LANDLORD ACKNOWLEDGES THAT PORTIONS OF THE PREMISES MAY FROM TIME TO
TIME BE DESIGNATED BY TENANT AS LOCKED AND/OR INACCESSIBLE TO PERSONS
UNAUTHORIZED BY TENANT (THE "SECURED AREAS") PROVIDED THEY ARE REASONABLY
DESIGNATED BY TENANT IN GOOD FAITH.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED IN THIS ARTICLE 16, LANDLORD THEREFORE AGREES THAT, EXCEPT IN CASES OF
EMERGENCY, LANDLORD'S RIGHT OF ACCESS TO THE SECURED AREAS SHALL BE RESTRICTED
SUBJECT TO THE FOLLOWING CONDITIONS: (I) TENANT SHALL DELIVER TO LANDLORD FLOOR
PLANS OR A REASONABLY DETAILED DESCRIPTION OF THE PREMISES DESIGNATING THE
SECURED AREAS AND (II) EXCEPT IN CASES OF EMERGENCY, ANY ACCESS TO THE SECURED
AREAS REQUESTED BY LANDLORD SHALL BE UPON NO LESS THAN TWENTY-FOUR (24) HOURS
NOTICE TO TENANT, WHICH NOTICE MAY BE ORAL, AND ACCOMPANIED BY A REPRESENTATIVE
OF TENANT, WHOM TENANT AGREES TO MAKE AVAILABLE.
17.
Bankruptcy.
(A)
IF, AT ANY TIME PRIOR TO THE COMMENCEMENT OF THE TERM, OR IF AT ANY TIME
DURING THE TERM, THERE SHALL BE FILED BY OR AGAINST TENANT IN ANY COURT,
PURSUANT TO ANY STATUTE, EITHER OF THE UNITED STATES OR OF ANY STATE, A PETITION
IN BANKRUPTCY OR INSOLVENCY OR FOR
14
REORGANIZATION OR FOR THE APPOINTMENT OF A RECEIVER OR TRUSTEE OF ALL OR A
PORTION OF TENANT'S PROPERTY, AND WITHIN ONE HUNDRED TWENTY (120) DAYS THEREOF
TENANT FAILS TO SECURE A DISCHARGE THEREOF, OR IF TENANT MAKES AN ASSIGNMENT FOR
THE BENEFIT OF CREDITORS OR PETITION FOR OR ENTERS INTO AN ARRANGEMENT, THIS
LEASE, AT THE OPTION OF LANDLORD, EXERCISED WITHIN A REASONABLE TIME AFTER
NOTICE OF THE HAPPENING OF ANY ONE OR MORE OF SUCH EVENTS, MAY BE CANCELED AND
TERMINATED, IN WHICH EVENT NEITHER TENANT NOR ANY PERSON CLAIMING THROUGH OR
UNDER TENANT BY VIRTUE OF ANY STATUTE OR OF AN ORDER OF ANY COURT, SHALL BE
ENTITLED TO POSSESSION OR TO REMAIN IN POSSESSION OF THE PREMISES BUT SHALL
FORTHWITH QUIT AND SURRENDER THE PREMISES, AND LANDLORD, IN ADDITION TO ANY
OTHER RIGHTS, MAY RETAIN ANY RENT, SECURITY DEPOSIT OR MONIES RECEIVED BY IT
FROM TENANT OR OTHERS IN BEHALF OF TENANT AS PARTIAL LIQUIDATED DAMAGES.
(B)
IN THE EVENT OF THE TERMINATION OF THIS LEASE PURSUANT TO SECTION 17(A)
HEREOF, LANDLORD SHALL FORTHWITH, NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS
LEASE TO THE CONTRARY, BE ENTITLED TO RECOVER FROM TENANT AS AND FOR LIQUIDATED
DAMAGES AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE RENT RESERVED HEREUNDER
FOR THE UNEXPIRED PORTION OF THE TERM AND THE THEN FAIR AND REASONABLE RENTAL
VALUE OF THE PREMISES FOR THE SAME PERIOD.
IN THE COMPUTATION OF SUCH DAMAGES,
THE DIFFERENCE BETWEEN ANY INSTALLMENT OF RENT BECOMING DUE HEREUNDER AFTER THE
DATE OF TERMINATION AND THE FAIR AND REASONABLE RENTAL VALUE OF THE PREMISES FOR
THE PERIOD FOR WHICH SUCH INSTALLMENT WAS PAYABLE SHALL BE DISCOUNTED TO THE
DATE OF TERMINATION AT THE RATE OF NINE PERCENT (9%) PER ANNUM.
IF THE
PREMISES, OR ANY PART THEREOF, BE RELET BY LANDLORD FOR THE UNEXPIRED TERM OF
THIS