SHALL HAVE THE OPTION TO PURSUE
ANY ONE OR MORE OF THE FOLLOWING REMEDIES:
(I)
LANDLORD MAY, AT ITS ELECTION, TERMINATE
THIS LEASE OR TERMINATE TENANT'S RIGHT TO POSSESSION ONLY, WITHOUT TERMINATING
THE LEASE.
(II)
UPON ANY TERMINATION OF THIS LEASE,
WHETHER BY LAPSE OF TIME OR OTHERWISE, OR UPON ANY TERMINATION OF TENANT'S RIGHT
TO POSSESSION WITHOUT TERMINATION OF THE LEASE, TENANT SHALL SURRENDER
POSSESSION AND VACATE THE PREMISES IMMEDIATELY, AND DELIVER POSSESSION THEREOF
TO LANDLORD, AND LANDLORD SHALL HAVE THE RIGHT TO ENTER INTO AND UPON THE
PREMISES IN SUCH EVENT IN ACCORDANCE WITH APPLICABLE DISPOSSESSORY STATUTES AND
TO REPOSSESS THE PREMISES AND TO EXPEL OR REMOVE TENANT AND ANY OTHERS WHO MAY
BE OCCUPYING OR WITHIN THE PREMISES AND TO REMOVE ANY AND ALL PROPERTY
THEREFROM, WITHOUT BEING DEEMED IN ANY MANNER GUILTY OF TRESPASS, EVICTION OR
FORCIBLE ENTRY OR DETAINER, AND WITHOUT INCURRING ANY LIABILITY FOR ANY DAMAGE
RESULTING THEREFROM; TENANT HEREBY WAIVING ANY RIGHT TO CLAIM DAMAGE FOR SUCH
REENTRY AND EXPULSION, AND WITHOUT RELINQUISHING LANDLORD'S RIGHT TO RENT OR ANY
OTHER RIGHT GIVEN TO LANDLORD HEREUNDER OR BY OPERATION OF LAW.
UNLESS
OTHERWISE CONSENTED TO BY TENANT, LANDLORD AGREES THAT IT WILL ONLY REPOSSESS OR
REGAIN POSSESSION OF THE PREMISES THROUGH APPLICABLE DISPOSSESSORY PROCEDURES.
(III)
UPON TERMINATION OF THIS LEASE, WHETHER BY
LAPSE OF TIME, BY OR IN CONNECTION WITH A DISPOSSESSORY PROCEEDING OR OTHERWISE,
LANDLORD SHALL BE ENTITLED TO RECOVER AS LANDLORD'S ACTUAL ACCRUED DAMAGES, ALL
RENT, INCLUDING ANY AMOUNT TREATED AS ADDITIONAL RENT HEREUNDER, AND OTHER SUMS
DUE AND PAYABLE BY TENANT ON THE DATE OF TERMINATION, PLUS, AS LANDLORD'S
LIQUIDATED DAMAGES FOR THE BALANCE OF THE STATED TERM HEREOF AND NOT AS A
FORFEITURE OR PENALTY, THE SUM OF: (I) AN AMOUNT EQUAL TO THE THEN PRESENT VALUE
OF THE RENT, INCLUDING ANY AMOUNTS TREATED AS ADDITIONAL RENT HEREUNDER, AND
OTHER SUMS PROVIDED HEREIN TO BE PAID BY TENANT FOR THE RESIDUE OF THE STATED
TERM HEREOF, LESS THE FAIR RENTAL VALUE OF THE PREMISES FOR SUCH RESIDUE (TAKING
INTO ACCOUNT THE TIME AND EXPENSES NECESSARY TO OBTAIN A REPLACEMENT TENANT OR
TENANTS, INCLUDING EXPENSES HEREINAFTER DESCRIBED IN SUBPARAGRAPH (IV)(B)
RELATING TO RECOVERY OF THE PREMISES, PREPARATION FOR RELETTING AND FOR
RELETTING ITSELF), AND (II) THE COST OF PERFORMING ANY OTHER COVENANTS WHICH
WOULD HAVE OTHERWISE BEEN PERFORMED BY TENANT.
(IV)
(A)
UPON TERMINATION OF TENANT'S RIGHT TO
POSSESSION OF THE DEMISED PREMISES, REGARDLESS OF WHETHER SUCH TERMINATION
OCCURS AS A RESULT OF A DISPOSSESSORY PROCEEDING, DISTRAINT PROCEEDING, EXERCISE
OF RIGHT OF TERMINATION, LEASE EXPIRATION OR OTHERWISE, TENANT SHALL REMAIN
LIABLE FOR PAYMENT OF ALL RENT THEREAFTER ACCRUING AND FOR PERFORMANCE OF ALL
OBLIGATIONS THEREAFTER PERFORMABLE UNDER THIS LEASE.
LANDLORD MAY, AT
LANDLORD'S OPTION, ENTER THE PREMISES, REMOVE TENANT'S SIGNS AND OTHER EVIDENCES
OF TENANCY, AND TAKE AND HOLD POSSESSION THEREOF AS PROVIDED IN SUBPARAGRAPH
(II) ABOVE, WITHOUT SUCH ENTRY AND POSSESSION RELEASING TENANT FROM ANY
OBLIGATION, INCLUDING TENANT'S
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OBLIGATION TO PAY RENT, INCLUDING ANY AMOUNTS TREATED AS ADDITIONAL