RE-LETTING OVER THE TERM OF THIS LEASE AGREEMENT, ANY RENT
CONCESSIONS WILL BE APPORTIONED OVER THE TERM OF THE NEW LEASE.
TENANT WILL PAY
SUCH AMOUNTS TO LANDLORD MONTHLY ON THE DAYS ON WHICH THE RENT AND ALL OTHER
AMOUNTS OWING UNDER THIS LEASE AGREEMENT WOULD HAVE BEEN PAYABLE IF POSSESSION
HAD NOT BEEN RETAKEN, AND LANDLORD OR LANDLORD'S DESIGNEE WILL BE ENTITLED TO
RECEIVE THE RENT AND OTHER AMOUNTS FROM TENANT ON EACH SUCH DAY.
(C)
LANDLORD OR LANDLORD'S DESIGNEE MAY RE-ENTER THE APPLICABLE LEASED
PROPERTY AND HAVE, REPOSSESS AND ENJOY THE LEASED PROPERTY AS IF SUCH LEASE
AGREEMENT HAD NOT BEEN MADE, AND IN SUCH EVENT, TENANT AND ITS SUCCESSORS AND
ASSIGNS SHALL REMAIN LIABLE FOR ANY CONTINGENT OR UNLIQUIDATED OBLIGATIONS OR
SUMS OWING AT THE TIME OF SUCH REPOSSESSION.
(D)
LANDLORD MAY EXERCISE ANY REMEDY WITH RESPECT TO ANY COLLATERAL
GIVEN BY TENANT OR ITS AFFILIATES IN CONNECTION WITH THIS LEASE AGREEMENT.
(E)
LANDLORD OR LANDLORD'S DESIGNEE MAY TAKE WHATEVER ACTION AT LAW OR
IN EQUITY AS MAY APPEAR NECESSARY OR DESIRABLE TO COLLECT THE RENT AND OTHER
AMOUNTS PAYABLE UNDER THIS LEASE AGREEMENT THEN DUE AND THEREAFTER TO BECOME
DUE, OR TO ENFORCE PERFORMANCE AND OBSERVANCE OF ANY OBLIGATIONS, AGREEMENTS OR
COVENANTS OF TENANT UNDER THIS LEASE AGREEMENT.
(F)
LANDLORD OR LANDLORD'S DESIGNEE MAY EXERCISE ANY REMEDY
SPECIFICALLY PROVIDED FOR IN THIS LEASE AGREEMENT.
10.03
RIGHT OF SET-OFF.
WHILE AN EVENT OF DEFAULT IS CONTINUING, LANDLORD
MAY, AND IS HEREBY AUTHORIZED BY TENANT, AT ANY TIME AND FROM TIME TO TIME,
AFTER TEN (10) BUSINESS DAYS PRIOR WRITTEN NOTICE TO TENANT, TO SET-OFF AND
APPLY ANY AND ALL SUMS HELD BY LANDLORD, INCLUDING ALL SUMS HELD IN ANY ESCROW
FOR IMPOSITIONS, ANY INDEBTEDNESS OF LANDLORD TO TENANT, AND ANY CLAIMS BY
TENANT AGAINST LANDLORD, AGAINST ANY OBLIGATIONS OF TENANT UNDER THIS LEASE
AGREEMENT AND AGAINST ANY CLAIMS BY LANDLORD AGAINST TENANT, WHETHER OR NOT
LANDLORD HAS EXERCISED ANY OTHER REMEDIES HEREUNDER.
THE RIGHTS OF LANDLORD
UNDER THIS SECTION 10.03 ARE IN ADDITION TO ANY OTHER RIGHTS AND REMEDIES
LANDLORD MAY HAVE AGAINST TENANT.
10.04
PERFORMANCE OF TENANT'S COVENANTS.
EXCEPT IN CASES OF EMERGENCY, IN
WHICH EVENT LANDLORD MAY PROCEED WITHOUT NOTICE, LANDLORD MAY, BUT IS NOT
OBLIGATED TO, PERFORM ANY OBLIGATION OF TENANT WHICH TENANT HAS FAILED TO
PERFORM WITHIN THIRTY (30) BUSINESS DAYS AFTER
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LANDLORD HAS SENT A WRITTEN NOTICE TO TENANT INFORMING IT OF ITS SPECIFIC
FAILURE (PROVIDED NO SUCH NOTICE SHALL BE REQUIRED IF SUCH FAILURE IS COVERED
UNDER THE PROVISIONS OF SECTION 10.01).
TENANT SHALL REIMBURSE LANDLORD ON
DEMAND, AS ADDITIONAL RENT, FOR ANY EXPENDITURES THUS INCURRED BY LANDLORD AND
SHALL PAY INTEREST THEREON AT THE NEW YORK PRIME RATE.
10.05
INTEREST ON PAST DUE PAYMENTS.
ANY PAYMENT NOT MADE BY TENANT FOR
MORE THAN FIVE (5) DAYS AFTER THE SAME IS DUE SHALL BEAR INTEREST AT THE NEW
YORK PRIME RATE FROM THE DUE DATE THEREOF THROUGH THE DATE SUCH PAYMENT IS
ACTUALLY RECEIVED BY LANDLORD, PROVIDED THAT IN