FOR ANY MONTH(S) (AND ANY
SUCH SEPARATE SUIT SHALL NOT IN ANY MANNER PREJUDICE THE RIGHT OF LANDLORD TO
COLLECT ANY DAMAGES FOR ANY SUBSEQUENT MONTH(S)), OR LANDLORD MAY DEFER
INITIATING ANY SUCH SUIT UNTIL AFTER THE EXPIRATION OF THE LEASE TERM (IN WHICH
EVENT SUCH DEFERRAL SHALL NOT BE CONSTRUED AS A WAIVER OF LANDLORD'S RIGHTS AS
SET FORTH HEREIN AND LANDLORD'S CAUSE OF ACTION SHALL BE DEEMED NOT TO HAVE
ACCRUED UNTIL THE EXPIRATION OF THE LEASE TERM), AND IT BEING FURTHER UNDERSTOOD
THAT IF LANDLORD ELECTS TO BRING SUITS FROM TIME TO TIME PRIOR TO RELETTING THE
PREMISES, LANDLORD SHALL BE ENTITLED TO ITS FULL DAMAGES THROUGH THE DATE OF THE
AWARD OF DAMAGES WITHOUT REGARD TO ANY BASE RENT, ADDITIONAL RENT OR OTHER SUMS
THAT ARE OR MAY BE PROJECTED TO BE RECEIVED BY LANDLORD UPON RELETTING OF THE
PREMISES; OR (B) AN AMOUNT EQUAL TO THE SUM OF (I) ALL BASE RENT, ADDITIONAL
RENT AND OTHER SUMS DUE OR WHICH WOULD BE DUE AND PAYABLE UNDER THIS LEASE AS OF
THE DATE OF SUCH EVENT OF DEFAULT THROUGH THE END OF THE SCHEDULED LEASE TERM,
PLUS (II) ALL EXPENSES OF RELETTING (INCLUDING REASONABLE BROKER AND REASONABLE
ATTORNEYS' FEES), MINUS (III) ANY BASE RENT, ADDITIONAL RENT AND OTHER SUMS
WHICH WOULD BE RECEIVED BY LANDLORD UPON RELETTING OF THE PREMISES THROUGH THE
EXPIRATION OF THE SCHEDULED LEASE TERM, WITH ALLOWANCE FOR REASONABLY PROJECTED
VACANCY PERIODS.
SUCH AMOUNT SHALL BE DISCOUNTED USING A DISCOUNT FACTOR EQUAL
TO TWO AND THREE-FOURTHS (2.75) PERCENTAGE POINTS ABOVE THE YIELD OF THE
TREASURY NOTE OR BILL, AS APPROPRIATE, HAVING A MATURITY PERIOD APPROXIMATELY
COMMENSURATE TO THE REMAINDER OF THE TERM, AND SUCH RESULTING AMOUNT SHALL BE
PAYABLE TO LANDLORD IN A LUMP SUM ON DEMAND, IT BEING UNDERSTOOD THAT UPON
PAYMENT OF SUCH FINAL DAMAGES, TENANT SHALL BE RELEASED FROM FURTHER LIABILITY
UNDER THIS LEASE WITH RESPECT TO THE PERIOD AFTER THE DATE OF SUCH PAYMENT, AND
THAT LANDLORD MAY BRING SUIT TO COLLECT ANY SUCH DAMAGES AT ANY TIME AFTER AN
EVENT OF DEFAULT SHALL HAVE OCCURRED (BUT SUBJECT TO THE EFFECT OF THE
APPLICABLE STATUTE OF LIMITATIONS).
IN THE EVENT LANDLORD RELETS THE PREMISES
TOGETHER WITH OTHER PREMISES OR FOR A TERM EXTENDING BEYOND THE SCHEDULED
EXPIRATION OF THE LEASE TERM, IT IS UNDERSTOOD THAT TENANT WILL NOT BE ENTITLED
TO APPLY ANY BASE RENT, ADDITIONAL RENT OR OTHER SUMS GENERATED OR PROJECTED TO
BE GENERATED BY EITHER SUCH OTHER PREMISES OR IN THE PERIOD EXTENDING BEYOND THE
SCHEDULED EXPIRATION OF THE LEASE TERM (COLLECTIVELY, THE "EXTRA RENT") AGAINST
LANDLORD'S DAMAGES; PROVIDED THAT, THE TERM "EXTRA RENT" SHALL EXCLUDE ANY RENT
WHICH WOULD HAVE BEEN PROPERLY ALLOCABLE TO THE PREMISES DURING THE PERIOD PRIOR
TO THE EXPIRATION OF THE LEASE TERM BUT FOR THE "BACKLOADING" OF RENT OR OTHER
RESTRUCTURING OF THE TIMING OR ALLOCATION OF RENTAL PAYMENTS ON NON-MARKET
TERMS.
SIMILARLY IN PROVING THE AMOUNT THAT WOULD BE RECEIVED BY LANDLORD UPON
A RELETTING OF THE PREMISES AS