from the fifth
(5th) day after the date due until paid.
(C)
REMEDIES. UPON THE OCCURRENCE OF A DEFAULT, LANDLORD, AT ITS
OPTION, WITHOUT FURTHER NOTICE OR DEMAND TO TENANT, SHALL HAVE IN ADDITION TO
ALL OTHER RIGHTS AND REMEDIES PROVIDED IN THIS LEASE, AT LAW OR IN EQUITY, THE
OPTION TO PURSUE ANY ONE OR MORE OF THE FOLLOWING REMEDIES, EACH AND ALL OF
WHICH SHALL BE CUMULATIVE AND NONEXCLUSIVE, WITHOUT ANY NOTICE OR DEMAND
WHATSOEVER.
(I)
TERMINATE THIS LEASE, OR AT LANDLORD'S OPTION, TENANT'S RIGHT TO
POSSESSION ONLY, IN WHICH EVENT TENANT SHALL IMMEDIATELY SURRENDER THE PREMISES
TO LANDLORD, AND IF TENANT FAILS TO DO SO, LANDLORD MAY, WITHOUT PREJUDICE TO
ANY OTHER REMEDY WHICH IT MAY HAVE FOR POSSESSION OR ARREARAGES IN RENT, ENTER
UPON AND TAKE POSSESSION OF THE PREMISES AND EXPEL OR REMOVE TENANT AND ANY
OTHER PERSON WHO MAY BE OCCUPYING THE PREMISES OR ANY PART THEREOF, WITHOUT
BEING LIABLE FOR PROSECUTION OR ANY CLAIM OR DAMAGES THEREFOR;
(II)
UPON ANY TERMINATION OF THIS LEASE, WHETHER PURSUANT TO THE
FOREGOING SECTION 21(C)(I) OR OTHERWISE, LANDLORD MAY RECOVER FROM TENANT THE
FOLLOWING:
(A)
THE WORTH AT THE TIME OF AWARD OF ANY UNPAID RENT WHICH HAS BEEN
EARNED AT THE TIME OF SUCH TERMINATION; PLUS
(B)
THE WORTH AT THE TIME OF AWARD OF THE AMOUNT BY WHICH THE UNPAID
RENT WHICH WOULD HAVE BEEN EARNED AFTER TERMINATION UNTIL THE TIME OF AWARD
EXCEEDS THE AMOUNT OF SUCH RENTAL LOSS THAT TENANT PROVES COULD HAVE BEEN
REASONABLY AVOIDED; PLUS
(C)
THE WORTH AT THE TIME OF AWARD OF THE AMOUNT BY WHICH THE UNPAID
RENT FOR THE BALANCE OF THE TERM AFTER THE TIME OF AWARD EXCEEDS THE AMOUNT OF
SUCH RENTAL LOSS THAT TENANT PROVES COULD HAVE BEEN REASONABLY AVOIDED; PLUS
(D)
ANY OTHER AMOUNT NECESSARY TO COMPENSATE LANDLORD FOR ALL THE
DETRIMENT PROXIMATELY CAUSED BY TENANT'S FAILURE TO PERFORM ITS OBLIGATIONS
UNDER THIS LEASE OR WHICH IN THE ORDINARY COURSE OF THINGS WOULD BE LIKELY TO
RESULT THEREFROM, SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, BROKERAGE
COMMISSIONS AND ADVERTISING EXPENSES INCURRED, EXPENSES OF REMODELING THE
PREMISES OR ANY PORTION THEREOF FOR A NEW TENANT, WHETHER FOR THE SAME OR A
DIFFERENT USE, AND ANY SPECIAL CONCESSIONS MADE TO OBTAIN A NEW TENANT; AND
(E)
AT LANDLORD'S ELECTION, SUCH OTHER AMOUNTS IN ADDITION TO OR IN
LIEU OF THE FOREGOING AS MAY BE PERMITTED FROM TIME TO TIME BY APPLICABLE LAW.
The term "rent" as used in this Section 21 shall be deemed to be and to mean all
sums of every nature required to be paid by Tenant pursuant to the terms of this
Lease, whether to Landlord or to others. As used in Sections 21(c)(ii) (A) and
(B), above, the "worth at the time of award" shall be computed by allowing
interest at the Default Rate. As used in Section 21(c)(ii)(C) above, the "worth
at the time of award" shall be computed by discounting such amount at the
discount rate of the Federal