RECOVERY OF ALL AMOUNTS THEN DUE HEREUNDER.
SUCH TERMINATION OF
POSSESSION SHALL NOT RELEASE TENANT, IN WHOLE OR IN PART, FROM TENANT'S
OBLIGATION TO PAY RENT HEREUNDER FOR THE FULL LEASE TERM, AND LANDLORD SHALL
HAVE THE RIGHT, FROM TIME TO TIME, TO RECOVER FROM TENANT, AND TENANT SHALL
REMAIN LIABLE FOR, ALL RENT ACCRUING AS IT BECOMES DUE UNDER THIS LEASE DURING
THE
21
PERIOD FROM THE DATE OF SUCH NOTICE OF TERMINATION OF POSSESSION TO THE STATED
END OF THE LEASE TERM.
IN ANY SUCH CASE, LANDLORD SHALL MAKE REASONABLE
EFFORTS, IN ACCORDANCE WITH SECTION 19E HEREOF, TO RELET THE PREMISES.
IN
ATTEMPTING TO RELET THE PREMISES, LANDLORD MAY MAKE REPAIRS, ALTERATIONS AND
ADDITIONS IN OR TO THE PREMISES AND REDECORATE THE SAME TO THE EXTENT REASONABLY
DEEMED BY LANDLORD NECESSARY OR DESIRABLE, AND TENANT UPON DEMAND SHALL PAY THE
REASONABLE COST OF ALL OF THE FOREGOING TOGETHER WITH LANDLORD'S REASONABLE
EXPENSES OF RELETTING.
THE RENTS FROM ANY SUCH RELETTING SHALL BE APPLIED FIRST
TO THE PAYMENT OF THE EXPENSES OF REENTRY, REDECORATION, REPAIR AND ALTERATIONS
AND THE EXPENSES OF RELETTING (INCLUDING REASONABLE ATTORNEYS' FEES AND BROKERS'
FEES AND COMMISSIONS) AND SECOND TO THE PAYMENT OF RENT HEREIN PROVIDED TO BE
PAID BY TENANT.
ANY EXCESS OR RESIDUE SHALL OPERATE ONLY AS AN OFFSETTING
CREDIT AGAINST THE AMOUNT OF RENT DUE AND OWING AS THE SAME THEREAFTER BECOMES
DUE AND PAYABLE HEREUNDER.
D.
IF THIS LEASE IS TERMINATED BY LANDLORD, LANDLORD SHALL BE
ENTITLED TO RECOVER FROM TENANT ALL RENT ACCRUED AND UNPAID FOR THE PERIOD UP TO
AND INCLUDING SUCH TERMINATION DATE, AS WELL AS ALL OTHER ADDITIONAL SUMS
PAYABLE BY TENANT, OR FOR WHICH TENANT IS LIABLE OR FOR WHICH TENANT HAS AGREED
TO INDEMNIFY LANDLORD, WHICH MAY BE THEN OWING AND UNPAID, AND ALL REASONABLE
COSTS AND EXPENSES, INCLUDING COURT COSTS AND REASONABLE ATTORNEYS' FEES
INCURRED BY LANDLORD IN THE ENFORCEMENT OF ITS RIGHTS AND REMEDIES HEREUNDER.
IN ADDITION, LANDLORD SHALL BE ENTITLED TO RECOVER AS DAMAGES FOR LOSS OF THE
BARGAIN AND NOT AS A PENALTY (1) THE AGGREGATE SUM WHICH AT THE TIME OF SUCH
TERMINATION REPRESENTS THE EXCESS, IF ANY, OF THE PRESENT VALUE OF THE AGGREGATE
RENT WHICH WOULD HAVE BEEN PAYABLE AFTER THE TERMINATION DATE HAD THIS LEASE NOT
BEEN TERMINATED, INCLUDING, WITHOUT LIMITATION, THE AMOUNT PROJECTED BY LANDLORD
TO REPRESENT ADDITIONAL RENT FOR THE REMAINDER OF THE LEASE TERM, OVER THE THEN
PRESENT VALUE OF THE THEN AGGREGATE FAIR RENT VALUE OF THE PREMISES FOR THE
BALANCE OF THE LEASE TERM, SUCH PRESENT WORTH TO BE COMPUTED IN EACH CASE ON THE
BASIS OF A TEN PERCENT (10%) PER ANNUM DISCOUNT FROM THE RESPECTIVE DATES UPON
WHICH SUCH RENT WOULD HAVE BEEN PAYABLE HEREUNDER HAD THIS LEASE NOT BEEN
TERMINATED, AND (2) ANY DAMAGES IN ADDITION THERETO, INCLUDING WITHOUT
LIMITATION REASONABLE ATTORNEYS' FEES AND COURT COSTS, WHICH LANDLORD SUSTAINS
AS A RESULT OF THE BREACH OF ANY OF THE COVENANTS OF THIS LEASE OTHER THAN FOR
THE PAYMENT