SHALL NOT BE CONSTRUED AS A WAIVER OF SUCH DEFAULT.
9.4.
LANDLORD'S EXPENSES.
IF LANDLORD IN ITS SOLE DISCRETION FINDS IT
NECESSARY TO ENGAGE CONSULTANTS OR TAKE ACTIONS IN ORDER TO ENFORCE LANDLORD'S
RIGHTS HEREUNDER, TENANT WILL REIMBURSE LANDLORD AS ADDITIONAL RENT FOR THE
REASONABLE EXPENSES INCURRED THEREBY, INCLUDING BUT NOT LIMITED TO COURT COSTS
AND REASONABLE ATTORNEYS' FEE.
9.5.
WAIVER OF RIGHT OF REDEMPTION.
TENANT HEREBY EXPRESSLY WAIVES ANY
AND ALL RIGHTS OF REDEMPTION CONFERRED BY LAW OR OTHERWISE.
10.
MISCELLANEOUS PROVISIONS.
10.1.
LANDLORD'S LIABILITY.
LANDLORD'S LIABILITY WITH RESPECT TO THE
LEASE SHALL BE LIMITED SOLELY TO LANDLORD'S INTEREST IN THE CENTER AS SUCH
INTEREST IS CONSTITUTED FROM TIME TO TIME, AND NEITHER LANDLORD NOR ANY EMPLOYEE
OR AGENT OF LANDLORD SHALL HAVE ANY PERSONAL LIABILITY WHATSOEVER.
THE TERM
"LANDLORD" AS USED IN THE LEASE MEANS ONLY THE OWNER OR MORTGAGEE IN POSSESSION
FOR THE TIME BEING OF THE CENTER SO THAT IN THE EVENT OF A SALE OF THE CENTER
AND THE ASSIGNMENT OF THE LEASE, THEN THE LANDLORD SHALL BE AND HEREBY IS
ENTIRELY FREED AND RELIEVED OF ALL OBLIGATIONS SUBSEQUENTLY ACCRUING.
10.2.
QUIET ENJOYMENT.
IF, AND SO LONG AS, TENANT PAYS THE MINIMUM
ANNUAL RENT AND ADDITIONAL RENT RESERVED HEREUNDER AND OBSERVES AND PERFORMS ALL
THE TERMS AND CONDITIONS ON TENANT'S PART TO BE OBSERVED AND PERFORMED
HEREUNDER, TENANT SHALL AND MAY PEACEABLY AND QUIETLY HAVE, HOLD AND ENJOY THE
DEMISED PREMISES FOR THE ENTIRE TERM HEREOF, SUBJECT TO ALL THE PROVISIONS OF
THE LEASE.
10.3.
FORCE MAJEURE.
IF LANDLORD IS DELAYED OR PREVENTED FROM PERFORMING
ANY OF ITS OBLIGATIONS UNDER THE LEASE BY REASON OF STRIKE OR LABOR TROUBLES OR
ANY CAUSE WHATSOEVER BEYOND LANDLORD'S CONTROL, THE PERIOD OF SUCH DELAY OR
PREVENTION SHALL BE DEEMED ADDED TO THE TIME HEREIN PROVIDED FOR THE PERFORMANCE
OF ANY SUCH OBLIGATION BY LANDLORD.
LANDLORD SHALL IN NO EVENT BE IN DEFAULT IN
THE PERFORMANCE OF ANY OF ITS OBLIGATIONS UNDER THE LEASE UNLESS AND
16
UNTIL LANDLORD SHALL HAVE FAILED TO PERFORM SUCH OBLIGATION WITHIN THIRTY (30)
DAYS OR SUCH ADDITIONAL TIME AS IS REASONABLY REQUIRED TO CORRECT ANY SUCH
DEFAULT, AFTER NOTICE BY TENANT TO LANDLORD PROPERLY SPECIFYING WHEREIN LANDLORD
HAS FAILED TO PERFORM ANY SUCH OBLIGATION.
10.4.
SECURITY DEPOSIT.
TENANT HAS DEPOSITED WITH LANDLORD AS SECURITY
FOR THE PERFORMANCE BY TENANT OF THE TERMS OF THE LEASE THE SUM SET FORTH IN
ARTICLE 1.5 HERETO.
LANDLORD MAY USE, APPLY OR RETAIN (WITHOUT LIABILITY FOR
INTEREST) DURING THE TERM THE WHOLE OR ANY PART OF THE SECURITY DEPOSIT SO
DEPOSITED TO THE EXTENT REQUIRED FOR THE PAYMENT OF ANY RENT OR OTHER SUM AS TO
WHICH TENANT MAY BE IN DEFAULT HEREUNDER OR FOR ANY SUM WHICH LANDLORD MAY
EXPEND BY REASON OF TENANT'S DEFAULT IN RESPECT OF ANY OF THE TERMS OF THE
LEASE.
PROVIDED TENANT SHALL COMPLY WITH ALL THE TERMS OF THE LEASE, SUCH
SECURITY DEPOSIT SHALL BE RETURNED TO TENANT, WITHOUT INTEREST, UPON TERMINATION
OF THE LEASE AND AFTER SURRENDER OF