OR INTERPRET ANY PROVISION OF THIS LEASE OR TO ENFORCE ANY RIGHT OF
EITHER PARTY HERETO, THE UNSUCCESSFUL PARTY TO SUCH LITIGATION SHALL PAY TO THE
SUCCESSFUL PARTY ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES,
INCURRED THEREIN.
IN ADDITION, LANDLORD SHALL BE ENTITLED TO RECOVER FROM
TENANT ANY AND ALL REASONABLE FEES (INCLUDING, WITHOUT LIMITATION, REASONABLE
ATTORNEY'S FEES) INCURRED IN OR RELATED TO BANKRUPTCY PROCEEDINGS RELATED TO
TENANT, INCLUDING REASONABLE FEES (INCLUDING, WITHOUT LIMITATION, REASONABLE
ATTORNEY'S FEES) INCURRED IN OR RELATED TO ISSUES AND EVENTS THAT ARE PECULIAR
TO BANKRUPTCY.
20.
LANDLORD'S DEFAULT.
IN NO EVENT SHALL LANDLORD BE IN DEFAULT UNLESS
NOTICE THEREOF HAS BEEN GIVEN TO LANDLORD (AND ALL MORTGAGEES OF WHICH TENANT
HAS NOTICE AND HAS RECEIVED CURRENT NOTICE ADDRESSES FOR) AND LANDLORD (OR ANY
SUCH MORTGAGEE AT ITS SOLE DISCRETION) FAILS TO CURE SUCH DEFAULT WITHIN 30 DAYS
(PROVIDED, HOWEVER, THAT SUCH 30 DAY PERIOD SHALL BE REASONABLY EXTENDED IF SUCH
PERFORMANCE BEGINS WITHIN SUCH PERIOD AND THEREAFTER IS DILIGENTLY PURSUED, OR
IF SUCH MORTGAGEE NOTIFIES TENANT WITHIN SUCH PERIOD THAT IT INTENDS TO CURE ON
BEHALF OF LANDLORD AND THEREAFTER BEGINS CURING WITHIN SUCH PERIOD, OR IF LATER
WITHIN 30 DAYS AFTER ACQUIRING POSSESSION OF THE PROPERTY IF THE CURE REQUIRES
THE MORTGAGEE TO OBTAIN POSSESSION OF THE PROPERTY, AND DILIGENTLY PURSUES
CURING WITH REASONABLE PROMPTNESS).
ANY MORTGAGEE NOTICE AND CURE PERIODS SET
FORTH IN ANY SUBORDINATION AGREEMENTS THEN IN EFFECT UNDER SECTION 25 SHALL
CONTROL TO THE EXTENT THE SAME DIFFER FROM THE FOREGOING.
NOTHING IN THIS
SECTION SHALL BE DEEMED TO LIMIT TENANT'S REMEDIES UNDER SECTION 6D OF THIS
LEASE.
21.
NO WAIVER.
FAILURE OF EITHER PARTY TO DECLARE ANY DEFAULT IMMEDIATELY
UPON ITS OCCURRENCE, OR DELAY IN TAKING ANY ACTION IN CONNECTION WITH AN EVENT
OF DEFAULT, SHALL NOT CONSTITUTE A WAIVER OF SUCH DEFAULT, NOR SHALL IT
CONSTITUTE AN ESTOPPEL AGAINST THE NON-DEFAULTING PARTY, BUT THE
23
NON-DEFAULTING PARTY SHALL HAVE THE RIGHT TO DECLARE THE DEFAULT AT ANY TIME AND
TAKE SUCH ACTION AS IS LAWFUL OR AUTHORIZED UNDER THIS LEASE.
FAILURE BY
NON-DEFAULTING PARTY TO ENFORCE ITS RIGHTS WITH RESPECT TO ANY ONE DEFAULT SHALL
NOT CONSTITUTE A WAIVER OF ITS RIGHTS WITH RESPECT TO ANY SUBSEQUENT DEFAULT.
22.
PEACEFUL ENJOYMENT.
TENANT SHALL, AND MAY PEACEFULLY HAVE, HOLD, AND
ENJOY THE PREMISES, SUBJECT TO THE OTHER TERMS HEREOF, PROVIDED THAT TENANT PAYS
THE RENT AND OTHER SUMS HEREIN RECITED TO BE PAID BY TENANT AND TIMELY PERFORMS
ALL OF TENANT'S COVENANTS AND AGREEMENTS HEREIN CONTAINED WITHIN APPLICABLE
GRACE PERIODS.
23.
INTENTIONALLY DELETED.
24.
HOLDING OVER.
IF TENANT CONTINUES TO OCCUPY THE PREMISES AFTER THE
EXPIRATION OR OTHER TERMINATION OF THIS LEASE OR THE TERMINATION OF TENANT'S
RIGHT OF POSSESSION, SUCH OCCUPANCY SHALL BE THAT OF A TENANCY AT SUFFERANCE.
TENANT SHALL, THROUGHOUT THE ENTIRE HOLDOVER PERIOD, BE SUBJECT TO ALL THE TERMS
AND PROVISIONS OF THIS LEASE AND SHALL PAY FOR ITS USE AND OCCUPANCY AN AMOUNT
(ON A PER DIEM BASIS) EQUAL TO (I) ONE HUNDRED