Common use of SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION Clause in Contracts

SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the right without prior demand or notice except as required by applicable Law to: (i) seek any declaratory, injunctive or other equitable relief. and specifically: enforce this Lease or restrain or enjoin a violation of any provision hereof: and Tenant hereby waives any right to require that Landlord post a bond or other security in connection therewith, and (ii) sxx for and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained in this Lease, to the extent not expressly prohibited by applicable Law. in the event of' any Default by Tenant, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare all Rent reserved for the remainder or the Terra to be immediately due and payable (in which event, Tenant's obligations for Taxes and Expenses that would have accrued thereafter shall be projected in the manner described in Section B(1), above): provided the Rent so accelerated shall be discounted in accordance with accepted financial practice at the rate of !bur percent (4%) per annum to the then present value, and Landlord shall. after receiving payment of die same from Tenant, be obligated to turn over to Tenant any actual net relating proceeds (net of all Costs Reletting) thereafter received during the remainder or the Term, up to the amount so received from Tenant pursuant to this provision.

SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the right rights and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Paragraph (B), above or any Law or other provision of this Lease), without prior demand or notice except as required by applicable Law toLaw: (i) to seek any declaratory, injunctive or other equitable relief. , and specifically: specifically enforce this Lease Lease, or restrain or enjoin a violation or breach of any provision hereof: and Tenant hereby waives any right to require that Landlord post a bond or other security in connection therewith, and (ii) sxx to xxx for and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained in this Lease, to the extent not expressly prohibited by applicable Law. , in the event of' of any Default by TenantTenant not cured within any applicable time for cure hereunder, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare that all Rent reserved for the remainder or of the Terra to Term shall be immediately due and payable (in which event, Tenant's obligations for Prorata Share of Taxes and Expenses that would have accrued thereafter Operating Expenses, for the remainder of the Term shall be projected in based upon the manner described in Section B(1), above): provided the Rent so accelerated shall be discounted in accordance with accepted financial practice at the average rate of !bur percent (4%) per annum to increase, if any, in such items from the then present valueCommencement Date through the date of such declaration); provided, and Landlord shall. , after receiving payment of die the same from Tenant, be obligated to turn over to Tenant any actual net relating proceeds (net of all Costs Reletting) Net Re-Letting Proceeds thereafter received during the remainder or of the Term, up to the amount so received from Tenant pursuant to this provision.

SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the right rights and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Paragraph (B), above or any Law or other provision of this Lease), without prior demand or notice except as required by applicable Law toLaw: (i) to seek any declaratory, injunctive or other equitable relief. , and specifically: specifically enforce this Lease Lease, or restrain or enjoin a violation or breach of any provision hereof: and Tenant hereby waives any right to require that Landlord post a bond or other security in connection therewith, and (ii) sxx to xxx for and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained in this Lease, to the extent not expressly prohibited by applicable Law. , in the event of' of any Default by TenantTenant not cured within any applicable time for cure hereunder, Landlord may terminate this Lease or Tenant's ’s right to possession and accelerate and declare that all Rent reserved for the remainder or of the Terra to Term shall be immediately due and payable (in which event, Tenant's obligations for ’s Prorata Share of Taxes and Operating Expenses that would have accrued thereafter for the remainder of the Term shall be projected in based upon the manner described in Section B(1), above): provided the Rent so accelerated shall be discounted in accordance with accepted financial practice at the average rate of !bur percent (4%) per annum to increase, if any, in such items from the then present valueCommencement Date through the date of such declaration); provided, and Landlord shall. , after receiving payment of die the same from Tenant, be obligated to turn over to Tenant any actual net relating proceeds (net of all Costs Reletting) Net Re-Letting Proceeds thereafter received during the remainder or of the Term, up to the amount so received from Tenant pursuant to this provision.

SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the right rights and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Paragraph (B) above, or any Law or other provision of this Lease), without prior demand or notice except as required by applicable Law toLaw: (i) to seek any declaratory, injunctive or other equitable relief. , and specifically: specifically enforce this Lease Lease, or restrain or enjoin a violation or breach of any provision hereof: and Tenant hereby waives any right to require that Landlord post a bond or other security in connection therewith, and (ii) sxx to xxx for and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained in this Lease, to the extent not expressly prohibited by applicable Law. , in the event of' of any Default by TenantTenant not cured within any applicable time for cure hereunder, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare that all Rent reserved for the remainder or of the Terra to Term shall be immediately due and payable to the extent provided by law (in which event, Tenant's obligations Prorata Share of Operating Expenses, and for Taxes and Expenses that would have accrued thereafter the remainder of the Term shall be projected in based upon the manner described in Section B(1), above): provided the Rent so accelerated shall be discounted in accordance with accepted financial practice at the average rate of !bur percent (4%) per annum to increase, if any, in such items from the then present valueCommencement Date through the date of such declaration); provided, and Landlord shall. , after receiving payment of die the same from Tenant, be obligated to turn over to Tenant any actual net relating proceeds (net of all Costs Reletting) Net Re-Letting Proceeds thereafter received during the remainder or of the Term, up to the amount so received from Tenant pursuant to this provision.

SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the right rights and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Paragraph (B), above or any Law or other provision of this Lease), without prior demand or notice except as required by applicable Law toLaw: (i) to seek any declaratory, injunctive or other equitable relief. , and specifically: specifically enforce this Lease or Lease, restrain or enjoin a violation or breach of any provision hereof: and Tenant hereby waives any right to require that Landlord post a bond or other security in connection therewith, and (ii) sxx to xxx for and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained in this Lease, to the extent not expressly prohibited by applicable Law. , in the event of' of any Default by TenantTenant not cured within any applicable time for cure hereunder, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare that all Rent reserved for the remainder or of the Terra to Term shall be immediately due and payable (in which event, Tenant's obligations for Prorata Share of Taxes and Expenses that would have accrued thereafter Operating Expenses, for the remainder of the Term shall be projected based upon the average rate of increase, if any, in such items from the manner described in Section B(1Commencement Date through the date of such declaration), above): provided the Rent so accelerated shall be discounted in accordance with accepted financial practice at the rate of !bur percent (4%) per annum to the then present valueprovided, and Landlord shall. , after receiving payment of die the same from Tenant, be obligated to turn over to Tenant any actual net relating proceeds (net of all Costs Reletting) Net Re-Letting Proceeds thereafter received during the remainder or of the Term, up to the amount so received from Tenant pursuant to this provision.

SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the right rights and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Paragraph (B), above or any Law or other provision of this Lease), without prior demand or notice except as required by applicable Law toLaw: (i) to seek any declaratory, injunctive or other equitable relief. , and specifically: specifically enforce this Lease Lease, or restrain or enjoin a violation or breach of any provision hereof: and Tenant hereby waives any right to require that Landlord post a bond or other security in connection therewith, and (ii) sxx to xxx for and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained in this Lease, to the extent not expressly prohibited by applicable Law. , in the event of' of any Default by TenantTenant not cured within any applicable time for cure hereunder, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare that all Rent reserved for the remainder or of the Terra to Term shall be immediately due and payable (in which event, Tenant's obligations for Prorata Share of Taxes and Operating Expenses that would have accrued thereafter for the remainder of the Term shall be projected in based upon the manner described in Section B(1), above): provided the Rent so accelerated shall be discounted in accordance with accepted financial practice at the average rate of !bur percent (4%) per annum to increase, if any, in such items from the then present valueCommencement Date through the date of such declaration); provided, and Landlord shall. , after receiving payment of die the same from Tenant, be obligated to turn over to Tenant any actual net relating proceeds (net of all Costs Reletting) Net Re-Letting Proceeds thereafter received during the remainder or of the Term, up to the amount so received from Tenant pursuant to this provision.

SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the right rights and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Paragraph (B), above or any Law or other provision of this Lease), without prior demand or notice except as required by applicable Law toLaw: (i) to seek any declaratory, injunctive or other equitable relief. , and specifically: specifically enforce this Lease Lease, or restrain or enjoin a violation or breach of any provision hereof: and Tenant hereby waives any right to require that Landlord post a bond or other security in connection therewith, and (ii) sxx to xxx for and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained in this Lease, to the extent not expressly prohibited by applicable Law. , in the event of' of any Default by TenantTenant not cured within any applicable time for cure hereunder, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare that all Rent reserved for the remainder or of the Terra to Term shall be immediately due and payable (in which event, Tenant's obligations for Prorata Share of Taxes and Expenses that would have accrued thereafter Operating Expenses, and CPI Escalation Amounts for the remainder of the Term shall be projected in based upon the manner described in Section B(1), above): provided the Rent so accelerated shall be discounted in accordance with accepted financial practice at the average rate of !bur percent (4%) per annum to increase, if any, in such items from the then present valueCommencement Date through the date of such declaration); provided, and Landlord shall. , after receiving payment of die the same from Tenant, be obligated to turn over to Tenant any actual net relating proceeds (net of all Costs Reletting) Net Re-Letting Proceeds thereafter received during the remainder or of the Term, up to the amount so received from Tenant pursuant to this provision.

SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the right rights and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Paragraph (B) above or under any Law or other provision of this Lease), without prior demand or notice except as required by applicable Law toLaw: (i) to seek any declaratory, injunctive or other equitable relief. and specifically: , to specifically enforce this Lease or Lease, and to restrain or enjoin a violation or breach of any provision hereof: and Tenant hereby waives any right to require that Landlord post a bond or other security in connection therewith, ; and (ii) sxx to sue for and collect any unpaid Rent which has accrued. Notwithstanding anything Notwithstandinx xnything to the contrary contained in this Lease, to the extent not expressly prohibited by applicable Law. , in the event of' of any Default by TenantTenant not cured within any applicable time for cure hereunder, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare that all Rent reserved for the remainder or of the Terra to Term shall be immediately due and payable (in which event, Tenant's obligations for Prorata Share of Taxes and Operating Expenses that would have accrued thereafter for the remainder of the Term shall be projected projected, based upon the average rate increase, if any, in such items from the manner described in Section B(1Commencement Date through the date of such declaration); provided, above): provided the Rent so accelerated shall be discounted in accordance with accepted financial practice at the rate of !bur percent (4%) per annum to the then present value, and Landlord shall. , after receiving payment of die the same from Tenant, be obligated to turn over to Tenant any actual net relating proceeds (net of all Costs Reletting) Net Re-Letting Proceeds thereafter received during the remainder or of the Term, up to the amount so received from Tenant pursuant to this provision.

SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the right without prior demand or notice except as required by applicable Law to: (i) seek any declaratory, injunctive or other equitable relief. , and specifically: specifically enforce this Lease or restrain or enjoin a violation of any provision hereof: , and Tenant hereby waives any right to require that Landlord post a bond or other security in connection therewith, and (ii) sxx xxx for and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained in this Lease, to the extent not expressly prohibited by applicable Law. , in the event of' of any Default by Tenant, Landlord may terminate this Lease or Tenant's ’s right to possession and accelerate and declare all Rent reserved for the remainder or of the Terra Term to be immediately due and payable (in which event, Tenant's ’s obligations for Taxes and Expenses that would have accrued thereafter shall be projected in the manner described in Section B(1B (1), above): ); provided the Rent so accelerated shall be discounted in accordance with accepted financial practice at the rate of !bur four percent (4%) per annum to the then present value, and Landlord shall. , after receiving payment of die the same from Tenant, be obligated to turn over to Tenant any actual net relating reletting proceeds (net of all Costs of Reletting) thereafter received during the remainder or of the Term, up to the amount so received from Tenant pursuant to this provision.

SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the right rights and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Paragraph (B), above or any Law or other provision of this Lease), without prior demand or notice except as required by applicable Law toLaw: (i) to seek any declaratory, injunctive or other equitable relief. , and specifically: specifically enforce this Lease Lease, or restrain or enjoin a violation or breach of any provision hereof: and Tenant hereby waives any right to require that Landlord post a bond or other security in connection therewith, and (ii) sxx to xxx for and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained in this Lease, to the extent not expressly prohibited by applicable Law. , in the event of' of any Default by TenantTenant not cured within any applicable time for cure hereunder, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare that all Rent reserved for the remainder or of the Terra to Term shall be immediately due and payable (in which event, Tenant's obligations for Prorata Share of Taxes and Operating Expenses that would have accrued thereafter for the remainder of the Term shall be projected based upon the average rate of increase, if any, in such items from the manner described in Section B(1Commencement Date through the date of such declaration), above): provided the Rent so accelerated and such amount shall be discounted in accordance with accepted financial practice to present value at the an interest rate of !bur percent (4%) per annum equal to the then present valueaverage yield on United States Treasury securities having a maturity date closest to the Expiration Date; provided, and Landlord shall. , after receiving payment of die the same from Tenant, be obligated to turn over to Tenant any actual net relating proceeds (net of all Costs Reletting) Net Re-Letting Proceeds thereafter received during the remainder or of the Term, up to the amount so received from Tenant pursuant to this provision.

SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the right rights and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Paragraph (B), above or any Law or other provision of this Lease), without prior demand or notice except as required by applicable Law toLaw: (i) to seek any declaratory, injunctive or other equitable relief. , and specifically: specifically enforce this Lease the Lease, or restrain or enjoin a violation or breach of any provision hereof: and Tenant hereby waives any right to require that Landlord post a bond or other security in connection therewith, and (ii) sxx to xxx for and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained in In this Lease, to the extent not expressly prohibited by applicable Law. , in the event of' of any Default by TenantTenant not cured within any applicable time for cure hereunder, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare that all Rent reserved for the remainder or of the Terra to Term shall be immediately due and payable (in which event, Tenant's obligations for Prorata Share of Taxes and Operating Expenses that would have accrued thereafter for the remainder of the Term shall be projected in based upon the manner described in Section B(1), above): provided the Rent so accelerated shall be discounted in accordance with accepted financial practice at the average rate of !bur percent (4%) per annum to increase, if any, in such items from the then present valueCommencement Date through the date of such declaration); provided, and Landlord shall. , after receiving payment of die the same from Tenant, be obligated to turn over to Tenant any actual net relating proceeds (net of all Costs Reletting) Not Re-Letting Proceeds thereafter received during the remainder or of the Term, up to the amount so received from Tenant pursuant to this provision.

SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the right without prior demand or notice except as required by applicable Law to: (i) seek any declaratory, injunctive or other equitable relief. , and specifically: specifically enforce this Lease or restrain or enjoin a violation of any provision hereof: , and Tenant hereby waives any right to require that Landlord post a bond or other security in connection therewith, and (ii) sxx xxx for and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained in this Lease, to the extent not expressly prohibited by applicable Law. , in the event of' of any Default by Tenant, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare all Rent reserved for the remainder or of the Terra Term to be immediately due and payable (in which event, Tenant's obligations for Taxes and Expenses that would have accrued thereafter shall be projected in the manner described in Section B(1B (1), above): ); provided the Rent so accelerated shall be discounted in accordance with accepted financial practice at the rate of !bur four percent (4%) per annum to the then present value, and Landlord shall. , after receiving payment of die the same from Tenant, be obligated to turn over to Tenant any actual net relating reletting proceeds (net of all Costs of Reletting) thereafter received during the remainder or of the Term, up to the amount so received from Tenant pursuant to this provision.

SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the right rights and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Paragraph (B), above or any Law or other provision of this Lease), without prior demand or notice except as required by applicable Law toLaw: (i) to seek any declaratory, injunctive or other equitable relief. , and specifically: specifically enforce this Lease Lease, or restrain or enjoin a violation or breach of any provision hereof: and Tenant hereby waives any right to require that Landlord post a bond or other security in connection therewith, and (ii) sxx for to sue xxx and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained in this Lease, to the extent not expressly prohibited by applicable Law. , in the event of' of any Default by TenantTenant not cured within any applicable time for cure hereunder, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare that all Rent reserved for the remainder or of the Terra to Term shall be immediately due and payable (in which event, Tenant's obligations for Prorata Share of Taxes and Operating Expenses that would have accrued thereafter for the remainder of the Term shall be projected in based upon, the manner described in Section B(1), above): provided the Rent so accelerated shall be discounted in accordance with accepted financial practice at the average rate of !bur percent (4%) per annum to increase, if any, in such items from the then present value, and Landlord shall. after receiving payment of die same from Tenant, be obligated to turn over to Tenant any actual net relating proceeds (net of all Costs Reletting) thereafter received during the remainder or the Term, up to the amount so received from Tenant pursuant to this provision.Commencement Date through

SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the right and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Article 23.02 above, or any Law or other -------- --------- Tenant Landlord provision of this Lease), without prior demand or notice except as required by applicable Law to: (i) seek any declaratory, injunctive or other equitable relief. , and specifically: specifically enforce this Lease Lease, or restrain or enjoin a violation or breach of any provision hereof: and Tenant hereby waives any right to require that Landlord post a bond or other security in connection therewith, and (ii) sxx xxx for and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained in this Lease, to the extent not expressly prohibited by applicable Law. , in the event of' of any Default default by TenantTenant not cured within any applicable time for cure hereunder, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare that all Rent reserved for the remainder or of the Terra to Term shall be immediately due and payable (in which event, Tenant's obligations for Pro Rata Share of Taxes and Operating Expenses that would have accrued thereafter for the remainder of the Term shall be projected in based upon the manner described in Section B(1), above): provided the Rent so accelerated shall be discounted in accordance with accepted financial practice at the average rate of !bur percent (4%) per annum to increase, if any, in such items from the then present value, and Commencement Date through the date of such declaration); provided Landlord shall. , after receiving payment of die the same from Tenant, be obligated to turn over to Tenant any actual net relating proceeds (net of all Costs Reletting) Net Reletting Proceeds thereafter received during the remainder or of the Term, up to the amount so received from Tenant pursuant to this provision.

SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the right rights and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Paragraph (B) above, or any Law or other provision of this Lease), without prior demand or notice except as required by applicable Law toLaw: (i) to seek any declaratory, injunctive or other equitable relief. , and specifically: specifically enforce this Lease Lease, or restrain or enjoin a violation or breach of any provision hereof: and Tenant hereby waives any right to require that Landlord post a bond or other security in connection therewith, and (ii) sxx for to sue xxx and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained in this Lease, to the extent not expressly prohibited by applicable Law. , in the event of' of any Default by TenantTenant not cured within any applicable time for cure hereunder, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare that all Rent reserved for the remainder or of the Terra to Term shall be immediately due and payable to the extent provided by law (in which event, Tenant's obligations Prorata Share of Operating Expenses, and for Taxes and Expenses that would have accrued thereafter the remainder of the Term shall be projected in based upon the manner described in Section B(1), above): provided the Rent so accelerated shall be discounted in accordance with accepted financial practice at the average rate of !bur percent (4%) per annum to increase, if any, in such items from the then present valueCommencement Date through the date of such declaration); provided, and Landlord shall. , after receiving payment of die the same from Tenant, be obligated to turn over to Tenant any actual net relating proceeds (net of all Costs Reletting) Net Re-Letting Proceeds thereafter received during the remainder or of the Term, up to the amount so received from Tenant pursuant to this provision.

SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. During the continuation of a Default, Landlord shall at all times have the right without prior demand or notice except as required by applicable Law to: (i) seek any declaratory, injunctive or other equitable relief. , and specifically: specifically enforce this Lease Sublease or restrain or enjoin a violation of any provision hereof: , and Tenant Subtenant hereby waives any right to require that Landlord post a bond or other security in connection therewith, and (ii) sxx sue for and collect any unpaid Rent which has accrued. Notwithstanding anything Notwithstandinx xnything to the contrary contained in this LeaseSublease, to the extent not expressly prohibited by applicable Law. in , during the event of' continuation of any Default by TenantSubtenant, Landlord may terminate this Lease Sublease or TenantSubtenant's right to possession and accelerate and declare all Rent reserved for the remainder or of the Terra Term to be immediately due and payable (in which event, TenantSubtenant's obligations for Taxes and Expenses that would have accrued thereafter shall be projected in the manner described in Section B(1B (1), above): ); provided the Rent so accelerated shall be discounted in accordance with accepted financial practice at the rate of !bur four percent (4%) per annum to the then present value, and Landlord shall. , after receiving payment of die the same from TenantSubtenant, be obligated to turn over to Tenant Subtenant any actual net relating reletting proceeds (net of all Costs of Reletting) thereafter received during the remainder or of the Term, up to the amount so received from Tenant Subtenant pursuant to this provision.