plus the current months instalments installment on account of Additional Rent and such aggregate payments for Additional Rentthe next three (3) months, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If Should the Landlord elects elect to re-enter the Demised Premises enter, as herein provided, or if should it takes 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 Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Leased Premises, and relet the Leased Premises or any part thereof as agent for the Tenant for such term or terms (which may be for a term extending beyond the TermTerm of this Lease) and at such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers may deem advisable. Upon ; upon each such reletting all rent rentals received by the Landlord from such reletting shall be applied applied; first, to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; second, to the payment repayment of any costs and expenses of such reletting, including brokerage fees, fees and solicitor’s solicitors’ fees and of costs of such alterations and repairs; third, to the payment of Rent due and unpaid hereunder; , and the residue, if any, shall be held by the Landlord and applied in payment of future rent Rent as the same becomes may become due and payable hereunder. If such Rent received from such reletting during any month is be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to the Landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is be given to the TenantTenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If Should the Landlord at any time terminates terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Leased Premises, solicitor’s fees (on a solicitor and client basis) 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 required to be paid pursuant to reserved in this Lease for the remainder of the stated Term hereof over the then reasonable rental value of the Demised Leased Premises for the remainder of the stated TermTerm hereof, all of which amounts shall be immediately due and payable by from the Tenant to the Landlord. In any events referred determining the Rent which would be payable by the Tenant hereunder, subsequent to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e)default, the full amount annual Rent for each year of the current month’s instalment unexpired Term shall be equal to the then annual Minimum Rent payable by the Tenant at the time of Additional Rent and any other payments required to be made monthly hereunderdefault, together with all Additional Rent which would have been payable during the next three months instalments for Additional Rentcalendar year in which this Lease was terminated, all of which shall be deemed to be accruing due on pro-rated over a day-to-day basisfull calendar year, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaidif required.

Right to Relet. (a) If the Landlord elects to re-enter the Demised Premises as herein providedLeased Premises, or if it 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 any alterations and repairs as are necessary in order to relet the Demised Premises or any part thereof for such term or terms (which may be for a term extending beyond the Term) and at such Rent and upon such other terms, covenants and conditions as the Landlord in its sole discretion considers advisableLeased Premises. Upon each such reletting all rent received by the Landlord from such reletting shall will be applied firstapplied, first to the payment of any indebtedness other than Basic Rent or Additional Rent due hereunder from the Tenant to the Landlordhereunder; second, to the payment of any costs and expenses of such reletting, reletting including brokerage fees, fees and solicitor’s '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, shall will be held by the Landlord and applied in payment of future rent Rent as the same it becomes due and payable hereunder. If such Rent received from such reletting during any month is less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every month. No such re-re- entry or taking possession of the Demised Leased Premises by the Landlord shall will be construed as an election on its part to terminate this Lease unless a written notice of such that intention is given to the Tenant. Notwithstanding any such reletting without termination the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. . (b) If the Landlord at any time terminates this Lease for any breachLease, in addition to any other remedies it may haveavailable, it may recover from the Tenant all damages it the Landlord incurs by reason of such the Tenant's breach, including the cost of recovering the Demised Leased Premises, solicitor’s fees (on a solicitor all legal costs incurred by the Landlord and client basis) and including the worth at the time of such termination of the excess, if any, of the amount of Basic Rent and charges equivalent to Additional Rent required to be paid pursuant to this Lease which would have been payable for the remainder of the stated Term over had the then reasonable rental value of the Demised Premises for the remainder of the stated TermLease not otherwise have been terminated, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any of the events referred to in Section 11.1(e)14.1, in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment 's installment of Additional Basic Rent and any other payments required to be made monthly hereunderAdditional Rent, together with the next three months months' instalments for [sic] of Basic Rent and Additional Rent, all of which shall will be deemed to be accruing due on a day-to-day basis, shall will immediately become due and payable as accelerated Rentrent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises reenter, as herein provided, or if should it takes 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 Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Leased Premises, and relet the Leased Premises or any part thereof for such term or terms (which may be for a term extending beyond the Termterm of this Lease) and at such Rent and rental or rentals upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers advisable. Upon may deem advisable upon each such reletting all rent reletting. All rentals received by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, and solicitor’s 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 the Landlord and applied in payment of future rent as the same becomes may become due and payable hereunder. If such Rent rentals received from such reletting during any the month is be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to Landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Premises said premises by the Landlord shall be construed as an election on in its part to terminate this Lease unless a written notice of such intention is be given to Tenant or unless the Tenanttermination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Should Landlord at any time terminates reenter or terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor Leased Premises and client basis) 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 required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all attorney's fees. All of which amounts shall be immediately due and payable by the from Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises enter, as herein provided, or if should it takes 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 Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Premises or any part thereof for such term or terms (which may be for a term extending beyond the Termterm of this Lease) and at such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers may deem advisable. Upon ; upon each such reletting all rent rentals received by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees, fees and solicitor’s reasonable attorney's 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 the Landlord and applied in payment of future rent as the same becomes may become due and payable hereunder. If such Rent rentals received from such reletting during any month is Lease Year are less than that to be paid by Tenant hereunder during that month by the Tenant hereundersame Lease Year, the Tenant shall pay any such deficiency which to Landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Premises said premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is be given to the TenantTenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Should Landlord at any time terminates terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) 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 required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Termattorney's fees, all of which amounts shall be immediately due and payable by the from Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises enter, as herein provided, or if should it takes 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 time, without terminating this Lease Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Premises, and relet said Premises or any part thereof for such term Term or terms (which may be for a term extending beyond the TermTerm of this Lease) and at such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers may deem advisable. Upon ; upon each such reletting all rent rentals received by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; , second, to the payment of any costs and expenses of such reletting, including brokerage fees, fees and solicitorattorney’s 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 the Landlord and applied in payment of future rent as the same becomes may become due and payable hereunder. If such Rent rentals, received from such reletting during any month is be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to Landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthquarterly. No such re-entry or taking possession of the Demised said Premises by the Landlord shall be construed as an election on its part to terminate this Lease lease unless a written notice of such intention is be given to Tenant or unless the Tenanttermination thereof be decreed by a Court of competent jurisdiction. Notwithstanding any such reletting re-letting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Landlord at any time terminates this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) 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 required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises enter, as herein provided, or if should it takes 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 time, without terminating this Lease Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Premises premises, and relet said premises or any part thereof for such term or terms (which may be for a term extending beyond the Termterm of this Lease) and at such Rent rent and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers may deem advisable. Upon each such reletting all rent rents and other sums received by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees, and solicitor’s fees and of attorneys' fees and the costs of such any alterations and repairs; third, to the payment of Rent rent and other charges 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 becomes may become due and payable hereunder. If such Rent rents and other sums received from such reletting during any month is be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to Landlord; if such rents and the sums shall be more, Tenant shall have no right to, and shall receive no credit for, the excess. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Premises leased premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless the Tenanttermination thereof is decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Should Landlord at any time terminates terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Premisesleased premises, solicitor’s fees (on a solicitor and client basis) reasonable attorneys' 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 required to be paid pursuant to rent reserved in this Lease for the remainder of the stated Term term over the then reasonable rental value of the Demised Premises leased premises for the remainder of the stated Termterm, all of which amounts shall be immediately due and payable by the from Tenant to the Landlord. In determining the rent which would be payable under this Lease by Tenant subsequent to default, the percentage rent for each year of the unexpired portion of the term shall be equal to the average percentage rent payable by Tenant from the commencement of the term to the time of default, or during the preceding three (3) full lease years, whichever period is shorter. The failure or refusal of Landlord to relet the premises shall not affect Tenant's liability. The terms "entry" and "re-entry" are not limited to their technical meanings. Nothing contained in this Lease shall be construed to limit or prejudice the right of Landlord to prove for and obtain as damages by reason of the termination of this Lease or re-entry of the leased premises for the default of Tenant under this Lease an amount equal to the maximum allowed by any events referred statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to in Section 11.1(e)be proved, in addition to whether or not such amount shall be greater than any and all other rights, including of the rights sums referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid19.2.

Right to Relet. If Landlord reenters the Landlord elects to re-enter the Demised Premises as herein above provided, or if it Landlord takes possession pursuant to legal proceedings or pursuant to any notice provided for by lawotherwise, it may either terminate this Lease or it may may, from time to time time, without terminating this Lease Lease, make such alterations and repairs as are necessary in order it deems advisable to relet the Demised Premises, and relet the Premises or any part thereof for such term or terms (which may be for a term extending extend beyond the Lease Term) and at such Rent rentals and upon such other terms, covenants terms and conditions as the Landlord in its Landlord’s sole and absolute discretion considers deems advisable. Upon ; upon each such reletting all rent rentals received by the Landlord from such reletting therefrom shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of pay any costs and expenses of such reletting, including brokerage feeswithout limitation, brokers and solicitor’s attorneys’ fees and of costs of such advertising, alterations and repairs; 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 it becomes due and payable hereunder. If such Rent rentals received from such reletting during any month is are less than that to be paid during that month by the Tenant hereunder, the Tenant shall immediately pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every monthto Landlord. No such re-entry or taking possession of the Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention termination is given to the Tenantby Landlord. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breachany prior breach or default. If the Landlord at any time terminates this Lease for any breach, or otherwise takes any action on account of Tenant’s breach or default hereunder, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs incurred by reason of such breachbreach or default, including the cost of recovering the Demised Premises, solicitorattorney’s fees (on a solicitor at the trial and client basis) appellate levels, all costs of retaking the Premises and including the worth at the time of such termination of the excess, if any, of the amount of Rent total rent and charges equivalent to Rent required to be paid pursuant to reserved in this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Lease Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred determining the rent payable by Tenant hereunder subsequent to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e)default, the full amount Minimum Annual Rent for each year of the current month’s instalment unexpired portion of Additional the Lease Term shall equal the average Minimum Annual Rent and any other payments required Percentage Rent which Tenant was obligated to be made monthly hereunderpay from the commencement of the Lease Term to the time of default, together with or during the next preceding three months instalments for Additional Rent(3) full calendar years, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaidwhichever period is shorter.

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises as herein providedprovided in subsection (b), or if it takes should Landlord take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may Landlord may, from time to time time, without terminating this Lease make such alterations and repairs as are necessary in order to Lease, relet the Demised Leased Premises or any part thereof of the Leased Premises in Landlord’s or Tenant’s name, but for the account of Tenant, for such term or terms (which may be for a term extending beyond greater or less than the period which would otherwise have constituted the balance of the Term) and at on such Rent conditions and upon such other termsterms (which may include concessions of free rent and alternation and repair of the Leased Premises) as Landlord, covenants and conditions as the Landlord in its sole discretion considers advisablediscretion, may determine, and Landlord may collect and receive all Rent. Upon each such reletting all rent received by Landlord shall in no way be responsible or liable for any failure to relet the Landlord from such reletting shall be applied firstLeased Premises or any part of the Leased Premises, or for any failure to the payment of collect any indebtedness other than Rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of upon such reletting, including brokerage fees, and solicitor’s fees and of costs of such alterations and repairs; third, to the payment of 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 becomes due and payable hereunder. If such Rent received from such reletting during any month is less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every month. No such re-entry or taking possession of the Demised Leased Premises by the Landlord shall be construed as an election on its Landlord’s part to terminate this Lease unless a an express written notice of such intention election is given to the Tenant. Notwithstanding any such reletting without termination the No notice from Landlord may at any time thereafter elect under this Section or under a forcible or unlawful entry and detainer statute or similar law shall constitute an election by Landlord to terminate this Lease for unless such previous breachnotice specifically so states. If Landlord reserves the Landlord at right following any time terminates such re-entry or reletting to exercise its right to terminate this Lease for any breachby giving Tenant such written notice, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) 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 required to be paid pursuant to which event this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred to terminate as specified in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaidsuch notice.

Right to Relet. If the Landlord elects Should owner elect to re-enter the Demised Premises enter, as herein provided, or if should it takes take possession of the leased premises 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 Lease lease, make such alterations and repairs as are may be necessary in order to relet the Demised Premises leased premises, and relet the leased premises or any part thereof for such term or terms (which may be for a term extending beyond the Termterm of this lease) and at such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord Owner in its sole discretion considers may deem advisable. Upon ; upon each such reletting all rent rentals received by the Landlord Owner from such reletting shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the LandlordOwner; second, to the payment of any costs and expenses of such reletting, including brokerage fees, fees and solicitorattorney’s 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 the Landlord Owner and applied in payment of future rent as the same becomes may become due and payable hereunder. If such Rent rentals received from such reletting during any month is be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to Owner. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Premises leased premises by the Landlord Owner shall be construed as an election on its part to terminate this Lease lease unless a written notice of such intention is be given to Tenant or unless the Tenanttermination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the Landlord termination. Owner may at any time thereafter elect to terminate this Lease for such previous breach. If the Landlord at any time terminates this Lease lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Premisesleased premises, solicitorreasonable attorney’s fees (on a solicitor and client basis) fees, and including the worth present value based on a discount rate equal to the prime rate of interest established by Bank One at the time of such termination of the excess, if any, of the amount of Rent rent and charges equivalent to Rent required to be paid pursuant to rent reserved in this Lease lease for the remainder of the stated Term term over the then reasonable rental value of the Demised Premises leased premises for the remainder of the stated Termterm, all of which amounts shall be immediately due and payable by the from Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaidOwner.

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises enter, as herein provided, or if should it takes 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 time, without terminating this Lease Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Premises, and relet the Premises or any part thereof for such term or terms (which may be for a term extending beyond the Termterm of this Lease) and at such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers may deem advisable. Upon each such reletting all rent rentals and other sums received by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness other than Rent rents due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees, and solicitor’s fees and of attorneys’ fees and the costs of such any alterations and repairs; third, to the payment of Rent rents due and unpaid hereunder; and the residue, if any, shall be held by the Landlord and applied in payment of future rent rents as the same becomes may become due and payable hereunder. If such Rent rentals and other sums received from such reletting during any month is be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to Landlord; if such rentals and the sums shall be more, Tenant shall have no right to, and shall receive no credit for, the excess. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is be given to Tenant or unless the Tenanttermination thereof be decreed by a Court of competent jurisdiction. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Should Landlord at any time terminates terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) reasonable attorneys’ fees, 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 required to be paid pursuant to rents reserved in this Lease for the remainder of the stated Term term over the then reasonable rental value of the Demised Premises for the remainder of the stated Termterm, all of which amounts shall be immediately due and payable by the from Tenant to the Landlord. In any events referred determining the rent which would be payable by Tenant hereunder, subsequent to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e)default, the full amount annual rent for each year of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which unexpired term shall be deemed equal to be accruing due on a day-to-day basis, shall immediately become due and the annual minimum rent payable as accelerated Rent, and the Landlord may immediately distrain by Tenant for the sameunexpired term plus the average percentage rent paid by Xxxxxx during the immediately preceding twelve (12) months, together with any arrears then unpaidwhichever period is shorter. The failure or refusal of Landlord to relet the Premises shall not affect Tenant’s liability. The terms “entry” and “re-entry” are not limited to their technical meanings.

Right to Relet. (a) If the Landlord elects to re-enter the Demised Premises as herein provided, provided or if it 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 alterations and repairs as are necessary in order to relet the Demised Premises or any part thereof for such term or terms (which may be for a term extending beyond the Term) and at such Rent rent and upon such other terms, covenants and conditions as the Landlord Landlord, in its sole discretion discretion, considers advisable. Upon each such reletting reletting, all rent received by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness other than rent or Additional Rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, fees and solicitor’s 's fees and of costs of such alterations and repairs; third, to the payment of 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 becomes due and payable hereunder. If such Rent rent received from such reletting during any month is less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every month. No such re-entry or taking possession of the Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease Lease, unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. . (b) If the Landlord at any time terminates this Lease for any breach, breach in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s 's fees (on a solicitor and his client basis) and including the worth at the time of such termination of the excess, if any, of the amount of rent, Additional Rent and charges equivalent to the rent, Additional Rent and other charges required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any of the events referred to in Section 11.1(e)7.2, in addition to any and all other rights, including the rights referred to in this Section Article and in Section 11.1(e), Section 7.1 the full amount of the current month’s 's instalment of rent and of all Additional Rent payments for the current month and any other payments required to be made monthly hereunder, together with the next three months (3) months' instalments of Base Rent and of all Additional Rent and such other payments for Additional Rentthe next 3 months, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rentrent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If In the Landlord event Lessor elects ------------- --------------- to re-enter the Demised Premises reenter, as herein providedprovided in Section 17.01, or if it takes 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 Lease lease, make such reasonable alterations and repairs as are may be necessary in order to relet the Demised Premises demised premises, and may relet the demised premises or any part thereof for such term or terms (which may be for a term extending beyond the Termterm of this lease) and at such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord Lessor in its sole discretion considers may deem advisable. Upon each such reletting all rent rentals received by the Landlord from Lessor for such reletting shall be applied applied: first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant Lessee to the LandlordLessor; second, to the payment of any costs and expenses of such reletting, including brokerage fees, fees and solicitor’s reasonable attorneys' fees and of costs of such alterations and repairs; third, to the payment of Rent rent due and unpaid hereunder; hereunder and the residue, if any, shall be held by the Landlord Lessor and applied in payment of future rent as the same becomes may become due and payable hereunder; provided, however, that in no event shall Lessee be entitled to any portion of said rentals. If such Rent rentals received from such reletting during any month is be less than that to be paid during that month by the Tenant Lessee hereunder, the Tenant Lessee shall pay any such deficiency which by Lessor. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry reentry or taking possession of the Demised Premises demised premises by the Landlord Lessor shall be construed as an election on its part to terminate this Lease lease unless a written notice of such intention is be given to Lessee or unless the Tenanttermination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the Landlord termination, Lessor may at any time thereafter elect to terminate this Lease lease for such previous breach. If the Landlord Should Lessor at any time terminates terminate this Lease lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant Lessee all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Premisesdemised premises, solicitor’s fees (on a solicitor and client basis) reasonable attorneys' 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 required to be paid pursuant to rent reserved in this Lease lease for the remainder of the stated Term term over the then reasonable rental value of the Demised Premises demised premises for the remainder of the stated Termterm, all of which amounts shall be immediately due and payable from Lessee to Lessor. In determining the rent which would be payable by Lessee hereunder, subsequent to default, the Tenant annual rent for each year of the unexpired term shall be equal to the Landlord. In any events referred to in Section 11.1(e), in addition to any average annual basic and all other rights, including additional rents paid by Lessee from the rights referred to in this Section and in Section 11.1(e), the full amount commencement of the current month’s instalment term to the time of Additional Rent and any other payments required to be made monthly hereunderdefault, together with or during the next preceding three months instalments for Additional Rentfull calendar years, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaidwhichever period is shorter.

Right to Relet. (a) If the Landlord elects to re-enter the Demised Premises as herein providedLeased Premises, or if it 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 any alterations and repairs as are necessary in order to relet the Demised Premises or any part thereof for such term or terms Leased Premises. Upon each reletting (which reletting the Landlord may be for a term extending beyond the Term) and do at such Rent rental and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers may deem advisable. Upon each such reletting ) all rent received by the Landlord from such reletting shall will be applied firstapplied, first to the payment of any indebtedness other than Basic Rent or Additional Rent due hereunder from the Tenant to the Landlordhereunder; second, to the payment of any costs and expenses of such reletting, or reletting including brokerage fees, fees and solicitor’s '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, shall will be held by the Landlord and applied in payment of future rent Rent as the same it becomes due and payable hereunder. If such Rent received from such reletting during any month is less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every month. No such re-entry or taking possession of the Demised Leased Premises by the Landlord shall will be construed as an election on its part to terminate this Lease unless a written notice of such that intention is given to the Tenant. Notwithstanding any such reletting without termination termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. . (b) If the Landlord at any time terminates this Lease for any breachLease, in addition to any other remedies it may haveavailable, it may recover from the Tenant all damages it the Landlord incurs by reason of such the Tenant's breach, including the cost of recovering the Demised Leased Premises, solicitor’s fees (on a solicitor all legal costs incurred by the Landlord and client basis) and including the worth at the time of such termination of the excessBasic Rent, if any, of the amount of Additional Rent and charges equivalent to Rent required to be paid pursuant to this Lease GST which would have been payable for the remainder of the stated Term over had the then reasonable rental value of the Demised Premises for the remainder of the stated TermLease not otherwise have been terminated, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any of the events referred to in Section 11.1(e), in 14.1. In addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s 's instalment of Additional Basic Rent and any other payments required to be made monthly hereunderAdditional Rent, together with the next three months months' instalments for of Basic Rent and Additional Rent, all of which shall will be deemed to be accruing due on a day-to-day basis, shall will immediately become due and payable as accelerated Rentrent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the  Should Landlord elects elect to re-enter the Demised Premises enter, as herein provided, or if should it takes take possession pursuant to legal proceedings proceeding or pursuant to any notice provided for by law, it Landlord may either terminate this Lease or it may may, from time to time time, without terminating this Lease Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Leased Premises and may relet said Leased Premises or any part thereof for such term or terms (which may be for a term extending beyond the Termterm of this Lease) and at such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers may deem advisable. Upon ; and upon each such reletting all rent received by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness other than Rent rent, due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, and solicitor’s fees attorney's fees, free rent 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 the Landlord and applied in payment of future rent as the same becomes may become due and payable hereunder. If such Rent rent received from such reletting during any month is shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to Landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised said Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is be given to Tenant or unless the Tenanttermination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the termination, Landlord may may, at any time thereafter thereafter, elect to terminate this Lease for such previous breachdefault. If the Should Landlord at any time terminates terminate this Lease for any breachdefault, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breachdefault, including the cost of recovering the Demised Leased Premises, solicitor’s fees (on a solicitor and client basis) reasonable attorneys 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 required to be paid pursuant to rent reserved in this Lease for the remainder of the stated Term term over the then reasonable rental value of the Demised Leased Premises for the remainder of the stated Termterm, all of which amounts shall be immediately due and payable by the from Tenant to the Landlord. In any events referred determining the rent which would be payable by Tenant hereunder, subsequent to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e)default, the full amount annual rent for each year of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which unexpired term shall be equal to the average annual Minimum Rent payable by Tenant from the commencement of the term to the time of default, or during the preceding three full calendar years, whichever period is shorter. If Landlord terminates this Lease as a result of a default by Tenant under this Lease, Landlord agrees to use reasonable efforts to re-let the Leased Premises, which reasonable efforts will be deemed to be accruing due on satisfied if Landlord lists the Leased Premises for re-letting with a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.local real estate broker.   INTIALS: LANDLORD RB TENANT DL 

Right to Relet. If the Landlord elects to re-enter enters the Demised Premises as herein above provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by lawotherwise, it may either terminate this Lease, but Tenant shall remain liable for all obligations arising during the balance of the original stated term as hereafter provided as if this Lease had remained in full force and effect, or it may may, from time to time time, without terminating this Lease Lease, make such alterations and repairs as are necessary in order it deems advisable to relet the Demised Premises, and relet the Premises or any part thereof for such term or terms (which may be for a term extending extend beyond the Lease Term) and at such Rent rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers deems advisable. Upon ; upon each such reletting all rent rentals received by the Landlord from such reletting therefrom shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of pay any costs and expenses of such reletting, including brokerage fees, brokers and solicitor’s attorneys' 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 the Landlord and applied in payment of future rent as the same it becomes due and payable hereunder. If such Rent rentals received from such reletting during any month is are less than that to be paid repaid during that month by the Tenant hereunder, the Tenant shall immediately pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every monthto Landlord. No such re-entry or taking possession of the Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention termination is given to the Tenantby Landlord. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breachany prior breach or default. If the Landlord at any time terminates this Lease for any breach, or otherwise takes any action on account of Tenant's breach or default hereunder, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs incurred by reason of such breachbreach or default, including deficiency in rent, expenses of repairing the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) and including the worth at the time of such termination Premises to their condition as of the excesscommencement date, if any, of the amount of Rent and charges equivalent to Rent required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Termattorneys' fees, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred determining the rent payable by Tenant hereunder subsequent to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e)default, the full amount Minimum Annual Rent for each year of the current month’s instalment unexpired portion of Additional Rent the Lease Term shall equal the average Minimum Annual and any other payments required Percentage Rents which Tenant was obligated to be made monthly pay from the commencement of the Lease Term to the time of default, or during the preceding three (3) full calendar years, whichever period is shorter. Landlord shall use reasonable efforts to mitigate its damages hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises enter, as herein provided, or if should it takes 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 time, without terminating this Lease Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Premises premises, and relet said premises or any part thereof for such term or terms (which may be for a term extending beyond the Termterm of this Lease) and at such Rent rent and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers may deem advisable. Upon each such reletting all rent rents and other sums received by the Landlord from such reletting shall be applied firstapplied, thirst, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees, and solicitor’s fees and of attorneys' fees and the costs of such any alterations and repairs; third, to the payment of Rent rent and other charges 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 becomes may become due and payable hereunder. If such Rent rents and other sums received from such reletting during any month is be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to Landlord; if such rents and the sums shall be more, Tenant shall have no right to, and shall receive no credit for, the excess. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Premises leased premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless the Tenanttermination thereof is decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Should Landlord at any time terminates terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Premisesleased premises, solicitor’s fees (on a solicitor and client basis) reasonable attorneys' 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 required to be paid pursuant to rent reserved in this Lease for the remainder of the stated Term term over the then reasonable rental value of the Demised Premises leased premises for the remainder of the stated Termterm, all of which amounts shall be immediately due and payable by the from Tenant to the Landlord. In determining the rent which would be payable under this Lease by Tenant subsequent to default, the percentage rent for each year of the unexpired portion of the term shall be equal to the average percentage rent payable by Tenant from the commencement of the term to the time of default, or during the preceding three (3) full lease years, whichever period is shorter. The failure or refusal of Landlord to relet the premises shall not affect Tenant's liability. Notwithstanding the foregoing, Landlord agrees to use reasonable efforts to relet the leased premises; provided, however, that in no event shall Landlord be obligated to give preference to leasing the leased premises over other available space in the Shopping Center; and, provided further, that Landlord shall have the absolute right to take the then existing tenant-mix into account in connection with any events referred such attempt to relet the leased premises. The terms "entry" and "re-entry" are not limited to their technical meanings. Nothing contained in Section 11.1(e)this Lease shall be construed to limit or prejudice the right of Landlord to prove for and obtain as damages by reason of the termination of this Lease or re-entry of the leased premises for the default of Tenant under this Lease an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in addition which, such damages are to be proved, whether or not such amount shall be greater than any and all other rights, including of the rights sums referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaidSection.

Right to Relet. If Should the Landlord elects elect to re-enter the Demised Premises enter, as herein provided, or if should it takes 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 are may be necessary in order to relet the Demised Premises Property, and may relet, as agent of the Tenant, the Property or any part thereof for such term or terms (which may be for a term extending beyond the TermTerm of this Lease) and at such Rent rent and upon such other terms, covenants terms and conditions as the Landlord Landlord, acting reasonably, in its sole discretion considers discretion, may deem advisable. Upon each such reletting all rent received by the Landlord from such reletting for the unexpired portion of the Term shall be applied applied, first, to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, fees and solicitor’s 's fees and of costs of such alterations and repairs; thirdsecond, to the payment of Basic Annual 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 Basic Annual Rent and Additional Rent as the same becomes may become due and payable hereunder. If such Rent payments received from such reletting during any month is are less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to the Landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Premises Property by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Landlord at any time terminates this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) 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 required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises enter, as herein provided, or if should it takes 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 Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Premises Premises, and relet said premises or any part thereof thereof, for such term or terms (which may be for a term extending beyond the Termterm of this Lease) and at such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord Landlord, in its sole discretion considers discretion, may deem advisable. Upon ; upon each such reletting all rent rentals received by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness indebtedness, other than Rent rent due hereunder from the Tenant Tenant, to the Landlord; second, second to the payment of any costs and expenses of such reletting, including brokerage fees, fees and solicitor’s attorney's 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 becomes may become due and payable hereunder. If such Rent rentals received from such reletting during any month is be less than that to be paid during that month by the Tenant hereunder, or if Landlord does not relet the Demised Premises, Tenant shall pay any such rental deficiency which to Landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Premises said premises by the Landlord shall be construed as an election on its part to terminate this Lease Lease, unless a written notice of such intention is be given to Tenant or unless the Tenanttermination thereof be determined by a court of competent jurisdiction. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Should Landlord at any time terminates terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s reasonable attorney fees (on a solicitor and client basis) incidental thereto and including the worth work at the time of such termination of the excess, if any, of the amount of Rent the rent and charges equivalent to Rent required to be paid pursuant to the rent reserved in this Lease for the remainder of the stated Term term over the then reasonable rental value of the Demised Premises for the remainder of the stated Termterm, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If Should the Landlord elects elect to re-enter the Demised Premises as herein provided, or if should it takes 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 Lease make such alterations and repairs as are may be necessary in order to relet the Demised Leased Premises, and relet the Leased Premises or any part thereof as agent for the Tenant for such term or terms (which may be for a term extending beyond the TermTerm of this Lease) and at such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers may deem advisable. Upon ; upon each such reletting all rent rentals received by the Landlord from such reletting shall be applied applied; first, to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; second, to the payment repayment of any costs and expenses of such reletting, including brokerage fees, and solicitor’s fees and of solicitors’ fees and the costs of such alterations and repairs; third, to the payment of Rent due and unpaid hereunder; , and the residue, if any, shall be held by the Landlord and applied in payment of future rent Rent as the same becomes may become due and payable hereunder. If such Rent received from such reletting during any month is be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to the Landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is be given to the TenantTenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If Should the Landlord at any time terminates terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Leased Premises, solicitor’s fees (on a solicitor and client basis) 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 required to be paid pursuant to reserved in this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Termhereof, all of which amounts shall be immediately due and payable by from the Tenant to the Landlord. In any events referred determining the Rent which would be payable by the Tenant hereunder, subsequent to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e)default, the full amount Annual Rent for each year of the current month’s instalment unexpired Term shall be equal to the average Annual Rent paid by the Tenant from the Lease Commencement Date to the time of Additional Rent and any other payments required to be made monthly hereunderdefault or during the preceding three (3) full calendar years, whichever period is shorter, together with all Rent other than Annual Rent which would have been payable during the next three months instalments for Additional Rentcalendar year in which this Lease was terminated, all of which shall be deemed to be accruing due on pro-rated over a day-to-day basisfull calendar year, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaidif required.

Right to Relet. (a) If the Landlord elects to re-enter the Demised Leased Premises as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease (by leaving in or upon the Leased Premises or affixing to an entrance door to the Leased Premises a notice terminating this Lease) or it may from time to time without terminating this Lease Lease, as agent for the Tenant or otherwise, make such alterations Alterations and repairs as are necessary in order to relet the Demised Leased Premises or any part thereof for such term or terms (which may be for a term extending beyond the Term) and at such Rent and upon such other terms, covenants and conditions as the Landlord in its sole discretion considers advisable. . (b) Upon each such reletting all rent Rent received by the Landlord from such reletting shall be applied firstapplied, first to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, reletting including brokerage fees, fees and solicitor’s fees and of costs of such alterations Alterations and repairs; third, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by the Landlord and applied in payment of future rent Rent as the same becomes due and payable hereunder. If such Rent received from such reletting during any month is less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency deficiency, which shall be calculated and paid monthly in advance on or before the first day of each and every month. . (c) No such re-entry or taking possession of the Demised Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. . (d) Notwithstanding any such reletting without termination termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. . (e) If the Landlord at any time terminates this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including including, without limitation, the cost of recovering the Demised Leased Premises, solicitor’s fees (on a solicitor and client basis) 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 required to be paid pursuant to this Lease for the unexpired remainder of the stated Term Term, had it not been terminated, over the then reasonable rental value of the Demised Leased Premises for the remainder of the stated Term, plus the unamortized portion of any allowance, concession or inducement paid by the Landlord under the terms of this Lease or otherwise, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. . (f) If such termination or re-entry takes place, the annual Rent for the purpose of calculating the Landlord’s damages will be considered to be equal to the aggregate of (i) the annual Basic Rent specified in this Lease; and (ii) all Additional Rent for the preceding twelve (12) month Lease Year. (g) In any of the events referred to in this Section 11.1(e)11.02 hereof, in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e)11.01 hereof, the full amount of the current month’s instalment of Basic Rent and Additional Rent including, without limitation, the aggregate of the monthly contributions towards Taxes, Utilities, insurance premiums, the Tenant’s Proportionate Share of Operating Costs, and any other payments required to be made monthly hereunder, together with the next three months (3) months’ instalments of Basic Rent and the aggregate of such Additional Rent payments for Additional Rentthe next three (3) months, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any Rent arrears then unpaid. (h) The Landlord’s rights and remedies and the Tenant’s obligations under Sections 11.01 and 11.02 hereof shall survive the expiration or earlier termination of this Lease.

Right to Relet. If the Should Landlord elects elect not to terminate this Lease, but to re-enter the Demised Premises enter, as herein provided, or if should it takes take possession pursuant to legal proceedings or pursuant to any notice provided for by lawof the Leased Premises as a result of a default on Tenant's part, it Landlord may either terminate this Lease or it may from time to time without terminating this Lease make such alterations repairs and repairs renovations as are may be necessary in order to operate or relet the Demised Leased Premises and may operate or relet the Leased Premises or any part thereof for such term or terms (which may be for a term extending beyond the TermTerm of this Lease) and at such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers may deem advisable. Upon each such reletting reletting, all rent rentals and other sums received by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees and attorneys fees, and solicitor’s fees and of costs of such alterations repairs and repairsrenovations; third, to the payment of Rent and other charges due and unpaid hereunder; and the residue, if any, shall be held by the Landlord and applied in payment of future rent Rent as the same becomes may become due and payable hereunder. If such Rent rentals and other sums received from such reletting during any month is be less than that to be paid during that month by the Tenant hereunderhereunder including Rent, the Tenant shall pay any such deficiency which to Landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless the Tenanttermination thereof is decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter hereafter elect to terminate this Lease for such previous breach. If the Landlord at any time terminates this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) 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 required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the Landlord Sublandlord elects to re-enter the Demised Premises as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease Sublease or it may from time to time without terminating this Lease Sublease make such alterations and repairs as are necessary in order to relet the Demised Premises or any part thereof for such term or terms (which may be for a term extending beyond the Term) and at such Rent and upon such other terms, covenants and conditions as the Landlord Sublandlord in its sole discretion considers advisable. Upon each such reletting all rent received by the Landlord Sublandlord from such reletting shall be applied first, to the payment of any indebtedness other than Rent due hereunder from the Tenant Subtenant to the LandlordSublandlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, and solicitor’s fees and of costs of such alterations and repairs; third, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by the Landlord Sublandlord and applied in payment of future rent as the same becomes due and payable hereunder. If such Rent received from such reletting during any month is less than that to be paid during that month by the Tenant Subtenant hereunder, the Tenant Subtenant shall pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every month. No such re-entry or taking possession of the Demised Premises by the Landlord Sublandlord shall be construed as an election on its part to terminate this Lease Sublease unless a written notice of such intention is given to the TenantSubtenant. Notwithstanding any such reletting without termination the Landlord Sublandlord may at any time thereafter elect to terminate this Lease Sublease for such previous breach. If the Landlord Sublandlord at any time terminates this Lease Sublease for any breach, in addition to any other remedies it may have, it may recover from the Tenant Subtenant all damages it incurs by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) 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 required to be paid pursuant to this Lease Sublease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant Subtenant to the LandlordSublandlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord Sublandlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises enter, as herein provided, or if should it takes 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 time, without terminating this Lease Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Premises premises, and relet said premises or any part thereof for such term or terms (which may be for a term extending beyond the Termterm of this Lease) and at such Rent rent and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers may deem advisable. Upon each such reletting all rent rents and other sums received by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees, and solicitor’s fees and of attorneys' fees and the costs of such of~ alterations and repairs; third, to the payment of Rent rent and other charges 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 becomes may become due and payable hereunder. If such Rent rents and other sums received from such reletting during any month is be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to Landlord, if such rents and the sums shall be more, Tenant shall have no right to, and shall receive no credit for, the excess. Such defici~ncy shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Premises leased premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless the Tenanttermination thereof is decreed by a court ofcompetentjurisdiction. Notwithstanding any such reletting releitting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Should Landlord at any time terminates terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant Tenaut all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Premisesleased premises, solicitor’s fees (on a solicitor and client basis) reasonable attorneys' 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 required to be paid pursuant to rent reserved in this Lease for the remainder of the stated Term term over the then reasonable rental value of the Demised Premises leased premises for the remainder of the stated Term, term all of which amounts shall be immediately due and payable by the from Tenant to Landlord In determining the Landlord. In any events referred rent wh~ould be payable under this Lease by Tenant subsequent to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e)default, the full amount percentage rent for each year of the current month’s instalment unexpired portion of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which term shall be deemed equal to be accruing due on a day-to-day basisthe average percentage rent payable by Tenant from the commencement of the term to the time of default, shall immediately become due and payable as accelerated Rentor during the preceding three (3) full lease years, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.whichever period is

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises reenter, as herein provided, or if should it takes 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 Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Leased Premises, and relet the Leased Premises or any part thereof for such term or terms (which may be for a term extending beyond the Termterm of this Lease) and at such Rent and rental or rentals upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers advisable. Upon may deem advisable upon each such reletting all rent reletting. All rentals received by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, and solicitor’s 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 the Landlord and applied in payment of future rent as the same becomes may become due and payable hereunder. If such Rent rentals received from such reletting during any the month is be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to Landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Premises said premises by the Landlord shall be construed as an election on in its part to terminate this Lease unless a written notice of such intention is be given to Tenant or unless the Tenanttermination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Should Landlord at any time terminates reenter or terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor Leased Premises and client basis) 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 required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Termattorney's fees, all of which amounts shall be immediately due and payable by the from Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. Maintain this Lease in full force and effect and recover the Rent and other monetary charges as they become due, without terminating Tenant's right to possession irrespective of whether Tenant shall have abandoned the Demised Premises. If the Landlord elects not to re-enter terminate the Demised Premises as herein providedLease, or if it takes possession pursuant Landlord shall have the right 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 are necessary in order attempt to relet the Demised Premises or any part thereof at such rent and upon such conditions, and for such term a term, as Landlord deems appropriate in its sole discretion and to do all acts necessary with regard thereto, without being deemed to have elected to terminate the Lease, including re-entering the Demised Premises to make repairs or terms (which to maintain or modify the Demised Premises, and removing all persons and property from the Demised Premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. Reletting may be for a period shorter or longer than the remaining term extending beyond the Term) and at such Rent and upon such other terms, covenants and conditions as the Landlord in its sole discretion considers advisable. Upon each such reletting all rent received by the Landlord from such reletting shall be applied first, to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage feesthis Lease, and solicitor’s fees and of costs of such alterations and repairs; third, to the payment of 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 becomes due and payable hereunderfor more or less rent. If such Rent received from such reletting during any month is less than that to be paid during that month by occurs, this Lease shall terminate automatically when the Tenant hereunder, the Tenant shall pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every month. No such re-entry or taking new tenant takes possession of the Demised Premises by the and commences rent payment. Notwithstanding that Landlord shall be construed as an election on its part fails to elect to terminate this the Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination the initially, Landlord may at any time thereafter may elect to terminate this the Lease for by virtue of any previous uncured default by Tenant. In the event of any such previous breach. If the termination, Landlord at any time terminates this Lease for any breach, in addition shall be entitled to any other remedies it may have, it may recover from the Tenant all damages it incurs incurred by Landlord by reason of such breachTenant's default (including, without limitation, the damages described below), as well as all costs of reletting, including the cost of recovering the Demised Premisescommissions, solicitor’s reasonable attorneys' fees (on a solicitor and client basis) and including the worth at the time of such termination of the excessactually incurred, if anyrestoration or remodeling costs for subsequent tenant, of the amount of Rent and charges equivalent to Rent required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaidconsequential damages.

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises as herein hereinabove in this Article provided, or if should it takes 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 Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Premises Leased Premise, and relet said Leased Premise or any part thereof for such term or terms (which may be for a term extending beyond the Termterm of this Lease) and at such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord in may reasonably deem advisable for its sole discretion considers advisable. Upon own account; upon each such reletting all rent rentals received by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; , second, to the payment of any costs and expenses of such reletting, including brokerage fees, and solicitor’s fees and of costs of such alterations and repairsrepairs and any other amounts due from Tenant to Landlord under the Lease; third, to the payment of Rent due and unpaid hereunder; , and the residue, if any, any shall be held by the Landlord Owner and applied in payment of future rent and other obligations of Tenant as the same becomes may become due and payable hereunder. If such Rent rentals received from such reletting during any month is be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to Landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Premises said Leased Premise by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is be given to Tenant or unless the Tenanttermination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Landlord at any time terminates this Lease for any a breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may recover from Tenant all damages it may incur by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) Leased Premise 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 required to be paid pursuant to rent reserved in this Lease lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Termterm, all of which amounts shall be immediately due and payable by the from Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the Landlord elects may exercise its right to re-enter the Demised Premises as herein provided, under Section 14.1 or if it takes take possession pursuant to legal proceedings proceeding or pursuant to any notice provided for by lawLaw and, it may either terminate this Lease or it may from time to time without terminating this Lease Lease, make such alterations Alterations and repairs Repairs as are may be necessary in order to relet the Demised Premises Premises, and relet all or any part thereof for such term or terms (which may be for a term extending beyond the Term) and at such Rent and upon such other terms, covenants and conditions as the Landlord in its sole discretion considers advisable. Upon each such reletting all rent received by the Landlord from such reletting shall be applied first, to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, and solicitor’s fees and of costs of such alterations and repairs; third, to the payment of 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 becomes due and payable hereunder. If such Rent received from such reletting during any month is less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every month. No such re-entry or taking possession of the Demised Premises by upon such terms and conditions and for such periods as Landlord deems necessary and appropriate. Upon any such relettings, the rents received therefrom are to be applied to: (i) the expenses of reletting and collection of rents, including the costs of the Repair and Alteration of the Demised Premises, or portion thereof; (ii) attorneys' fees and real estate commissions and other reletting and repossession costs paid; and (iii) thereafter to make such payment of all sums due or to become due Landlord under this Lease. If a sufficient sum is not then realized from such reletting to pay such amounts set forth in the immediately preceding sentence, Tenant shall pay to Landlord any such deficiency on demand, and Landlord shall be construed as entitled to bring an election on its part to terminate this Lease unless a written notice of action against Tenant therefor for all such intention is given to the Tenantdeficiencies. Notwithstanding any such reletting without termination the pursuant to this Section 14.3, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Event of Default, and in such event, Tenant shall immediately pay to Landlord at any time terminates this Lease for any breach, in addition a sum equal to any other remedies it may haveand all Base Rent, it may recover from the Tenant all damages it incurs by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) and including the worth at the time of such termination of the excess, if any, of the amount of Additional Rent and other monetary payments that are then due, together with all applicable interest and administrative charges equivalent to and all Base Rent required to be paid pursuant to which shall become due under this Lease for the remainder balance of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Lease Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition subject to any and applicable discounting under Section 14.5 below, Landlord having the right to accelerate all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaidsuch amounts.

Right to Relet. If In the event of Tenant’s default, should Landlord elects elect to re-enter the Demised Premises reenter, as herein providedprovided in this Lease, or if should it takes 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 Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Premises and relet the Premises or any part thereof of them for such term or other terms (which may be for a term extending beyond the Term) and at such Rent and upon such other terms, covenants and conditions as the Landlord in its sole discretion considers may deem advisable. Upon ; upon each such reletting all rent rentals received by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, and solicitor’s fees and of attorneys’ fees and costs of such alterations and repairs; third, to the payment of Rent rent due and unpaid hereunder; unpaid, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same becomes may become due and payable hereunderpayable. If such Rent rentals received from such reletting during any month is are less than that to be paid during that month by the Tenant hereunderTenant, the Tenant shall pay any such deficiency which to Landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry reentry or taking possession of the Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is be given to Tenant. Tenant covenants that service by Landlord of any notice pursuant to the Tenantunlawful detainer statutes of the state of Utah and the surrender of the Premises pursuant to such notice shall not (unless Landlord elects in writing to the contrary at the time of, or at any time subsequent to, the serving of such notice) be deemed a termination of this Lease. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter afterwards elect to terminate this Lease for such previous breach. If the Should Landlord at any time terminates terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant as damages, all of the Tenant all damages it incurs following: The worth at the time of award of the unpaid Annual Rent or additional rent that had been earned at the time of termination, together with interest on such amount from the time of termination at the rate set forth in the Summary; The worth at the time of award of the amount by reason which the reasonable value of the unpaid Annual Rental or any additional rent which would have been earned after termination until the time of award exceeds the amount of such breachrental loss that Tenant proves could have been reasonably avoided, together with interest on such amount from the time of termination at the rate set forth in the Summary; The worth at the time of award by which the reasonable value of the Annual Rent or any additional rent for the balance of the term of this Lease after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; and Any other amount necessary to compensate Landlord for all the detriment caused by Tenant’s failure to perform its obligations under this Lease or that in the ordinary course of things would be likely to result from such failure, including the cost of recovering the Demised Premises, solicitor’s fees (brokerage commissions, and reasonable attorneys’ fees, together with interest on a solicitor and client basis) and including the worth at such amount from the time of termination at the rate set forth in the Summary. All of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the from Tenant to Landlord and shall bear interest from the Landlordtime of the award at the rate set forth in the Summary. In Nothing in this Lease shall prohibit Landlord from leasing any events other vacant space in the Property before leasing the Premises, or from using its business judgment respecting the releasing of the Premises. The “worth at the time of award” of the amount referred to in Section 11.1(e), in addition to any and all other rights, including (c) shall be computed by discounting such amount at the rights referred to in this Section and in Section 11.1(e), the full amount discount rate of the current month’s instalment Federal Reserve Bank of Additional Rent and any other payments required to be made monthly hereunder, together with San Francisco at the next three months instalments for Additional Rent, all time of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaidaward plus one percentage point (1%).

Right to Relet. If the In case of an event of default, Landlord elects to re-enter the Demised Premises as herein provided, or if it 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 relet the Premises or any part thereof as agent for Tenant. In the case of any such reletting: (a) Landlord may make such alterations and repairs as are may be necessary in order to relet the Demised Premises; (b) Landlord may relet the Premises or any part thereof for such term or terms (which may be for a term extending beyond the TermTerm of this Lease) and at such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers may deem advisable. Upon each such reletting ; (c) all rent rentals received by the Landlord from such reletting shall be applied applied: (i) first, to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; ; (ii) second, to the payment repayment of any costs and expenses of such reletting, including brokerage fees, and solicitor’s fees and of solicitors’ fees and the costs of such alterations and repairs; ; (iii) third, to the payment of Rent due and unpaid hereunder; and and (iv) the residue, if any, shall be held by the Landlord and applied in payment of future rent Rent as the same becomes may become due and payable hereunder. If such Rent the rentals received from such reletting during any month is are less than that the Rent to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to Landlord. Such deficiency shall be calculated and paid monthly in advance on or before monthly. Notwithstanding such reletting, Landlord shall have the first day right to recover from Tenant all damages incurred by Landlord as a result of each Tenant’s breach including all costs of recovering and every monthreletting the Premises. No such re-entry or taking possession of the Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is be given to Tenant or unless the Tenanttermination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Should Landlord at any time terminates terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering and reletting the Demised Premises, solicitor’s fees (on a solicitor Premises and client basis) and including the worth at the time damages for loss of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional future Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the Landlord elects to Lessor re-enter enters the Demised Premises as herein above provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by lawotherwise, it may either terminate this Lease or it may may, from time to time time, without terminating this Lease Lease, make such alterations and repairs as are necessary in order it deems advisable to relet the Demised Premises, and relet the Premises or any part thereof for such term or terms (which may be for a term extending extend beyond the Lease Term) and at such Rent rentals and upon such other terms, covenants terms and conditions as the Landlord Lessor in its sole discretion considers deems advisable. Upon ; upon each such reletting reletting, all rent rentals received by the Landlord from such reletting Lessor therefrom shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the LandlordLessor; second, to the payment of pay any costs and expenses of such reletting, including brokerage fees, brokers’ and solicitor’s attorneys’ 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 the Landlord Lessor and applied in payment of future rent as the same it becomes due and payable hereunder. If such Rent rentals received from such reletting during any month is are less than that to be paid during that month by the Tenant hereunder, the Tenant shall immediately pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every monthto Lessor. No such re-entry or taking possession of the Demised Premises by the Landlord Lessor shall be construed as an election on its part to terminate this Lease unless a written notice of such intention termination is given to the Tenant. Notwithstanding any such reletting without termination the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Landlord at any time terminates this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) 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 required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaidLessor.

Right to Relet. If the Landlord elects to re-enter the Demised Premises as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease Sublease or it may from time to time without terminating this Lease Sublease make such alterations and repairs as are necessary in order to relet the Demised Premises or any part thereof for such term or terms (which may be for a term extending beyond the Term) and at such Rent and upon such other terms, covenants and conditions as the Landlord in its sole discretion considers advisable. Upon each such reletting all rent received by the Landlord from such reletting shall be applied first, to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, and solicitor’s fees and of costs of such alterations and repairs; third, to the payment of 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 becomes due and payable hereunder. If such Rent received from such reletting during any month is less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every month. No such re-entry or taking possession of the Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease Sublease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination the Landlord may at any time thereafter elect to terminate this Lease Sublease for such previous breach. If the Landlord at any time terminates this Lease Sublease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) 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 required to be paid pursuant to this Lease Sublease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the In case of an event of default, Landlord elects to re-enter the Demised Premises as herein provided, or if it 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 relet the Premises or any part thereof as agent for Tenant. In the case of any such reletting: (a) Landlord may make such alterations and repairs as are may be necessary in order to relet the Demised Premises; (b) Landlord may relet the Premises or any part thereof for such term or terms (which may ay be for a term extending beyond the TermTerm of this Lease) and at such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers may deem advisable. Upon each such reletting ; (c) all rent rentals received by the Landlord from such reletting shall be applied applied; (i) first, to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; ; (ii) second, to the payment repayment of any costs and expenses of such reletting, including brokerage fees, and solicitor’s fees and of solicitors’ fees and the costs of such alterations and repairs; ; (iii) third, to the payment of Rent due and unpaid hereunder; and and (iv) the residue, if any, shall be held by the Landlord and applied in payment of future rent Rent as the same becomes may become due and payable hereunder. If such Rent the rentals received from such reletting during any month is are less than that the Rent to be paid during that month by the Tenant hereunder, the . Tenant shall pay any such deficiency which to Landlord. Such deficiency shall be calculated and paid monthly in advance on or before monthly. Notwithstanding such reletting, landlord shall have the first day right to recover from Tenant all damages incurred by Landlord as a result of each Tenant’s breach including all costs of recovering and every monthreletting the Premises. No such re-entry or taking possession of the Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is be given to Tenant or unless the Tenanttermination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the Landlord termination, landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Should Landlord at any time terminates terminate this Lease for any breach, in addition to any other remedies remedies, it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering and reletting the Demised Premises, solicitor’s fees (on a solicitor Premises and client basis) and including the worth at the time damages for loss of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional future Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises as herein provided, provided or if -------------- should it takes take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease Agreement or it may from time to time without terminating this Lease Agreement, make such alterations and repairs as are may be necessary in order to relet the Demised Premises, and relet said Demised Premises or any part thereof for such term or terms (which may be for a term extending beyond the Termterm of this Lease Agreement) and at such Rent rental or rentals and upon such other termsterms and conditions, covenants and conditions as the Landlord in its sole discretion considers may deem advisable. Upon , upon each such reletting all rent rentals received by the Landlord from such reletting shall be applied apply first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlordlandlord; second, to the payment of any reasonable costs and expenses of such reletting, including brokerage fees, fees and solicitor’s attorney's 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 the Landlord and applied in payment of future rent as the same becomes may become due and payable hereunder. If such Rent rentals received from such reletting during any month is be less than that to be paid during that month by the Tenant hereunder, the hereunder Tenant shall pay any such deficiency which to Landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the said Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease Agreement unless a written notice of such intention is be given to Tenant or unless the Tenanttermination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Should Landlord at any time terminates terminate this Lease Agreement for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) and including all reasonable attorneys' fees, the worth at the time of such termination of the excess, if any, of the amount of Rent rent and charges equivalent to Rent required to be paid pursuant to rent reserved in this Lease Agreement for the remainder of the stated Term term over the then reasonable rental value of the Demised Premises for the remainder of the stated Termterm, all of which amounts shall be immediately due and payable by the from Tenant to the Landlord. In any events referred to in Section 11.1(e)Without limitation of Landlord's other rights and remedies, and regardless of whether Landlord shall have re-entered, relet or terminated this Lease Agreement, in addition to any and all other rightsthe event of default or breach by Tenant, including at the rights referred to in election of Landlord (i) the entire rent for the whole term of this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent Lease Agreement and any other payments required indebtedness of Tenant to Landlord hereunder may be made monthly hereunder, together with the next three months instalments for Additional Rent, all of accelerated as provided in subsection 14.1 in which case such amount shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rentpayable, and the or (ii) Landlord may immediately distrain proceed for past due installments and indebtedness only, reserving Landlord's right to proceed later for the same, together with any arrears then unpaidremaining installments and subsequently maturing indebtedness.

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises enter, as herein provided, or if should it takes 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 Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Leased Premises, and relet the Leased Premises or any part thereof for such term or terms (which may be for a term extending beyond the TermTerm of this Lease) and at such Rent and rental or rentals upon such other terms, covenants terms and conditions as the Landlord in its it sole discretion considers advisable. Upon may deem advisable upon each such reletting all rent reletting. All rentals received by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, and solicitor’s 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 the Landlord and applied in payment of future rent as the same becomes may become due and payable hereunder. If such Rent rentals received from such reletting during any the month is be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to Landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Premises said premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is be given to Tenant or unless the Tenanttermination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Should Landlord at any time terminates terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Leased Premises, solicitor’s fees (on a solicitor and client basis) 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 required to be paid pursuant to the rent reserved in this Lease for the remainder of the stated Term term over the then reasonable rental value of the Demised Leased Premises for the remainder of the stated Termterm, all of which amounts shall be immediately due and payable by the from Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. BATCHELD\4315610\5 BATCHELD\4315610\5 BATCHELD\4315610\5 BATCHELD\4315610\5 If the Landlord elects to re-enter the Demised Premises as herein provided, or if it 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 are necessary in order to relet the Demised Premises or any part thereof for such term or terms (which may be for a term extending beyond the Term) and at such Rent and upon such other terms, covenants and conditions as the Landlord in its sole discretion considers advisable. Upon each such reletting all rent received by the Landlord from such reletting shall be applied first, to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, and solicitor’s fees and of costs of such alterations and repairs; third, to the payment of 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 becomes due and payable hereunder. If such Rent received from such reletting during any month is less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every month. No such re-entry or taking possession of the Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Landlord at any time terminates this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) 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 required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the Landlord elects to re-enter terminate Tenant's right to possession of the Demised Leased Premises as herein provided, or if it 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 Lease, but elects not to pursue the remedies set forth in Section 7.1.4, Tenant shall continue to be liable for all Rent and repairs as are necessary in order Landlord agrees to use reasonable and good faith efforts to relet the Demised Premises Leased Premises, or any part thereof for such term thereof, to a substitute tenant or terms (tenants, which reletting may be for a term extending beyond period of time equal to or lesser or greater than the Term) and at such Rent and upon such other terms, covenants remainder of the Term on whatever terms and conditions as Landlord, in Landlord's commercially reasonable judgment, deems advisable. Notwithstanding anything herein to the contrary, reasonable and good faith efforts to relet the Leased Premises shall not (i) require Landlord to give priority to the Leased Premises over other premises owned or managed by Landlord or its Affiliates; (ii) require Landlord to relet for less than market rent; or (iii) require Landlord to relet to a tenant (or for a use) which is not in keeping with the standards of first class office buildings in the Greenway Plaza and Galleria areas. Tenant shall be given a credit against the Rent due from Tenant to Landlord during the remainder of the Term in the net amount of rent received from the new tenant; however, the net amount of such rent received from the new tenant shall first be applied to: (i) a reasonable and appropriate pro rata share of the costs incurred by Landlord in its sole discretion considers advisable. Upon each such reletting all rent received by the Landlord from such reletting shall be applied firstLeased Premises (including, to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; secondwithout limitation, to the payment of any costs and expenses of such relettingremodeling costs, including brokerage fees, legal fees, advertising costs and solicitor’s fees the like) [for example, if there is only three (3) years remaining in the Term of this Lease and of costs Landlord executes a ten (10) year lease with the new tenant, Tenant shall only be responsible for thirty percent (30%) of such alterations costs]; (ii) the accrued sums, plus interest and repairs; thirdlate charges if in arrears, to under the payment terms of Rent due and unpaid hereunder; and the residue, if any, shall be held by the Landlord and applied in payment this Lease; (iii) Landlord's reasonable cost of future rent as the same becomes due and payable hereunder. If such Rent received from such reletting during any month is less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every month. No such re-entry or taking recovering possession of the Demised Premises by Leased Premises; and (iv) the Landlord shall be construed as an election on its part cost of storing (for a period not to terminate this Lease exceed thirty (30) days unless a written notice longer period is mandated by law or judicial decree) any of such intention is given to Tenant's property left on the TenantLeased Premises after reentry. Notwithstanding any such reletting without termination the of this Lease, Landlord may at any time thereafter elect to terminate this Lease exercise its rights under Section 7.1.4 for such previous breach. If the Landlord at Notwithstanding any time terminates this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) 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 required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to provision in this Section and in Section 11.1(e)7.1.5 to the contrary, upon the full amount default of any substitute tenant or upon the expiration of the current month’s instalment lease term of Additional Rent and any other payments required such substitute tenant before the expiration of the Term, Landlord may, at Landlord's election, either relet to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaidstill another substitute tenant or exercise its rights under Section 7.1.4.

Right to Relet. If the Should Landlord elects elect to re-enter the Demised Premises enter, as herein provided, provided or if should it takes 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 Lease Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Premises, and relet said Premises or any part thereof for such term or terms (which may be for a term extending beyond the Termterms of this Lease) and at such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord landlord in its sole discretion considers may deem advisable. Upon each such reletting all rent rentals received by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, fees and solicitor’s attorneys' fees and of costs of such alterations alteration and repairs; , 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 becomes may become due and payable hereunder. If such Rent rentals received from such reletting during any month is be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised said Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is be given to Tenant or unless the Tenanttermination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease lease for such previous breach. If the Should Landlord at any time terminates terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees and the present worth (on a solicitor and client basisdiscounted at 6%) 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 required to be paid pursuant to rent reserved in this Lease lease for the remainder of the stated Term term over the then reasonable rental value of the Demised Premises for the remainder of the stated Termterm, all of which amounts shall be immediately due and payable by the from Tenant to the Landlord. In any events referred determining the rent which would be payable by Tenant hereunder, subsequent to in Section 11.1(e)default, in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e)with or without termination, the full amount annual rent for each year of the current month’s instalment unexpired term shall be equal to the Base Rent applicable under the terms of Additional Rent and any other payments required the lease plus the annual average of Percentage Rents paid by Tenant from the commencement of the term to be made monthly hereunderthe time of default or during the preceding two full lease years, together with the next three months instalments for Additional Rent, all whichever period is shorter. The above stated remedies of which Landlord shall be deemed to be accruing due on a day-in addition to-day basis, shall immediately become due and payable as accelerated Rent, and the not in lieu of, any other rights and remedies which Landlord may immediately distrain for the same, together with any arrears then unpaidhave in law or in equity.

Right to Relet. (a) If the Landlord elects to re-enter the Demised Premises as herein providedPremises, or if it 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 any alterations and repairs as are necessary in order to relet the Demised Premises or any part thereof for such term or terms Premises. Upon each reletting (which reletting the Landlord may be for a term extending beyond the Term) and do at such Rent rental and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers may deem advisable. Upon each such reletting ) all rent received by the Landlord from such reletting shall will be applied firstapplied, first to the payment of any indebtedness other than Basic Rent or Additional Rent due hereunder from the Tenant to the Landlordhereunder; second, to the payment of any costs and expenses of such reletting, reletting including reasonable brokerage fees, and solicitor’s fees and of reasonable solicitor's fees and 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, shall will be held by the Landlord and applied in payment of future rent Rent as the same it becomes due and payable hereunder. If such Rent received from such reletting during any month is less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every month. No such re-entry or taking possession of the Demised Premises by the Landlord shall will be construed as an election on its part to terminate this Lease unless a written notice of such that intention is given to the Tenant. Notwithstanding any such reletting without termination termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. . (b) If the Landlord at any time terminates this Lease for any breachLease, in addition to any other remedies it may haveavailable, it may recover from the Tenant Tenant, unless a court orders otherwise, all damages it the Landlord incurs by reason of such the Tenant's breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor all reasonable legal costs incurred by the Landlord and client basis) and including the worth at the time of such termination of the excessBasic Rent, if any, of the amount of Additional Rent and charges equivalent to Rent required to be paid pursuant to this Lease GST which would have been payable for the remainder of the stated Term over had the then reasonable rental value of the Demised Premises for the remainder of the stated TermLease not otherwise have been terminated, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In . (c) Upon the occurrence of any of the events referred to in Section 11.1(e)14.1, in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s 's instalment of Additional Basic Rent and any other payments required to be made monthly hereunderAdditional Rent, together with the next three months months' instalments for of Basic Rent and Additional Rent, all of which shall will be deemed to be accruing due on a day-to-day basis, shall immediately will become due and payable upon the default continuing beyond the applicable notice period as accelerated Rentrent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the Landlord elects to re-enter enters the Demised Premises as herein above provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by lawotherwise, it may either terminate this Lease, but Tenant shall remain liable for all obligations arising during the balance of the original stated term as hereafter provided as if this Lease had remained in full force and effect, or it may may, from time to time time, without terminating this Lease Lease, make such alterations and repairs as are necessary in order it deems advisable to relet the Demised Premises, and relet the Premises or any part thereof for such term or terms (which may be for a term extending extend beyond the Lease Term) and at such Rent rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers deems advisable. Upon ; upon each such reletting all rent rentals received by the Landlord from such reletting therefrom shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of pay any costs and expenses of such reletting, including brokerage fees, brokers and solicitor’s attorneys' 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 the Landlord and applied in payment of future rent as the same it becomes due and payable hereunder. If such Rent rentals received from such reletting during any month is are less than that to be paid during that month by the Tenant hereunder, the Tenant shall immediately pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every monthto Landlord. No such re-entry or taking possession of the Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention termination is given to the Tenantby Landlord. Notwithstanding any such reletting without termination the termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breachany prior breach or default. If the Landlord at any time terminates this Lease for any breach, or otherwise takes any action on account of Tenant's breach or default hereunder, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs incurred by reason of such breachbreach or default, including the cost of recovering the Demised Premises, solicitor’s brokerage fees (on a solicitor and client basis) expenses of placing the Premises in rentable condition, attorneys' fees, and including an amount equal to the worth at difference between the time Minimum Rent and all items of such termination additional rents reserved hereunder for the period which otherwise would have constituted the balance of the excess, if any, of the amount of Rent Lease Term and charges equivalent to Rent required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable present rental value of the Demised Premises for the remainder of the stated Termsuch period, all of which amounts shall be immediately due and payable by the Tenant both discounted in accordance with accepted financial practice to the Landlord. In any events referred then present worth, at the average rate established and announced for United States Treasury Bills, with a maturity of thirteen (13) weeks at the four (4) weekly auctions held immediately prior to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), date of such termination [the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rentfour (4) week average bill rate], all of which shall ixxxxiately be due and payable by Tenant to Landlord. In determining the rental value of the Premises, the rental realized by any reletting, if such reletting be accomplished by Landlord within a reasonable time after the termination of this Lease, shall be deemed prima facie to be the rental value, but if Landlord shall not undertake to relet or having undertaken to relet, has not accomplished reletting, then it will be conclusively presumed that the Minimum Rent and all items of additional rent reserved under this Lease represent the rental value of the Premises for the purposes herein (in which event Landlord may recover from Tenant, the full total of all Minimum Rent and all items of additional rent due hereunder, discounted to present value as hereinbefore provided). Landlord shall, however, account to Tenant for the Minimum Rent and additional rents received from persons using or occupying the Premises during the period representing that which would have constituted the balance of the Lease Term, but only at the end of said period, and only if Tenant shall have paid to Landlord its damages as provided herein, and only to the extent of sums recovered from Tenant as Landlord's damages, Tenant waiving any claim to any surplus. Nothing herein contained, however, shall limit or prejudice the right of Landlord to prove and obtain as damages by reason of such termination, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, such damages are to be proved. Tenant's obligation to reimburse Landlord for attorneys' fees as referred to in this Lease shall include all reasonable legal costs, fees and expenses arising out of (i) Tenant's default in the performance or observance of any of the terms, covenants, conditions or obligations contained in this Lease and Landlord places the enforcement of all or any part of this Lease, the collection of any rent due or to become due or the recovery of possession of the Premises in the hands of an attorney or (ii) Landlord's incurring any fees or out of pocket costs in any litigation, negotiation or transaction in which Tenant causes Landlord to be involved or concerned, in either event regardless of whether or not suit is actually filed. In the event of any breach or threatened breach by Tenant of any of the terms and provisions of this Lease, Landlord shall have the right to injunctive relief as if no other remedies were provided for herein for such breach. Any rights and remedies reserved by, or granted to, Landlord under this Lease, at law or in equity, are distinct, separate and cumulative, and the exercise of any one of them shall not be deemed to be accruing due preclude, waive or prejudice Landlord's right to exercise any or all others. Tenant expressly waives any right to assert a defense based on a day-to-day basismerger and agrees that neither the commencement of any action or proceeding, nor the settlement thereof, nor the entry of judgment therein, shall immediately become due bar Landlord from bringing any subsequent actions or proceedings from time to time. Wherever in this Lease Landlord has reserved or is granted the right of "reentry" into the Premises, the use of such word is not intended, nor shall it be construed, to be limited to its technical legal meaning. Tenant waives and payable as accelerated Rentreleases any claim arising out of or related to the payment of percentage rent by any successor tenant in the Premises, and the to whom Landlord may immediately distrain for relet the samePremises. , together but nothing contained herein shall obligate Landlord to relet if Tenant shall default hereunder. Except as otherwise specifically required by this Lease, Tenant waives any and all statutory and legal notice requirements. Any action, suit or proceeding relating to, arising out of or in connection with the terms, conditions and covenants of this Lease shall may be brought by Landlord against Tenant in the Circuit or Superior Court of Orange Marion County, California. Indiaxx Xxxant hereby waives any arrears then unpaidobjection to jurisdiction or venue in any proceeding before said Court. Nothing contained herein shall affect the right of Landlord to bring any action, suit or proceeding against Tenant in the courts of any other jurisdictions.

Right to Relet. If the Landlord elects to re-enter the Demised Premises enters as herein above provided, or if it takes 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 time, without terminating this Lease Lease, make such alterations and repairs as are necessary in order would be commercially reasonable to relet the Demised Leased Premises, and relet the Leased Premises or any part thereof for such term or terms (which may be for a term extending extend beyond the Lease Term) and at such Rent rents and upon such other terms, covenants terms and conditions as are commercially reasonable under the Landlord in its sole discretion considers advisable. Upon circumstances; upon each such reletting all rent rents received by the Landlord from such reletting therefrom shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of pay any costs and expenses of such reletting, including brokerage fees, brokers and solicitor’s attorneys' 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 the Landlord and applied in payment of future rent as the same it becomes due and payable hereunder. If such Rent rents received from such reletting during any month is are less than that to be paid during that month by the Tenant hereunder, the Tenant shall immediately pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every month. No such re-entry or taking possession of the Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination the Landlord may at any time thereafter elect to terminate this Lease for such previous breachLandlord. If the Landlord at any time terminates this Lease for any breach, in addition to any other remedies it may have, have it may recover from the Tenant all damages it incurs damages, together with all reasonable attorneys' fees and litigation expenses, incurred by reason of such breachbreach or default, including all costs and legal expenses and fees of retaking the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) Leased Premises and including the worth at the time of such termination of the excess, if any, of the amount of Rent total rent and charges equivalent to Rent required to be paid pursuant to reserved in this Lease for the remainder of the stated Lease Term over the then reasonable rental rent value of the Demised Leased Premises for the remainder of the stated Lease Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If Should the Landlord elects elect to re-enter the Demised Premises enter, as herein provided, or if should it takes take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this the Lease or it may from time to time without terminating this Lease Lease, make such alterations and repairs as are may be necessary in order to relet the Demised Leased Premises, and relet the Leased Premises or any part thereof as agent for the Tenant for such term or terms (which may be for a term extending beyond the Termterm of this Lease) and at as such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers may deem advisable. Upon each ; upon such reletting all rent received rentals reserved by the Landlord from such reletting shall be applied applied, first, to the payment of any indebtedness indebtness other than Rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, fees and solicitor’s solicitor fees and of costs of such alterations and repairs; third, to the payment of Rent due and unpaid hereunder; , and the residue, if any, shall be held by the Landlord and applied in payment of future rent Rent as the same becomes may become due and payable hereunder. If such Rent rentals received from such reletting during any month is months be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which to the Landlord. Such deficiency shall be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is be given to the TenantTenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If Should the Landlord at any time terminates terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs may incur by reason of such breach, including the cost of recovering the Demised Leased Premises, solicitor’s fees (on a solicitor and client basis) 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 required to be paid pursuant to reserved in this Lease for the remainder of the stated Term term hereof over the then reasonable rental value of the Demised Leased Premises for the remainder of the stated Termterm, hereof all of which amounts shall be immediately due and payable by from the Tenant to the Landlord. In any events referred determining the Rent which would be payable by the Tenant hereunder, subsequent to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e)default, the full amount annual Rent for each year of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which unexpired term shall be deemed equal to be accruing due on a day-to-day basisthe average annual fixed Base Rent paid by the Tenant from the Lease Commencement Date to the time of default, shall immediately become due and payable as accelerated Rentor during the preceding three (3) full calendar years, and the Landlord may immediately distrain for the same, together with any arrears then unpaidwhichever period is shorter.

Right to Relet. If the Landlord elects to re-enter enters the Demised Premises as herein above provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by lawotherwise, it may either terminate this Lease or it may may, from time to time time, without terminating this Lease Lease, make such alterations and repairs as are necessary in order it deems advisable to relet the Demised Premises, and relet the Premises or any part thereof for such term or terms (which may be for a term extending extend beyond the Lease Term) and at such Rent rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole discretion considers deems advisable. Upon ; upon each such reletting all rent rentals received by the Landlord from such reletting therefrom shall be applied applied, first, to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, to the payment of pay any costs and expenses of such reletting, including brokerage fees, brokers and solicitor’s attorneys' 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 the Landlord and applied in payment of future rent as the same it becomes due and payable hereunder. LANDLORD SHALL USE REASONABLE EFFORTS TO MITIGATE ITS DAMAGES HEREUNDER. If such Rent rentals received from such reletting during any month is are less than that to be paid during that month by the Tenant hereunder, the Tenant shall immediately pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every monthto Landlord. No such re-entry or taking possession of the Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention termination is given to the Tenantby Landlord. Notwithstanding any such reletting without termination the Termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breachany prior breach or default. If the Landlord at any time terminates this Lease for any breach, or otherwise takes any action on account of Tenant's breach or default hereunder, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs incurred by reason of such breachbreach or default, including REASONABLE attorneys' fees, all REASONABLE costs of retaking the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) Premises and including the worth at the time of such termination of the excess, if any, of the amount of Rent total rent and charges equivalent to Rent required to be paid pursuant to reserved in this Lease for the remainder of the stated Lease Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Lease Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred determining the rent payable by Tenant hereunder subsequent to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e)default, the full amount Minimum Annual Rent for each year of the current month’s instalment unexpired portion of Additional the Lease Term shall equal the average Minimum Annual [CONFIDENTIAL] Rent and any other payments required which Tenant was obligated to be made monthly hereunderpay from the commencement of the Lease Term to the time of default, together with or during the next preceding three months instalments for Additional Rent(3) full calendar years, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaidwhichever period is shorter.

Right to Relet. If the Landlord elects to re-enter the Demised Premises as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either thereafter terminate this Lease or Lease, or, it may from time to time without terminating this Lease make such alterations and repairs as are necessary in order to relet the Demised Premises or any part thereof and to relet the Premises or part thereof as agent for the Tenant for such term or terms (which may be for a term extending beyond the Term) and at such Rent and upon such other terms, covenants and conditions as the Landlord in its sole discretion considers advisable. Upon each such reletting all rent Rent received by the Landlord from such reletting shall be applied firstapplied, first to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, reletting including brokerage fees, fees and solicitor’s 's fees and of costs of such alterations and repairs; third, to the payment of Rent due and unpaid hereunder; and the residue, if any, shall be held by the Landlord and applied in payment of future rent Rent as the same becomes due and payable hereunder. If such Rent received from such reletting during any month is less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency deficiency, which shall be calculated and paid monthly in advance on or before the first day of each and every month. No such re-entry or taking possession of the Demised Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. If the Landlord at any time terminates this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) 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 required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s instalment of Additional Rent and any other payments required to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the Landlord elects to re-enter the Demised Premises enters, as herein provided, or if it 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 the Tenant's obligations under this Lease Lease, make such alterations and repairs as are considered by the Landlord necessary in order to facilitate a reletting, and relet the Demised Premises or any part thereof as agent of the Tenant for such term or terms (which may be for a term extending beyond the Term) and at such Rent rental or rentals and upon such other terms, covenants terms and conditions as the Landlord in its sole reasonable discretion considers advisable. Upon each such reletting all rent and other monies received by the Landlord from such the reletting shall will be applied firstapplied, first to the payment of any indebtedness other than Rent rent due hereunder from the Tenant to the Landlord; second, secondly to the payment of any costs and expenses of such reletting, the reletting including brokerage fees, fees and solicitor’s 's fees and cost of costs of such the alterations and repairs; third, and third to the payment of Rent rent due and unpaid hereunder; and the . The residue, if any, shall will be held by the Landlord and applied in payment of future rent as the same it becomes due and payable hereunderpayable. If such Rent the rent received from such the reletting during any a month is less than that the rent to be paid during that month by the Tenant hereunderTenant, the Tenant shall will pay any such the deficiency which shall to the Landlord. The deficiency will be calculated and paid monthly in advance on or before the first day of each and every monthmonthly. No such re-entry or taking possession of the Demised Premises by the Landlord shall will be construed as an election on its part to terminate this Lease lease unless a written notice of such that intention is given to the Tenant. Notwithstanding any such Despite a reletting without termination termination, the Landlord may elect at any time thereafter elect to terminate this Lease for such a previous breach. If the Landlord at any time terminates this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, the breach including the cost of recovering the Demised Premises, solicitor’s reasonable legal fees (on a solicitor and client basis) 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 required to be paid pursuant to rent reserved in this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall immediately will be immediately due and payable by the Tenant to the Landlord. In any of the events referred to in Section 11.1(e)Sections 18.01, 18.02 and 18.03, in addition to any and all other rights, including the rights referred to in this section and Section and in Section 11.1(e)18.01, the full amount of the current month’s instalment 's minimum rent, monthly contributions towards taxes, insurance premiums, the Tenant's proportionate Share of Additional Rent the Operating Costs and any all other payments required to be made monthly hereunder, together with and the next three (3) months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall minimum rent immediately will become due and payable as accelerated Rentpayable, and the Landlord may immediately distrain for the sameit, together with any arrears then unpaid.

Right to Relet. (a) If the Landlord elects to re-enter the Demised Premises as herein providedLeased Premises, or if it 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 any alterations and repairs as are necessary in order to relet the Demised Premises or any part thereof for such term or terms (which may be for a term extending beyond the Term) and at such Rent and upon such other terms, covenants and conditions as the Landlord in its sole discretion considers advisableLeased Premises. Upon each such reletting all rent received by the Landlord from such reletting shall will be applied firstapplied, first to the payment of any indebtedness other than Basic Rent or Additional Rent due hereunder from the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, reletting including brokerage fees, fees and solicitor’s '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, shall will be held by the Landlord and applied in payment of future rent Rent as the same it becomes due and payable hereunder. If such Rent the rent received from such a reletting during any month is less than that to be paid during that month payable by the Tenant hereunderunder the terms of this Lease, then the Tenant shall will pay any such the deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every month. No such re-entry or taking possession of the Demised Premises by the Landlord shall Leased premises will be construed as an election on its part to terminate this Lease unless a written notice of such that intention is given to the Tenant. Notwithstanding any such reletting without termination termination, the Landlord may at any time thereafter elect to terminate this Lease for such the previous breach. . (b) If the Landlord at any time terminates this Lease for any breachLease, in addition to any other remedies it may haveavailable, it may recover from the Tenant all damages it the Landlord incurs by reason of such the Tenant's breach, including the cost of recovering the Demised Leased Premises, all solicitor’s 's fees (on a solicitor and his client basis) and including the worth at the time of such the termination of the excess, if any, of the amount of Basic Rent and charges equivalent to Additional Rent required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Leased Premises for the remainder of the stated Term, all of which amounts shall will be immediately due and payable by the Tenant to the Landlord. In On the occurrence of any of the events referred to in Section 11.1(e)13.01, in addition to any and all other rights, including the rights referred to in this Section and in Section 11.1(e), the full amount of the current month’s 's instalment of Basic Rent and Additional Rent payments for the current month and any other payments required to be made monthly hereunder, together with the next three months (3) months' instalments of Basic Rent and Additional Rent for Additional Rentthe next three (3) months, all of which shall will be deemed to be accruing due on a day-to-day basis, shall will immediately become due and payable as accelerated Rentrent, and the Landlord may immediately distrain for the same, together with any arrears then unpaid.

Right to Relet. If the Landlord elects to re-enter terminate Tenant's right to possession of the Demised Leased Premises as herein provided, or if it 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 Lease, but elects not to pursue the remedies set forth in Section 7.1.4, Tenant shall continue to be liable for all Rent and repairs as are necessary in order Landlord agrees to use reasonable and good faith efforts to relet the Demised Premises Leased Premises, or any part thereof for such term thereof, to a substitute tenant or terms (tenants, which reletting may be for a term extending beyond period of time equal to or lesser or greater than the Term) and at such Rent and upon such other terms, covenants remainder of the Term on whatever terms and conditions as Landlord, in Landlord's commercially reasonable judgment, deems advisable. Notwithstanding anything herein to the contrary, reasonable and good faith efforts to relet the Leased Premises shall not (i) require Landlord to give priority to the Leased Premises over other premises owned or managed by Landlord or its Affiliates; (ii), require Landlord to relet for less than market rent; or (iii) require Landlord to relet to a tenant (or for a use) which is not in keeping with the standards of first class office buildings in the Greenway Plaza and Galleria areas. Tenant shall be given a credit against the Rent due from Tenant to Landlord during the remainder of the Term in the net amount of rent received from the new tenant; however, the net amount of such rent received from the new tenent shall first be applied to: (i) a reasonable and appropriate pro rata share of the costs incurred by Landlord in its sole discretion considers advisable. Upon each such reletting all rent received by the Landlord from such reletting shall be applied firstLeased Premises (including, to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; secondwithout limitation, to the payment of any costs and expenses of such relettingremodeling costs, including brokerage fees, legal fees, advertising costs and solicitor’s fees the like) [for example if there is only three (3) years remaining in the Term of this Lease and of costs Landlord executes a ten (l0) year lease with the new tenant, Tenant shall only be responsible for thirty percent (30%) of such alterations costs]; (ii) the accrued sums, plus interest and repairs; thirdlate charges if in arrears, to under the payment terms of Rent due and unpaid hereunder; and the residue, if any, shall be held by the Landlord and applied in payment this Lease; (iii) Landlord's reasonable cost of future rent as the same becomes due and payable hereunder. If such Rent received from such reletting during any month is less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency which shall be calculated and paid monthly in advance on or before the first day of each and every month. No such re-entry or taking recovering possession of the Demised Premises by Leased Premises; and (iv) the Landlord shall be construed as an election on its part cost of storing (for a period not to terminate this Lease exceed thirty (30) days unless a written notice longer period is mandated by law or judicial decree) any of such intention is given to Tenant's property left on the TenantLeased Premises after reentry. Notwithstanding any such reletting without termination the of this Lease, Landlord may at any time thereafter elect to terminate this Lease exercise its rights under Section 7.1.4 for such previous breach. If the Landlord at Notwithstanding any time terminates this Lease for any breach, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including the cost of recovering the Demised Premises, solicitor’s fees (on a solicitor and client basis) 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 required to be paid pursuant to this Lease for the remainder of the stated Term over the then reasonable rental value of the Demised Premises for the remainder of the stated Term, all of which amounts shall be immediately due and payable by the Tenant to the Landlord. In any events referred to in Section 11.1(e), in addition to any and all other rights, including the rights referred to provision in this Section and in Section 11.1(e)7.1.5 to the contrary, upon the full amount default of any substitute tenant or upon the expiration of the current month’s instalment lease term of Additional Rent and any other payments required such substitute tenant before the expiration of the Term, Landlord may, at Landlord's election, either relet to be made monthly hereunder, together with the next three months instalments for Additional Rent, all of which shall be deemed to be accruing due on a day-to-day basis, shall immediately become due and payable as accelerated Rent, and the Landlord may immediately distrain for the same, together with any arrears then unpaidstill another substitute tenant or exercise its rights under Section 7.1.4.