ALTERATIONS AND REMODELING AS SHALL BE INCIDENT TO SUCH RELETTING, THEN TO COSTS
AND, TO THE EXTENT PERMITTED BY LAW, REASONABLE ATTORNEY FEES, AND THEN TO THE
PAYMENT OF THE RENTAL AND OTHER SUMS ACCRUING HEREUNDER, AND TENANT, WHETHER OR
NOT THE DEMISED PREMISES ARE RELET, SHALL REMAIN LIABLE FOR ANY DEFICIENCY,
WHICH DEFICIENCY SHALL BE PAID BY TENANT TO LANDLORD, PERIODICALLY, UPON THE
SUCCESSIVE DAYS UPON WHICH THE RENTAL HEREUNDER IS PAYABLE.
IT IS AGREED THAT THE COMMENCEMENT AND PROSECUTION OF ANY ACTION BY LANDLORD IN
FORCIBLE ENTRY AND DETAINER, EJECTMENT OR OTHERWISE, OR THE APPOINTMENT OF A
RECEIVER, OR ANY EXECUTION OF ANY DECREE OBTAINED IN ANY ACTION TO RECOVER
POSSESSION OF THE DEMISED PREMISES, OR ANY REENTRY, SHALL NOT BE CONSTRUED AS AN
ELECTION TO TERMINATE THIS LEASE UNLESS LANDLORD SHALL, IN WRITING, EXPRESSLY
EXERCISE ITS ELECTION TO DECLARE THE TERM HEREUNDER ENDED AND TO TERMINATE THIS
LEASE, AND SUCH REENTRY OR ENTRY BY LANDLORD, WHETHER TAKEN UNDER SUMMARY
PROCEEDINGS, OR OTHERWISE,
22
SHALL NOT BE DEEMED TO HAVE ABSOLVED OR DISCHARGED TENANT FROM ANY OF ITS
OBLIGATIONS AND LIABILITIES FOR THE REMAINDER OF THE LEASE TERM.
1.
TO TERMINATE THIS LEASE, IN WHICH EVENT TENANT SHALL IMMEDIATELY
SURRENDER THE DEMISED 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 DEMISED
PREMISES AND EXPEL OR REMOVE TENANT AND ANY OTHER PERSON WHO MAY BE OCCUPYING
THE DEMISED 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, AND EXPENSES OF
REMODELING THE DEMISED 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
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