TO DO SO,
LANDLORD MAY ENTER UPON AND TAKE POSSESSION OF THE PREMISES AND EXPEL OR REMOVE
TENANT AND ANY OTHER PERSON WHO MAY BE OCCUPYING ANY PART OF THE PREMISES
WITHOUT PREJUDICE TO ANY OTHER REMEDY THAT IT MAY HAVE FOR POSSESSION OR
ARREARAGE IN RENT AND WITHOUT BEING LIABLE FOR PROSECUTION OR FOR ANY CLAIM OR
DAMAGES ARISING FROM THAT RE-ENTRY, AND LANDLORD MAY RECOVER FROM TENANT THE
FOLLOWING:
(I)
THE WORTH AT THE TIME OF AWARD OF THE AMOUNT OF ANY UNPAID
RENT THAT HAS BEEN EARNED AT THE TIME OF THE TERMINATION; PLUS
(II)
THE WORTH AT THE TIME OF AWARD OF THE AMOUNT BY WHICH THE
UNPAID RENT THAT WOULD HAVE BEEN EARNED AFTER TERMINATION UNTIL THE TIME OF
AWARD EXCEEDS THE AMOUNT OF RENTAL ACTUALLY RECEIVED BY LANDLORD BY RELETTING
THE PREMISES DURING THAT PERIOD; PLUS
(III)
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 FAIR RENTAL VALUE FOR THE PREMISES DURING THAT PERIOD; PLUS
(IV)
ANY OTHER AMOUNT NECESSARY TO COMPENSATE LANDLORD FOR ALL THE
DAMAGES 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
FROM THAT FAILURE, SPECIFICALLY INCLUDING, WITHOUT LIMITATION, (A) BROKERAGE
COMMISSIONS AND ADVERTISING EXPENSES, EXPENSES OF REMODELING (INCLUDING PERMIT
FEES AND DESIGN, ARCHITECTURAL AND ENGINEERING FEES) ANY PART OF THE PREMISES
FOR A NEW TENANT, WHETHER FOR THE SAME OR A DIFFERENT USE, AND ANY SPECIAL
CONCESSIONS MADE TO OBTAIN A NEW TENANT, AND (B) ANY PENALTIES, INTEREST, FEES
OR COSTS INCURRED BY
42
Landlord as a result of the occurrence of such Lease Event of Default causing
Landlord to be in default of any mortgage or other financing of the Premises.
19.2.2
WITHOUT TERMINATING THIS LEASE, LANDLORD MAY ENFORCE ALL OF ITS RIGHTS
UNDER THIS LEASE, INCLUDING THE RIGHT TO RECOVER ALL RENT AS IT BECOMES DUE.
19.2.3
LANDLORD MAY TERMINATE TENANT'S RIGHT OF POSSESSION (BUT NOT THIS
LEASE) AND IMMEDIATELY REPOSSESS THE PREMISES BY FORCIBLE ENTRY AND DETAINER
SUIT, WITHOUT THEREBY RELEASING TENANT FROM ANY LIABILITY HEREUNDER AND WITHOUT
TERMINATING THIS LEASE, AND SHALL BE ENTITLED TO RECOVER FORTHWITH AS DAMAGES A
SUM OF MONEY EQUAL TO THE TOTAL OF (I) THE COST OF RECOVERING THE PREMISES
(INCLUDING REASONABLE LEGAL FEES AND COSTS OF SUIT), (II) THE UNPAID RENT EARNED
AT THE TIME OF TERMINATION, PLUS INTEREST THEREON AT THE DEFAULT RATE, AND (III)
ANY OTHER SUM OF MONEY AND DAMAGES THEN OWED BY TENANT TO LANDLORD UNDER THE
TERMS OF THIS LEASE.
IN ADDITION, TENANT SHALL REMAIN LIABLE FOR THE PAYMENT OF
ALL RENT AS SAME BECOME DUE UNDER THE TERMS OF THIS LEASE.
ANY PAYMENTS DUE
LANDLORD
UNDER THIS SECTION 19.2.3 SHALL BE MADE UPON DEMAND THEREFOR FROM TIME
TO TIME, AND TENANT AGREES THAT LANDLORD MAY FILE SUIT TO RECOVER ANY SUMS
FALLING DUE UNDER THE