SUCH OBLIGATION ON
BEHALF AND FOR THE ACCOUNT OF TENANT.
IN SUCH EVENT, TENANT SHALL REIMBURSE
LANDLORD UPON DEMAND, AS ADDITIONAL RENT, FOR
21
ALL EXPENSES INCURRED BY LANDLORD IN PERFORMING SUCH OBLIGATION TOGETHER WITH AN
AMOUNT EQUAL TO FIFTEEN PERCENT (15%) THEREOF FOR LANDLORD'S OVERHEAD, AND
INTEREST THEREON AT THE DEFAULT RATE FROM THE DATE SUCH EXPENSES WERE INCURRED.
LANDLORD'S PERFORMANCE OF TENANT'S OBLIGATIONS HEREUNDER SHALL NOT BE DEEMED A
WAIVER OR RELEASE OF TENANT THEREFROM.
H.
OTHER MATTERS.
NO RE-ENTRY OR REPOSSESSION, REPAIRS, CHANGES,
ALTERATIONS AND ADDITIONS, RELETTING, OR ANY OTHER ACTION OR OMISSION BY
LANDLORD SHALL BE CONSTRUED AS AN ELECTION BY LANDLORD TO TERMINATE THIS LEASE
OR TENANT'S RIGHT TO POSSESSION, NOR SHALL THE SAME OPERATE TO RELEASE TENANT IN
WHOLE OR IN PART FROM ANY OF TENANT'S OBLIGATIONS HEREUNDER, UNLESS EXPRESS
NOTICE OF SUCH INTENTION IS SENT BY LANDLORD TO TENANT.
LANDLORD MAY BRING
SUITS FOR AMOUNTS OWED BY TENANT HEREUNDER OR ANY PORTIONS THEREOF, AS THE SAME
ACCRUE OR AFTER THE SAME HAVE ACCRUED, AND NO SUIT OR RECOVERY OF ANY PORTION
DUE HEREUNDER SHALL BE DEEMED A WAIVER OF LANDLORD'S RIGHT TO COLLECT ALL
AMOUNTS TO WHICH LANDLORD IS ENTITLED HEREUNDER, NOR SHALL THE SAME SERVE AS ANY
DEFENSE TO ANY SUBSEQUENT SUIT BROUGHT FOR ANY AMOUNT NOT THEREFOR REDUCED TO
JUDGMENT.
LANDLORD MAY PURSUE ONE OR MORE REMEDIES AGAINST TENANT AND NEED NOT
MAKE AN ELECTION OF REMEDIES UNTIL FINDINGS OF FACT ARE MADE BY A COURT OF
COMPETENT JURISDICTION.
ALL RENT AND OTHER CONSIDERATION PAID BY ANY
REPLACEMENT TENANTS SHALL BE APPLIED AT LANDLORD'S OPTION: (I) FIRST, TO THE
COSTS OF RELETTING, (II) SECOND, TO THE PAYMENT OF ALL COSTS OF ENFORCING THIS
LEASE AGAINST TENANT OR ANY GUARANTOR, (III) THIRD, TO THE PAYMENT OF ALL
INTEREST AND SERVICE CHARGES ACCRUING HEREUNDER, (IV) FOURTH, TO THE PAYMENT OF
RENT THERETOFORE ACCRUED, AND (V) WITH THE RESIDUE, IF ANY, TO BE HELD BY
LANDLORD AND APPLIED TO THE PAYMENT OF RENT AND OTHER OBLIGATIONS OF TENANT AS
THE SAME BECOME DUE (AND WITH ANY REMAINING RESIDUE TO BE RETAINED BY
LANDLORD).
"COSTS OF RELETTING" SHALL INCLUDE WITHOUT LIMITATION, ALL
REASONABLE COSTS AND EXPENSES INCURRED BY LANDLORD FOR ANY REPAIRS OR OTHER
MATTERS DESCRIBED IN PARAGRAPH D ABOVE, BROKERAGE COMMISSIONS, ADVERTISING
COSTS, ATTORNEYS' FEES, AND ANY COMMERCIALLY REASONABLE ECONOMIC INCENTIVES
GIVEN TO ENTER LEASES WITH REPLACEMENT TENANTS. THE TIMES SET FORTH HEREIN FOR
THE CURING OF DEFAULTS BY TENANT ARE OF THE ESSENCE OF THIS LEASE.
TENANT
HEREBY IRREVOCABLY WAIVES ANY RIGHT OTHERWISE AVAILABLE UNDER ANY LAW TO REDEEM
OR REINSTATE THIS LEASE, OR TENANT'S RIGHT TO POSSESSION, AFTER THIS LEASE, OR
TENANT'S RIGHT TO POSSESSION, IS TERMINATED BASED ON A DEFAULT BY TENANT.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, NEITHER LANDLORD NOR
TENANT SHALL BE LIABLE FOR ANY CONSEQUENTIAL OR PUNITIVE DAMAGES.
ARTICLE 16:
[INTENTIONALLY OMITTED]
ARTICLE 17:
ATTORNEYS' FEES, JURY TRIAL, COUNTERCLAIMS AND VENUE
In the event of any litigation or arbitration between the parties relating to
this Lease,