ONE OR
MORE INSTANCES UPON THE STRICT PERFORMANCE OF ANY ONE OR MORE OF THE OBLIGATIONS
OF THIS LEASE, OR TO EXERCISE ANY ELECTION HEREIN CONTAINED, SHALL NOT BE
CONSTRUED AS A WAIVER OR RELINQUISHMENT FOR THE FUTURE OF THE PERFORMANCE OF
SUCH ONE OR MORE OBLIGATIONS OF THIS LEASE OR OF THE RIGHT TO EXERCISE SUCH
ELECTION, AND SUCH RIGHT TO INSIST UPON STRICT PERFORMANCE SHALL CONTINUE AND
REMAIN IN FULL FORCE AND EFFECT WITH RESPECT TO ANY SUBSEQUENT BREACH, ACT OR
OMISSION.
THE RECEIPT BY LANDLORD OF FIXED RENT OR PARTIAL PAYMENTS THEREOF OR
ADDITIONAL CHARGES OR PARTIAL PAYMENTS THEREOF WITH KNOWLEDGE OF BREACH BY
TENANT OF ANY OBLIGATION OF THIS LEASE SHALL NOT BE DEEMED A WAIVER OF SUCH
BREACH.
67
26.02
ANY OPTION ON THE PART OF TENANT HEREIN CONTAINED FOR
AN EXTENSION OR RENEWAL HEREOF SHALL NOT BE DEEMED TO GIVE TENANT ANY OPTION FOR
A FURTHER EXTENSION BEYOND THE FIRST RENEWAL OR EXTENDED TERM.
ARTICLE 27
CURING TENANT'S DEFAULTS
27.01
IF TENANT SHALL DEFAULT IN THE PERFORMANCE OF ANY OF
TENANT'S OBLIGATIONS UNDER THIS LEASE, LANDLORD, ANY SUPERIOR LESSOR OR ANY
SUPERIOR MORTGAGEE WITHOUT THEREBY WAIVING SUCH DEFAULT, MAY (BUT SHALL NOT BE
OBLIGATED TO) PERFORM THE SAME FOR THE ACCOUNT AND AT THE EXPENSE OF TENANT,
WITHOUT NOTICE IN A CASE OF EMERGENCY, AND IN ANY OTHER CASE ONLY IF SUCH
DEFAULT CONTINUES AFTER THE EXPIRATION OF THE APPLICABLE GRACE PERIOD, IF ANY.
IF LANDLORD EFFECTS SUCH CURE BY BONDING ANY LIEN WHICH TENANT IS REQUIRED TO
BOND, TENANT SHALL OBTAIN AND SUBSTITUTE A BOND FOR LANDLORD'S BOND AT ITS SOLE
COST AND EXPENSE AND REIMBURSE LANDLORD FOR THE COST OF LANDLORD'S BOND.
27.02
BILLS FOR ANY EXPENSES INCURRED BY LANDLORD OR ANY
SUPERIOR LESSOR OR ANY SUPERIOR MORTGAGEE IN CONNECTION WITH ANY SUCH
PERFORMANCE BY IT FOR THE ACCOUNT OF TENANT, AND BILLS FOR ALL COSTS, EXPENSES
AND DISBURSEMENTS OF EVERY KIND AND NATURE WHATSOEVER, INCLUDING REASONABLE
COUNSEL FEES, INVOLVED IN COLLECTING OR ENDEAVORING TO COLLECT THE FIXED RENT OR
ADDITIONAL CHARGES OR ANY PART THEREOF OR ENFORCING OR ENDEAVORING TO ENFORCE
ANY RIGHTS AGAINST TENANT OR TENANT'S OBLIGATIONS HEREUNDER, UNDER OR IN
CONNECTION WITH THIS LEASE OR PURSUANT TO LAW, INCLUDING ANY SUCH COST, EXPENSE
AND DISBURSEMENT INVOLVED IN INSTITUTING AND PROSECUTING SUMMARY PROCEEDINGS OR
IN RECOVERING POSSESSION OF THE PREMISES AFTER DEFAULT BY TENANT OR UPON THE
EXPIRATION OR SOONER TERMINATION OF THIS LEASE, AND INTEREST ON ALL SUMS
ADVANCED BY LANDLORD OR SUCH SUPERIOR LESSOR OR SUPERIOR MORTGAGEE UNDER THIS
SECTION 27.02 AND/OR SECTION 27.01 (AT THE INTEREST RATE OR THE MAXIMUM RATE
PERMITTED BY LAW, WHICHEVER IS LESS) MAY BE SENT BY LANDLORD OR SUCH SUPERIOR
LESSOR OR SUPERIOR MORTGAGEE TO TENANT MONTHLY, OR IMMEDIATELY, AT ITS OPTION,
AND SUCH AMOUNTS SHALL BE DUE AND PAYABLE AS ADDITIONAL CHARGES IN ACCORDANCE
WITH THE TERMS OF SUCH BILLS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED IN THIS SECTION, TENANT SHALL HAVE NO OBLIGATION TO PAY LANDLORD'S
COSTS, EXPENSES, OR