AN AMOUNT EQUAL TO THE
SUM OF (A) ALL RENT DUE AND UNPAID AS OF THE FINAL PAYMENT DATE, PLUS (B) AN
AMOUNT EQUAL TO THE EXCESS, IF ANY, OF THE PRESENT VALUE, AS OF THE FINAL
PAYMENT DATE, OF THE BASE NET RENT AND SUPPLEMENTAL RENT FOR THE BALANCE OF THE
TERM WITHOUT REGARD TO THE EARLY TERMINATION OF THE LEASE (DISCOUNTED ON A
SEMI-ANNUAL BASIS OF 7 PERCENT PER ANNUM) OVER THE PRESENT VALUE OF THE FAIR
MARKET RENTAL VALUE OF THE PROPERTY FOR THAT SAME PERIOD (USING THE SAME
DISCOUNT RATE). UPON SUCH PAYMENT, THIS LEASE AND LESSEE'S OBLIGATIONS HEREUNDER
SHALL TERMINATE.
(D)
LESSOR MAY EXERCISE ANY OTHER RIGHT OR REMEDY THAT MAY BE
AVAILABLE TO IT UNDER APPLICABLE LAWS AND RESTRICTIONS OR IN EQUITY, OR PROCEED
BY APPROPRIATE COURT ACTION (LEGAL OR EQUITABLE) TO ENFORCE THE TERMS HEREOF OR
TO RECOVER DAMAGES FOR THE BREACH HEREOF.
SEPARATE SUITS MAY BE BROUGHT TO
COLLECT ANY SUCH DAMAGES FOR ANY PERIOD OR PERIODS WITH RESPECT TO WHICH RENT
SHALL HAVE ACCRUED, AND SUCH SUITS SHALL NOT IN ANY MANNER PREJUDICE LESSOR'S
RIGHT TO COLLECT ANY SUCH DAMAGES FOR ANY SUBSEQUENT PERIOD, OR LESSOR MAY DEFER
ANY SUCH SUIT UNTIL AFTER THE EXPIRATION OR EARLIER TERMINATION OF THE INITIAL
TERM OR THE THEN CURRENT RENEWAL TERM, IN WHICH EVENT SUCH SUIT SHALL BE DEEMED
NOT TO HAVE ACCRUED UNTIL THE EXPIRATION OR EARLIER TERMINATION OF THE INITIAL
TERM, OR THE THEN CURRENT RENEWAL TERM.
SECTION 19.3.
SURVIVAL OF LESSEE'S OBLIGATIONS.
NO REPOSSESSION OF ANY OF THE
PROPERTY OR EXERCISE OF ANY REMEDY UNDER SECTION 19.2, INCLUDING TERMINATION OF
THIS LEASE, SHALL, EXCEPT AS SPECIFICALLY PROVIDED THEREIN, RELIEVE LESSEE OF
ANY OF ITS LIABILITIES AND OBLIGATIONS HEREUNDER, INCLUDING THE OBLIGATION TO
PAY BASE NET RENT.
IN ADDITION, EXCEPT AS SPECIFICALLY PROVIDED THEREIN, LESSEE
SHALL BE LIABLE, EXCEPT AS OTHERWISE
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PROVIDED ABOVE, FOR ANY AND ALL UNPAID RENT DUE HEREUNDER BEFORE, AFTER OR
DURING THE EXERCISE OF ANY OF THE FOREGOING REMEDIES, INCLUDING ALL REASONABLE
LEGAL FEES AND OTHER COSTS AND EXPENSES INCURRED BY LESSOR BY REASON OF THE
OCCURRENCE OF ANY EVENT OF DEFAULT OR THE EXERCISE OF LESSOR'S REMEDIES WITH
RESPECT THERETO, AND INCLUDING ALL COSTS AND EXPENSES INCURRED IN CONNECTION
WITH THE RETURN OF THE PROPERTY IN THE MANNER AND CONDITION REQUIRED BY, AND
OTHERWISE IN ACCORDANCE WITH THE PROVISIONS OF, ARTICLE XIII AS IF SUCH PROPERTY
WERE BEING RETURNED AT THE END OF THE TERM.
SECTION 19.4.
RIGHT OF LESSOR TO PERFORM FOR LESSEE.
(A)
IF LESSEE SHALL FAIL TO PERFORM OR COMPLY WITH ANY OF ITS
AGREEMENTS CONTAINED HEREIN SUCH THAT THE SAME CONSTITUTES AN EVENT OF DEFAULT,
THEN LESSOR MAY, ON FIVE (5) BUSINESS DAYS' PRIOR NOTICE TO LESSEE, PERFORM OR
COMPLY WITH SUCH AGREEMENT, AND LESSOR SHALL NOT THEREBY BE DEEMED TO HAVE
WAIVED ANY DEFAULT CAUSED BY SUCH FAILURE, AND THE AMOUNT OF PAYMENT REQUIRED TO
BE MADE BY LESSEE HEREUNDER AND MADE BY LESSOR ON BEHALF OF LESSEE, AND THE