THEREFOR SHALL BE AN ADDITIONAL EVENT
OF DEFAULT HEREUNDER.
THE PROVISION FOR SUCH LATE CHARGE SHALL BE IN ADDITION
TO ALL OF LANDLORD'S OTHER RIGHTS AND REMEDIES HEREUNDER OR AT LAW AND SHALL NOT
BE CONSTRUED AS LIQUIDATED DAMAGES OR AS LIMITING LANDLORD'S REMEDIES IN ANY
MANNER.
D.
EXERCISE BY LANDLORD OF ANY ONE OR MORE REMEDIES HEREUNDER GRANTED
OR OTHERWISE AVAILABLE SHALL NOT BE DEEMED TO BE AN ACCEPTANCE OF SURRENDER OF
THE PREMISES BY LANDLORD, WHETHER BY AGREEMENT OR BY OPERATION OF LAW, IT BEING
UNDERSTOOD THAT SUCH SURRENDER CAN BE EFFECTED ONLY BY THE WRITTEN AGREEMENT OF
LANDLORD AND TENANT.
TENANT AND LANDLORD FURTHER AGREE THAT FORBEARANCE BY
LANDLORD TO ENFORCE ITS RIGHTS PURSUANT TO THIS LEASE, AT LAW OR IN EQUITY,
SHALL NOT BE A WAIVER OF LANDLORD'S RIGHT TO ENFORCE ONE OR INERT OF ITS RIGHTS
IN CONNECTION WITH THAT OR ANY SUBSEQUENT DEFAULT.
E.
THE TERM "PRIME RATE" AS USED HEREIN SHALL MEAN THE PER ANNUM
"PRIME RATE" OF INTEREST AS PUBLISHED, ON THE DATE ON WHICH THIS LEASE IS
TERMINATED IN ACCORDANCE WITH THIS PARAGRAPH 20, BY THE WALL STREET JOURNAL,
SOUTHWEST EDITION, IN ITS LISTING OF "MONEY RATES", OR IF THE WALL STREET
JOURNAL IS NOT PUBLISHED ON THE DATE ON WHICH THIS LEASE IS TERMINATED, THEN THE
"PRIME RATE" OF INTEREST AS PUBLISHED IN THE WALL STREET JOURNAL ON THE MOST
RECENT DATE PRIOR TO THE DATE ON WHICH THIS LEASE IS SO TERMINATED OR, IF THE
WALL STREET JOURNAL HAS CEASED PUBLICATION AND DOES NOT HAVE A COMPARABLE
SUCCESSOR AS OF THE DATE ON WHICH THIS LEASE IS TERMINATED, THEN THE "PRIME
RATE" AS USED HEREIN SHALL MEAN THE PRIME RATE OF INTEREST ANNOUNCED FROM TIME
TO TIME BY BANK ONE TEXAS, N.A.
16
F.
IF LANDLORD FAILS TO PERFORM ANY OF ITS OBLIGATIONS HEREUNDER
WITHIN THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM TENANT SPECIFYING IN DETAIL
SUCH FAILURE (OR IF THE FAILURE CANNOT BE CORRECTED, THROUGH THE EXERCISE OF
REASONABLE DILIGENCE, WITHIN SUCH THIRTY (30)-DAY PERIOD, IF LANDLORD DOES NOT
COMMENCE TO CORRECT SAME WITHIN SUCH THIRTY (30)-DAY PERIOD AND THEREAFTER
DILIGENTLY PROSECUTE SAME TO COMPLETION), TENANT'S SOLE AND EXCLUSIVE REMEDY
SHALL BE AN ACTION FOR DAMAGES.
UNLESS AND UNTIL LANDLORD FAILS TO SO CURE ANY
DEFAULT AFTER SUCH NOTICE, TENANT SHALL NOT HAVE ANY REMEDY OR CAUSE OF ACTION
BY REASON THEREOF.
ALL OBLIGATIONS OF LANDLORD HEREUNDER WILL BE CONSTRUED AS
COVENANTS, NOT CONDITIONS; AND ALL SUCH OBLIGATIONS WILL BE BINDING UPON
LANDLORD ONLY DURING THE PERIOD OF ITS POSSESSION OF THE PREMISES AND NOT
THEREAFTER.
THE TERM "LANDLORD" SHALL MEAN ONLY THE OWNER, FOR THE TIME BEING
OF THE PREMISES, AND IN THE EVENT OF THE TRANSFER BY SUCH OWNER OF ITS INTEREST
IN THE PREMISES, SUCH OWNER SHALL THEREUPON BE RELEASED AND DISCHARGED FROM ALL
COVENANTS AND OBLIGATIONS OF LANDLORD THEREAFTER ACCRUING BUT SUCH COVENANTS AND
OBLIGATIONS SHALL BE BINDING DURING THE TERM OF THIS LEASE UPON EACH NEW OWNER
FOR THE DURATION OF SUCH