LANDLORD TO BE DONE AND PERFORMED SHALL CEASE WITHOUT
PREJUDICE, HOWEVER, TO TENANT'S LIABILITY FOR ALL BASE RENT, ADDITIONAL RENT AND
OTHER SUMS SPECIFIED HEREIN.
LANDLORD MAY RELET THE PREMISES OR ANY PART
THEREOF, ALONE OR TOGETHER WITH OTHER PREMISES, FOR SUCH TERM(S) (WHICH MAY
EXTEND BEYOND THE DATE ON WHICH THE LEASE TERM WOULD HAVE EXPIRED BUT FOR
TENANT'S DEFAULT) AND ON SUCH TERMS AND CONDITIONS (WHICH MAY INCLUDE ANY
CONCESSIONS OR ALLOWANCES GRANTED BY LANDLORD) AS LANDLORD, IN ITS SOLE AND
ABSOLUTE DISCRETION, MAY DETERMINE, BUT LANDLORD SHALL NOT BE LIABLE FOR, NOR
SHALL TENANT'S OBLIGATIONS HEREUNDER BE DIMINISHED BY REASON OF, ANY FAILURE BY
LANDLORD TO RELET ALL OR ANY PORTION OF THE PREMISES OR TO COLLECT ANY RENT DUE
UPON SUCH RELETTING.
IF THERE HAS OCCURRED AN EVENT OF DEFAULT UNDER THIS
LEASE, AND LANDLORD HAS EITHER TERMINATED THIS LEASE OR TENANT'S RIGHT OF
POSSESSION HEREUNDER, AND TENANT HAS VACATED THE PREMISES, THEN LANDLORD SHALL
THEREAFTER USE REASONABLE EFFORTS TO REMARKET THE PREMISES AND CONSUMMATE MARKET
LEASING TRANSACTIONS.
WHETHER OR NOT THIS LEASE AND/OR TENANT'S RIGHT OF
POSSESSION IS TERMINATED OR ANY SUIT IS INSTITUTED, TENANT SHALL BE LIABLE FOR
ANY BASE RENT, ADDITIONAL RENT, DAMAGES OR OTHER SUM WHICH MAY BE DUE OR
SUSTAINED PRIOR TO SUCH EVENT OF DEFAULT, AND FOR ALL THIRD-PARTY COSTS, FEES
AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES AND
COSTS, REASONABLE BROKERAGE FEES, EXPENSES INCURRED IN ENFORCING ANY OF TENANT'S
OBLIGATIONS UNDER THE LEASE OR IN PLACING THE PREMISES IN FIRST-CLASS RENTABLE
CONDITION, ADVERTISING EXPENSES, AND ANY MARKET CONCESSIONS OR ALLOWANCES
GRANTED BY LANDLORD) INCURRED BY LANDLORD IN PURSUIT OF ITS REMEDIES HEREUNDER
AND/OR IN RECOVERING POSSESSION OF THE PREMISES AND RENTING THE PREMISES TO
OTHERS FROM TIME TO TIME PLUS OTHER DAMAGES SUFFERED OR INCURRED BY LANDLORD ON
ACCOUNT OF SUCH EVENT OF DEFAULT (INCLUDING, BUT NOT LIMITED TO LATE FEES OR
OTHER CHARGES TO THE EXTENT ATTRIBUTABLE TO SUCH EVENT OF DEFAULT THAT ARE
INCURRED BY LANDLORD UNDER ANY MORTGAGE).
TENANT ALSO SHALL BE LIABLE FOR
ADDITIONAL DAMAGES WHICH AT LANDLORD'S ELECTION SHALL BE EITHER ONE OR A
COMBINATION OF THE FOLLOWING:
(A) AN AMOUNT EQUAL TO THE BASE RENT AND
ADDITIONAL RENT DUE OR WHICH WOULD HAVE BECOME DUE FROM THE DATE OF SUCH EVENT
OF DEFAULT THROUGH THE REMAINDER OF THE LEASE TERM, LESS THE AMOUNT OF RENTAL,
IF ANY, WHICH LANDLORD RECEIVES DURING SUCH PERIOD FROM OTHERS TO WHOM THE
PREMISES MAY BE RENTED (OTHER THAN ANY ADDITIONAL RENT RECEIVED BY LANDLORD AS A
RESULT OF ANY FAILURE OF SUCH OTHER PERSON TO PERFORM ANY OF ITS OBLIGATIONS TO
LANDLORD), WHICH AMOUNT SHALL BE COMPUTED AND PAYABLE IN MONTHLY INSTALLMENTS,
IN ADVANCE, ON THE FIRST DAY OF EACH CALENDAR MONTH FOLLOWING SUCH EVENT OF
DEFAULT AND CONTINUING UNTIL THE DATE ON WHICH THE LEASE TERM WOULD HAVE EXPIRED
BUT FOR SUCH EVENT OF DEFAULT, IT BEING UNDERSTOOD THAT SEPARATE SUITS MAY BE
BROUGHT FROM TIME TO TIME TO COLLECT ANY SUCH DAMAGES