Tenant may sue for injunctive
relief or to recover damages for any loss resulting from the breach, but Tenant
shall not be entitled to terminate this Lease or withhold or abate any rent due
hereunder.
(D)
NON-WAIVER OF DEFAULTS.
THE FAILURE OR
DELAY BY EITHER PARTY HERETO TO ENFORCE OR EXERCISE AT ANY TIME ANY OF THE
RIGHTS OR REMEDIES OR OTHER PROVISIONS OF THIS LEASE SHALL NOT BE CONSTRUED TO
BE A WAIVER THEREOF, NOR AFFECT THE VALIDITY OF ANY PART OF THIS LEASE OR THE
RIGHT OF EITHER PARTY THEREAFTER TO ENFORCE EACH AND EVERY SUCH RIGHT OR REMEDY
OR OTHER PROVISIONS.
NO WAIVER OF ANY DEFAULT AND BREACH OF THIS LEASE SHALL BE
HELD TO BE A WAIVER OF ANY OTHER DEFAULT OF BREACH.
THE RECEIPT OF RENT BY
LANDLORD AT A TIME AFTER RENT IS DUE UNDER THIS LEASE SHALL NOT BE CONSTRUED AS
A WAIVER OF SUCH DEFAULT.
THE RECEIPT BY LANDLORD OF LESS THAN THE FULL RENT
DUE SHALL NOT BE CONSTRUED TO BE OTHER THAN A PAYMENT ON ACCOUNT OF RENT THEN
DUE, NOR SHALL ANY STATEMENT ON TENANT'S CHECK OR ANY LETTER ACCOMPANYING
TENANT'S CHECK BE DEEMED AN ACCORD AND SATISFACTION, AND LANDLORD MAY ACCEPT
SUCH PAYMENT WITHOUT PREJUDICE TO LANDLORD'S RIGHT TO RECOVER THE BALANCE OF THE
RENT DUE OR TO PURSUE ANY OTHER REMEDIES PROVIDED IN THIS LEASE.
NO ACT OR
OMISSION BY LANDLORD OR ITS EMPLOYEES OR AGENTS DURING THE TERM OF THIS LEASE
SHALL BE DEEMED AN ACCEPTANCE OF A SURRENDER OF THE PREMISES, AND NO AGREEMENT
TO ACCEPT SUCH A SURRENDER SHALL BE VALID UNLESS IN WRITING AND SIGNED BY
LANDLORD.
(E)
ATTORNEY'S FEES.
IF TENANT DEFAULTS IN THE
PERFORMANCE OR OBSERVANCE OF ANY OF THE TERMS, CONDITIONS, COVENANTS OR
OBLIGATIONS CONTAINED IN THIS LEASE AND LANDLORD PLACES THE ENFORCEMENT OF ALL
OR ANY PART OF THIS LEASE, THE COLLECTION OF ANY RENT DUE OR TO BECOME DUE OR
THE RECOVERY OF POSSESSION OF THE PREMISES IN THE HANDS OF AN ATTORNEY, OR IF
LANDLORD INCURS ANY FEES OR OUT-OF-POCKET COSTS IN ANY LITIGATION, NEGOTIATION
OR TRANSACTION IN WHICH TENANT CAUSES LANDLORD (WITHOUT LANDLORD'S FAULT) TO BE
INVOLVED OR CONCERNED, TENANT AGREES TO REIMBURSE LANDLORD FOR THE ATTORNEY'S
FEES AND COSTS INCURRED THEREBY, WHETHER OR NOT SUIT IS ACTUALLY FILED.
IF
LANDLORD DEFAULTS IN THE PERFORMANCE OR OBSERVANCE OF ANY OF THE TERMS,
CONDITIONS, COVENANTS OR OBLIGATIONS CONTAINED IN THIS LEASE TO BE PERFORMED BY
LANDLORD AND TENANT PREVAILS IN AN ACTION COMMENCED TO ENFORCE THIS LEASE,
LANDLORD AGREES TO REIMBURSE TENANT FOR TENANT'S REASONABLE ATTORNEYS' FEES AND
COSTS INCURRED THEREBY.
20.
BANKRUPTCY OR INSOLVENCY
It is understood and agreed that the following shall apply in the event of the
bankruptcy or insolvency of Tenant:
(A)
IF A PETITION IS FILED BY, OR AN ORDER FOR
RELIEF IS ENTERED AGAINST TENANT UNDER CHAPTER 7 OF THE BANKRUPTCY CODE AND THE
TRUSTEE OF TENANT ELECTS TO ASSUME THIS LEASE FOR THE PURPOSE OF ASSIGNING IT,
SUCH ELECTION OR