TERMINATE TENANT'S RIGHT TO POSSESSION
OF THE PREMISES BY ANY LAWFUL MEANS, IN WHICH CASE THIS LEASE AND THE TERM
HEREOF SHALL TERMINATE AND TENANT SHALL IMMEDIATELY SURRENDER POSSESSION OF THE
PREMISES TO LANDLORD; AND TENANT COVENANTS THAT IN CASE OF SUCH TERMINATION,
TENANT SHALL PAY ANY AMOUNT OF BASE RENT THAT WAS INITIALLY WAIVED BY LANDLORD
UNDER SECTION 4.1, AND OTHERWISE PAY THE RENT, ADDITIONAL CHARGES AND OTHER SUMS
PAYABLE HEREUNDER (INCLUDING, WITHOUT LIMITATION, TENANT'S SHARE OF OPERATING
EXPENSES INCREASES AND TENANT'S SHARE OF REAL PROPERTY TAX INCREASES) UP TO THE
TIME OF SUCH TERMINATION. THEREAFTER, TENANT SHALL CONTINUE TO PAY ALL SUCH
AMOUNTS UNTIL THE END OF WHAT WOULD HAVE BEEN THE EXPIRATION DATE IN THE ABSENCE
OF SUCH TERMINATION, WHICH SHALL BE REDUCED BY THE NET RECEIPTS (IF ANY, AFTER
DEDUCTING ALL EXPENSES OF RELETTING) ACTUALLY RECEIVED BY LANDLORD FROM ANY
REPLACEMENT TENANT. AT ANY TIME AFTER SUCH TERMINATION, LANDLORD MAY ELECT TO
RECOVER FROM TENANT, IN LIEU OF ALL OTHER RENT SO PAYABLE BY TENANT HEREUNDER, A
LUMP SUM EQUAL TO THE THEN NET PRESENT VALUE (COMPUTED USING AN INTEREST RATE
EQUAL TO THE DISCOUNT RATE OF THE FEDERAL RESERVE BANK OF BOSTON) OF THE AMOUNT
BY WHICH (X) THE UNPAID RENT AND ALL ADDITIONAL CHARGES THAT WOULD HAVE BEEN
PAYABLE HEREUNDER FROM THE DATE OF SUCH ELECTION FOR WHAT WOULD HAVE BEEN THE
REMAINDER OF THE TERM OF THIS LEASE
39
(INCLUDING, WITHOUT LIMITATION, TENANT'S SHARE OF OPERATING EXPENSES INCREASES
AND TENANT'S SHARE OF REAL PROPERTY TAX INCREASES) EXCEEDS (Y) THE FAIR MARKET
RENTAL VALUE OF THE PREMISES AS OF THE DATE OF SUCH ELECTION. IN ADDITION TENANT
SHALL BE RESPONSIBLE FOR AND PAY ON DEMAND ANY OTHER AMOUNT NECESSARY TO
COMPENSATE LANDLORD FOR ALL DETRIMENT PROXIMATELY CAUSED BY TENANT'S FAILURE TO
PERFORM ITS OBLIGATIONS UNDER THE LEASE OR WHICH IN THE ORDINARY COURSE OF
THINGS WOULD BE LIKELY TO RESULT THEREFROM, INCLUDING, BUT NOT LIMITED TO, THE
COST OF RECOVERING POSSESSION OF THE PREMISES, EXPENSES OF RELEASING, INCLUDING
NECESSARY RENOVATION AND ALTERATION OF THE PREMISES, REASONABLE ATTORNEYS' FEES,
ANY REAL ESTATE COMMISSIONS ACTUALLY PAID BY LANDLORD AND THE UNAMORTIZED VALUE
OF ANY FREE RENT, REDUCED RENT, TENANT IMPROVEMENT ALLOWANCE OR OTHER ECONOMIC
CONCESSIONS PROVIDED BY LANDLORD. FOR PURPOSES OF THIS SECTION 13.2(A)(I),
"RENT" SHALL BE DEEMED TO BE ALL MONETARY OBLIGATIONS REQUIRED TO BE PAID BY
TENANT PURSUANT TO THE TERMS OF THIS LEASE.
(II)
COLLECT SUBLEASE RENTS (OR APPOINT A
RECEIVER TO COLLECT SUCH RENT) AND OTHERWISE PERFORM TENANT'S OBLIGATIONS AT THE
PREMISES, IT BEING AGREED, HOWEVER, THAT THE APPOINTMENT OF A RECEIVER FOR
TENANT SHALL NOT CONSTITUTE AN ELECTION BY LANDLORD TO TERMINATE THIS LEASE;
AND/OR
(III)
PURSUE ANY OTHER REMEDY NOW OR HEREAFTER
AVAILABLE TO LANDLORD UNDER THE LAWS OR JUDICIAL DECISIONS OF THE COMMONWEALTH
OF MASSACHUSETTS.
(B)
NO REMEDY OR ELECTION HEREUNDER SHALL BE DEEMED EXCLUSIVE, BUT
SHALL, WHEREVER POSSIBLE, BE CUMULATIVE WITH ALL OTHER REMEDIES AT LAW OR IN
EQUITY.
THE EXPIRATION OR TERMINATION OF THIS LEASE AND/OR