THEREOF.
TENANT SHALL REPAY TO LANDLORD WITHIN FIVE
(5) BUSINESS DAYS FOLLOWING DEMAND THE ENTIRE
46
OUT-OF-POCKET COST AND EXPENSE INCURRED BY LANDLORD IN CONNECTION WITH THE CURE,
INCLUDING, WITHOUT LIMITATION, COMPENSATION TO THE AGENTS, CONSULTANTS AND
CONTRACTORS OF LANDLORD AND REASONABLE ATTORNEYS' FEES AND EXPENSES.
LANDLORD
SHALL ALSO IMPOSE A THIRTY PERCENT (30%) ADMINISTRATIVE FEE TO COMPENSATE
LANDLORD FOR THE COST OF PERFORMING ON BEHALF OF TENANT.
LANDLORD MAY ACT UPON
SHORTER NOTICE OR NO NOTICE AT ALL IF NECESSARY IN LANDLORD'S REASONABLE
JUDGMENT TO MEET AN EMERGENCY SITUATION TO PROTECT LANDLORD'S INTEREST IN THE
PREMISES.
LANDLORD SHALL NOT BE REQUIRED TO INQUIRE INTO THE CORRECTNESS OF THE
AMOUNT OF VALIDITY OR ANY TAX OR LIEN THAT MAY BE PAID BY LANDLORD AND LANDLORD
SHALL BE DULY PROTECTED IN PAYING THE AMOUNT OF ANY SUCH TAX OR LIEN CLAIMED AND
IN SUCH EVENT LANDLORD ALSO SHALL HAVE THE FULL AUTHORITY, IN LANDLORD'S SOLE
JUDGMENT AND DISCRETION AND WITHOUT PRIOR NOTICE TO OR APPROVAL BY TENANT, TO
SETTLE OR COMPROMISE ANY SUCH LIEN OR TAX.
ANY ACT OR THING DONE BY LANDLORD
PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL NOT BE OR BE CONSTRUED AS A
WAIVER OF ANY SUCH FAILURE BY TENANT, OR AS A WAIVER OF ANY TERM, COVENANT,
AGREEMENT OR CONDITION HEREIN CONTAINED OR OF THE PERFORMANCE THEREOF.
16.6
LANDLORD'S DEFAULT.
LANDLORD SHALL BE IN DEFAULT
UNDER THIS LEASE IF LANDLORD FAILS TO PERFORM OBLIGATIONS REQUIRED OF LANDLORD
WITHIN THIRTY (30) DAYS AFTER WRITTEN NOTICE BY TENANT TO LANDLORD AND TO ANY
LEASEHOLD MORTGAGEE OR PRIOR LESSOR WHOSE NAME AND ADDRESS SHALL HAVE HERETOFORE
BEEN FURNISHED TO TENANT IN WRITING, SPECIFYING WHEREIN LANDLORD HAS FAILED TO
PERFORM SUCH OBLIGATIONS; PROVIDED, HOWEVER, THAT IF THE NATURE OF LANDLORD'S
OBLIGATIONS IS SUCH THAT MORE THAN THIRTY (30) DAYS ARE REQUIRED FOR
PERFORMANCE, THEN LANDLORD SHALL NOT BE IN DEFAULT IF LANDLORD COMMENCES
PERFORMANCE WITHIN SUCH THIRTY (30) DAY PERIOD AND THEREAFTER DILIGENTLY
PROSECUTES THE SAME TO COMPLETION.
TENANT SHALL BE ENTITLED TO ACTUAL (BUT NOT
CONSEQUENTIAL) DAMAGES IN THE EVENT OF AN UNCURED DEFAULT BY LANDLORD, BUT THE
PROVISIONS OF ARTICLE 18 SHALL APPLY TO ANY LANDLORD DEFAULT AND TENANT SHALL
NOT HAVE THE RIGHT TO TERMINATE THIS LEASE AS A RESULT OF A LANDLORD DEFAULT.
16.7
SURVIVAL.
THE PROVISIONS OF THIS ARTICLE 16 SHALL
SURVIVE TERMINATION OF THIS LEASE.
17.
LANDLORD'S RESERVED RIGHTS.
17.1
CONTROL OF COMMON AREA.
LANDLORD RESERVES THE
RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO MAKE ALTERATIONS, ADDITIONS,
REPAIRS OR IMPROVEMENTS TO ALL OR ANY PART OF THE BUILDING (INCLUDING THE
STRUCTURAL COMPONENTS AND BUILDING SYSTEMS), THE COMMON AREA AND THE PROPERTY;
PROVIDED, HOWEVER, THAT LANDLORD SHALL NOT MATERIALLY AND ADVERSELY AFFECT
TENANT'S USE OF THE PREMISES OR ITS RIGHTS OF ACCESS AND PARKING AND NOT
UNREASONABLY INTERFERE WITH TENANT'S BUSINESS OR PROPERTIES.
LANDLORD MAY MAKE
CHANGES AT ANY TIME AND FROM TIME TO TIME IN THE SIZE, SHAPE, LOCATION, USE AND
EXTENT OF THE COMMON AREA, AND NO SUCH