UNDER
THE LEASE.
18.
Default.
(A)
THIS LEASE AND THE TERM AND ESTATE HEREBY GRANTED ARE SUBJECT TO THE
LIMITATION THAT: (I) IF TENANT SHALL FAIL TO PAY ANY INSTALLMENT OF BASE RENT OR
IMPOSITIONS WHEN DUE, OR (II) IF TENANT SHALL FAIL TO PAY ANY OTHER ITEM OF
ADDITIONAL RENT OR OTHER CHARGES WITHIN TEN (10) DAYS AFTER WRITTEN NOTICE OF
NON-PAYMENT, OR (III) IF TENANT DEFAULTS IN FULFILLING ANY OF THE OTHER
COVENANTS OF THIS LEASE AND SUCH DEFAULT SHALL CONTINUE FOR A PERIOD OF
FORTY-FIVE (45) DAYS AFTER NOTICE THEREOF (PROVIDED, HOWEVER, THAT IN THE CASE
OF THIS CLAUSE (III), IF SUCH DEFAULT CANNOT WITH DUE DILIGENCE BE CURED WITHIN
SUCH PERIOD OF FORTY-FIVE (45) DAYS FOR CAUSES BEYOND TENANT'S REASONABLE
CONTROL, IF TENANT SHALL NOT PROMPTLY UPON THE RECEIPT OF SUCH NOTICE (WHICH
NOTICE SHALL ADVISE TENANT OF THE PROVISIONS SET FORTH IN THE FOLLOWING CLAUSES
(A) AND (B)) (A) ADVISE LANDLORD OF TENANT'S INTENTION DULY TO INSTITUTE ALL
STEPS NECESSARY TO CURE SUCH DEFAULT AND (B) INSTITUTE AND THEREAFTER DILIGENTLY
PROSECUTE TO COMPLETION ALL STEPS NECESSARY TO CURE THE SAME), THEN, IN ANY ONE
OR MORE OF SUCH EVENTS, IN ADDITION TO ANY OTHER REMEDIES AVAILABLE TO LANDLORD
AT LAW OR IN EQUITY, LANDLORD MAY SERVE A WRITTEN FORTY-FIVE (45) DAY NOTICE OF
CANCELLATION OF THIS LEASE UPON TENANT, AND UPON THE EXPIRATION OF SAID
FORTY-FIVE (45) DAYS, THIS LEASE AND THE TERM SHALL END AND EXPIRE AS FULLY AND
COMPLETELY AS IF THE DATE OF EXPIRATION OF SUCH FORTY-FIVE (45) DAY PERIOD WERE
THE DAY HEREIN DEFINITELY FIXED FOR THE END AND EXPIRATION OF THIS LEASE, AND
THE TERM THEREOF, AND TENANT SHALL THEN QUIT AND SURRENDER THE PREMISES TO
LANDLORD BUT TENANT SHALL REMAIN LIABLE FOR DAMAGES AS PROVIDED HEREIN OR
PURSUANT TO LAW.
(B)
IF (I) THE NOTICE PROVIDED FOR IN SECTION 18(A) HEREOF SHALL HAVE BEEN
GIVEN AND THE TERM SHALL EXPIRE AS AFORESAID, OR (II) IF ANY EXECUTION OR
ATTACHMENT SHALL BE ISSUED AGAINST TENANT OR ANY OF TENANT'S PROPERTY WHEREUPON
THE PREMISES OR ANY PART THEREOF SHALL BE TAKEN OR OCCUPIED OR ATTEMPTED TO BE
TAKEN OR OCCUPIED BY SOMEONE OTHER THAN TENANT, THEN, AND IN ANY OF SUCH EVENTS,
LANDLORD MAY, UPON WRITTEN NOTICE RE-ENTER THE PREMISES AND DISPOSSESS TENANT
(OR THE LEGAL REPRESENTATIVE OF TENANT OR OTHER OCCUPANT OF THE PREMISES) BY
SUMMARY PROCEEDINGS OR OTHER LEGAL PROCESS AND REMOVE THEIR EFFECTS AND HOLD THE
PREMISES AS IF THIS LEASE HAD NOT BEEN MADE.
19.
Remedies Of Landlord.
(A)
IF THIS LEASE IS TERMINATED OR IF LANDLORD RE-ENTERS THE PREMISES UNDER
ARTICLE 18 HEREOF OR ANY OTHER SUCH DEFAULT PROVISION CONTAINED HEREIN, TENANT
SHALL PAY TO LANDLORD AS DAMAGES, AT THE ELECTION OF LANDLORD, SUMS EQUAL TO THE
BASE RENT AND ADDITIONAL RENT THAT WOULD HAVE BEEN PAYABLE BY TENANT THROUGH AND
INCLUDING THE EXPIRATION DATE HAD THIS LEASE NOT TERMINATED OR HAD LANDLORD NOT
RE-ENTERED THE PREMISES, PAYABLE UPON THE DUE DATES
16
THEREFOR SPECIFIED