LANDLORD DOES NOT ELECT TO TERMINATE
THIS LEASE ON ACCOUNT OF ANY DEFAULT BY TENANT, LANDLORD MAY, FROM TIME TO TIME,
30
WITHOUT TERMINATING THIS LEASE, ENFORCE ALL OF ITS RIGHTS AND REMEDIES UNDER
THIS LEASE, INCLUDING THE RIGHT TO RECOVER ALL BASE RENT AND ADDITIONAL RENT AS
THEY BECOME DUE.
12.4
NEW LEASE FOLLOWING TERMINATION.
IN THE EVENT
LANDLORD ELECTS TO TERMINATE THIS LEASE AND RELET THE PREMISES, IT MAY EXECUTE
ANY NEW LEASE IN ITS OWN NAME.
TENANT HEREUNDER SHALL HAVE NO RIGHT OR
AUTHORITY WHATSOEVER TO COLLECT ANY BASE RENT, ADDITIONAL RENT OR OTHER SUMS
FROM SUCH TENANT.
THE PROCEEDS OF ANY SUCH RELETTING SHALL BE APPLIED AS
FOLLOWS:
(A)
FIRST, TO THE PAYMENT OF ANY INDEBTEDNESS
OTHER THAN BASE RENT OR ADDITIONAL RENT DUE HEREUNDER FROM TENANT TO LANDLORD,
INCLUDING BUT NOT LIMITED TO STORAGE CHARGES OR BROKERAGE COMMISSIONS OWING FROM
TENANT TO LANDLORD AS THE RESULT OF SUCH RELETTING;
(B)
SECOND, TO THE PAYMENT OF THE COSTS AND
EXPENSES OF RELETTING THE PREMISES, INCLUDING ALTERATIONS AND REPAIRS WHICH
LANDLORD DEEMS REASONABLY NECESSARY AND ADVISABLE, AND REASONABLE ATTORNEYS'
FEES INCURRED BY LANDLORD IN CONNECTION WITH THE RETAKING OF THE DEMISED
PREMISES AND SUCH RELETTING;
(C)
THIRD, TO THE PAYMENT OF BASE RENT,
ADDITIONAL RENT AND OTHER CHARGES DUE AND UNPAID HEREUNDER; AND
(D)
FOURTH, TO THE PAYMENT OF FUTURE BASE RENT,
ADDITIONAL CHARGES AND OTHER DAMAGES PAYABLE BY TENANT UNDER THIS LEASE.
12.5
CUMULATIVE RIGHTS; NO WAIVER.
ALL RIGHTS,
OPTIONS AND REMEDIES OF LANDLORD CONTAINED IN THIS LEASE SHALL BE CONSTRUED AND
HELD TO BE NON-EXCLUSIVE AND CUMULATIVE.
LANDLORD SHALL HAVE THE RIGHT TO
PURSUE ANY OR ALL OF SUCH REMEDIES OR ANY OTHER REMEDY OR RELIEF WHICH MAY BE
PROVIDED BY LAW, WHETHER OR NOT STATED IN THIS LEASE.
NO WAIVER OF ANY EVENT OF
DEFAULT OF TENANT HEREUNDER SHALL BE IMPLIED FROM THE ACCEPTANCE BY LENDER OF
ANY PAYMENTS DUE HEREUNDER (EXCEPT WITH RESPECT TO THE AMOUNT
SO COLLECTED) OR
ANY OMISSION BY LANDLORD PARTY TO TAKE ANY ACTION ON ACCOUNT OF SUCH EVENT OF
DEFAULT IF SUCH EVENT OF DEFAULT PERSISTS OR IS REPEATED, AND NO EXPRESS WAIVER
SHALL AFFECT DEFAULTS OTHER THAN AS SPECIFIED IN SAID WAIVER.
12.6
SURRENDER OF DEMISED PREMISES.
UPON ANY
EXPIRATION OR TERMINATION OF THIS LEASE, TENANT SHALL QUIT AND PEACEABLY
SURRENDER THE DEMISED PREMISES AND ALL PORTIONS THEREOF TO LANDLORD, AND
LANDLORD MAY, UPON OR AT ANY TIME AFTER ANY SUCH EXPIRATION OR TERMINATION AND
WITHOUT FURTHER NOTICE, ENTER UPON AND REENTER THE DEMISED PREMISES AND ALL
PORTIONS THEREOF AND POSSESS AND REPOSSESS ITSELF THEREOF BY FORCE, SUMMARY
PROCEEDING, EJECTMENT OR OTHERWISE, AND MAY DISPOSSESS TENANT AND REMOVE TENANT
AND ALL OTHER PERSONS AND PROPERTY FROM THE DEMISED PREMISES AND ALL PORTIONS
THEREOF AND MAY HAVE, HOLD AND ENJOY THE DEMISED PREMISES AND THE RIGHT TO
RECEIVE ALL RENTAL AND OTHER INCOME OF AND FROM THE SAME.
12.7
INTEREST ON UNPAID AMOUNTS.
IF TENANT SHALL
COMMIT AN EVENT OF DEFAULT, LANDLORD MAY CURE THE SAME, BUT