SUCH DEFAULT SHALL CONTINUE FOR 24 HOURS AFTER NOTICE THEREOF FROM TENANT TO
LANDLORD), THEN TENANT, WITHOUT THEREBY WAIVING SUCH DEFAULT (AND WITHOUT
LIMITING ANY OTHER RIGHT OR REMEDY IT MIGHT HAVE ON ACCOUNT THEREOF, IN LAW OR
IN EQUITY), MAY (BUT SHALL NOT BE OBLIGATED TO) PERFORM SUCH OBLIGATION FOR THE
ACCOUNT, AND AT THE EXPENSE, OF LANDLORD. IN ANY SUCH EVENT, LANDLORD, WITHIN
THIRTY (30) DAYS AFTER TENANT'S DELIVERY OF AN INVOICE THEREFOR (TOGETHER WITH
REASONABLE SUPPORTING DOCUMENTATION), SHALL REIMBURSE TENANT FOR ANY REASONABLE
OUT-OF-POCKET EXPENSES INCURRED BY TENANT (INCLUDING REASONABLE ATTORNEYS' FEES)
IN CONNECTION WITH TENANT'S PERFORMANCE OF ANY SUCH OBLIGATION FOR THE ACCOUNT
OF LANDLORD PURSUANT TO THIS SECTION 13.1(B), TOGETHER WITH INTEREST THEREON, AT
THE APPLICABLE RATE, FROM THE DATE THAT SUCH EXPENSES WERE INCURRED BY TENANT TO
THE DATE THAT THE SAME ARE REIMBURSED TO TENANT BY LANDLORD.
(C)
THE EXERCISE BY TENANT OF ANY ONE OR MORE OF THE RIGHTS AND
REMEDIES PROVIDED IN THIS LEASE SHALL NOT PREVENT THE SUBSEQUENT EXERCISE BY
TENANT OF ANY ONE OR MORE OF THE OTHER RIGHTS AND REMEDIES HEREIN PROVIDED OR
OTHERWISE PERMITTED AT LAW OR IN EQUITY.
EXCEPT AS OTHERWISE PROVIDED IN THIS
LEASE, REMEDIES PROVIDED FOR IN THIS LEASE ARE CUMULATIVE AND MAY, AT THE
ELECTION OF TENANT, BE EXERCISED ALTERNATIVELY, SUCCESSIVELY, OR IN ANY OTHER
MANNER, AND ARE IN ADDITION TO ANY OTHER RIGHTS PROVIDED FOR OR ALLOWED BY LAW
OR IN EQUITY, INCLUDING THE RIGHT TO CLAIM THAT TENANT HAS BEEN CONSTRUCTIVELY
EVICTED.
13.2
Offset Rights
If (i) Landlord shall default in the payment of any monetary sum to Tenant when
due (including any sums due and owing to Tenant pursuant to the provisions of
Section 13.1(b) hereof), and (ii) such default shall thereafter become a
Landlord Event of Default hereunder, then Tenant, without thereby waiving such
default (and without limiting any other right or remedy it might have on account
thereof, in law or in equity), may, at any time thereafter (if, and to the
extent that, such sums remain unpaid), set-off the amount of such sums against
any installments of Rent thereafter becoming due and payable to Landlord
pursuant to the provisions of this Lease.
106
ARTICLE XIV
MISCELLANEOUS
14.1
Notices
Any notice or other communications required or permitted to be given under this
Lease (each, a "notice") must be in writing and shall be sent to all Notice
Parties (i.e., notices sent by Landlord shall be sent to all Tenant's Notice
Parties, and notices sent by Tenant shall be sent to all Landlord's Notice
Parties), and sent (i) by certified United States Mail, return receipt
requested, or (ii) by Federal Express or other nationally recognized overnight
courier service.
Any notice shall be deemed given upon receipt or refusal
thereof. Either party shall have the right to change its Notice Parties (by
addition and/or subtraction), and/or the addresses thereof, and/or the party to
whose attention a notice thereto shall be directed, by giving the other party
notice thereof in