ANY SUCH CASE, LANDLORD SHALL
MAKE REASONABLE EFFORTS, IN ACCORDANCE WITH SECTION 19E HEREOF, TO RELET THE
PREMISES. IN ATTEMPTING TO RELET THE PREMISES, LANDLORD MAY MAKE REPAIRS,
ALTERATIONS AND ADDITIONS IN OR TO THE PREMISES AND REDECORATE THE SAME TO THE
EXTENT REASONABLY DEEMED BY LANDLORD NECESSARY OR DESIRABLE, AND TENANT UPON
DEMAND SHALL PAY THE REASONABLE COST OF ALL OF THE FOREGOING TOGETHER WITH
LANDLORD'S REASONABLE EXPENSES OF RELETTING. THE RENTS FROM ANY SUCH RELETTING
SHALL BE APPLIED FIRST TO THE PAYMENT OF THE EXPENSES OF REENTRY, REDECORATION,
REPAIR AND ALTERATIONS AND THE EXPENSES OF RELETTING (INCLUDING REASONABLE
ATTORNEYS' FEES AND BROKERS' FEES AND COMMISSIONS) AND SECOND TO THE PAYMENT OF
RENT HEREIN PROVIDED TO BE PAID BY TENANT. ANY EXCESS OR RESIDUE SHALL OPERATE
ONLY AS AN OFFSETTING CREDIT AGAINST THE AMOUNT OF RENT DUE AND OWING AS THE
SAME THEREAFTER BECOMES DUE AND PAYABLE HEREUNDER.
D.
IF THIS LEASE IS TERMINATED BY LANDLORD,
LANDLORD SHALL BE ENTITLED TO RECOVER FROM TENANT ALL 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 FOR WHICH
TENANT HAS AGREED TO INDEMNIFY LANDLORD, WHICH MAY BE THEN OWING AND UNPAID, AND
ALL REASONABLE COSTS AND EXPENSES, INCLUDING COURT COSTS AND REASONABLE
ATTORNEYS' FEES INCURRED BY LANDLORD IN THE ENFORCEMENT OF ITS RIGHTS AND
REMEDIES HEREUNDER. IN ADDITION, LANDLORD SHALL BE ENTITLED TO RECOVER AS
DAMAGES FOR LOSS OF THE BARGAIN AND NOT AS A PENALTY (1) THE UNAMORTIZED PORTION
OF ANY CONCESSIONS OFFERED BY LANDLORD TO TENANT IN CONNECTION WITH THIS LEASE,
INCLUDING WITHOUT LIMITATION
16
LANDLORD'S CONTRIBUTION TO THE COST OF TENANT IMPROVEMENTS, IF ANY, INSTALLED BY
EITHER LANDLORD OR TENANT PURSUANT TO THIS LEASE OR ANY WORK LETTER IN
CONNECTION WITH THIS LEASE, (2) THE AGGREGATE SUM WHICH AT THE TIME OF SUCH
TERMINATION REPRESENTS THE EXCESS, IF ANY, OF THE PRESENT VALUE OF THE AGGREGATE
RENT WHICH WOULD HAVE BEEN PAYABLE AFTER THE TERMINATION DATE HAD THIS LEASE NOT
BEEN TERMINATED, INCLUDING, WITHOUT LIMITATION, THE AMOUNT PROJECTED BY LANDLORD
TO REPRESENT ADDITIONAL RENT FOR THE REMAINDER OF THE LEASE TERM, OVER THE THEN
PRESENT VALUE OF THE THEN AGGREGATE FAIR RENT VALUE OF THE PREMISES FOR THE
BALANCE OF THE LEASE TERM, SUCH PRESENT WORTH TO BE COMPUTED IN EACH CASE ON THE
BASIS OF A TEN PERCENT (10%) PER ANNUM DISCOUNT FROM THE RESPECTIVE DATES UPON
WHICH SUCH RENT WOULD HAVE BEEN PAYABLE HEREUNDER HAD THIS LEASE NOT BEEN
TERMINATED, AND (3) ANY DAMAGES IN ADDITION THERETO, INCLUDING WITHOUT
LIMITATION REASONABLE ATTORNEYS' FEES AND COURT COSTS, WHICH LANDLORD SUSTAINS
AS A RESULT OF THE BREACH OF ANY OF THE COVENANTS OF THIS LEASE OTHER THAN FOR
THE PAYMENT OF RENT.
E.
LANDLORD SHALL USE COMMERCIALLY
REASONABLE EFFORTS TO MITIGATE ANY DAMAGES RESULTING FROM AN EVENT OF DEFAULT BY
TENANT UNDER THIS LEASE. LANDLORD'S OBLIGATION TO MITIGATE DAMAGES AFTER AN
EVENT OF DEFAULT BY