THE PREMISES FOR SUCH PURPOSES, IF LANDLORD SHALL SO ELECT), AND LANDLORD
SHALL NOT BE OR BE HELD LIABLE OR IN ANY WAY RESPONSIBLE FOR ANY LOSS,
DISTURBANCE, INCONVENIENCE, ANNOYANCE OR DAMAGE RESULTING TO TENANT ON ACCOUNT
THEREOF.
TENANT SHALL REPAY TO LANDLORD WITHIN FIVE (5) BUSINESS DAYS FOLLOWING
DEMAND THE ENTIRE
45
OUT-OF-POCKET COST AND EXPENSE INCURRED BY LANDLORD IN CONNECTION WITH THE CURE,
INCLUDING, WITHOUT LIMITATION, COMPENSATION TO THE AGENTS, CONSULTANTS AND
CONTRACTORS OF LANDLORD AND REASONABLE ATTORNEYS' FEES AND EXPENSES.
LANDLORD
SHALL ALSO IMPOSE A THIRTY PERCENT (30%) ADMINISTRATIVE FEE TO COMPENSATE
LANDLORD FOR THE COST OF PERFORMING ON BEHALF OF TENANT.
LANDLORD MAY ACT UPON
SHORTER NOTICE OR NO NOTICE AT ALL IF NECESSARY IN LANDLORD'S REASONABLE
JUDGMENT TO MEET AN EMERGENCY SITUATION TO PROTECT LANDLORD'S INTEREST IN THE
PREMISES.
LANDLORD SHALL NOT BE REQUIRED TO INQUIRE INTO THE CORRECTNESS OF THE
AMOUNT OF VALIDITY OR ANY TAX OR LIEN THAT MAY BE PAID BY LANDLORD AND LANDLORD
SHALL BE DULY PROTECTED IN PAYING THE AMOUNT OF ANY SUCH TAX OR LIEN CLAIMED AND
IN SUCH EVENT LANDLORD ALSO SHALL HAVE THE FULL AUTHORITY, IN LANDLORD'S SOLE
JUDGMENT AND DISCRETION AND WITHOUT PRIOR NOTICE TO OR APPROVAL BY TENANT, TO
SETTLE OR COMPROMISE ANY SUCH LIEN OR TAX.
ANY ACT OR THING DONE BY LANDLORD
PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL NOT BE OR BE CONSTRUED AS A
WAIVER OF ANY SUCH FAILURE BY TENANT, OR AS A WAIVER OF ANY TERM, COVENANT,
AGREEMENT OR CONDITION HEREIN CONTAINED OR OF THE PERFORMANCE THEREOF.
16.6
LANDLORD'S DEFAULT.
LANDLORD SHALL BE IN DEFAULT UNDER THIS LEASE
IF LANDLORD FAILS TO PERFORM OBLIGATIONS REQUIRED OF LANDLORD WITHIN THIRTY (30)
DAYS AFTER WRITTEN NOTICE BY TENANT TO LANDLORD AND TO ANY LEASEHOLD MORTGAGEE
OR PRIOR LESSOR WHOSE NAME AND ADDRESS SHALL HAVE HERETOFORE BEEN FURNISHED TO
TENANT IN WRITING, SPECIFYING WHEREIN LANDLORD HAS FAILED TO PERFORM SUCH
OBLIGATIONS; PROVIDED, HOWEVER, THAT IF THE NATURE OF LANDLORD'S OBLIGATIONS IS
SUCH THAT MORE THAN THIRTY (30) DAYS ARE REQUIRED FOR PERFORMANCE, THEN LANDLORD
SHALL NOT BE IN DEFAULT IF LANDLORD COMMENCES PERFORMANCE WITHIN SUCH THIRTY
(30) DAY PERIOD AND THEREAFTER DILIGENTLY PROSECUTES THE SAME TO COMPLETION.
TENANT SHALL BE ENTITLED TO ACTUAL (BUT NOT CONSEQUENTIAL) DAMAGES IN THE EVENT
OF AN UNCURED DEFAULT BY LANDLORD, BUT THE PROVISIONS OF ARTICLE 18 SHALL APPLY
TO ANY LANDLORD DEFAULT AND TENANT SHALL NOT HAVE THE RIGHT TO TERMINATE THIS
LEASE AS A RESULT OF A LANDLORD DEFAULT.
16.7
SURVIVAL.
THE PROVISIONS OF THIS ARTICLE 16 SHALL SURVIVE
TERMINATION OF THIS LEASE.
17.
LANDLORD'S RESERVED RIGHTS.
17.1
CONTROL OF COMMON AREA.
LANDLORD RESERVES THE RIGHT, AT ANY TIME
AND FROM TIME TO TIME, TO MAKE ALTERATIONS, ADDITIONS, REPAIRS OR IMPROVEMENTS
TO ALL OR ANY PART OF THE BUILDING (INCLUDING THE STRUCTURAL COMPONENTS AND
BUILDING SYSTEMS), THE COMMON AREA AND THE PROPERTY; PROVIDED, HOWEVER, THAT
LANDLORD SHALL NOT MATERIALLY AND ADVERSELY AFFECT TENANT'S USE OF THE PREMISES
OR ITS RIGHTS OF ACCESS AND