THE
PREMISES, INCLUDING, BUT NOT LIMITED TO, ALTERATIONS, REMODELING, REDECORATING,
REPAIRS, REPLACEMENTS AND/OR PAINTING AS LANDLORD SHALL CONSIDER ADVISABLE FOR
THE PURPOSE OF RELETTING THE PREMISES OR ANY PART THEREOF; OR
25.02.2
THE APPOINTMENT OF A RECEIVER UPON THE INITIATIVE OF LANDLORD TO
PROTECT LANDLORD'S INTEREST UNDER THIS LEASE OR IN THE PREMISES.
25.03
CUMULATIVE REMEDIES.
THE REMEDIES HEREIN PROVIDED ARE NOT EXCLUSIVE
AND LANDLORD SHALL HAVE ANY AND ALL OTHER REMEDIES PROVIDED HEREIN OR BY LAW OR
IN EQUITY.
25.04
NO SURRENDER.
NO ACT OR CONDUCT OF LANDLORD, WHETHER CONSISTING OF
THE ACCEPTANCE OF THE KEYS TO THE PREMISES, OR OTHERWISE, SHALL BE DEEMED TO BE
OR CONSTITUTE AN ACCEPTANCE OF THE SURRENDER OF THE PREMISES BY TENANT PRIOR TO
THE EXPIRATION OF THE TERM, AND SUCH ACCEPTANCE BY LANDLORD OF SURRENDER BY
TENANT SHALL ONLY FLOW FROM AND MUST BE EVIDENCED BY A WRITTEN ACKNOWLEDGMENT OF
ACCEPTANCE OF SURRENDER SIGNED BY LANDLORD.
THE SURRENDER OF THIS LEASE BY
TENANT, VOLUNTARILY OR OTHERWISE, SHALL NOT WORK A MERGER UNLESS LANDLORD ELECTS
IN WRITING THAT SUCH MERGER TAKE PLACE, BUT SHALL OPERATE AS AN ASSIGNMENT TO
LANDLORD OF ANY AND ALL EXISTING SUBLEASES, OR LANDLORD MAY, AT ITS OPTION,
ELECT IN WRITING TO TREAT SUCH SURRENDER AS A MERGER TERMINATING TENANT'S ESTATE
UNDER THIS LEASE, AND THEREUPON LANDLORD MAY TERMINATE ANY OR ALL SUCH SUBLEASES
BY NOTIFYING THE SUBLESSEE OF ITS ELECTION SO TO DO.
ARTICLE XXVI
LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS
26.01
PERFORMANCE BY LANDLORD.
WITHOUT LIMITING THE RIGHTS AND REMEDIES
OF LANDLORD CONTAINED IN PARAGRAPH XXV ABOVE, IF TENANT SHALL BE IN MATERIAL
DEFAULT IN THE PERFORMANCE OF ANY OF THE TERMS, PROVISIONS, COVENANTS OR
CONDITIONS TO BE PERFORMED OR COMPLIED WITH BY TENANT PURSUANT TO THIS LEASE,
THEN LANDLORD MAY AT LANDLORD'S OPTION, WITHOUT ANY OBLIGATION TO DO SO, AND
WITHOUT NOTICE TO TENANT PERFORM ANY SUCH TERM, PROVISION, COVENANT, OR
CONDITION, OR MAKE ANY SUCH PAYMENT AND LANDLORD BY REASON OF SO DOING SHALL NOT
BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE THEREBY SUSTAINED BY TENANT OR
ANYONE HOLDING UNDER OR THROUGH TENANT OR ANY OF TENANT'S AGENTS.
26.02
EMERGENCY PERFORMANCE BY LANDLORD.
WITHOUT LIMITING THE RIGHTS OF
LANDLORD UNDER PARAGRAPH 26.01 ABOVE, LANDLORD SHALL HAVE THE RIGHT AT
LANDLORD'S OPTION, WITHOUT ANY OBLIGATION TO DO SO, TO PERFORM ANY OF TENANT'S
COVENANTS OR OBLIGATIONS UNDER THIS LEASE WITHOUT NOTICE TO TENANT IN THE CASE
OF AN EMERGENCY, AS DETERMINED BY LANDLORD IN ITS REASONABLE
34
JUDGMENT, OR IF LANDLORD OTHERWISE DETERMINES IN ITS REASONABLE DISCRETION THAT
SUCH PERFORMANCE IS NECESSARY OR DESIRABLE FOR THE PRESERVATION OF THE RIGHTS
AND INTERESTS OR SAFETY OF OTHER TENANTS OF THE BUILDINGS OR THE PROJECT.
26.03
TENANT REIMBURSEMENT.
IF LANDLORD PERFORMS ANY OF TENANT'S
OBLIGATIONS HEREUNDER IN ACCORDANCE WITH THIS PARAGRAPH XXVI, THE REASONABLE
AMOUNT OF THE COST AND EXPENSE INCURRED OR THE PAYMENT SO MADE OR THE AMOUNT OF
THE LOSS SO SUSTAINED SHALL IMMEDIATELY BE OWING BY TENANT TO LANDLORD, AND
TENANT SHALL