SEIZURE OF ALL OR SUBSTANTIALLY ALL
OF TENANT'S ASSETS LOCATED UPON THE PREMISES OR OF TENANT'S INTEREST IN THIS
LEASE, UNLESS SUCH SEIZURE IS DISCHARGED WITHIN THIRTY (30) DAYS; OR
19.1.4
INTENTIONALLY OMITTED; OR
19.1.5
THE FAILURE BY TENANT TO OBSERVE OR PERFORM ACCORDING TO
THE PROVISIONS OF SECTION 5.2, OR 8.4 OF THIS LEASE, OR ARTICLES 14, 17 OR 18 OF
THIS LEASE WHERE SUCH FAILURE CONTINUES FOR MORE THAN FIVE (5) BUSINESS DAYS
AFTER NOTICE FROM LANDLORD.
The notice periods provided herein are in lieu of, and not in addition to, any
notice periods provided by law.
19.2
REMEDIES UPON DEFAULT.
UPON THE OCCURRENCE OF
ANY EVENT OF DEFAULT BY TENANT, LANDLORD SHALL HAVE, IN ADDITION TO ANY OTHER
REMEDIES AVAILABLE TO LANDLORD AT LAW OR IN EQUITY (ALL OF WHICH REMEDIES SHALL
BE DISTINCT, SEPARATE AND CUMULATIVE), THE OPTION TO PURSUE ANY ONE OR MORE OF
THE FOLLOWING REMEDIES, EACH AND ALL OF WHICH SHALL BE CUMULATIVE AND
NONEXCLUSIVE, WITHOUT ANY NOTICE OR DEMAND WHATSOEVER.
19.2.1
TERMINATE THIS LEASE, IN WHICH EVENT TENANT SHALL
IMMEDIATELY SURRENDER THE PREMISES TO LANDLORD, AND IF TENANT FAILS TO DO SO,
LANDLORD MAY, WITHOUT PREJUDICE TO ANY OTHER REMEDY WHICH IT MAY HAVE FOR
POSSESSION OR ARREARAGES IN RENT, ENTER UPON AND TAKE POSSESSION OF THE PREMISES
AND EXPEL OR REMOVE TENANT AND ANY OTHER PERSON WHO MAY BE OCCUPYING THE
PREMISES OR ANY PART THEREOF, WITHOUT BEING LIABLE FOR PROSECUTION OR ANY CLAIM
OR DAMAGES THEREFOR; AND LANDLORD MAY RECOVER FROM TENANT THE FOLLOWING:
(A)
THE WORTH AT THE TIME OF AWARD OF ANY
UNPAID RENT WHICH HAS BEEN EARNED AT THE TIME OF SUCH TERMINATION; PLUS
(B)
THE WORTH AT THE TIME OF AWARD OF THE AMOUNT
BY WHICH THE UNPAID RENT WHICH WOULD HAVE BEEN EARNED AFTER TERMINATION UNTIL
THE TIME OF AWARD EXCEEDS THE AMOUNT OF SUCH RENTAL LOSS THAT TENANT PROVES
COULD HAVE BEEN REASONABLY AVOIDED; PLUS
(C)
THE WORTH AT THE TIME OF AWARD OF THE
AMOUNT BY WHICH THE UNPAID RENT FOR THE BALANCE OF THE LEASE TERM AFTER THE TIME
OF AWARD EXCEEDS THE AMOUNT OF SUCH RENTAL LOSS THAT TENANT PROVES COULD HAVE
BEEN REASONABLY AVOIDED; PLUS
(D)
ANY OTHER AMOUNT NECESSARY TO COMPENSATE
LANDLORD FOR ALL THE DETRIMENT PROXIMATELY CAUSED BY TENANT'S FAILURE TO PERFORM
ITS OBLIGATIONS UNDER THIS LEASE OR WHICH IN THE ORDINARY COURSE OF THINGS WOULD
BE LIKELY TO RESULT THEREFROM, SPECIFICALLY INCLUDING BUT NOT LIMITED TO,
BROKERAGE COMMISSIONS AND ADVERTISING EXPENSES INCURRED, EXPENSES OF REMODELING
THE PREMISES OR ANY PORTION THEREOF FOR A NEW TENANT, WHETHER FOR THE SAME OR A
DIFFERENT USE, AND ANY SPECIAL CONCESSIONS MADE TO OBTAIN A NEW TENANT; AND
45
(E)
AT LANDLORD'S ELECTION, SUCH OTHER AMOUNTS
IN ADDITION TO OR IN LIEU OF THE FOREGOING AS MAY BE PERMITTED FROM TIME TO TIME
BY APPLICABLE LAW.
The term "rent" as used in this Section 19.2 shall be deemed to be and to mean
all sums of every nature required to