LEASE
EVENT OF DEFAULT WITHIN THE APPLICABLE CURE PERIOD PROVIDED HEREIN AFTER
LANDLORD DELIVERS NOTICE TO TENANT THAT TENANT IS DELINQUENT IN RESPECT OF THAT
PERFORMANCE, LANDLORD MAY, BUT IS NOT OBLIGATED TO, MAKE ANY PAYMENT OR PERFORM
ANY ACT ON TENANT'S PART IN ORDER TO FULFILL THE OBLIGATION WITH RESPECT TO
WHICH TENANT IS DELINQUENT WITHOUT WAIVING ITS RIGHTS ARISING BY REASON OF
TENANT'S DEFAULT AND WITHOUT RELEASING TENANT FROM ITS OBLIGATIONS.
NOTWITHSTANDING THE FOREGOING, IF LANDLORD REASONABLY DETERMINES THAT ANY
EMERGENCY REPAIR IS REQUIRED, LANDLORD SHALL HAVE THE RIGHT TO MAKE SUCH REPAIR
IN ACCORDANCE WITH SECTION 7.2 HEREOF PRIOR TO THE EXPIRATION OF ANY LONGER CURE
PERIOD AFFORDED TENANT.
19.4
PAYMENTS BY TENANT.
TENANT SHALL PAY TO LANDLORD WITHIN THIRTY
(30) DAYS AFTER LANDLORD'S DELIVERY TO TENANT OF ITS STATEMENTS THE AMOUNT OF
THE EXPENDITURES LANDLORD REASONABLY MADE AND THE EXPENSES LANDLORD REASONABLY
INCURRED IN CONNECTION WITH LANDLORD'S RECTIFICATION OF TENANT'S DEFAULTS IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 19.3.
TENANT'S OBLIGATIONS UNDER THIS
SECTION 19.4 WILL SURVIVE THE LEASE TERMINATION DATE.
19.5
EFFORTS TO RELET.
FOR THE PURPOSES OF THIS ARTICLE XIX, TENANT'S
RIGHT TO POSSESSION WILL NOT BE TERMINATED BY LANDLORD'S EFFORTS TO RELET THE
PREMISES, BY ITS ACTS OF MAINTENANCE OR PRESERVATION WITH RESPECT TO THE
PREMISES, OR BY THE APPOINTMENT OF A RECEIVER TO PROTECT LANDLORD'S INTERESTS.
THE FOREGOING ENUMERATION IS NOT EXHAUSTIVE, BUT MERELY ILLUSTRATIVE OF ACTS
THAT LANDLORD MAY PERFORM WITHOUT TERMINATING TENANT'S RIGHT TO POSSESSION. IF
TENANT'S RIGHT OF POSSESSION (BUT NOT THIS LEASE) IS TERMINATED BY LANDLORD,
LANDLORD WILL USE COMMERCIALLY REASONABLE EFFORTS TO THE EXTENT REQUIRED BY
APPLICABLE LEGAL REQUIREMENTS THAT MAY NOT BE WAIVED (UNDER APPLICABLE LEGAL
REQUIREMENTS) TO RELET THE PREMISES ON SUCH TERMS AND CONDITIONS AS LANDLORD
REASONABLY DEEMS ACCEPTABLE, AND IF THE PREMISES ARE SO RELET, TENANT WILL
RECEIVE CREDIT AGAINST THE SUMS OTHERWISE PAYABLE TO LANDLORD HEREUNDER ONLY FOR
THE AMOUNT OF THE NET RELETTING INCOME.
FOR THE PURPOSE OF SUCH RELETTING
LANDLORD IS AUTHORIZED TO DECORATE OR TO MAKE ANY REPAIRS, CHANGES, ALTERATIONS
OR ADDITIONS IN OR TO THE PREMISES AS MAY BE REASONABLY NECESSARY OR DESIRABLE.
LANDLORD RESERVES THE RIGHT, HOWEVER (I) TO REFUSE TO LEASE ALL OR PORTIONS OF
THE PREMISES TO ANY POTENTIAL TENANT THAT DOES NOT MEET LANDLORD'S STANDARDS AND
CRITERIA FOR LEASING OTHER COMPARABLE SPACE IN THE BUILDING, AND (II) TO
RECONFIGURE THE PREMISES AND LEASE ONLY PORTIONS THEREOF OR LEASE ALL OR PART OF
THE PREMISES IN COMBINATION WITH OTHER SPACE.
TENANT SHALL NOT BE REQUIRED TO
REMOVE ANY ALTERATIONS OR ADDITIONS LANDLORD MAKES ON THE AUTHORITY OF THE
FOREGOING.
AS USED HEREIN,
"NET RELETTING INCOME" MEANS THE AMOUNT OF ALL
RENTALS LANDLORD ACTUALLY RECEIVES IN RESPECT OF A RELETTING OF THE PREMISES
DURING THE PERIOD BEGINNING ON THE DATE OF THE TERMINATION OF THIS LEASE OR
TENANT'S
RIGHT TO POSSESSION OF THE
44
Premises in accordance with the terms of Section 19.2 and ending on what would
have been the Lease Termination Date, but