UPON DEFAULT.
IN THE EVENT OF ANY DEFAULT BY
TENANT UNDER THIS LEASE, THE LANDLORD SHALL BE ENTITLED, AT ITS OPTION AND
SUBJECT TO ANY APPLICABLE NOTICE AND CURE PERIOD (AS REQUIRED PURSUANT TO
SECTION 21.2, BUT WITHOUT ADDITIONAL NOTICE OR DEMAND) AND IN ADDITION TO ALL
OTHER RIGHTS AND REMEDIES PROVIDED IN THIS LEASE, OR OTHERWISE AT LAW OR IN
EQUITY: (A) TERMINATE THIS LEASE AND TENANT'S RIGHT OF POSSESSION OF THE
PREMISES; OR (B) LANDLORD MAY TERMINATE TENANT'S RIGHT OF POSSESSION OF THE
PREMISES WITHOUT TERMINATING THIS LEASE; PROVIDED, HOWEVER, THAT LANDLORD SHALL
USE ITS REASONABLE EFFORTS, WHETHER LANDLORD ELECTS TO PROCEED UNDER SUBSECTIONS
(A) OR (B) ABOVE, TO RELET THE PREMISES, OR ANY PART THEREOF FOR THE ACCOUNT OF
TENANT, FOR SUCH RENT AND TERM AND UPON SUCH TERMS AND CONDITIONS AS ARE
ACCEPTABLE TO LANDLORD; CONSISTENT WITH LANDLORD'S STATUTORY DUTY TO USE
REASONABLE EFFORTS TO MITIGATE DAMAGES.
IN THE EVENT OF THE TERMINATION OF THIS
LEASE PURSUANT TO (A) ABOVE, LANDLORD SHALL BE ENTITLED TO RECOVER FROM THE
DEFAULTING PARTY (I) ALL DAMAGES AND OTHER SUMS THAT LANDLORD
IS ENTITLED TO
RECOVER UNDER ANY PROVISION OF THIS LEASE OR AT LAW OR IN EQUITY, INCLUDING, BUT
NOT LIMITED TO, IN LANDLORD'S CASE, ALL FIXED DOLLAR AMOUNTS OF BASE RENT AND
ADDITIONAL RENT ACCRUED AND UNPAID FOR THE PERIOD UP TO AND INCLUDING SUCH
TERMINATION DATE (II) ALL OTHER ADDITIONAL SUMS PAYABLE BY TENANT OR LOST BY
TENANT, OR FOR WHICH THE OTHER PARTY IS LIABLE, OR IN RESPECT OF WHICH ONE PARTY
HAS AGREED TO INDEMNIFY THE OTHER UNDER ANY OF THE PROVISIONS OF THIS LEASE,
THAT MAY BE THEN OWING AND UNPAID; (III) ALL COSTS AND EXPENSES (INCLUDING,
WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' REASONABLE FEES) INCURRED BY THE
NON-DEFAULTING PARTY IN THE ENFORCEMENT OF ITS RIGHTS AND REMEDIES UNDER THIS
LEASE; AND (IV) ANY DAMAGES PROVABLE BY LANDLORD AS A MATTER OF LAW INCLUDING,
WITHOUT LIMITATION, AN AMOUNT EQUAL TO, IN LANDLORD'S CASE, THE BASE RENT
PROVIDED TO BE PAID FOR THE REMAINDER OF THE TERM (MEASURED FROM THE EFFECTIVE
TERMINATION DATE OF THIS LEASE) AND THE PROJECTED COSTS AND EXPENSES OF
RELETTING THE PREMISES (INCLUDING THE ANTICIPATED COSTS OF REPAIRS, ALTERATIONS,
IMPROVEMENTS, ADDITIONS, LEGAL FEES AND BROKERAGE COMMISSIONS) AS REASONABLY
ESTIMATED BY LANDLORD.
IF LANDLORD ELECTS TO PURSUE ITS RIGHTS AND REMEDIES
UNDER SUBSECTION (B) ABOVE, AND LANDLORD FAILS TO RELET THE PREMISES, THEN
TENANT SHALL PAY TO LANDLORD
THE ACCELERATED AMOUNT OF BASE RENT AND ADDITIONAL
RENT DUE UNDER THE LEASE FOR THE BALANCE OF THE TERM, DISCOUNTED AT A RATE OF 6%
PER ANNUM.
IN THE EVENT LANDLORD ELECTS, PURSUANT TO CLAUSE (B) OF THIS SECTION
22.2, TO TERMINATE TENANT'S RIGHT OF POSSESSION ONLY, WITHOUT TERMINATING THIS
LEASE, LANDLORD MAY, AT LANDLORD'S OPTION, ENTER INTO THE PREMISES, REMOVE
TENANT'S PROPERTY, TENANT'S SIGNS AND OTHER EVIDENCES OF TENANCY, AND TAKE AND
HOLD POSSESSION THEREOF, AS PROVIDED IN SECTION 20 HEREOF; PROVIDED, HOWEVER,
THAT SUCH ENTRY AND POSSESSION SHALL NOT TERMINATE THIS LEASE