OR RELEASE TENANT,
IN WHOLE OR IN PART, FROM TENANT'S OBLIGATION TO PAY THE BASE RENT AND
ADDITIONAL RENT RESERVED HEREUNDER FOR THE FULL TERM, OR FROM ANY OTHER
OBLIGATION OF TENANT UNDER THIS LEASE, SUBJECT TO LANDLORD'S DUTY TO MITIGATE
DAMAGES.
EACH PARTY AGREES THAT THE NON-DEFAULTING PARTY MAY FILE SUIT TO
RECOVER ANY SUMS DUE HEREUNDER
AND THAT SUCH SUIT OR RECOVERY OF ANY AMOUNT DUE
HEREUNDER SHALL NOT BE ANY DEFENSE TO ANY SUBSEQUENT ACTION BROUGHT FOR ANY
AMOUNT NOT THERETOFORE REDUCED TO JUDGMENT IN FAVOR OF THE NON-DEFAULTING
PARTY.
IF LANDLORD ELECTS TO PURSUE ITS RIGHTS AND REMEDIES UNDER
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SUBSECTION (B), THEN LANDLORD SHALL AT ANY TIME HAVE THE FURTHER RIGHT AND
REMEDY TO RESCIND SUCH ELECTION AND PURSUE ITS RIGHTS AND REMEDIES UNDER
SUBSECTION (A).
ANY AND ALL PROPERTY THAT MAY BE REMOVED FROM THE PREMISES BY
LANDLORD PURSUANT TO THE AUTHORITY OF THE LEASE OR OF LAW, TO WHICH TENANT IS OR
MAY BE ENTITLED, MAY BE HANDLED, REMOVED OR STORED BY LANDLORD AT THE RISK, COST
AND EXPENSE OF TENANT, AND IN NO EVENT OR CIRCUMSTANCE SHALL LANDLORD BE
RESPONSIBLE FOR THE VALUE, PRESERVATION OR SAFEKEEPING THEREOF.
TENANT SHALL
PAY TO LANDLORD, UPON DEMAND, ANY AND ALL EXPENSES INCURRED IN SUCH REMOVAL AND
ALL STORAGE CHARGES AGAINST SUCH PROPERTY SO LONG AS THE SAME SHALL BE IN
LANDLORD'S POSSESSION OR UNDER LANDLORD'S CONTROL.
ANY SUCH PROPERTY OF TENANT
NOT RETAKEN FROM STORAGE BY TENANT WITHIN THIRTY (30) DAYS AFTER THE END OF THE
TERM, HOWEVER TERMINATED, SHALL BE CONCLUSIVELY PRESUMED TO HAVE BEEN CONVEYED
BY TENANT TO LANDLORD UNDER THIS LEASE AS IN A BILL OF SALE, WITHOUT FURTHER
PAYMENT OR CREDIT BY LANDLORD TO TENANT.
22.3.
ADDITIONAL RIGHTS.
ANY AND ALL COSTS, EXPENSES AND
DISBURSEMENTS, OF ANY KIND OR NATURE, INCURRED BY EITHER PARTY IN CONNECTION
WITH THE ENFORCEMENT OF ANY AND ALL OF THE TERMS AND PROVISIONS OF THIS LEASE,
INCLUDING REASONABLE ATTORNEYS' FEES (THROUGH ALL APPELLATE PROCEEDINGS), SHALL
BE DUE AND PAYABLE UPON ENTRY OF JUDGMENT.
ALL SUMS ADVANCED BY EITHER PARTY ON
ACCOUNT OF A DEFAULT BY THE OTHER PARTY UNDER THIS SECTION, OR PURSUANT TO ANY
OTHER PROVISION OF THIS LEASE, AND ALL BASE RENT AND ADDITIONAL RENT, IF
DELINQUENT OR NOT PAID BY TENANT AND RECEIVED BY LANDLORD WHEN DUE HEREUNDER,
SHALL BEAR INTEREST AT THE RATE OF 5% PER ANNUM ABOVE THE "PRIME" OR "REFERENCE"
OR "BASE" RATE (ON A PER ANNUM BASIS) OF INTEREST PUBLICLY ANNOUNCED AS SUCH,
FROM TIME TO TIME, BY NATIONAL CITY BANK (THE "PRIME RATE"), FROM THE DUE DATE
THEREOF UNTIL PAID, OR AT THE MAXIM AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS,
AND SUBJECT TO ANY APPLICABLE FINANCING DISCLOSURE REQUIREMENTS
THE VARIOUS
RIGHTS, REMEDIES AND ELECTIONS OF EACH PARTY RESERVED, EXPRESSED OR CONTAINED
HEREIN ARE CUMULATIVE AND NO ONE OF THEM SHALL BE DEEMED TO BE EXCLUSIVE OF THE
OTHERS OR OF SUCH OTHER RIGHTS, REMEDIES, OPTIONS OR ELECTIONS AS ARE NOW OR MAY
HEREAFTER BE CONFERRED UPON