Common use of Termination of Right of Possession Clause in Contracts

Termination of Right of Possession. If Landlord terminates the right of Tenant to possession of the Premises without terminating this Lease, as provided for by subparagraph (ii) of Section 19(b), then Landlord shall be entitled to recover from Tenant all the fixed dollar amounts of Rent accrued and unpaid for the period up to and including such termination date, as well as all other additional sums payable by Tenant, or for which Tenant is liable or in respect of which Tenant has agreed to indemnify Landlord under any of the provisions of this Lease, which may be then owing and unpaid, and all costs and expenses, including without limitation court costs and reasonable attorneys’ fees and expenses incurred by Landlord in the enforcement of its rights and remedies hereunder, and in addition, Landlord shall be entitled to recover from Tenant from time to time, and Tenant shall remain liable for, all Rent and all other additional sums thereafter accruing as they become due under this Lease during the period from the date of such notice of termination of possession to the stated end of the Term. In any such case, Landlord shall use reasonable efforts as required by applicable law to relet the Premises for the account of Tenant for such rent, for such time (which may be for a term extending beyond the Term of this Lease), in such portions and upon such terms as Landlord in Landlord’s sole discretion shall determine, and Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant relative to such reletting. Landlord may give priority over leasing the Premises to any other space Landlord desires to lease in the Building and shall not be required in any case to offer rent, length of terms or other terms for the Premises which are or would be less favorable to Landlord than being offered for comparable space of Landlord in the Building. Also, in any such case, Landlord may make repairs, alterations and additions in or to the Premises and redecorate the same to the extent deemed by Landlord necessary or desirable, and in connection therewith Landlord may change the locks to the Premises, and Tenant shall upon written demand pay the cost thereof together with Landlord’s expenses of reletting. Landlord may collect the rents from any such reletting and shall apply the same first to the payment of the expenses of reentry, redecoration, repair, alterations and reletting and second to the payment of Rent herein provided to be paid by Tenant, and any excess or residue shall operate only as an offsetting credit against the amount of Rent, if any, due and owing or as the same thereafter becomes due and payable hereunder, but the use of such offsetting credit to reduce the amount of Rent due Landlord, if any, shall not be deemed to give Tenant any right, title or interest in or to such excess or residue, and any such excess or residue shall belong to Landlord solely; provided that in no event shall Tenant be entitled to such a credit against Rent in excess of the aggregate sum (including Base Rent and Additional Rent) which would have been paid by Tenant for the period for which the credit to Tenant is being determined had no Default occurred. No such re-entry, repossession, repairs, alterations, additions or reletting shall be construed as an eviction or ouster of Tenant or as an election on Landlord’s part to terminate this Lease, unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder, and Landlord may, at any time and from time to time, xxx and recover judgment for any deficiencies from time to time remaining after the application from time to time of the proceeds of any such reletting.

Termination of Right of Possession. If Landlord terminates the right of Tenant to possession of the Premises without terminating this Lease, as provided for by subparagraph (ii) of Section 19(b), then Landlord shall be entitled to recover from Tenant all the fixed dollar amounts of Rent accrued and unpaid for the period up to and including such termination date, as well as all other additional sums payable by Tenant, or for which Tenant is liable or in respect of which Tenant Xxxxxx has agreed to indemnify Landlord under any of the provisions of this Lease, which may be then owing and unpaid, and all costs and expenses, including including, without limitation limitation, court costs and reasonable attorneys’ fees and expenses incurred by Landlord in the enforcement of its rights and remedies hereunder, and in addition, Landlord shall be entitled to recover from Tenant from time to time, and Tenant shall remain liable for, all Rent and all other additional sums thereafter accruing as they become due under this Lease during the period from the date of such notice of termination of possession to the stated end of the Term. In any such case, Landlord shall use reasonable efforts as required by applicable law Laws to relet the Premises for the account of Tenant for such rentRent, for such time (which may be for a term extending beyond the Term of this Lease), in such portions and upon such terms as Landlord in Landlord’s sole discretion shall determine, and Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant relative to such reletting. Landlord may give priority over leasing the Premises to any other space Landlord desires to lease in the Building and shall not be required in any case to offer rent, length of terms or other terms for the Premises which are or would be less favorable to Landlord than being offered for comparable space of Landlord in the Building. Also, in any such case, Landlord may make (or cause to be made) repairs, alterations and additions in or to the Premises and redecorate (or cause to be redecorated) the same to the extent deemed by Landlord necessary or desirable, and in connection therewith Landlord may change (or cause to be changed) the locks to the Premises, and Tenant shall upon written demand pay the cost thereof together with Landlord’s the expenses of relettingreletting incurred by Landlord, its property manager or other designated agent. Landlord may collect the rents from any such reletting and shall apply the same first to the payment of the expenses of reentry, redecoration, repair, alterations and reletting and second to the payment of Rent herein provided to be paid by TenantXxxxxx, and any excess or residue shall operate only as an offsetting credit against the amount of Rent, if any, due and owing or as the same thereafter becomes due and payable hereunder, but the use of such offsetting credit to reduce the amount of Rent due Landlord, if any, shall not be deemed to give Tenant any right, title or interest in or to such excess or residue, and any such excess or residue shall belong to Landlord solely; provided that in no event shall Tenant be entitled to such a credit against Rent in excess of the aggregate sum (including Base Monthly Rent and Additional Rent) which would have been paid by Tenant for the period for which the credit to Tenant is being determined had no Default occurred. No such re-entry, repossession, repairs, alterations, additions or reletting shall be construed as an eviction or ouster of Tenant or as an election on Landlord’s part to terminate this Lease, unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder, and Landlord may, at any time and from time to time, xxx sue and recover judgment for any deficiencies from time to time remaining after the application from time to time of the proceeds of any such reletting.

Termination of Right of Possession. If the Landlord terminates elects to terminate the Tenant's right to possession only without terminating the Lease, the Landlord may, at the Landlord's option, enter into the Premises, remove the Tenant's property, signs, and other evidences of tenancy, and take and hold possession thereof as hereinabove provided, without such entry and possession terminating the Lease or releasing the Tenant, in whole or in part, from the Tenant's obligations to pay the Rent hereunder for the full term or from any of its other obligations under this Lease. Landlord shall have the right of Tenant to possession relet all or any part of the Premises without terminating this Lease, for such rent and upon such terms as provided for by subparagraph (ii) of Section 19(b), then Landlord shall be entitled satisfactory to recover from Tenant all Landlord in its sole discretion (including the fixed dollar amounts right to relet the Premises as part of Rent accrued a larger area and unpaid for the period up right to and including such termination date, as well as all other additional sums payable by Tenant, change the character or for which Tenant is liable or in respect of which Tenant has agreed to indemnify Landlord under any use made of the provisions of this Lease, which may be then owing and unpaid, and all costs and expenses, including without limitation court costs and reasonable attorneys’ fees and expenses incurred by Landlord in the enforcement of its rights and remedies hereunder, and in addition, Landlord shall be entitled to recover from Tenant from time to time, and Tenant shall remain liable for, all Rent and all other additional sums thereafter accruing as they become due under this Lease during the period from the date of such notice of termination of possession to the stated end of the TermPremises). In any such case, Landlord shall use reasonable efforts to relet the Premises, but in no event shall Landlord have an obligation to expend or advance any funds for marketing, commissions, tenant improvements, cleaning, remodeling or other purposes related to reletting unless Tenant first deposits with Landlord the total amount of such anticipated costs, as required Landlord shall estimate. Landlord shall have no obligation to accept any replacement tenant who in Landlord's sole discretion is not creditworthy or whose or reputation intended use would be detrimental to the Premises or the property of which the Premises is a part. Landlord shall not be deemed to have failed to use such reasonable efforts to mitigate its damages by applicable law reasons of the fact that Landlord has leased or sought to lease other vacant premises owned or controlled by Landlord or its affiliates in preference to reletting the Premises, or by reason of the fact that Landlord has sought to relet the Premises for the account of Tenant for such rent, for such time (which may be for at a term extending beyond the Term of this Lease), in such portions and upon such terms as Landlord in Landlord’s sole discretion shall determine, and Landlord shall not be required to accept any tenant offered rental rate higher than that payable by Tenant or to observe any instructions given by Tenant relative to under the Lease (but not in excess of the then current market rental rate). For the purpose of such reletting. Landlord may give priority over leasing the Premises to any other space Landlord desires to lease in the Building and shall not be required in any case to offer rent, length of terms or other terms for the Premises which are or would be less favorable to Landlord than being offered for comparable space of Landlord in the Building. Also, in any such case, Landlord may decorate or make any repairs, changes, alterations and or additions in or to the Premises and redecorate the same to the extent deemed by Landlord that may be necessary or desirableconvenient, and in connection therewith the cost of which shall be borne solely by Tenant. If Landlord may change does not relet the locks Premises, Tenant shall pay to Landlord on demand all costs of attempting to relet the Premises, and Rent and other sums provided herein to be paid by Tenant for the remainder of the Lease Term as the same shall upon written demand pay become due and payable. If the cost thereof together with Landlord’s expenses of reletting. Landlord may collect the rents Premises are relet and a sufficient sum shall not be realized from any such reletting and shall apply the same first to the payment after paying all of the expenses of reentry, redecoration, repair, alterations and such reletting and second the collection of the rent accruing therefrom (including, but not by way of limitation, attorneys' fees and brokers' commissions), to satisfy the payment of Rent and other charges herein provided to be paid by Tenantfor the remainder of the Lease Term, and Tenant shall pay to Landlord on demand any excess or residue shall operate only as an offsetting credit against the amount of Rent, if any, due and owing or deficiency as the same thereafter becomes shall become due and payable hereunder, but the use of such offsetting credit to reduce the amount of Rent due Landlord, if any, payable. Tenant shall not be deemed to give Tenant any right, title or interest in or to such excess or residue, and any such excess or residue shall belong to Landlord solely; provided that in no event shall Tenant be entitled to such a credit against any surplus if the Premises are leased for an amount greater than the Rent in excess reserved hereunder. Tenant agrees that Landlord may file suit to recover any sums falling due under the terms of the aggregate sum (including Base Rent and Additional Rent) which would have been paid by Tenant for the period for which the credit this Section from time to Tenant is being determined had no Default occurredtime. No such re-entry, repossession, repairs, alterations, additions or reletting shall be construed as an eviction or ouster of Tenant or as Notwithstanding an election on Landlord’s part by Landlord to terminate Tenant's right to possession, Landlord may at any time thereafter elect to terminate this Lease, unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder, and Landlord may, at any time and from time to time, xxx and recover judgment for any deficiencies from time to time remaining after the application from time to time of the proceeds of any such reletting.

Termination of Right of Possession. If the Landlord terminates elects to terminate the Tenant's right to possession only without terminating the Lease, the Landlord may, at the Landlord's option, enter into the Premises, remove the Tenant's property, signs, and other evidences of tenancy, and take and hold possession thereof as hereinabove provided, without such entry and possession terminating the Lease or releasing the Tenant, in whole or in part, from the Tenant's obligations to pay the Rent hereunder for the full term or from any of its other obligations under this Lease. Landlord shall have the right of Tenant to possession relet all or any part of the Premises without terminating this Lease, for such rent and upon such terms as provided for by subparagraph (ii) of Section 19(b), then Landlord shall be entitled satisfactory to recover from Tenant all Landlord in its sole discretion (including the fixed dollar amounts right to relet the Premises as part of Rent accrued a larger area and unpaid for the period up right to and including such termination date, as well as all other additional sums payable by Tenant, change the character or for which Tenant is liable or in respect of which Tenant has agreed to indemnify Landlord under any use made of the provisions of this Lease, which may be then owing and unpaid, and all costs and expenses, including without limitation court costs and reasonable attorneys’ fees and expenses incurred by Landlord in the enforcement of its rights and remedies hereunder, and in addition, Landlord shall be entitled to recover from Tenant from time to time, and Tenant shall remain liable for, all Rent and all other additional sums thereafter accruing as they become due under this Lease during the period from the date of such notice of termination of possession to the stated end of the TermPremises). In any such case, Landlord shall use reasonable efforts to relet the Premises, but in no event shall Landlord have an obligation to expend or advance any funds for marketing, commissions, tenant improvements, cleaning, remodeling or other purposes related to reletting unless Tenant first deposits with Landlord the total amount of such anticipated costs, as required Landlord shall estimate. Landlord shall have no obligation to accept any replacement tenant who in Landlord's sole discretion is not creditworthy or whose or reputation intended use would be detrimental to the Premises or the property of which the Premises is a part. Landlord shall not be deemed to have failed to use such reasonable efforts to mitigate its damages by applicable law reasons of the fact that Landlord has leased or sought to lease other vacant premises owned or controlled by Landlord or its affiliates in preference to reletting the Premises, or by reason of the fact that Landlord has sought to relet the Premises for the account of Tenant for such rent, for such time (which may be for at a term extending beyond the Term of this Lease), in such portions and upon such terms as Landlord in Landlord’s sole discretion shall determine, and Landlord shall not be required to accept any tenant offered rental rate higher than that payable by Tenant or to observe any instructions given by Tenant relative to under the Lease (but not in excess of the then current market rental rate). For the purpose of such reletting. Landlord may give priority over leasing the Premises to any other space Landlord desires to lease in the Building and shall not be required in any case to offer rent, length of terms or other terms for the Premises which are or would be less favorable to Landlord than being offered for comparable space of Landlord in the Building. Also, in any such case, Landlord may decorate or make any repairs, changes, alterations and or additions in or to the Premises and redecorate the same to the extent deemed by Landlord that may be necessary or desirableconvenient, and in connection therewith the cost of which shall be borne solely by Tenant. If Landlord may change does not relet the locks Premises, Tenant shall pay to Landlord on demand all costs of attempting to relet the Premises, and Rent and other sums provided herein to be paid by Tenant for the remainder of the Lease Term as the same shall upon written demand pay become due and payable. If the cost thereof together with Landlord’s expenses of reletting. Landlord may collect the rents Premises are relet and a sufficient sum shall not be realized from any such reletting and shall apply the same first to the payment after paying all of the expenses of reentry, redecoration, repair, alterations and such reletting and second the collection of the rent accruing therefrom (including, but not by way of limitation, attorneys' fees and brokers' commissions), to satisfy the payment of Rent and other charges herein provided to be paid by Tenantfor the remainder of the Lease Term, and Tenant shall pay to Landlord on demand any excess or residue shall operate only as an offsetting credit against the amount of Rent, if any, due and owing or deficiency as the same thereafter becomes shall become due and payable hereunder, but the use of such offsetting credit to reduce the amount of Rent due Landlord, if any, payable. Tenant shall not be deemed to give Tenant any right, title or interest in or to such excess or residue, and any such excess or residue shall belong to Landlord solely; provided that in no event shall Tenant be entitled to such a credit against any surplus if the Premises are leased for an amount greater than the Rent in excess reserved hereunder. Xxxxxx agrees that Landlord may file suit to recover any sums falling due under the terms of the aggregate sum (including Base Rent and Additional Rent) which would have been paid by Tenant for the period for which the credit this Section from time to Tenant is being determined had no Default occurredtime. No such re-entry, repossession, repairs, alterations, additions or reletting shall be construed as an eviction or ouster of Tenant or as Notwithstanding an election on Landlord’s part by Xxxxxxxx to terminate Xxxxxx's right to possession, Landlord may at any time thereafter elect to terminate this Lease, unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder, and Landlord may, at any time and from time to time, xxx and recover judgment for any deficiencies from time to time remaining after the application from time to time of the proceeds of any such reletting.

Termination of Right of Possession. If the Landlord terminates elects to terminate the Tenant’s right to possession only without terminating the Lease, the Landlord may, at the Landlord’s option, enter into the Premises, remove the Tenant’s property, signs, and other evidences of tenancy, and take and hold possession thereof as hereinabove provided, without such entry and possession terminating the Lease or releasing the Tenant, in whole or in part, from the Tenant’s obligations to pay the Rent hereunder for the full term or from any of its other obligations under this Lease. Landlord shall have the right of Tenant to possession relet all or any part of the Premises without terminating this Lease, for such rent and upon such terms as provided for by subparagraph (ii) of Section 19(b), then Landlord shall be entitled satisfactory to recover from Tenant all Landlord in its sole discretion (including the fixed dollar amounts right to relet the Premises as part of Rent accrued a larger area and unpaid for the period up right to and including such termination date, as well as all other additional sums payable by Tenant, change the character or for which Tenant is liable or in respect of which Tenant has agreed to indemnify Landlord under any use made of the provisions of this Lease, which may be then owing and unpaid, and all costs and expenses, including without limitation court costs and reasonable attorneys’ fees and expenses incurred by Landlord in the enforcement of its rights and remedies hereunder, and in addition, Landlord shall be entitled to recover from Tenant from time to time, and Tenant shall remain liable for, all Rent and all other additional sums thereafter accruing as they become due under this Lease during the period from the date of such notice of termination of possession to the stated end of the TermPremises). In any such case, Landlord shall use reasonable efforts as required by applicable law to relet the Premises Premises, but in no event shall Landlord have an obligation to expend or advance any funds for marketing, commissions, tenant improvements, cleaning, remodeling or other purposes related to reletting unless Tenant first deposits with Landlord the account total amount of Tenant for such rentanticipated costs, for such time (which may be for a term extending beyond the Term of this Lease), in such portions and upon such terms as Landlord shall estimate. Landlord shall have no obligation to accept any replacement tenant who in Landlord’s sole discretion shall determine, and is not creditworthy or whose or reputation intended use would be detrimental to the Premises or the property of which the Premises is a part. Landlord shall not be required deemed to accept any tenant offered have failed to use such reasonable efforts to mitigate its damages by reasons of the fact that Landlord has leased or sought to lease other vacant premises owned or controlled by Landlord or its affiliates in preference to reletting the Leased Premises, or by reason of the fact that Landlord has sought to relet the Leased Premises at a rental rate higher than that payable by Tenant or to observe any instructions given by Tenant relative to under the Lease. For the purpose of such reletting. Landlord may give priority over leasing the Premises to any other space Landlord desires to lease in the Building and shall not be required in any case to offer rent, length of terms or other terms for the Premises which are or would be less favorable to Landlord than being offered for comparable space of Landlord in the Building. Also, in any such case, Landlord may decorate or make any repairs, changes, alterations and or additions in or to the Premises and redecorate the same to the extent deemed by Landlord that may be necessary or desirableconvenient, and in connection therewith the cost of which shall be borne solely by Tenant. If Landlord may change does not relet the locks Premises, Tenant shall pay to Landlord on demand all costs of attempting to relet the Premises, and Rent and other sums provided herein to be paid by Tenant for the remainder of the Lease Term as the same shall upon written demand pay become due and payable. If the cost thereof together with Landlord’s expenses of reletting. Landlord may collect the rents Premises are relet and a sufficient sum shall not be realized from any such reletting and shall apply the same first to the payment after paying all of the expenses of reentry, redecoration, repair, alterations and such reletting and second the collection of the rent accruing therefrom (including, but not by way of limitation, attorneys’ fees and brokers’ commissions), to satisfy the payment of Rent and other charges herein provided to be paid by Tenantfor the remainder of the Lease Term, and Tenant shall pay to Landlord on demand any excess or residue shall operate only as an offsetting credit against the amount of Rent, if any, due and owing or deficiency as the same thereafter becomes shall become due and payable hereunder, but the use of such offsetting credit to reduce the amount of Rent due Landlord, if any, payable. Tenant shall not be deemed to give Tenant any right, title or interest in or to such excess or residue, and any such excess or residue shall belong to Landlord solely; provided that in no event shall Tenant be entitled to such a credit against any surplus if the Premises are leased for an amount greater than the Rent in excess reserved hereunder. Tenant agrees that Landlord may file suit to recover any sums falling due under the terms of the aggregate sum (including Base Rent and Additional Rent) which would have been paid by Tenant for the period for which the credit this Section from time to Tenant is being determined had no Default occurredtime. No such re-entry, repossession, repairs, alterations, additions or reletting shall be construed as an eviction or ouster of Tenant or as Notwithstanding an election on Landlordby Landlord to terminate Tenant’s part right to possession, Landlord may at any time thereafter elect to terminate this Lease, unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder, and Landlord may, at any time and from time to time, xxx and recover judgment for any deficiencies from time to time remaining after the application from time to time of the proceeds of any such reletting.

Termination of Right of Possession. If Landlord terminates the Tenant’s right of Tenant to possession of the Premises without terminating (but not this Lease, as provided for by subparagraph (ii) of Section 19(b), then Landlord shall be entitled to recover from Tenant all the fixed dollar amounts of Rent accrued and unpaid for the period up to and including such termination date, as well as all other additional sums payable by Tenant, or for which Tenant is liable or in respect of which Tenant has agreed to indemnify Landlord under any of the provisions of this Lease, which may be then owing and unpaid, and all costs and expenses, including without limitation court costs and reasonable attorneys’ fees and expenses incurred by Landlord in the enforcement of its rights and remedies hereunder, and in addition, Landlord shall be entitled to recover from Tenant from time to time, and Tenant shall remain liable for, all Rent and all other additional sums thereafter accruing as they become due under this Lease during the period from the date of such notice of termination of possession to the stated end of the Term. In any such case, Landlord shall use commercially reasonable efforts as required by applicable law to relet the Premises for the account of Tenant for such rentwithout thereby releasing Tenant from any liability hereunder and without demand or notice of any kind to Tenant; provided, for such time however, (which may be for a term extending beyond the Term of this Lease), in such portions and upon such terms as Landlord in Landlord’s sole discretion shall determine, and a) Landlord shall not be required obligated to accept any tenant offered proposed by Tenant or Tenant, (b) Landlord shall have the right to observe any instructions given by Tenant relative to such reletting. Landlord may give priority over leasing the Premises to lease any other space controlled by Landlord desires first, and (c) any proposed tenant shall meet all of Landlord’s leasing criteria. For the purpose of such reletting Landlord is authorized to lease in the Building and shall not be required in make any case to offer rent, length of terms or other terms for the Premises which are or would be less favorable to Landlord than being offered for comparable space of Landlord in the Building. Also, in any such case, Landlord may make repairs, alterations and changes, alterations, or additions in or to the Premises and redecorate the same to the extent deemed by as Landlord deems reasonably necessary or desirable. If the Premises are not relet, and in connection therewith Landlord may change the locks to the Premises, and then Tenant shall upon written demand pay the cost thereof together with Landlord’s expenses of reletting. to Landlord may collect the rents from any such reletting and shall apply the same first as damages a sum equal to the payment of the expenses of reentry, redecoration, repair, alterations and reletting and second to the payment of Rent herein provided to be paid by Tenant, and any excess or residue shall operate only as an offsetting credit against the amount of Rentthe Rent reserved in this Lease for such period or periods, if anyplus the cost of recovering possession of the Premises (including attorneys’ fees and costs of suit), due the unpaid Rent and owing or as other amounts accrued hereunder at the same thereafter becomes due time of repossession, and payable hereunder, but the use of such offsetting credit costs incurred in any attempt by Landlord to reduce relet the amount of Rent due Landlord, if any, Premises. If the Premises are relet and a sufficient sum shall not be deemed to give Tenant any rightrealized from such reletting [after first deducting therefrom, title or interest in or to such excess or residuefor retention by Landlord, the unpaid Rent and any such excess or residue shall belong to Landlord solely; provided that in no event shall Tenant be entitled to such a credit against Rent in excess other amounts accrued hereunder at the time of reletting, the cost of recovering possession (including attorneys’ fees and costs of suit), all of the aggregate sum (including Base Rent costs and Additional Rent) which would have been paid by Tenant for the period for which the credit to Tenant is being determined had no Default occurred. No such re-entryexpense of repairs, repossession, repairschanges, alterations, additions or and additions, the expense of such reletting (including without limitation brokerage fees and leasing commissions) and the cost of collection of the rent accruing therefrom] to satisfy the Rent provided for in this Lease to be paid, then Tenant shall immediately satisfy and pay any such deficiency. Any such payments due Landlord shall be construed as an eviction or ouster of Tenant or as an election on Landlord’s part made upon demand therefor from time to terminate this Lease, unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder, and Landlord may, at any time and Tenant agrees that Landlord may file suit to recover any sums falling due from time to time, xxx and recover judgment for any deficiencies from time to time remaining after the application from time to time of the proceeds of . Notwithstanding any such relettingreletting without termination, Landlord may at any time thereafter elect in writing to terminate this Lease for such previous breach.

Termination of Right of Possession. If Landlord terminates the right ---------------------------------- of Tenant to possession of the Premises without terminating this Leaselease, as provided for by subparagraph (ii) of Section 19(b), then Landlord shall be entitled to recover from Tenant all the fixed dollar amounts of Rent accrued and unpaid for the period up to and including such termination date, as well as all other additional sums payable by Tenant, or for which Tenant is liable or in respect of which Tenant has agreed to indemnify Landlord under any of the provisions of this Leaselease, which may be then owing and unpaid, and all costs and expenses, including without limitation court costs and reasonable attorneys’ ' fees and expenses incurred by Landlord in the enforcement of its rights and remedies hereunder, and in addition, . Landlord shall be entitled to recover from Tenant from time to time, and Tenant shall remain liable for, all Rent and all other additional sums thereafter accruing as they become due under this Lease lease during the period from the date of such notice of termination of possession to the stated end of the Term. In any such case, Landlord shall use reasonable efforts as required by applicable law to relet the Premises for the account of Tenant for such rent, for such time (which may be for a term extending beyond the Term of this Lease), in such portions and upon such terms as Landlord in Landlord’s sole 's sole: discretion shall determine, and Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant relative to such reletting. Landlord may give priority over leasing the Premises to any other space Landlord desires to lease in the Building and shall not be required in any case to offer rent, length of terms or other terms for the Premises which are or would be less favorable to Landlord than being offered for comparable space of Landlord in the Building. Also, in any such case, Landlord may make repairs, alterations and additions in or to the Premises and redecorate the same to the extent deemed by Landlord necessary or desirable, and in connection therewith Landlord may change the locks to the Premises, and Tenant shall upon written demand pay the cost thereof together with Landlord’s 's expenses of reletting. Landlord may collect the rents from any such reletting and shall apply the same first to the payment of the expenses of reentry, redecoration, repair, alterations and reletting and second to the payment of Rent herein provided to be paid by Tenant, and any excess or residue shall operate only as an offsetting credit against the amount of Rent, if any, due and owing or as the same thereafter becomes due and payable hereunder, but the use of such offsetting credit to reduce the amount of Rent due Landlord, if any, shall not be deemed to give Tenant any right, right title or interest in or to such excess or residue, residue and any such excess or residue shall belong to Landlord solely; provided that in no event shall Tenant be entitled to such a credit against Rent in excess of the aggregate sum (including Base Rent and Additional Rent) which would have been paid by Tenant for the period for which the credit to Tenant is being determined had no Default occurred. No such re-entry, repossession, repairs, alterations, additions or reletting shall be construed as an eviction or ouster of Tenant or as an election on Landlord’s 's part to terminate this Leaselease, unless a written notice of such intention is given to Tenant, Tenant or shall operate to release Tenant in whole or in part from any of Tenant’s 's obligations hereunder, and Landlord may, at any time and from time to time, xxx and recover judgment for any deficiencies from time to time remaining after the application from time to time of the proceeds of any such reletting.

Termination of Right of Possession. If Landlord terminates elects to terminate Tenant's right to possession only without terminating the Lease, Landlord may, at Landlord's option, enter into the Premises, remove the Tenant's property, signs, and other evidences of tenancy, and take and hold possession thereof as hereinabove provided, without such entry and possession terminating the Lease or releasing Tenant, in whole or in part, from Tenant's obligations to pay Rent hereunder for the full term or from any of its other obligations under this Lease. Landlord shall have the right of Tenant to possession relet all or any part of the Premises without terminating this Lease, for such rent and upon such terms as provided for by subparagraph (ii) of Section 19(b), then Landlord shall be entitled satisfactory to recover from Tenant all Landlord in its sole, but commercially reasonable, discretion (including the fixed dollar amounts right to relet the Premises as part of Rent accrued a larger area and unpaid for the period up right to and including such termination date, as well as all other additional sums payable by Tenant, change the character or for which Tenant is liable or in respect of which Tenant has agreed to indemnify Landlord under any use made of the provisions of this Lease, which may be then owing and unpaid, and all costs and expenses, including without limitation court costs and reasonable attorneys’ fees and expenses incurred by Landlord in the enforcement of its rights and remedies hereunder, and in addition, Landlord shall be entitled to recover from Tenant from time to time, and Tenant shall remain liable for, all Rent and all other additional sums thereafter accruing as they become due under this Lease during the period from the date of such notice of termination of possession to the stated end of the TermPremises). In any such case, Landlord shall use reasonable efforts to relet the Premises, but in no event shall Landlord have an obligation to expend or advance any funds for marketing, commissions, tenant improvements, cleaning, remodeling or other purposes related to reletting unless Tenant first deposits with Landlord the total amount of such anticipated costs, as required Landlord shall reasonably estimate. Landlord shall have no obligation to accept any replacement tenant who in Landlord's reasonable discretion is not creditworthy or whose reputation or intended use would be detrimental to the Premises or the Center of which the Premises is a part. Landlord shall not be deemed to have failed to use such reasonable efforts to mitigate its damages by applicable law reason of the fact that Landlord has leased or sought to lease other vacant premises owned or controlled by Landlord or its affiliates in preference to reletting the Premises, or by reason of the fact that Landlord has sought to relet the Premises for the account of Tenant for such rent, for such time (which may be for at a term extending beyond the Term of this Lease), in such portions and upon such terms as Landlord in Landlord’s sole discretion shall determine, and Landlord shall not be required to accept any tenant offered rental rate higher than that payable by Tenant or to observe any instructions given by Tenant relative to under this Lease (but not in excess of the then current market rental rate). For the purpose of such reletting. Landlord may give priority over leasing the Premises to any other space Landlord desires to lease in the Building and shall not be required in any case to offer rent, length of terms or other terms for the Premises which are or would be less favorable to Landlord than being offered for comparable space of Landlord in the Building. Also, in any such case, Landlord may decorate o r make any repairs, changes or alterations and additions in or to the Premises and redecorate the same to the extent deemed by Landlord that may be reasonably necessary or desirable, and in connection therewith the cost of which shall be borne solely by Tenant. If Landlord may change does not relet the locks Premises, Tenant shall pay to Landlord on demand all costs of attempting to relet the Premises, and Rent and other sums provided herein to be paid by Tenant for the remainder of the Lease Term as the same shall upon written demand pay become due and payable. If the cost thereof together with Landlord’s Premises are relet and a sufficient sum shall not be realized from such reletting after paying all of the reasonable expenses of reletting. Landlord may collect the rents from any such reletting and shall apply the same first to the payment collection of the expenses rent accruing therefrom (including, but not by way of reentrylimitation, redecorationreasonable attorneys' fees and brokers' commissions), repair, alterations to satisfy the Rent and reletting and second to the payment of Rent other charges herein provided to be paid by Tenantfor the remainder of the Lease Term, and Tenant shall pay to Landlord on demand any excess or residue shall operate only as an offsetting credit against the amount of Rent, if any, due and owing or deficiency as the same thereafter becomes shall become due and payable hereunder, but the use of such offsetting credit to reduce the amount of Rent due Landlord, if any, payable. Tenant shall not be deemed to give Tenant any right, title or interest in or to such excess or residue, and any such excess or residue shall belong to Landlord solely; provided that in no event shall Tenant be entitled to such a credit against any surplus if the Premises are leased for an amount greater than the Rent in excess reserved hereunder. Tenant agrees that Landlord may file suit to recover any sums falling due under the terms of the aggregate sum (including Base Rent and Additional Rent) which would have been paid by Tenant for the period for which the credit this Section from time to Tenant is being determined had no Default occurredtime. No such re-entry, repossession, repairs, alterations, additions or reletting shall be construed as an eviction or ouster of Tenant or as Notwithstanding an election on Landlord’s part by Landlord to terminate Tenant's right to possession, Landlord may at any time thereafter elect to terminate this Lease, unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder, and Landlord may, at any time and from time to time, xxx and recover judgment for any deficiencies from time to time remaining after the application from time to time of the proceeds of any such reletting.

Termination of Right of Possession. If Landlord terminates the may immediately terminate Tenant's right of Tenant to possession of the Leased Premises by written notice to Tenant, with or without terminating this Lease, as provided for by subparagraph (ii) of Section 19(b), then Landlord shall be entitled to recover from Tenant all and without notice or demand enter upon the fixed dollar amounts of Rent accrued Leased Premises or any part thereof and unpaid for the period up to and including such termination date, as well as all other additional sums payable by Tenant, or for which Tenant is liable or in respect of which Tenant has agreed to indemnify Landlord under any take absolute possession of the provisions of same, expel or remove Tenant and any other person or entity who may be occupying the Leased Premises and change the locks. In the event that Landlord terminates Tenant's right to possession without terminating this Lease, which Landlord may be then owing and unpaid, and all costs and expenses, including without limitation court costs and reasonable attorneys’ fees and expenses incurred by Landlord in the enforcement of its rights and remedies hereunder, and in addition, Landlord shall be entitled to recover from Tenant from time to time, and Tenant shall remain liable for, all Rent and all other additional sums thereafter accruing as they become due under this Lease during the period from the date of such notice of termination of possession to the stated end of the Term. In any such case, Landlord shall use reasonable efforts as required by applicable law engage a commercial real estate broker to relet the Leased Premises for the account of Tenant or any part thereof for such rent, for terms and such time (which may be for a term extending beyond the Term of this Lease), in such portions and upon such terms rents as Landlord in Landlord’s sole discretion shall determine, and may reasonably elect. In the event Landlord shall not be required elect to accept any tenant offered by Tenant or to observe any instructions given by Tenant relative to such reletting. Landlord may give priority over leasing so relet, the Premises to any other space Landlord desires to lease in the Building and shall not be required in any case to offer rent, length of terms or other terms for the Premises which are or would be less favorable to Landlord than being offered for comparable space of Landlord in the Building. Also, in any such case, Landlord may make repairs, alterations and additions in or to the Premises and redecorate the same to the extent deemed rent received by Landlord necessary or desirable, and in connection therewith Landlord may change the locks to the Premises, and Tenant shall upon written demand pay the cost thereof together with Landlord’s expenses of reletting. Landlord may collect the rents from any such reletting and shall apply the same be applied first to the payment of the expenses of reentryany sums owing from Tenant to Landlord hereunder other than rent due hereunder from Tenant to Landlord, redecoration, repair, alterations and reletting and second to the payment of Rent herein provided to be paid by Tenantany reasonable cost of such reletting, including, without limitation, refurbishing costs and leasing commissions, and any excess or residue shall operate only as an offsetting credit against third, to the amount payment of Rent, if any, rent due and owing or as the same thereafter becomes due and payable unpaid hereunder, but and Tenant shall satisfy and pay any deficiency upon demand therefor from time to time. Any such entry into the use possession of such offsetting credit the Leased Premises by Landlord under this Section 23 shall be without liability or responsibility for damages to reduce the amount of Rent due Landlord, if any, Tenant and shall not be deemed in lieu of or in substitution for any other rights of Landlord hereunder at law or in equity. Tenant further agrees that Landlord may file suit to give Tenant recover any right, title or interest sums due Landlord under the terms of this Section 23 and that no recovery of any portion due Landlord hereunder shall be any defense to any subsequent action brought for any amount not theretofore reduced to judgment in or to such excess or residue, and any such excess or residue shall belong to Landlord solely; provided that in no event shall Tenant be entitled to such a credit against Rent in excess favor of Landlord. Reletting of the aggregate sum (including Base Rent and Additional Rent) which would have been paid by Tenant for the period for which the credit to Tenant is being determined had no Default occurred. No such re-entry, repossession, repairs, alterations, additions or reletting Leased Premises shall not be construed as an eviction or ouster of Tenant or as an election on Landlord’s the part of Landlord to terminate this LeaseLease and notwithstanding any such reletting without termination, unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder, and Landlord may, may at any time and from time thereafter elect to time, xxx terminate this Lease for such previous breach and recover judgment for any deficiencies from time to time remaining after the application from time to time liquidated damages as of the proceeds date of any such relettingtermination as set forth in Section 23(c) hereof.

Termination of Right of Possession. If Landlord terminates the right of Tenant to possession of the Premises without terminating this Leaselease, as provided for by subparagraph (ii) of Section 19(b), then Landlord shall be entitled to recover from Tenant all the fixed dollar amounts of Rent accrued and unpaid for the period up to and including such termination date, as well as all other additional sums payable by Tenant, or for which Tenant is liable or in respect of which Tenant has agreed to indemnify Landlord under any of the provisions of this Leaselease, which may be then owing and unpaid, and all costs and expenses, including without limitation court costs and reasonable attorneys’ fees and expenses incurred by Landlord in the enforcement of its rights and remedies hereunder, and in addition, Landlord shall be entitled to recover from Tenant from time to time, and Tenant shall remain liable for, all Rent and all other additional sums thereafter accruing as they become due under this Lease lease during the period from the date of such notice of termination of possession to the stated end of the Term. In any such case, Landlord shall use reasonable efforts as required by applicable law to relet the Premises for the account of Tenant for such rent, for such time (which may be for a term extending beyond the Term of this Leaselease), in such portions and upon such terms as Landlord in Landlord’s sole discretion reasonable judgment shall determine, and Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant relative to such reletting. Landlord may give priority over leasing the Premises to any other space Landlord desires to lease in the Building and shall not be required in any case to offer rent, length of terms or other terms for the Premises which are or would be less favorable to Landlord than being offered for comparable space of Landlord in the Building. Also, in any such case, Landlord may make repairs, alterations and additions in or to the Premises and redecorate the same to the extent deemed by Landlord necessary or desirablenecessary, and in connection therewith Landlord may change the locks to the Premises, and Tenant shall upon written demand pay the cost thereof together with Landlord’s expenses of reletting. Landlord may collect the rents from any such reletting and shall apply the same first to the payment of the expenses of reentry, redecoration, repair, alterations and reletting and second to the payment of Rent herein provided to be paid by Tenant, and any excess or residue shall operate only as an offsetting credit against the amount of Rent, if any, due and owing or as the same thereafter becomes due and payable hereunder, but the use of such offsetting credit to reduce the amount of Rent due Landlord, if any, shall not be deemed to give Tenant any right, title or interest in or to such excess or residue, and any such excess or residue shall belong to Landlord solely; provided that in no event shall Tenant be entitled to such a credit against Rent in excess of the aggregate sum (including Base Rent and Additional Rent) which would have been paid by Tenant for the period for which the credit to Tenant is being determined had no Default occurred. No such re-entry, repossession, repairs, alterations, additions or reletting shall be construed as an eviction or ouster of Tenant or as an election on Landlord’s part to terminate this Leaselease, unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder, and Landlord may, at any time and from time to time, xxx sxx and recover judgment for any deficiencies from time to time remaining after the application from time to time of the proceeds of any such reletting.

Termination of Right of Possession. If Landlord terminates the right of Tenant to possession of the Premises without terminating this Lease, as provided for by subparagraph (ii) of Section 19(b), then Landlord shall be entitled to recover from Tenant all the fixed dollar amounts of Rent accrued and unpaid for the period up to and including such termination date, as well as all other additional sums payable by TenantTenant as of such termination date, or for which Tenant is liable or in respect of which Tenant has agreed to indemnify Landlord under any of the provisions of this Lease, which may be then owing and unpaidunpaid as of the termination date, and all costs and expenses, including without limitation court costs and reasonable attorneys’ fees and expenses incurred by Landlord in the enforcement of its rights and remedies hereunder, and in addition, Landlord shall be entitled to recover from Tenant from time to time, and Tenant shall remain liable for, all Rent and all other additional sums thereafter accruing as they become due under this Lease during the period from the date of such notice of termination of possession to the stated end of the then current Term. In any such case, Landlord shall use reasonable efforts as required by applicable law to relet the Premises for the account of Tenant for such rent, for such time (which may be for a term extending beyond the Term of this Lease), in such portions and upon such terms as Landlord in Landlord’s sole discretion (but subject to Landlord’s reasonable mitigation obligations as may be required by applicable law) shall determine, and Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant relative to such reletting. Landlord may give priority over leasing the Premises to any other space Landlord desires to lease in the Building and shall not be required in any case to offer rent, length of terms or other terms for the Premises which are or would be less favorable to Landlord than being offered for comparable space of Landlord in the Building. Also, in any such case, Landlord may make repairs, alterations and additions in or to the Premises and redecorate the same to the extent deemed by Landlord necessary or desirable, and in connection therewith Landlord may change the locks to the Premises, and Tenant shall upon written demand pay the cost thereof together with Landlord’s expenses of reletting. Landlord may collect the rents from any such reletting and shall apply the same first to the payment of the expenses of reentry, redecoration, repair, alterations and reletting and second to the payment of Rent herein provided to be paid by Tenant, and any excess or residue shall operate only as an offsetting credit against the amount of Rent, if any, due and owing or as the same thereafter becomes due and payable hereunder, but the use of such offsetting credit to reduce the amount of Rent due Landlord, if any, shall not be deemed to give Tenant any right, title or interest in or to such excess or residue, and any such excess or residue shall belong to Landlord solely; provided that in no event shall Tenant be entitled to such a credit against Rent in excess of the aggregate sum (including Base Rent and Additional Rent) which would have been paid by Tenant for the period for which the credit to Tenant is being determined had no Default occurred. No such re-entry, repossession, repairs, alterations, additions or reletting shall be construed as an eviction or ouster of Tenant or as an election on Landlord’s part to terminate this Lease, unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder, and Landlord may, at any time and from time to time, xxx sxx and recover judgment for any deficiencies from time to time remaining after the application from time to time of the proceeds of any such reletting.

Termination of Right of Possession. If Landlord terminates the Tenant's right of Tenant to possession of the Premises without terminating (but not this Lease), Landlord may, but except as provided for by subparagraph (ii) of Section 19(b), then Landlord below shall be entitled to recover from Tenant all the fixed dollar amounts of Rent accrued and unpaid for the period up to and including such termination dateunder no obligation to, as well as all other additional sums payable by Tenant, or for which Tenant is liable or in respect of which Tenant has agreed to indemnify Landlord under any of the provisions of this Lease, which may be then owing and unpaid, and all costs and expenses, including without limitation court costs and reasonable attorneys’ fees and expenses incurred by Landlord in the enforcement of its rights and remedies hereunder, and in addition, Landlord shall be entitled to recover from Tenant from time to time, and Tenant shall remain liable for, all Rent and all other additional sums thereafter accruing as they become due under this Lease during the period from the date of such notice of termination of possession to the stated end of the Term. In any such case, Landlord shall use reasonable efforts as required by applicable law to relet the Premises for the account of Tenant for such rent, for such time (which may be for a term extending beyond the Term of this Lease), in such portions rent and upon such terms as shall be satisfactory to Landlord in Landlord’s sole discretion without thereby releasing Tenant from any liability hereunder and without demand or notice of any kind to Tenant. Landlord shall determinemake reasonable efforts to mitigate any such loss by reletting the Premises upon reasonable terms as soon as reasonably possible thereafter, and provided, however that (i) Landlord shall not be required obligated to accept any tenant offered proposed by Tenant or Tenant, (ii) Landlord shall have the right to observe any instructions given by Tenant relative lease to such reletting. Landlord may give priority over leasing the Premises to other tenant any other space Landlord desires to lease in the Building and shall not be required in any case to offer rent, length of terms or other terms for the Premises which are or would be less favorable to Landlord than being offered for comparable space of controlled by Landlord in the BuildingProject first, and (iii) any proposed tenant shall satisfy all of Landlord's standard leasing criteria. Also, in For the purpose of such reletting Landlord is authorized to make any such case, Landlord may make repairs, alterations and changes, alterations, or additions in or to the Premises and redecorate the same to the extent deemed by as Landlord deems reasonably necessary or desirable. If the Premises are not relet, and in connection therewith Landlord may change the locks to the Premises, and then Tenant shall upon written demand pay the cost thereof together with Landlord’s expenses of reletting. to Landlord may collect the rents from any such reletting and shall apply the same first as damages a sum equal to the payment of the expenses of reentry, redecoration, repair, alterations and reletting and second to the payment of Rent herein provided to be paid by Tenant, and any excess or residue shall operate only as an offsetting credit against the amount of Rentthe rental reserved in this Lease for such period or periods, if anyplus the cost of recovering possession of the Premises (including attorneys' fees and costs of suit), due the unpaid Base Rent and owing or as other amounts accrued hereunder at the same thereafter becomes due time of repossession, and payable hereunder, but the use of such offsetting credit costs incurred in any attempt by Landlord to reduce relet the amount of Rent due Landlord, if any, Premises. If the Premises are relet and a sufficient sum shall not be deemed to give Tenant any rightrealized from such reletting [after first deducting therefrom, title or interest in or to such excess or residuefor retention by Landlord, and any such excess or residue shall belong to Landlord solely; provided that in no event shall Tenant be entitled to such a credit against Rent in excess of the aggregate sum (including unpaid Base Rent and Additional Rent) which would have been paid by Tenant for other amounts accrued hereunder at the period for which time of reletting, the credit to Tenant is being determined had no Default occurred. No such re-entrycost of recovering possession (including attorneys' fees and costs of suit), repossessionall of the costs and expense of repairs, repairschanges, alterations, additions or and additions, the expense of such reletting (including without limitation brokerage fees and leasing commissions) and the cost of collection of the rent accruing therefrom] to satisfy the rent provided for in this Lease to be paid, then Tenant shall immediately satisfy and pay any such deficiency. Any such payments due Landlord shall be construed as an eviction or ouster of Tenant or as an election on Landlord’s part made upon demand therefor from time to terminate this Lease, unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder, and Landlord may, at any time and Tenant agrees that Landlord may file suit to recover any sums falling due from time to time, xxx and recover judgment for any deficiencies from time to time remaining after the application from time to time of the proceeds of . Notwithstanding any such relettingreletting without termination, Landlord may at any time thereafter elect in writing to terminate this Lease for such previous breach.

Termination of Right of Possession. If Landlord terminates the may immediately terminate Tenant’s right of Tenant to possession of the Leased Premises by written notice to Tenant, with or without terminating this Lease, as provided for by subparagraph (ii) of Section 19(b), then Landlord shall be entitled to recover from Tenant all and without notice or demand enter upon the fixed dollar amounts of Rent accrued Leased Premises or any part thereof and unpaid for the period up to and including such termination date, as well as all other additional sums payable by Tenant, or for which Tenant is liable or in respect of which Tenant has agreed to indemnify Landlord under any take absolute possession of the provisions of same and expel or remove Tenant and any other person or entity who may be occupying the Leased Premises in accordance with law. In the event that Landlord terminates Tenant’s right to possession without terminating this Lease, which may be then owing and unpaid, and all costs and expenses, including without limitation court costs and reasonable attorneys’ fees and expenses incurred by Landlord in the enforcement of its rights and remedies hereunder, and in addition, Landlord shall be entitled to recover from Tenant from time to time, and Tenant shall remain liable for, all Rent and all other additional sums thereafter accruing as they become due under this Lease during the period from the date of such notice of termination of possession to the stated end of the Term. In any such case, Landlord shall use reasonable efforts as required by applicable law engage a commercial real estate broker to relet the Leased Premises for the account of Tenant or any part thereof for such rent, for terms and such time (which may be for a term extending beyond the Term of this Lease), in such portions and upon such terms rents as Landlord in Landlord’s sole discretion shall determine, and may reasonably elect. In the event Landlord shall not be required elect to accept any tenant offered by Tenant or to observe any instructions given by Tenant relative to such reletting. Landlord may give priority over leasing so relet, the Premises to any other space Landlord desires to lease in the Building and shall not be required in any case to offer rent, length of terms or other terms for the Premises which are or would be less favorable to Landlord than being offered for comparable space of Landlord in the Building. Also, in any such case, Landlord may make repairs, alterations and additions in or to the Premises and redecorate the same to the extent deemed rent received by Landlord necessary or desirable, and in connection therewith Landlord may change the locks to the Premises, and Tenant shall upon written demand pay the cost thereof together with Landlord’s expenses of reletting. Landlord may collect the rents from any such reletting and shall apply the same be applied first to the payment of any sums owing from Tenant to Landlord hereunder other than Rent due hereunder from Tenant to Landlord, second, to the expenses payment of reentryany reasonable cost of such reletting, redecorationincluding, repairwithout limitation, alterations refurbishing costs and reletting leasing commissions, and second third, to the payment of Rent herein provided to be paid by Tenantdue and unpaid hereunder, and Tenant shall satisfy and pay any excess deficiency upon demand therefor from time to time. Any such entry into the possession of the Leased Premises by Landlord under this Section shall be without liability or residue shall operate only as an offsetting credit against the amount of Rent, if any, due responsibility for damages to Tenant and owing or as the same thereafter becomes due and payable hereunder, but the use of such offsetting credit to reduce the amount of Rent due Landlord, if any, shall not be deemed to give Tenant in lieu of or in substitution for any right, title other rights of Landlord hereunder at law or interest in or to such excess or residue, and any such excess or residue shall belong to Landlord solely; provided that in no event shall Tenant be entitled to such a credit against Rent in excess equity. Reletting of the aggregate sum (including Base Rent and Additional Rent) which would have been paid by Tenant for the period for which the credit to Tenant is being determined had no Default occurred. No such re-entry, repossession, repairs, alterations, additions or reletting Leased Premises shall not be construed as an eviction or ouster of Tenant or as an election on Landlord’s the part of Landlord to terminate this LeaseLease and notwithstanding any such reletting without termination, unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder, and Landlord may, may at any time and from time thereafter elect to time, xxx terminate this Lease for such previous breach and recover judgment for any deficiencies from time to time remaining after the application from time to time liquidated damages as of the proceeds date of any such relettingtermination as set forth in Section 23(c) hereof.

Termination of Right of Possession. If Landlord terminates the right of Tenant to possession of the Premises without terminating this Leaselease, as provided for by subparagraph (ii) of Section 19(b), then Landlord shall be entitled to recover from Tenant all the fixed dollar amounts of Rent accrued and unpaid for the period up to and including such termination date, as well as all other additional sums payable by Tenant, or for which Tenant is liable or in respect of which Tenant has agreed to indemnify Landlord under any of the provisions of this Leaselease, which may be then owing and unpaid, and all costs and expenses, including without limitation court costs and reasonable attorneys’ ' fees and expenses incurred by Landlord in the enforcement of its rights and remedies hereunder, and in addition, Landlord shall be entitled to recover from Tenant from time to time, and Tenant shall remain liable for, all Rent and all other additional sums thereafter accruing as they become due under this Lease lease during the period from the date of such notice of termination of possession to the stated end of the Term. In any such case, Landlord shall use reasonable efforts as required by applicable law to relet mitigate damages by reletting the Premises for the account of Tenant for such rent, for such time (which may be for a term extending beyond the Term of this Leaselease), in such portions and upon such terms as Landlord in Landlord’s sole 's discretion shall determine, and Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant relative to such reletting. Landlord may give priority over leasing the Premises to any other space Landlord desires to lease in the Building and shall not be required in any case to offer rent, length of terms or other terms for the Premises which are or would be less favorable to Landlord than being offered for comparable space of Landlord in the Building. Also, in any such case, Landlord may make repairs, alterations and additions in or to the Premises and redecorate the same to the extent deemed by Landlord necessary or desirable, and in connection therewith Landlord may change the locks to the Premises, and Tenant shall upon written demand pay the cost thereof together with Landlord’s 's expenses of reletting. Landlord may collect the rents from any such reletting and shall apply the same first to the payment of the expenses of reentry, redecoration, repair, alterations and reletting and second to the payment of Rent herein provided to be paid by Tenant, and any excess or residue shall operate only as an offsetting credit against the amount of Rent, if any, due and owing or as the same thereafter becomes due and payable hereunder, but the use of such offsetting credit to reduce the amount of Rent due Landlord, if any, shall not be deemed to give Tenant any right, title or interest in or to such excess or residue, and any such excess or residue shall belong to Landlord solely; provided that in no event shall Tenant be entitled to such a credit against Rent in excess of the aggregate sum (including Base Rent and Additional Rent) which would have been paid by Tenant for the period for which the credit to Tenant is being determined had no Default occurred. No such re-entry, repossession, repairs, alterations, additions or reletting shall be construed as an eviction or ouster of Tenant or as an election on Landlord’s 's part to terminate this Leaselease, unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant’s 's obligations hereunder, and Landlord may, at any time and from time to time, xxx sue and recover judgment for any deficiencies from time to time remaining timx xemaining after the application from time to time of the proceeds of any such reletting.

Termination of Right of Possession. If Landlord terminates the may immediately terminate Tenant's right of Tenant to possession of the Leased Premises by written notice to Tenant with or without terminating this Lease, as provided for by subparagraph (ii) of Section 19(b), then Landlord shall be entitled to recover from Tenant all ti and without notice or demand enter upon the fixed dollar amounts of Rent accrued Leased Premises or any part thereof and unpaid for the period up to and including such termination date, as well as all other additional sums payable by Tenant, or for which Tenant is liable or in respect of which Tenant has agreed to indemnify Landlord under any take absolute possession of the provisions of same, expel or remove Tenant and any other person or entity who may be occupying the Leased Premises and change the locks. In the event that Landlord terminates Tenant's right to possession without terminating this Lease, which may be then owing and unpaid, and all costs and expenses, including without limitation court costs and reasonable attorneys’ fees and expenses incurred by Landlord in the enforcement of its rights and remedies hereunder, and in addition, Landlord shall be entitled to recover from Tenant from time to time, and Tenant shall remain liable for, all Rent and all other additional sums thereafter accruing as they become due under this Lease during the period from the date of such notice of termination of possession to the stated end of the Term. In any such case, Landlord shall use reasonable efforts as required by applicable law engage a commercial real estate broker to relet the Leased Premises for the account of Tenant or any part thereof for such rent, for terms and such time (which may be for a term extending beyond the Term of this Lease), in such portions and upon such terms rents as Landlord in Landlord’s sole discretion shall determine, and may reasonably elect. In the event Landlord shall not be required elect to accept any tenant offered so relet, the rent received by Tenant or to observe any instructions given by Tenant relative to Landlord from such reletting. Landlord may give priority over leasing the Premises to any other space Landlord desires to lease in the Building and , shall not be required in any case to offer rent, length of terms or other terms for the Premises which are or would be less favorable to Landlord than being offered for comparable space of Landlord in the Building. Also, in any such case, Landlord may make repairs, alterations and additions in or to the Premises and redecorate the same to the extent deemed by Landlord necessary or desirable, and in connection therewith Landlord may change the locks to the Premises, and Tenant shall upon written demand pay the cost thereof together with Landlord’s expenses of reletting. Landlord may collect the rents from any such reletting and shall apply the same applied first to the payment of the expenses of reentry, redecoration, repair, alterations and reletting and any sums owing from Tenant to Landlord hereunder other than rent due hereunder from Tenant. to Landlord second to the payment of Rent herein provided to be paid by Tenantany reasonable cost of such reletting, including; without limitation, refurbishing costs and leasing commissions, and any excess or residue shall operate only as an offsetting credit against third, to the amount payment. of Rent, if any, rent due and owing or as the same thereafter becomes due and payable unpaid hereunder, but and Tenant shall satisfy and pay any deficiency upon demand there for from time to time. Any such entry into the use possession of such offsetting credit the Leased Premises by Landlord under this Section 23 shall be without liability or responsibility for damages to reduce the amount of Rent due Landlord, if any, Tenant and shall not be deemed in lieu of or in substitution for any other rights of Landlord hereunder at law or in equity. Tenant further agrees that Landlord may file suit to give Tenant recover any right, title or interest sums due Landlord under the terms of this Section 23 and that no recovery of any portion due Landlord hereunder shall be any defense to any subsequent action brought for any amount not theretofore reduced to judgment in or to such excess or residue, and any such excess or residue shall belong to Landlord solely; provided that in no event shall Tenant be entitled to such a credit against Rent in excess favor of Landlord. Reletting of the aggregate sum (including Base Rent and Additional Rent) which would have been paid by Tenant for the period for which the credit to Tenant is being determined had no Default occurred. No such re-entry, repossession, repairs, alterations, additions or reletting Leased Premises shall not be construed as an eviction or ouster of Tenant or as an election on Landlord’s the part of Landlord to terminate this LeaseLease and notwithstanding any such reletting without termination, unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder, and Landlord may, may at any time and from time thereafter elect to time, xxx terminate this Lease for such previous breach and recover judgment for any deficiencies from time to time remaining after the application from time to time liquidated damages as of the proceeds date of any such relettingtermination as set forth in Section 23(c) hereof.