SHALL PAY LANDLORD FOR ALL
EXPENSES INCURRED BY LANDLORD IN SUCH REMOVAL AND STORAGE CHARGES AGAINST SUCH
PROPERTY AS LONG AS THE SAME IS IN LANDLORD'S POSSESSION OR UNDER LANDLORD'S
CONTROL. SUBJECT TO SECTION 31.13, ALL OF TENANT'S PERSONALTY NOT REMOVED FROM
ANY PROPERTY LOCATION OR RETAKEN FROM STORAGE BY TENANT WITHIN TWENTY (20) DAYS
AFTER THE END OF THE TERM, HOWEVER TERMINATED, AT LANDLORD'S OPTION, SHALL BE
CONCLUSIVELY DEEMED TO HAVE BEEN CONVEYED BY TENANT TO LANDLORD AS BY BILL OF
SALE WITHOUT FURTHER PAYMENT OR CREDIT BY LANDLORD TO TENANT.
16.05
LANDLORD'S DEFAULT. IF LANDLORD SHALL VIOLATE, NEGLECT OR FAIL TO
PERFORM OR OBSERVE ANY OF THE REPRESENTATIONS, COVENANTS, PROVISIONS, OR
CONDITIONS CONTAINED IN THIS LEASE ON ITS PART TO BE PERFORMED OR OBSERVED,
WHICH DEFAULT CONTINUES FOR A PERIOD OF MORE THAN THIRTY (30) DAYS AFTER RECEIPT
OF WRITTEN NOTICE FROM TENANT SPECIFYING SUCH DEFAULT (PROVIDED, HOWEVER, SUCH
PERIOD SHALL BE LIMITED TO TWO (2) BUSINESS DAYS WITH RESPECT TO A DEFAULT UNDER
SECTION 31.17(G)), OR IF SUCH DEFAULT IS OF A NATURE TO REQUIRE MORE THAN THIRTY
(30) DAYS FOR REMEDY AND CONTINUES BEYOND THE TIME REASONABLY NECESSARY TO CURE
(PROVIDED LANDLORD MUST HAVE UNDERTAKEN PROCEDURES TO CURE THE DEFAULT WITHIN
SUCH THIRTY (30) DAY PERIOD AND THEREAFTER DILIGENTLY PURSUES SUCH EFFORTS TO
CURE TO COMPLETION, PROVIDED THAT LANDLORD SHALL NOT HAVE SUCH ADDITIONAL PERIOD
TO CURE WITH RESPECT TO DEFAULT UNDER SECTION 31.17(G)), TENANT, AT ITS OPTION
(IN ADDITION TO ALL OTHER RIGHTS AND REMEDIES PROVIDED TENANT AT LAW, IN EQUITY
OR HEREUNDER), UPON FURTHER WRITTEN NOTICE TO LANDLORD OF TENANT'S INTENTION TO
EXERCISE ANY REMEDY HEREUNDER, WHICH SHALL PROVIDE LANDLORD WITH AN ADDITIONAL
TEN (10) DAYS CURE PERIOD THEREAFTER (PROVIDED THAT LANDLORD SHALL NOT HAVE SUCH
ADDITIONAL PERIOD TO CURE WITH RESPECT TO DEFAULT UNDER SECTION 31.17(G)), MAY
EITHER TERMINATE THIS LEASE UPON WRITTEN NOTICE THEREOF GIVEN TO LANDLORD, OR
INCUR ANY REASONABLE EXPENSE NECESSARY TO PERFORM THE OBLIGATION OF LANDLORD
SPECIFIED IN SUCH NOTICE AND BILL LANDLORD FOR THE COSTS THEREOF. IF LANDLORD
FAILS TO REIMBURSE TENANT FOR SUCH REASONABLE COSTS WITHIN THIRTY (30) DAYS
AFTER LANDLORD'S RECEIPT OF SUCH BILL, TENANT MAY DEDUCT SUCH COSTS FROM THE
NEXT DUE INSTALLMENTS OF MONTHLY BASE RENT, UNTIL SUCH COSTS ARE RECOUPED BY
TENANT.
16.06
ATTORNEYS' FEES. THE DEFAULTING PARTY SHALL PAY ALL OF THE
NON-DEFAULTING PARTY'S COSTS, CHARGES AND EXPENSES, INCLUDING COURT COSTS AND
REASONABLE ATTORNEYS' FEES, INCURRED IN ENFORCING THE DEFAULTING PARTY'S
OBLIGATIONS UNDER THIS LEASE, INCURRED BY THE NON-DEFAULTING PARTY IN ANY ACTION
BROUGHT BY A PARTY IN WHICH THE OTHER PARTY IS THE PREVAILING PARTY, OR INCURRED
BY A PREVAILING PARTY IN ANY LITIGATION, NEGOTIATION OR TRANSACTION IN WHICH THE
OTHER PARTY CAUSES SUCH PREVAILING PARTY, WITHOUT SUCH PREVAILING PARTY'S FAULT,
TO BECOME INVOLVED OR CONCERNED.
16.07
TENANT WAIVER. TENANT HEREBY EXPRESSLY WAIVES, FOR ITSELF AND ALL
PERSONS CLAIMING BY, THROUGH AND UNDER TENANT, INCLUDING CREDITORS OF ALL KINDS,
(A) ANY RIGHT AND
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PRIVILEGE WHICH TENANT HAS UNDER ANY