HEREIN CONTAINED.
FORBEARANCE BY LANDLORD OR TENANT IN ENFORCEMENT OF
ONE OR MORE OF THE REMEDIES HEREIN PROVIDED UPON AN EVENT OF DEFAULT SHALL NOT
BE DEEMED OR CONSTRUED TO CONSTITUTE A WAIVER OF SUCH DEFAULT.
THE ACCEPTANCE
OF ANY RENT HEREUNDER BY LANDLORD FOLLOWING THE OCCURRENCE OF ANY DEFAULT,
WHETHER OR NOT KNOWN TO LANDLORD, SHALL NOT BE DEEMED A WAIVER OF ANY SUCH
DEFAULT, EXCEPT ONLY A DEFAULT IN THE PAYMENT OF THE RENT SO ACCEPTED.
NOTHING
HEREIN SHALL BE DEEMED TO CONSTITUTE A WAIVER OF TENANT'S EQUITABLE RIGHT TO
REDEEM, BY ORDER OR JUDGMENT OF ANY COURT, TENANT'S RIGHT OF OCCUPANCY OF THE
PREMISES AFTER ANY TERMINATION OF THIS LEASE.
19.6
EFFORTS TO RELET.
FOR THE PURPOSES OF THIS ARTICLE 19, TENANT'S
RIGHT TO POSSESSION SHALL NOT BE DEEMED TO HAVE BEEN TERMINATED BY EFFORTS OF
LANDLORD TO RELET THE PREMISES, BY ITS ACTS OF MAINTENANCE OR PRESERVATION WITH
RESPECT TO THE PREMISES, OR BY APPOINTMENT OF A RECEIVER TO PROTECT LANDLORD'S
INTERESTS HEREUNDER.
IF LANDLORD ELECTS TO TERMINATE THIS LEASE PURSUANT TO
SECTION 19.2.1 ABOVE FOLLOWING TENANT'S DEFAULT, LANDLORD SHALL USE COMMERCIALLY
REASONABLE EFFORTS TO MITIGATE ITS DAMAGES TO THE EXTENT REQUIRED BY APPLICABLE
LAWS.
THE FOREGOING ENUMERATION IS NOT EXHAUSTIVE, BUT MERELY ILLUSTRATIVE OF
ACTS WHICH MAY BE PERFORMED BY LANDLORD WITHOUT TERMINATING TENANT'S RIGHT TO
POSSESSION.
19.7
LANDLORD'S DEFAULT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY SET
FORTH IN THIS LEASE, LANDLORD SHALL BE IN DEFAULT IN THE PERFORMANCE OF ANY
OBLIGATION REQUIRED TO BE PERFORMED BY LANDLORD PURSUANT TO THIS LEASE IF (I) IN
THE EVENT A FAILURE BY LANDLORD IS WITH RESPECT TO THE PAYMENT OF MONEY,
LANDLORD FAILS TO PAY SUCH UNPAID AMOUNTS WITHIN TEN (10) BUSINESS DAYS OF
NOTICE FROM TENANT THAT THE SAME WAS NOT PAID WHEN DUE, OR (II) IN THE EVENT A
FAILURE BY LANDLORD IS OTHER THAN (I) ABOVE, LANDLORD FAILS TO PERFORM SUCH
OBLIGATION WITHIN THIRTY (30) DAYS AFTER THE RECEIPT OF NOTICE FROM TENANT
SPECIFYING IN DETAIL LANDLORD'S FAILURE TO PERFORM; PROVIDED, HOWEVER, IF THE
NATURE OF LANDLORD'S OBLIGATION IS SUCH THAT MORE THAN THIRTY (30) DAYS ARE
REASONABLY REQUIRED FOR ITS PERFORMANCE, THEN LANDLORD SHALL NOT BE IN DEFAULT
UNDER THIS LEASE IF LANDLORD COMMENCES SUCH PERFORMANCE WITHIN SUCH THIRTY (30)
DAY PERIOD AND THEREAFTER DILIGENTLY PURSUES THE SAME TO COMPLETION.
UPON ANY
SUCH DEFAULT BY LANDLORD UNDER THIS LEASE, TENANT MAY, EXCEPT AS OTHERWISE
SPECIFICALLY PROVIDED IN THIS LEASE TO THE CONTRARY, EXERCISE ANY OF
49
ITS RIGHTS PROVIDED AT LAW OR IN EQUITY (PROVIDED, HOWEVER, IN NO EVENT SHALL
LANDLORD BE LIABLE TO TENANT FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER
CONSEQUENTIAL DAMAGES).
ARTICLE 20
COVENANT OF QUIET ENJOYMENT
Landlord covenants that Tenant, so long as Tenant is not in default under this
Lease and any applicable notice of such default has been delivered and any
applicable cure period has expired, shall, during the Lease Term, peaceably and
quietly have, hold and enjoy the Premises subject to the terms, covenants,
conditions,