SHALL HAVE THE SAME RIGHTS IN LAW AND IN EQUITY AND
UNDER THIS LEASE AS IT HAS WITH RESPECT TO A DEFAULT BY TENANT IN THE PAYMENT OF
FIXED NET RENT OR ADDITIONAL RENT.
SECTION 30.3.
THE USE OF THE SECURITY DEPOSIT, AS PROVIDED IN THIS ARTICLE,
SHALL NOT BE DEEMED OR CONSTRUED AS A WAIVER OF TENANT'S DEFAULT OR AS A WAIVER
OF ANY OTHER RIGHTS AND REMEDIES TO WHICH LANDLORD MAY BE ENTITLED UNDER THE
PROVISIONS OF THIS LEASE BY REASON OF SUCH DEFAULT, IT BEING INTENDED THAT
LANDLORD'S RIGHT TO USE THE WHOLE OR ANY PART OF THE SECURITY DEPOSIT SHALL BE
IN ADDITION TO BUT NOT IN LIMITATION OF ANY SUCH OTHER RIGHTS AND REMEDIES; AND
LANDLORD MAY EXERCISE ANY OF SUCH OTHER RIGHTS AND REMEDIES INDEPENDENTLY OF OR
IN CONJUNCTION WITH ITS RIGHTS UNDER THIS ARTICLE.
32
SECTION 30.4.
IN THE EVENT OF A SALE OF THE FEE TITLE OF THE LEASED PREMISES,
LANDLORD (OR IN THE EVENT OF A SUBSEQUENT SALE, THE THEN GRANTOR) MAY ASSIGN OR
PAY OVER THE UNUSED SECURITY DEPOSIT TO THE GRANTEE.
IN SUCH EVENT, LANDLORD OR
THE THEN GRANTOR, AS THE CASE MAY BE, SHALL BE RELEASED FROM ANY FURTHER
OBLIGATION WITH RESPECT THERETO AND TENANT SHALL BE ENTITLED TO LOOK ONLY TO THE
GRANTEE FOR THE RETURN OF THE SECURITY DEPOSIT IN ACCORDANCE WITH THE PROVISIONS
OF THIS ARTICLE.
SECTION 30.5.
UPON ANY TERMINATION OF THIS LEASE, IF TENANT IS NOT IN DEFAULT
UNDER ANY OF THE TERMS, COVENANTS AND CONDITIONS THEREOF, AND AFTER PAYMENT OF
ALL SUMS DUE LANDLORD (INCLUDING BUT NOT LIMITED TO IMPOSITIONS) BUT NOT LIMITED
TO LANDLORD SHALL RETURN TO TENANT THE UNUSED SECURITY DEPOSIT THEN HELD BY
LANDLORD.
ARTICLE 31
SUCCESSORS BOUND
SECTION 31.1.
THIS LEASE SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF
LANDLORD AND TENANT AND THEIR RESPECTIVE DISTRIBUTEES, PERSONAL REPRESENTATIVES,
SUCCESSORS, AND, EXCEPT AS OTHERWISE PROVIDED IN THIS LEASE, THEIR ASSIGNS.
ARTICLE 32
BROKER
SECTION 32.1.
TENANT REPRESENTS AND WARRANTS THAT TENANT HAS HAD NO DEALINGS OR
COMMUNICATIONS WITH ANY BROKER OR AGENT IN CONNECTION WITH THE LEASED PREMISES
AND THE CONSUMMATION OF THIS LEASE.
TENANT COVENANTS AND AGREES TO PAY AND TO
INDEMNIFY AND HOLD LANDLORD HARMLESS FROM AND AGAINST ANY AND ALL COSTS,
EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE COUNSEL FEES) OR LIABILITY
FOR ANY COMPENSATION, COMMISSION OR CHARGES CLAIMED BY ANY BROKER OR AGENT
CLAIMING TO HAVE INTRODUCED TENANT TO THE LEASED PREMISES OR TO HAVE BEEN
CONSULTED BY OR TO HAVE REPRESENTED TENANT WITH RESPECT TO THIS LEASE OR THE
NEGOTIATION THEREOF.
ARTICLE 33
LATE CHARGES; INTEREST
SECTION 33.1.
IN THE EVENT ANY PAYMENT OF FIXED NET RENT OR ADDITIONAL RENT
(OTHER THAN INTEREST PAYABLE PURSUANT TO THE NEXT SENTENCE) IS NOT RECEIVED BY
LANDLORD WITHIN FIVE DAYS AFTER THE DAY IT IS DUE, TENANT SHALL PAY TO LANDLORD,
AS ADDITIONAL RENT, A LATE CHARGE EQUAL TO THREE (3%) PERCENT OF THE AMOUNT OF
ANY SUCH LATE PAYMENT (BUT NOT LESS THAN ANY LATE