RATE FROM THE DATE LANDLORD INCURS THE EXPENSE IN QUESTION
UNTIL LANDLORD IS REIMBURSED THEREFOR.
V.
REQUIRE TENANT TO PAY ANY RENTAL IN QUARTERLY INSTALLMENTS IN
ADVANCE OF' EACH CALENDAR QUARTER DURING THE TAM BY CERTIFIED OR CASHIER'S
CHECK.
VI.
WITH TWENTY-FOUR (24) HOURS PRIOR NOTICE, ALTER THE LOCKS AND ANY
OTHER SECURITY DEVICE OR DEVICES WHICH ALLOW TENANT ACCESS TO THE PREMISES OR
THE BUILDING OF WHICH THE PREMISES FORM A PART, AND LANDLORD SHALL NOT BE
REQUIRED TO PROVIDE A NEW KEY OR RIGHT OF ACCESS TO TENANT, AND RESTRICT OR
TERMINATE ANY RIGHT TO USE PARKING FACILITIES
15
ASSOCIATED WITH THE BUILDING AS WELL AS UTILITY SERVICES TO THE PREMISES.
THIS
PARAGRAPH 20A(VI) IS INTENDED TO AND SHALL SUPERSEDE THE PROVISIONS OF
SECTION 93.002 OF THE TEXAS PROPERTY CODE.
B.
UPON THE OCCURRENCE OF AN EVENT OF DEFAULT, IN ADDITION TO ANY
OTHER SUM PROVIDED TO BE PAID HEREIN, TENANT ALSO SHALL BE LIABLE FOR AND SHALL
PAY TO LANDLORD: (I) BROKERS' FEES INCURRED BY LANDLORD IN CONNECTION WITH
RELETTING THE WHOLE OR ANY PART OF THE PREMISES TO THE EXTENT SUCH BROKERS' FEES
(IF CALCULATED BASED ON THE TERM OF THE LEASE FOR THE RELETTING) ARE
ATTRIBUTABLE TO THE REMAINDER OF THE TERM OF THIS LEASE; (II) THE COSTS OF
REMOVING AND STORING TENANT'S OR OTHER OCCUPANT'S PROPERTY; (III) THE COSTS OF
REPAIRING, ALTERING, REMODELING OR OTHERWISE PUTTING THE PREMISES INTO CONDITION
ACCEPTABLE TO A NEW TENANT OR TENANTS; (IV) ALL REASONABLE EXPENSES INCURRED IN
MARKETING THE PREMISES AND (V) ALL REASONABLE EXPENSES INCURRED BY LANDLORD IN
ENFORCING OR DEFENDING LANDLORD'S RIGHTS AND/OR REMEDIES.
IF EITHER PARTY
HERETO INSTITUTES ANY ACTION OR PROCEEDING TO ENFORCE ANY PROVISION HEREOF BY
REASON OF ANY ALLEGED BREACH OF ANY PROVISION OF THIS LEASE, THE PREVAILING
PARTY SHALL BE ENTITLED TO RECEIVE FROM THE LOSING PARTY ALL ACTUAL AND
REASONABLE ATTORNEYS' FEES AND ALL COURT COSTS IN CONNECTION WITH SUCH
PROCEEDING.
IF TENANT FILES A VOLUNTARY PETITION UNDER ANY CHAPTER OF TITLE 11
OF THE UNITED STALES CODE, OR IF AN INVOLUNTARY PETITION IS FILED AGAINST TENANT
SEEKING RELIEF UNDER ANY CHAPTER OF TITLE 11 OF THE UNITED STATES CODE, TENANT
ACKNOWLEDGES THAT LANDLORD MAY, AT ITS OPTION, RETAIN AN ATTORNEY TO REPRESENT
LANDLORD IN SUCH BANKRUPTCY CASE AND ALL ATTORNEYS' FEES AND EXPENSES (INCLUDING
EXPENSES OF CONSULTING OR TESTIFYING EXPERT WITNESSES) INCURRED BY LANDLORD IN
CONNECTION WITH SUCH BANKRUPTCY CASE SHALL BE RECOVERABLE BY LANDLORD AS
ADDITIONAL RENT UNDER THIS LEASE AND SHALL CONSTITUTE PARS OF THE CURE REQUIRED
UNDER 11 U.S.C. SEC. 365(B)(1)(A) IF TENANT SEEKS TO ASSUME OR ASSUME AND ASSIGN
THIS LEASE.
C.
IN THE EVENT TENANT FAILS TO MAKE ANY PAYMENT DUE HEREUNDER WHEN
PAYMENT IS DUE, TO HELP DEFRAY THE ADDITIONAL COST TO LANDLORD FOR PROCESSING
SUCH LATE PAYMENTS, TENANT SHALL PAY TO LANDLORD ON DEMAND A LATE CHARGE IN AN
AMOUNT EQUAL TO FIVE PERCENT (5%) OF SUCH PAYMENT; AND THE FAILURE TO PAY SUCH
AMOUNT WITHIN FIVE (5) DAYS AFTER DEMAND