RE-ENTERED THE DEMISED PREMISES.
NOTHING
HEREIN CONTAINED SHALL BE CONSTRUED TO LIMIT OR PRECLUDE RECOVERY BY LANDLORD
AGAINST TENANT OF ANY SUMS OR DAMAGES TO WHICH, IN ADDITION TO THE DAMAGES
PARTICULARLY PROVIDED ABOVE, LANDLORD MAY LAWFULLY BE ENTITLED BY REASON OF ANY
DEFAULT HEREUNDER ON THE PART OF TENANT.
NOTHING HEREIN CONTAINED SHALL BE
CONSTRUED TO LIMIT OR PREJUDICE THE RIGHT OF LANDLORD TO PROVE FOR AND OBTAIN AS
LIQUIDATED DAMAGES BY REASON OF THE TERMINATION OF THIS LEASE OR RE-ENTRY OF THE
DEMISED PREMISES FOR THE DEFAULT OF TENANT UNDER THIS LEASE, AN AMOUNT EQUAL TO
THE MAXIMUM ALLOWED BY ANY STATUTE OR RULE OF LAW IN EFFECT AT THE TIME WHEN,
AND GOVERNING THE PROCEEDINGS IN WHICH SUCH DAMAGES ARE TO BE PROVED WHETHER OR
NOT SUCH AMOUNT BE GREATER, EQUAL TO, OR LESS THAN ANY OF THE SUMS REFERRED TO
IN SECTION 18.01.
ARTICLE 19
LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS
19.01
IF TENANT SHALL DEFAULT IN THE OBSERVANCE OR PERFORMANCE OF
ANY TERM OR COVENANT ON TENANT'S PART TO BE OBSERVED OR PERFORMED UNDER OR BY
VIRTUE OF ANY OF THE TERMS OR PROVISIONS IN ANY ARTICLE OF THIS LEASE,
(A) LANDLORD MAY REMEDY SUCH DEFAULT FOR THE ACCOUNT OF TENANT, IMMEDIATELY AND
WITHOUT NOTICE IN CASE OF EMERGENCY WHICH POSES A THREAT OF DAMAGE TO PERSON OR
PROPERTY, OR IN ANY OTHER CASE ONLY PROVIDED THAT TENANT SHALL FAIL TO REMEDY
SUCH DEFAULT WITH ALL REASONABLE DISPATCH AFTER LANDLORD SHALL HAVE NOTIFIED
TENANT IN WRITING OF SUCH DEFAULT AND THE APPLICABLE GRACE PERIOD FOR CURING
SUCH DEFAULT SHALL HAVE EXPIRED; AND (B) IF LANDLORD MAKES ANY REASONABLE
EXPENDITURES OR INCURS ANY OBLIGATIONS FOR THE PAYMENT OF MONEY IN CONNECTION
WITH SUCH DEFAULT INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES IN
INSTITUTING, PROSECUTING OR DEFENDING ANY ACTION OR PROCEEDING, SUCH SUMS OR
OBLIGATIONS INCURRED, WITH INTEREST AT THE INTEREST RATE, SHALL BE DEEMED TO BE
ADDITIONAL RENT HEREUNDER AND SHALL BE PAID BY TENANT TO LANDLORD UPON RENDITION
OF A BILL TO TENANT THEREFOR.
ARTICLE 20
QUIET ENJOYMENT
20.01
LANDLORD COVENANTS AND AGREES THAT SUBJECT TO THE TERMS AND
PROVISIONS OF THIS LEASE, IF, AND SO LONG AS, TENANT KEEPS AND PERFORMS EACH AND
EVERY COVENANT, AGREEMENT, TERM,
33
PROVISION AND CONDITION HEREIN CONTAINED ON THE PART OR ON BEHALF OF TENANT TO
BE KEPT OR PERFORMED, THEN TENANT'S RIGHT UNDER THIS LEASE SHALL NOT BE CUT OFF
OR ENDED BEFORE THE EXPIRATION OF THE TERM OF THIS LEASE AND LANDLORD SHALL
DEFEND TENANT AGAINST ANY CLAIM OF SUPERIOR TITLE ARISING BY, FROM OR UNDER
LANDLORD, SUBJECT HOWEVER, TO:
(I) THE OBLIGATIONS OF THIS LEASE, AND (II) AS
PROVIDED IN ARTICLE 25 HEREOF WITH RESPECT TO GROUND AND UNDERLYING LEASES AND
MORTGAGES WHICH AFFECT THIS LEASE.
ARTICLE 21
SERVICES AND EQUIPMENT
21.01
LANDLORD SHALL, AT ITS COST AND EXPENSE:
(A)
PROVIDE OPERATING ELEVATOR FACILITIES ON BUSINESS DAYS (AS
HEREINAFTER DEFINED IN ARTICLE 22) DURING "REGULAR HOURS" (THAT IS BETWEEN THE
HOURS OF 8:00