from the total determined under subparagraphs (A), (B) and (C)
all Rent and all other Additional Rent to the extent determinable as aforesaid,
(to the extent that like charges would have been payable by Tenant) which
Landlord receives from other tenant(s) by reason of the leasing of the Premises
or part during or attributable to any period falling within the
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otherwise remainder of the Term.
Landlord shall not be entitled to a windfall
in the event Landlord collected accelerated rent and then is able to relet the
Premises.
(II)
THE DAMAGE SUMS PAYABLE BY TENANT UNDER THE PRECEDING PROVISIONS
OF THIS PARAGRAPH (D) SHALL BE PAYABLE ON DEMAND FROM TIME TO TIME AS THE
AMOUNTS ARE DETERMINED; AND IF FROM LANDLORD'S SUBSEQUENT RECEIPT OF RENT AS
AFORESAID FROM RELETTING, THERE BE ANY EXCESS PAYMENT(S) BY TENANT BY REASON OF
THE CREDITING OF SUCH RENT THEREAFTER RECEIVED, THE EXCESS PAYMENT(S) SHALL BE
PROMPTLY REFUNDED BY LANDLORD TO TENANT, WITHOUT INTEREST.
(III)
LANDLORD MAY ENFORCE THE PROVISIONS OF THIS LEASE AND MAY ENFORCE
AND PROTECT THE RIGHTS OF LANDLORD HEREUNDER BY A SUIT OR SUITS IN EQUITY OR AT
LAW FOR THE SPECIFIC PERFORMANCE OF ANY COVENANT OR AGREEMENT CONTAINED HEREIN,
AND FOR THE ENFORCEMENT OF ANY OTHER APPROPRIATE LEGAL OR EQUITABLE REMEDY,
INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF, AND FOR RECOVERY OF ALL MONEYS
DUE OR TO BECOME DUE FROM TENANT UNDER ANY OF THE PROVISIONS OF THIS LEASE.
(F)
LANDLORD'S RIGHT TO CURE.
WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, IF TENANT SHALL BE IN DEFAULT IN THE PERFORMANCE OF ANY OF ITS
OBLIGATIONS HEREUNDER, LANDLORD, WITHOUT BEING REQUIRED TO GIVE TENANT ANY
NOTICE OR OPPORTUNITY TO CURE, MAY (BUT SHALL NOT BE OBLIGATED TO DO SO), IN
ADDITION TO ANY OTHER RIGHTS IT MAY HAVE IN LAW OR IN EQUITY, CURE SUCH DEFAULT
ON BEHALF OF TENANT, AND TENANT SHALL REIMBURSE LANDLORD UPON DEMAND FOR ANY
SUMS PAID OR COSTS INCURRED BY LANDLORD IN CURING SUCH DEFAULT, INCLUDING
REASONABLE ATTORNEYS' FEES AND OTHER LEGAL EXPENSES, TOGETHER WITH INTEREST AT
10% PER ANNUM RATE FROM THE DATES OF LANDLORD'S INCURRING OF COSTS OR EXPENSES.
(G)
LANDLORD'S STATUTORY RIGHTS.
LANDLORD SHALL HAVE ALL RIGHTS AND
REMEDIES NOW OR HEREAFTER EXISTING AT LAW WITH RESPECT TO THE ENFORCEMENT OF
TENANT'S OBLIGATIONS HEREUNDER AND THE RECOVERY OF THE PREMISES.
NO RIGHT OR
REMEDY HEREIN CONFERRED UPON OR RESERVED TO LANDLORD SHALL BE EXCLUSIVE OF ANY
OTHER RIGHT OR REMEDY, BUT SHALL BE CUMULATIVE AND IN ADDITION TO ALL OTHER
RIGHTS AND REMEDIES GIVEN HEREUNDER OR NOW OR HEREAFTER EXISTING AT LAW.
LANDLORD SHALL BE ENTITLED TO SEEK INJUNCTIVE RELIEF IN CASE OF THE VIOLATION,
OR ATTEMPTED OR THREATENED VIOLATION, OF ANY COVENANT, AGREEMENT, CONDITION OR
PROVISION OF THIS LEASE, OR TO SEEK A DECREE COMPELLING PERFORMANCE OF ANY
COVENANT, AGREEMENT, CONDITION OR PROVISION OF THIS LEASE.
(H)
REMEDIES NOT LIMITED.
NOTHING HEREIN CONTAINED SHALL LIMIT OR
PREJUDICE THE RIGHT OF LANDLORD TO EXERCISE ANY OR ALL RIGHTS AND REMEDIES
AVAILABLE TO LANDLORD