AND EXPENSES FOR PREPARING THE PREMISES, FOR RELETTING,
INCLUDING ALL REPAIRS, TENANT FINISH IMPROVEMENTS, MARKETING COSTS, BROKER'S AND
ATTORNEY'S FEES, AND ALL LOSS OR DAMAGE WHICH LANDLORD MAY SUSTAIN BY REASON OF
SUCH TERMINATION, RE-ENTRY AND RELETTING, IT BEING EXPRESSLY UNDERSTOOD AND
AGREED THAT THE LIABILITIES AND REMEDIES SPECIFIED ABOVE SHALL SURVIVE THE
TERMINATION OF THIS LEASE.
(III)
LANDLORD MAY TERMINATE
TENANT'S RIGHT OF POSSESSION OF THE PREMISES AND MAY REPOSSESS THE PREMISES BY
UNLAWFUL DETAINER ACTION, BY TAKING PEACEFUL POSSESSION OR OTHERWISE, WITHOUT
TERMINATING THIS LEASE, IN WHICH EVENT LANDLORD MAY, BUT SHALL BE UNDER NO
OBLIGATION TO, RELET THE SAME FOR THE ACCOUNT OF TENANT, FOR SUCH RENT AND UPON
SUCH TERMS AS SHALL BE SATISFACTORY TO LANDLORD.
FOR THE PURPOSE OF SUCH
RELETTING, LANDLORD IS AUTHORIZED TO DECORATE, REPAIR, REMODEL OR ALTER THE
PREMISES.
IF LANDLORD FAILS TO SO RELET THE PREMISES, TENANT SHALL PAY TO
LANDLORD AS DAMAGES A SUM EQUAL TO THE RENT WHICH WOULD HAVE BEEN DUE UNDER THIS
LEASE FOR THE BALANCE OF THE TERM OR EXERCISED RENEWAL PERIOD AS SUCH RENT SHALL
BECOME DUE AND PAYABLE HEREUNDER FROM TIME TO TIME DURING THE TERM.
IF THE
PREMISES ARE RELET AND A SUFFICIENT SUM SHALL NOT BE REALIZED FROM SUCH
RELETTING AFTER PAYING ALL OF THE REASONABLE COSTS AND EXPENSES OF ALL
DECORATION, REPAIRS, REMODELING, ALTERATIONS AND ADDITIONS AND THE EXPENSES OF
SUCH RELETTING AND OF THE COLLECTION OF THE RENT ACCRUING THEREFROM TO SATISFY
THE RENT PROVIDED FOR IN THIS LEASE, TENANT SHALL SATISFY AND PAY THE SAME UPON
DEMAND THEREFOR FROM TIME TO TIME.
TENANT SHALL NOT BE ENTITLED TO ANY RENTS
RECEIVED BY LANDLORD IN EXCESS OF THE RENT PROVIDED FOR IN THIS LEASE.
(IV)
LANDLORD MAY SUE FOR INJUNCTIVE RELIEF OR TO
RECOVER DAMAGES FOR ANY LOSS RESULTING FROM THE BREACH.
Any agreement for an extension of the Term or any additional period thereafter
shall not thereby prevent Landlord from terminating this Lease for any reason
specified in this Lease.
If any such right of termination is exercised by
Landlord during the Term or any extension thereof, Tenant's right to any further
extension shall thereby be automatically canceled.
Any such right of
termination of Landlord contained herein shall continue during the Term and any
subsequent extension hereof.
(C)
DEFAULT BY LANDLORD AND
REMEDIES OF TENANT.
IT SHALL BE A DEFAULT AND BREACH OF THIS LEASE BY LANDLORD
IF IT SHALL FAIL TO PERFORM OR OBSERVE ANY TERM, CONDITION, COVENANT OR
OBLIGATION REQUIRED TO BE PERFORMED OR OBSERVED BY IT UNDER THIS LEASE FOR A
PERIOD OF THIRTY (30) DAYS AFTER NOTICE THEREOF FROM TENANT; PROVIDED, HOWEVER,
THAT IF THE TERM, CONDITION, COVENANT OR OBLIGATION TO BE PERFORMED BY LANDLORD
IS OF SUCH NATURE THAT THE SAME CANNOT REASONABLY BE PERFORMED WITHIN SUCH
THIRTY-DAY PERIOD, SUCH DEFAULT
8
shall be deemed to have been cured if Landlord commences such performance within
said thirty-day period and thereafter diligently undertakes to complete the
same.
Upon the occurrence of any such default,