TO
RELET THE PREMISES ON SUCH TERMS AS LANDLORD IN ITS SOLE DISCRETION MAY
DETERMINE (INCLUDING A TERM DIFFERENT FROM THE TERM, RENTAL CONCESSIONS, AND
ALTERATIONS TO, AND IMPROVEMENT OF, THE PREMISES); HOWEVER, LANDLORD SHALL NOT
BE OBLIGATED TO RELET THE PREMISES BEFORE LEASING OTHER PORTIONS OF THE
BUILDING.
LANDLORD SHALL NOT BE LIABLE FOR, NOR SHALL TENANT'S OBLIGATIONS
HEREUNDER BE DIMINISHED BECAUSE OF, LANDLORD'S FAILURE TO RELET THE PREMISES OR
TO COLLECT RENT DUE FOR SUCH RELETTING.
19.2
IN LIEU OF CALCULATING DAMAGES UNDER
SECTION 19.1, LANDLORD MAY ELECT TO RECEIVE AS DAMAGES THE SUM OF (A) ALL RENT
ACCRUED THROUGH THE DATE OF TERMINATION OF THIS LEASE OR TENANT'S RIGHT TO
POSSESSION, AND (B) AN AMOUNT EQUAL TO THE TOTAL RENT THAT TENANT WOULD HAVE
BEEN REQUIRED TO PAY FOR THE REMAINDER OF THE TERM DISCOUNTED TO PRESENT VALUE,
MINUS THE THEN PRESENT FAIR RENTAL VALUE OF THE PREMISES FOR THE REMAINDER OF
THE TERM, SIMILARLY DISCOUNTED, AFTER DEDUCTING ALL ANTICIPATED COSTS OF
RELETTING. IF TENANT IS IN DEFAULT OF ANY OF ITS NON-MONETARY OBLIGATIONS UNDER
THE LEASE, LANDLORD SHALL HAVE THE RIGHT TO PERFORM SUCH OBLIGATIONS.
TENANT
SHALL REIMBURSE LANDLORD FOR THE COST OF SUCH PERFORMANCE UPON DEMAND TOGETHER
WITH AN ADMINISTRATIVE CHARGE EQUAL TO 10% OF THE COST OF THE WORK PERFORMED BY
LANDLORD. THE REPOSSESSION OR RE-ENTERING OF ALL OR ANY
16
PART OF THE PREMISES SHALL NOT RELIEVE TENANT OF ITS LIABILITIES AND OBLIGATIONS
UNDER THIS LEASE.
NO RIGHT OR REMEDY OF LANDLORD SHALL BE EXCLUSIVE OF ANY
OTHER RIGHT OR REMEDY. EACH RIGHT AND REMEDY SHALL BE CUMULATIVE AND IN ADDITION
TO ANY OTHER RIGHT AND REMEDY NOW OR SUBSEQUENTLY AVAILABLE TO LANDLORD AT LAW
OR IN EQUITY.
20.
LIMITATION OF LIABILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE, THE LIABILITY
OF LANDLORD (AND OF ANY SUCCESSOR LANDLORD) SHALL BE LIMITED TO THE INTEREST OF
LANDLORD IN THE PROPERTY.
TENANT SHALL LOOK SOLELY TO LANDLORD'S INTEREST IN
THE PROPERTY FOR THE RECOVERY OF ANY JUDGMENT OR AWARD AGAINST LANDLORD OR ANY
LANDLORD RELATED PARTY. NEITHER LANDLORD NOR ANY LANDLORD RELATED PARTY SHALL BE
PERSONALLY LIABLE FOR ANY JUDGMENT OR DEFICIENCY, AND IN NO EVENT SHALL LANDLORD
OR ANY LANDLORD RELATED PARTY BE LIABLE TO TENANT FOR ANY LOST PROFIT, DAMAGE TO
OR LOSS OF BUSINESS OR ANY FORM OF SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGE.
BEFORE FILING SUIT FOR AN ALLEGED DEFAULT BY LANDLORD, TENANT SHALL GIVE
LANDLORD AND THE MORTGAGEE(S) WHOM TENANT HAS BEEN NOTIFIED HOLD MORTGAGES
(DEFINED IN SECTION 23 BELOW), NOTICE AND REASONABLE TIME TO CURE THE ALLEGED
DEFAULT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL LANDLORD OR ANY
MORTGAGEES OR LANDLORD RELATED PARTIES EVER BE LIABLE FOR ANY CONSEQUENTIAL OR
INCIDENTAL DAMAGES OR ANY LOST PROFITS OF TENANT.
LANDLORD AND TENANT EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY THAT THE PREMISES
ARE SUITABLE FOR TENANT'S INTENDED COMMERCIAL PURPOSE, AND TENANT'S OBLIGATION
TO PAY RENT HEREUNDER IS NOT DEPENDENT UPON THE CONDITION OF THE PREMISES OR THE
PERFORMANCE BY