SHALL QUIT AND SURRENDER
THE LEASED PREMISES TO LANDLORD WHEREUPON THE TERM OF THIS LEASE SHALL EXPIRE ON
THE DATE SO FIXED IN SUCH NOTICE AS FULLY AND COMPLETELY AS IF IT WERE THE DATE
HEREIN DEFINITELY FIXED FOR THE EXPIRATION OF THE TERM, AND ALL RIGHT, TITLE AND
INTEREST OF TENANT SHALL THEREUPON WHOLLY CEASE AND EXPIRE AND THE TENANT SHALL
THEREUPON QUIT AND SURRENDER THE LEASED PREMISES BUT TENANT SHALL REMAIN LIABLE
AS PROVIDED UNDER THIS LEASE, IT BEING THE INTENTION OF THE PARTIES HEREBY TO
CREATE A CONDITIONAL LIMITATION.
IF THIS LEASE SHALL TERMINATE AS PROVIDED IN
THIS SECTION, OR IF NOT SO TERMINATED AND TENANT SHALL BE IN DEFAULT:
(A)
LANDLORD MAY RE-ENTER AND RESUME POSSESSION OF THE LEASED PREMISES
AND REMOVE ALL PERSONS AND PROPERTY THEREFROM EITHER BY SUMMARY DISPOSSESS
PROCEEDINGS OR BY A SUITABLE ACTION OR PROCEEDING, AT LAW OR IN EQUITY, OR
OTHERWISE, WITHOUT BEING LIABLE FOR ANY DAMAGES THEREFOR; AND
(B)
LANDLORD MAY RELET THE WHOLE OR ANY PART OF THE LEASED PREMISES
FOR A PERIOD EQUAL TO, GREATER OR LESS THAN THE REMAINDER OF THE THEN TERM OF
THIS LEASE, AT SUCH RENTAL AND UPON SUCH TERMS AND CONDITIONS AS LANDLORD SHALL
DEEM REASONABLE, TO ANY TENANT IT MAY DEEM SUITABLE AND FOR ANY USE AND PURPOSE
IT MAY DEEM APPROPRIATE.
LANDLORD SHALL NOT BE LIABLE IN ANY RESPECT FOR
FAILURE TO RELET THE LEASED PREMISES, AND, IN THE EVENT OF SUCH RELETTING, FOR
FAILURE TO COLLECT THE RENT THEREUNDER; ANY SUMS RECEIVED BY LANDLORD ON A
RELETTING IN EXCESS OF THE RENT RESERVED IN THIS LEASE, SHALL BELONG TO
LANDLORD.
NOTWITHSTANDING THE ABOVE, LANDLORD WILL USE REASONABLE EFFORTS TO
MITIGATE DAMAGES, PROVIDED THAT THESE EFFORTS SHALL NOT REQUIRE LANDLORD TO
RELET THE LEASED PREMISES TO ANY PARTY THAT LANDLORD COULD REASONABLY REJECT AS
A TRANSFEREE PURSUANT TO ARTICLE 7.
SECTION 19.4.
IF THIS LEASE SHALL TERMINATE AS PROVIDED IN THIS ARTICLE OR BY
SUMMARY DISPOSSESS PROCEEDINGS, LANDLORD SHALL BE ENTITLED TO RECOVER FROM
TENANT AS DAMAGES, IN ADDITION TO ARREARS IN FIXED NET RENT, AND ADDITIONAL
RENT:
(A)
AMOUNTS EQUAL TO ALL EXPENSES INCURRED BY LANDLORD IN RECOVERING
POSSESSION OF THE LEASED PREMISES AND IN CONNECTION WITH THE RELETTING OF THE
LEASED PREMISES, INCLUDING, WITHOUT LIMITATION, THE COST OF REPAIRING THE LEASED
PREMISES, BROKER'S COMMISSIONS AND LEGAL FEES, WHICH AMOUNTS SHALL BE DUE AND
PAYABLE BY TENANT TO LANDLORD AT SUCH TIME OR TIMES AS THEY SHALL HAVE BEEN
INCURRED, AND
(B)
AMOUNTS EQUAL TO THE DEFICIENCY BETWEEN THE FIXED NET RENT AND
ADDITIONAL RENT WHICH WOULD HAVE BECOME DUE AND PAYABLE HAD THIS LEASE NOT
TERMINATED AND THE NET AMOUNT, IF ANY, OF RENT AND ADDITIONAL RENT COLLECTED BY
LANDLORD ON RELETTING THE LEASED PREMISES (AFTER DEDUCTING THE COST OF
RENOVATING OR REMODELING THE LEASED PREMISES, FOR A PARTICULAR TENANT, NOT
INCLUDED WITHIN SECTION 19.4(A) ABOVE).
THE AMOUNTS SPECIFIED IN THIS
SUBDIVISION SHALL BE DUE AND PAYABLE BY TENANT ON THE SEVERAL DAYS ON WHICH SUCH
FIXED NET RENT