TO LESSEE.
(B)
LESSOR MAY (I) DEMAND THAT LESSEE, AND LESSEE SHALL UPON THE
WRITTEN DEMAND OF LESSOR, RETURN THE PROPERTY PROMPTLY TO LESSOR IN THE MANNER
AND CONDITION REQUIRED BY, AND OTHERWISE IN ACCORDANCE WITH ALL OF THE
PROVISIONS OF, ARTICLE XIII AS IF THE PROPERTY WERE BEING RETURNED AT THE END OF
THE TERM, AND LESSOR SHALL NOT BE LIABLE FOR THE REIMBURSEMENT OF LESSEE FOR ANY
COSTS AND EXPENSES INCURRED BY LESSEE IN CONNECTION THEREWITH AND (II) WITHOUT
PREJUDICE TO ANY OTHER REMEDY WHICH LESSOR MAY HAVE FOR POSSESSION OF THE
PROPERTY, ENTER UPON THE PROPERTY AND TAKE IMMEDIATE POSSESSION OF (TO THE
EXCLUSION OF LESSEE) THE PROPERTY AND EXPEL OR REMOVE LESSEE AND ANY OTHER
PERSON WHO MAY BE OCCUPYING THE PROPERTY (SUBJECT TO THE TERMS OF ANY LESSOR
NONDISTURBANCE AGREEMENT), BY SUMMARY PROCEEDINGS OR OTHERWISE, ALL WITHOUT
LIABILITY TO LESSEE FOR OR BY REASON OF SUCH ENTRY OR TAKING OF POSSESSION,
WHETHER FOR THE RESTORATION OF DAMAGE TO PROPERTY CAUSED BY SUCH TAKING OR
OTHERWISE AND, IN ADDITION TO LESSOR'S OTHER DAMAGES, LESSEE SHALL BE
RESPONSIBLE FOR THE REASONABLE COSTS AND EXPENSES OF RELETTING, INCLUDING
BROKERS FEES AND THE COSTS OF ANY REPAIRS MADE BY LESSOR.
27
LESSEE, WHETHER OR NOT THE PROPERTY OR ANY PORTION THEREOF SHALL HAVE BEEN
RE-LET, SHALL BE LIABLE TO LESSOR FOR, AND SHALL PAY TO LESSOR, AS CURRENT
DAMAGES, THE RENT AND OTHER CHARGES PAYABLE HEREUNDER FOR THE REMAINDER OF THE
TERM, LESS THE NET PROCEEDS, IF ANY, OF ANY RE-LETTING OF THE PROPERTY, AFTER
DEDUCTING ALL REASONABLE EXPENSES IN CONNECTION WITH SUCH RE-LETTING, INCLUDING
(IN EACH CASE TO THE EXTENT REASONABLE AND RELATED TO SUCH RE-LETTING) ALL
REPOSSESSION COSTS, BROKERAGE COMMISSIONS, LEGAL EXPENSES, ATTORNEYS' FEES,
ADVERTISING COSTS, EXPENSES OF EMPLOYEES, ALTERATION COSTS AND EXPENSES OF
PREPARATION FOR SUCH RE-LETTING (EXCEPT TO THE EXTENT OTHERWISE PAID BY
LESSEE).
LESSEE SHALL PAY SUCH CURRENT DAMAGES TO LESSOR MONTHLY ON THE DAYS ON
WHICH THE BASE NET RENT WOULD HAVE BEEN PAYABLE HEREUNDER IF THIS LEASE HAD NOT
BEEN TERMINATED.
UPON LESSOR'S REPOSSESSION OF THE PROPERTY, LESSOR SHALL USE
REASONABLE EFFORTS TO MITIGATE ITS DAMAGES BY RE-LETTING THE PROPERTY AND,
WITHOUT LIMITATION OF THE FOREGOING, SHALL CONSIDER IN GOOD FAITH RE-LETTING
OPPORTUNITIES PRESENTED TO LESSOR BY OR ON BEHALF OF LESSEE OR THIRD PARTIES.
(C)
LESSOR MAY, WHETHER OR NOT LESSOR SHALL HAVE EXERCISED OR SHALL
THEREAFTER AT ANY TIME EXERCISE ANY OF ITS RIGHTS UNDER SECTION 19.2(B), DEMAND,
BY WRITTEN NOTICE TO LESSEE SPECIFYING A DATE (THE "FINAL PAYMENT DATE") NOT
EARLIER THAN TWENTY (20) DAYS AFTER THE DATE OF SUCH NOTICE, THAT LESSEE PAY TO
LESSOR, AND LESSEE SHALL PAY TO LESSOR, ON THE FINAL PAYMENT DATE, AS LIQUIDATED
DAMAGES FOR LOSS OF A BARGAIN AND NOT AS A PENALTY (THE PARTIES AGREEING THAT
LESSOR'S ACTUAL DAMAGES WOULD BE DIFFICULT TO PREDICT, BUT THE AFOREMENTIONED
LIQUIDATED DAMAGES REPRESENT A REASONABLE APPROXIMATION OF SUCH AMOUNT), IN LIEU
OF BASE NET RENT DUE ON AND AFTER THE FINAL PAYMENT DATE,