AT ANY TIME ANY OF THE RIGHTS OR REMEDIES OR OTHER
PROVISIONS OF THIS LEASE SHALL NOT BE CONSTRUED TO BE A WAIVER THEREOF, NOR
AFFECT THE VALIDITY OF ANY PART OF THIS LEASE OR THE RIGHT OF EITHER PARTY
THEREAFTER TO ENFORCE EACH AND EVERY SUCH RIGHT OR REMEDY OR OTHER PROVISIONS.
NO WAIVER OF ANY DEFAULT AND BREACH OF THIS LEASE SHALL BE HELD TO BE A WAIVER
OF ANY OTHER DEFAULT OR BREACH.
THE RECEIPT OF RENT BY LANDLORD AT A
3
TIME AFTER RENT IS DUE UNDER THIS LEASE SHALL NOT BE CONSTRUED AS A WAIVER OF
SUCH DEFAULT.
THE RECEIPT BY LANDLORD OF LESS THAN THE FULL RENT DUE SHALL NOT
BE CONSTRUED TO BE OTHER THAN A PAYMENT ON ACCOUNT OF RENT THEN DUE, NOR SHALL
ANY STATEMENT ON TENANT'S CHECK OR ANY LETTER ACCOMPANYING TENANT'S CHECK BE
DEEMED AN ACCORD AND SATISFACTION, AND LANDLORD MAY ACCEPT SUCH PAYMENT WITHOUT
PREJUDICE TO LANDLORD'S RIGHT TO RECOVER THE BALANCE OF THE RENT DUE OR TO
PURSUE ANY OTHER REMEDIES PROVIDED IN THIS LEASE.
NO ACT OR OMISSION BY
LANDLORD OR ITS EMPLOYEES OR AGENTS DURING THE TERM OF THIS LEASE SHALL BE
DEEMED AN ACCEPTANCE OF A SURRENDER OF THE PREMISES, AND NO AGREEMENT TO ACCEPT
SUCH A SURRENDER SHALL BE VALID UNLESS IN WRITING AND SIGNED BY LANDLORD.
(E)
ATTORNEY'S FEES.
IN THE EVENT OF LITIGATION BETWEEN THE PARTIES
WITH RESPECT TO THIS LEASE, THE PREVAILING PARTY THEREIN SHALL BE ENTITLED TO
RECOVER FROM THE LOSING PARTY ALL OF ITS COSTS OF ENFORCEMENT AND LITIGATION,
INCLUDING, BUT NOT LIMITED TO, ITS REASONABLE ATTORNEYS' AND PARALEGAL FEES,
WITNESS FEES, COURT REPORTERS' FEES AND OTHER COSTS OF SUIT.
12.
BANKRUPTCY OR INSOLVENCY.
IT IS UNDERSTOOD AND AGREED THAT THE
FOLLOWING SHALL APPLY IN THE EVENT OF THE BANKRUPTCY OR INSOLVENCY OF TENANT:
(A)
IF A PETITION IS FILED BY, OR AN ORDER FOR RELIEF IS ENTERED
AGAINST TENANT UNDER CHAPTER 7 OF THE BANKRUPTCY CODE AND THE TRUSTEE OF TENANT
ELECTS TO ASSUME THIS LEASE FOR THE PURPOSE OF ASSIGNING IT, SUCH ELECTION OR
ASSIGNMENT, OR BOTH, MAY BE MADE ONLY IF ALL OF THE TERMS AND CONDITIONS OF
SUBPARAGRAPHS (B) AND (D) BELOW ARE SATISFIED.
TO BE EFFECTIVE, AN ELECTION TO
ASSUME THIS LEASE MUST BE IN WRITING AND ADDRESSED TO LANDLORD, AND IN
LANDLORD'S BUSINESS JUDGMENT, ALL OF THE CONDITIONS HEREINAFTER STATED, WHICH
LANDLORD AND TENANT ACKNOWLEDGE TO BE COMMERCIALLY REASONABLE, MUST HAVE BEEN
SATISFIED.
IF THE TRUSTEE FAILS SO TO ELECT TO ASSUME THIS LEASE WITHIN SIXTY
(60) DAYS AFTER HIS APPOINTMENT, THIS LEASE WILL BE DEEMED TO HAVE BEEN
REJECTED, AND LANDLORD SHALL THEN IMMEDIATELY BE ENTITLED TO POSSESSION OF THE
PREMISES WITHOUT FURTHER OBLIGATION TO TENANT OR THE TRUSTEE AND THIS LEASE
SHALL BE TERMINATED.
LANDLORD'S RIGHT TO BE COMPENSATED FOR DAMAGES IN THE
BANKRUPTCY PROCEEDING, HOWEVER, SHALL SURVIVE SUCH TERMINATION.
(B)
IF TENANT FILES A PETITION FOR REORGANIZATION UNDER CHAPTERS 11 OR
13 OF THE BANKRUPTCY CODE, OR IF