TENANT TO OBSERVE OR PERFORM ACCORDING TO THE
PROVISIONS OF ARTICLES 5, 14, 17 OR 18 OF THIS LEASE WHERE SUCH FAILURE
CONTINUES FOR MORE THAN FIVE (5) BUSINESS DAYS AFTER NOTICE FROM LANDLORD; OR
19.1.6
TENANT'S DEFAULT UNDER THE TERMS AND CONDITIONS OF EITHER THE 13480
LEASE OR 13500 LEASE (BEYOND ANY APPLICABLE NOTICE AND CURE PERIODS).
The notice periods provided herein are in lieu of, and not in addition to, any
notice periods provided by law.
19.2
REMEDIES UPON DEFAULT.
UPON THE OCCURRENCE OF ANY EVENT OF DEFAULT
BY TENANT, LANDLORD SHALL HAVE, IN ADDITION TO ANY OTHER REMEDIES AVAILABLE TO
LANDLORD AT LAW OR IN EQUITY (ALL OF WHICH REMEDIES SHALL BE DISTINCT, SEPARATE
AND CUMULATIVE), THE OPTION TO PURSUE ANY ONE OR MORE OF THE FOLLOWING REMEDIES,
EACH AND ALL OF WHICH SHALL BE CUMULATIVE AND NONEXCLUSIVE, WITHOUT ANY NOTICE
OR DEMAND WHATSOEVER.
19.2.1
TERMINATE THIS LEASE, IN WHICH EVENT TENANT SHALL IMMEDIATELY
SURRENDER THE PREMISES TO LANDLORD, AND IF TENANT FAILS TO DO SO, LANDLORD MAY,
WITHOUT PREJUDICE TO ANY OTHER REMEDY WHICH IT MAY HAVE FOR POSSESSION OR
ARREARAGES IN RENT, ENTER UPON AND TAKE POSSESSION OF THE PREMISES AND EXPEL OR
REMOVE TENANT AND ANY OTHER PERSON WHO MAY BE
47
*** CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND FILED
SEPARATELY WITH THE COMMISSION.
OCCUPYING THE PREMISES OR ANY PART THEREOF, WITHOUT BEING LIABLE FOR PROSECUTION
OR ANY CLAIM OR DAMAGES THEREFOR; AND LANDLORD MAY RECOVER FROM TENANT THE
FOLLOWING:
(A)
THE WORTH AT THE TIME OF AWARD OF ANY UNPAID RENT WHICH HAS BEEN
EARNED AT THE TIME OF SUCH TERMINATION; PLUS
(B)
THE WORTH AT THE TIME OF AWARD OF THE AMOUNT BY WHICH THE UNPAID
RENT WHICH WOULD HAVE BEEN EARNED AFTER TERMINATION UNTIL THE TIME OF AWARD
EXCEEDS THE AMOUNT OF SUCH RENTAL LOSS THAT TENANT PROVES COULD HAVE BEEN
REASONABLY AVOIDED; PLUS
(C)
THE WORTH AT THE TIME OF AWARD OF THE AMOUNT BY WHICH THE UNPAID
RENT FOR THE BALANCE OF THE LEASE TERM AFTER THE TIME OF AWARD EXCEEDS THE
AMOUNT OF SUCH RENTAL LOSS THAT TENANT PROVES COULD HAVE BEEN REASONABLY
AVOIDED; PLUS
(D)
ANY OTHER AMOUNT NECESSARY TO COMPENSATE LANDLORD FOR ALL THE
DETRIMENT PROXIMATELY CAUSED BY TENANT'S FAILURE TO PERFORM ITS OBLIGATIONS
UNDER THIS LEASE OR WHICH IN THE ORDINARY COURSE OF THINGS WOULD BE LIKELY TO
RESULT THEREFROM, SPECIFICALLY INCLUDING BUT NOT LIMITED TO, BROKERAGE
COMMISSIONS AND ADVERTISING EXPENSES INCURRED, EXPENSES OF REMODELING THE
PREMISES OR ANY PORTION THEREOF FOR A NEW TENANT, WHETHER FOR THE SAME OR A
DIFFERENT USE, AND ANY SPECIAL CONCESSIONS MADE TO OBTAIN A NEW TENANT; AND
(E)
AT LANDLORD'S ELECTION, SUCH OTHER AMOUNTS IN ADDITION TO OR IN
LIEU OF THE FOREGOING AS MAY BE PERMITTED FROM TIME TO TIME BY APPLICABLE LAW.
The term "rent" as used in this Section 19.2 shall be deemed to be and to mean
all sums of every nature required to be paid by Tenant pursuant to