THE REMEDIES
SET FORTH IN THIS
47
ARTICLE 12, AND THE BENEFIT OF ANY LAWS NOW OR HEREAFTER IN FORCE EXEMPTING
PROPERTY FROM LIABILITY FOR RENT OR FOR DEBT.
12.4
APPLICATION OF FUNDS.
ANY PAYMENTS RECEIVED BY LANDLORD UNDER ANY
OF THE PROVISIONS OF THIS AGREEMENT DURING THE EXISTENCE OR CONTINUANCE OF ANY
EVENT OF DEFAULT (AND ANY PAYMENT MADE TO LANDLORD RATHER THAN TENANT DUE TO THE
EXISTENCE OF ANY EVENT OF DEFAULT) SHALL BE APPLIED TO TENANT'S CURRENT AND PAST
DUE OBLIGATIONS UNDER THIS AGREEMENT IN SUCH ORDER AS LANDLORD MAY DETERMINE OR
AS MAY BE PRESCRIBED BY THE LAWS OF THE STATE.
ANY BALANCE SHALL BE PAID TO
TENANT.
12.5
LANDLORD'S RIGHT TO CURE TENANT'S DEFAULT.
IF AN EVENT OF DEFAULT
SHALL HAVE OCCURRED AND BE CONTINUING, LANDLORD, AFTER WRITTEN NOTICE TO TENANT
(PROVIDED THAT NO SUCH NOTICE SHALL BE REQUIRED IF LANDLORD SHALL REASONABLY
DETERMINE IMMEDIATE ACTION IS NECESSARY TO PROTECT PERSON OR PROPERTY), WITHOUT
WAIVING OR RELEASING ANY OBLIGATION OF TENANT AND WITHOUT WAIVING OR RELEASING
ANY EVENT OF DEFAULT, MAY (BUT SHALL NOT BE OBLIGATED TO), AT ANY TIME
THEREAFTER, MAKE SUCH PAYMENT OR PERFORM SUCH ACT FOR THE ACCOUNT AND AT THE
EXPENSE OF TENANT, AND MAY, TO THE EXTENT PERMITTED BY LAW, ENTER UPON THE
LEASED PROPERTY, OR ANY PORTION THEREOF, FOR SUCH PURPOSE AND TAKE ALL SUCH
ACTION THEREON AS, IN LANDLORD'S OPINION, MAY BE NECESSARY OR APPROPRIATE
THEREFOR, INCLUDING THE MANAGEMENT OF ANY FACILITY BY LANDLORD OR ITS DESIGNEE,
AND TENANT HEREBY IRREVOCABLY APPOINTS, IN THE EVENT OF SUCH ELECTION BY
LANDLORD, LANDLORD OR ITS DESIGNEE AS MANAGER OF ANY SUCH FACILITY AND ITS
ATTORNEY IN FACT FOR SUCH PURPOSE, IRREVOCABLY AND COUPLED WITH AN INTEREST IN
THE NAME AND STEAD OF TENANT.
ALL COSTS AND EXPENSES (INCLUDING, WITHOUT
LIMITATION, REASONABLE ATTORNEYS' FEES) INCURRED BY LANDLORD IN CONNECTION
THEREWITH, TOGETHER WITH INTEREST THEREON (TO THE EXTENT PERMITTED BY LAW) AT
THE OVERDUE RATE FROM THE DATE SUCH SUMS ARE PAID BY LANDLORD UNTIL REPAID,
SHALL BE PAID BY TENANT TO LANDLORD, ON DEMAND.
12.6
TRADE NAMES.
IF THIS AGREEMENT IS TERMINATED WITH RESPECT TO ANY
PROPERTY FOR ANY REASON, LANDLORD SHALL, UPON THE REQUEST OF TENANT, CAUSE THE
NAME OF THE BUSINESS CONDUCTED UPON SUCH PROPERTY TO BE CHANGED TO A NAME OTHER
THAN A FACILITY TRADE NAME OR ANY APPROXIMATION OR ABBREVIATION THEREOF AND
SUFFICIENTLY DISSIMILAR TO SUCH NAME AS TO BE UNLIKELY TO CAUSE CONFUSION WITH
SUCH NAME; PROVIDED, HOWEVER, THAT TENANT SHALL NOT THEREAFTER USE A FACILITY
TRADE NAME IN THE SAME MARKET IN WHICH SUCH PROPERTY IS LOCATED IN CONNECTION
WITH ANY BUSINESS THAT COMPETES WITH SUCH PROPERTY OR THE FACILITY LOCATED
THEREON.
48
ARTICLE 13
HOLDING OVER
Any holding over by Tenant after the expiration or sooner termination of this
Agreement shall be treated as a daily tenancy at sufferance at a rate equal to
two (2) times the Minimum Rent and other charges herein provided (prorated on a
daily basis).
Tenant shall