DO SO, LANDLORD MAY,
WITHOUT ANY FURTHER NOTICE AND WITHOUT PREJUDICE TO ANY OTHER REMEDY LANDLORD
MAY HAVE FOR POSSESSION OR ARREARAGES IN RENTAL, ENTER UPON AND TAKE POSSESSION
OF THE PREMISES AND REMOVE TENANT AND ITS EFFECTS WITHOUT BEING LIABLE FOR
PROSECUTION OR ANY CLAIM FOR DAMAGES THEREFOR, AND TENANT SHALL INDEMNIFY
LANDLORD FOR ALL LOSS AND DAMAGE WHICH LANDLORD MAY SUFFER BY REASON OF SUCH
TERMINATION, WHETHER THROUGH INABILITY TO RELET THE PREMISES OR OTHERWISE,
INCLUDING ANY LOSS OF RENTAL FOR THE REMAINDER OF THE TERM.
II.
IF THE EVENT OF DEFAULT RELATES TO NONPAYMENT OF BASE RENT OR
ANY OTHER MONETARY SUM DUE HEREUNDER, OR THE DESERTION, VACATION OR ABANDONMENT
OF THE PREMISES, TERMINATE THIS LEASE, IN WHICH EVENT TENANT'S DEFAULT SHALL BE
DEEMED A TOTAL AND ENTIRE BREACH OF TENANT'S OBLIGATIONS UNDER THIS LEASE AND
TENANT IMMEDIATELY SHALL BECOME LIABLE FOR DAMAGES IN AN AMOUNT EQUAL TO THE
EXCESS OF (I) THE TOTAL RENTAL FOR THE REMAINDER OF THE TERM, DISCOUNTED AT THE
PRIME RATE (HEREINAFTER DEFINED) TO THE THEN PRESENT VALUE, TOGETHER WITH ALL
OTHER ACTUAL AND REASONABLE EXPENSES INCURRED BY LANDLORD IN CONNECTION WITH
TENANT'S DEFAULT, ALL SUMS DUE PURSUANT TO PARAGRAPH 20B BELOW, AND THE UNPAID
RENTAL DUE AS OF THE DATE OF TERMINATION, OVER (II) THE FAIR MARKET RENTAL VALUE
OF THE PREMISES FOR THE BALANCE OF THE TERM, DISCOUNTED AT THE PRIME RATE TO THE
THEN PRESENT VALUE.
FOR THE PURPOSES OF CLAUSE (I) ABOVE, THE COMPONENTS OF
MONTHLY RENT (OTHER THAN BASE RENT) FOR THE REMAINDER OF THE TERM SHALL BE
DEEMED TO BE EQUAL TO THE RESPECTIVE MONTHLY AMOUNTS THEREOF AS WERE DUE AND
PAYABLE DURING THE MONTH IN WHICH THE LEASE WAS TERMINATED.
IT IS ACKNOWLEDGED
INTENDED AND AGREED THAT THE AMOUNTS WHICH LANDLORD IS ENTITLED TO RECOVER UNDER
THIS PARAGRAPH 20A(II) CONSTITUTE LIQUIDATED DAMAGES AND NOT A PENALTY FOR
TENANT'S DEFAULTS RELATED TO NONPAYMENT OF RENTAL, OR THE DESERTION, VACATION OR
ABANDONMENT OF THE PREMISES.
SUCH AMOUNTS CONSTITUTE THE PARTIES' BEST, GOOD
FAITH, AND REASONABLE ESTIMATE OF THE DAMAGES WHICH WOULD BE SUFFERED BY
LANDLORD IN THE EVENT ANY SUCH DEFAULT OCCURS, THE EXACT AMOUNT OF SUCH DAMAGES
BEING DIFFICULT OR IMPRACTICAL TO CALCULATE.
III.
ENTER UPON AND TAKE POSSESSION OF THE PREMISES AS TENANT'S AGENT
WITHOUT TERMINATING THIS LEASE AND WITHOUT BEING LIABLE FOR PROSECUTION OR ANY
CLAIM FOR DAMAGES THEREFOR, AND LANDLORD MAY RELET THE PREMISES AS TENANT'S
AGENT AND RECEIVE THE RENTAL THEREFOR, IN WHICH EVENT TENANT SHALL PAY TO
LANDLORD ON DEMAND ALL SUMS DUE PURSUANT TO PARAGRAPH 20B BELOW, TOGETHER WITH
ANY DEFICIENCY THAT MAY ARISE BY REASON OF SUCH RELETTING.
IV.
DO WHATEVER TENANT IS OBLIGATED TO DO UNDER THIS LEASE AND ENTER
THE PREMISES, WITHOUT BEING LIABLE FOR PROSECUTION OR ANY CLAIM FOR DAMAGES
THEREFOR, TO ACCOMPLISH SUCH PURPOSE.
TENANT SHALL REIMBURSE LANDLORD
IMMEDIATELY UPON DEMAND FOR ANY EXPENSES WHICH LANDLORD INCURS IN THUS EFFECTING
COMPLIANCE WITH THIS LEASE ON TENANT'S BEHALF, TOGETHER WITH INTEREST THEREON AT
THE HIGHEST LAWFUL