THE TERM THEREOF SHALL THEN HAVE
COMMENCED) AS A RESULT OF THE DEFAULT OF TENANT THEREUNDER OR OF THE OCCURRENCE
OF AN EVENT AS THEREIN PROVIDED (OTHER THAN BY EXPIRATION OF THE FIXED TERM
THEREOF OR PURSUANT TO A CANCELLATION OR TERMINATION OPTION THEREIN CONTAINED),
OR
(F)
WHENEVER A DEFAULT OF THE KIND SET FORTH IN SUBSECTION 16.02(A),
(B), OR (C) HEREOF SHALL OCCUR AND IF EITHER (I) TENANT SHALL CURE, AFTER
NOTICE, SUCH DEFAULT WITHIN ANY APPLICABLE GRACE PERIOD OR (II) LANDLORD SHALL,
IN ITS SOLE DISCRETION, PERMIT TENANT TO CURE SUCH DEFAULT AFTER THE APPLICABLE
GRACE PERIOD HAS EXPIRED, AND IF A SIMILAR DEFAULT SHALL OCCUR MORE THAN TWICE
WITHIN THE NEXT THREE HUNDRED SIXTY-FIVE (365) DAYS, WHETHER OR NOT SUCH SIMILAR
DEFAULT OR DEFAULTS IS OR ARE CURED WITHIN THE APPLICABLE GRACE PERIOD
30
then in any of said cases set forth in the foregoing Subsections (a), (b), (c),
(d), (e), and (f)
Landlord may give to Tenant a notice of intention to end the
term of this Lease at the expiration of three (3) days from the date of the
service of such notice of intention and upon the expiration of said three
(3) days this Lease and the term and estate hereby granted, whether or not the
term shall theretofore have commenced, shall terminate with the same effect as
if that day were the Expiration Date, but Tenant shall remain liable for damages
as provided in Article 18.
ARTICLE 17
RE-ENTRY BY LANDLORD; INJUNCTION
17.01
IF TENANT SHALL DEFAULT IN THE PAYMENT OF ANY INSTALLMENT OF
FIXED ANNUAL RENT, OR OF ANY ADDITIONAL RENT, ON ANY DATE UPON WHICH THE SAME
OUGHT TO BE PAID, AND IF SUCH DEFAULT SHALL CONTINUE FOR SEVEN (7) DAYS AFTER
LANDLORD SHALL HAVE GIVEN TO TENANT A NOTICE SPECIFYING SUCH DEFAULT, OR IF THIS
LEASE SHALL EXPIRE AS IN ARTICLE 16 PROVIDED, LANDLORD OR LANDLORD'S AGENTS AND
EMPLOYEES MAY IMMEDIATELY OR AT ANY TIME THEREAFTER RE-ENTER THE DEMISED
PREMISES, OR ANY PART THEREOF, EITHER BY SUMMARY DISPOSSESS PROCEEDINGS OR BY
ANY SUITABLE ACTION OR PROCEEDING AT LAW, OR BY FORCE OR OTHERWISE, WITHOUT
BEING LIABLE TO INDICTMENT, PROSECUTION OR DAMAGES THEREFROM, TO THE END THAT
LANDLORD MAY HAVE, HOLD AND ENJOY THE DEMISED PREMISES AGAIN AS AND OF ITS FIRST
ESTATE AND INTEREST THEREIN.
THE WORD RE-ENTER, AS HEREIN USED, IS NOT
RESTRICTED TO ITS TECHNICAL LEGAL MEANING.
IN THE EVENT OF ANY TERMINATION OF
THIS LEASE UNDER THE PROVISIONS OF ARTICLE 16 OR IF LANDLORD SHALL RE-ENTER THE
DEMISED PREMISES UNDER THE PROVISIONS OF THIS ARTICLE 17 OR IN THE EVENT OF THE
TERMINATION OF THIS LEASE, OR OF RE-ENTRY, BY OR UNDER ANY SUMMARY DISPOSSESS OR
OTHER PROCEEDINGS OR ACTION OR ANY PROVISION OF LAW BY REASON OF DEFAULT
HEREUNDER ON THE PART OF TENANT, TENANT SHALL THEREUPON PAY TO LANDLORD THE
FIXED ANNUAL RENT AND ADDITIONAL RENT PAYABLE BY TENANT TO LANDLORD UP TO THE
TIME OF SUCH TERMINATION OF THIS LEASE, OR OF SUCH