UNDER THIS LEASE, INCLUDING THE
RIGHT TO RECOVER ALL RENT AS IT BECOMES DUE.
19.2.3
LANDLORD SHALL AT ALL TIMES HAVE THE RIGHTS AND REMEDIES
(WHICH SHALL BE CUMULATIVE WITH EACH OTHER AND CUMULATIVE AND IN ADDITION TO
THOSE RIGHTS AND REMEDIES AVAILABLE UNDER SECTIONS 19.2.1 AND 19.2.2, ABOVE, OR
ANY LAW OR OTHER PROVISION OF THIS LEASE), WITHOUT PRIOR DEMAND OR NOTICE EXCEPT
AS REQUIRED BY APPLICABLE LAW, TO SEEK ANY DECLARATORY, INJUNCTIVE OR OTHER
EQUITABLE RELIEF, AND SPECIFICALLY ENFORCE THIS LEASE, OR RESTRAIN OR ENJOIN A
VIOLATION OR BREACH OF ANY PROVISION HEREOF.
19.3
SUBLEASES OF TENANT.
IF LANDLORD ELECTS TO
TERMINATE THIS LEASE ON ACCOUNT OF ANY DEFAULT BY TENANT, AS SET FORTH IN THIS
ARTICLE 19, LANDLORD SHALL HAVE THE RIGHT TO TERMINATE ANY AND ALL SUBLEASES,
LICENSES, CONCESSIONS OR OTHER CONSENSUAL ARRANGEMENTS FOR POSSESSION ENTERED
INTO BY TENANT AND AFFECTING THE PREMISES.
19.4
EFFORTS TO RELET.
NO RE-ENTRY OR REPOSSESSION,
REPAIRS, MAINTENANCE, CHANGES, ALTERATIONS AND ADDITIONS, RELETTING, APPOINTMENT
OF A RECEIVER TO PROTECT LANDLORD'S INTERESTS HEREUNDER, OR ANY OTHER ACTION OR
26
OMISSION BY LANDLORD SHALL BE CONSTRUED AS AN ELECTION BY LANDLORD TO TERMINATE
THIS LEASE OR TENANT'S RIGHT TO POSSESSION, OR TO ACCEPT A SURRENDER OF THE
PREMISES, NOR SHALL SAME OPERATE TO RELEASE TENANT IN WHOLE OR IN PART FROM ANY
OF TENANT'S OBLIGATIONS HEREUNDER, UNLESS EXPRESS WRITTEN NOTICE OF SUCH
INTENTION IS SENT BY LANDLORD TO TENANT.
THE FOREGOING SHALL NOT CONSTITUTE A
WAIVER OF ANY OF TENANT'S RIGHTS UNDER APPLICABLE LAW, ALL OF WHICH ARE HEREBY
EXPRESSLY RESERVED.
19.5
LANDLORD DEFAULT.
19.5.1
GENERAL.
NOTWITHSTANDING ANYTHING TO THE CONTRARY SET
FORTH IN THIS LEASE, LANDLORD SHALL NOT BE IN DEFAULT IN THE PERFORMANCE OF ANY
OBLIGATION REQUIRED TO BE PERFORMED BY LANDLORD PURSUANT TO THIS LEASE UNLESS
LANDLORD FAILS TO PERFORM SUCH OBLIGATION WITHIN THIRTY (30) DAYS AFTER RECEIPT
OF NOTICE FROM TENANT, SPECIFYING IN DETAIL LANDLORD'S FAILURE TO PERFORM;
PROVIDED, HOWEVER, IF THE NATURE OF LANDLORD'S OBLIGATION IS SUCH THAT MORE THAN
THIRTY (30) DAYS ARE REQUIRED FOR ITS PERFORMANCE, THEN LANDLORD SHALL NOT BE IN
DEFAULT UNDER THIS LEASE IF IT SHALL COMMENCE SUCH PERFORMANCE WITHIN SUCH
THIRTY (30) DAY PERIOD AND THEREAFTER DILIGENTLY PURSUE THE SAME TO COMPLETION.
UPON SUCH DEFAULT BY LANDLORD UNDER THIS LEASE, TENANT MAY, EXCEPT AS OTHERWISE
SPECIFICALLY PROVIDED IN THIS LEASE TO THE CONTRARY, EXERCISE ANY OF ITS RIGHTS
PROVIDED AT LAW OR IN EQUITY.
19.5.2
ABATEMENT OF RENT.
IN THE EVENT THAT TENANT IS
PREVENTED FROM USING, AND DOES NOT USE, THE PREMISES OR ANY PORTION THEREOF, AS
A RESULT OF (I) ANY REPAIR, MAINTENANCE OR ALTERATION PERFORMED BY LANDLORD, OR
WHICH LANDLORD FAILED TO PERFORM AS REQUIRED BY THIS LEASE, WHICH SUBSTANTIALLY
INTERFERES WITH TENANT'S USE OF OR ACCESS TO THE PREMISES, (II) ANY OTHER
FAILURE TO PROVIDE SERVICES, UTILITIES OR ACCESS TO THE PREMISES AS REQUIRED BY
THIS LEASE, OR (III) THE PRESENCE OF HAZARDOUS MATERIALS NOT BROUGHT ON THE
PROJECT BY TENANT (ANY SUCH SET OF CIRCUMSTANCES AS