claiming through or under Tenant or by virtue of any statute or
of an order of any court shall be entitled to possession or to remain in
possession of the Demised Premises but shall forthwith quit and surrender the
Demised Premises, and Landlord, in addition to the other rights and remedies
granted by virtue of any other provision in this Lease or by virtue of any
statute or rule of law, may retain as damages any Rent, Security Deposit, or
moneys received by it from Tenant or others on behalf of Tenant.
16.2
MEASURE OF DAMAGES.
In the event of the termination of this Lease pursuant to Section 16.1 above,
Landlord shall be entitled to the same rights and remedies as set forth in
Article 17.
16.3
ADEQUATE ASSURANCE.
(A)
IF TENANT OR A TRUSTEE ELECTS TO ASSUME
THIS LEASE SUBSEQUENT TO THE FILING OF A PETITION UNDER THE BANKRUPTCY CODE,
TENANT, AS DEBTOR AND AS DEBTOR IN POSSESSION, AND ANY TRUSTEE WHO MAY BE
APPOINTED AGREE AS FOLLOWS: (I) TO CURE EACH AND EVERY EXISTING BREACH BY TENANT
WITHIN NOT MORE THAN NINETY (90) DAYS OF ASSUMPTION OF THIS LEASE; AND (II) TO
COMPENSATE LANDLORD FOR ANY ACTUAL PECUNIARY LOSS RESULTING FROM ANY EXISTING
BREACH, INCLUDING WITHOUT LIMITATION, LANDLORD'S REASONABLE COSTS, EXPENSES AND
ATTORNEYS' FEES INCURRED AS A RESULT OF THE BREACH, AS DETERMINED BY A COURT OF
COMPETENT JURISDICTION, WITHIN NINETY (90) DAYS OF ASSUMPTION OF THIS LEASE; AND
(III) IN THE EVENT OF AN EXISTING BREACH, TO PROVIDE ADEQUATE ASSURANCE OF
TENANT'S FUTURE PERFORMANCE, INCLUDING WITHOUT LIMITATION (A) THE DEPOSIT OF AN
ADDITIONAL SUM EQUAL TO THREE MONTHS' RENT TO BE HELD (WITHOUT ANY ALLOWANCE FOR
INTEREST THEREON) TO SECURE TENANT'S OBLIGATIONS UNDER THE LEASE; AND (B) THE
PRODUCTION TO LANDLORD OF WRITTEN DOCUMENTATION ESTABLISHING THAT TENANT HAS
SUFFICIENT PRESENT AND ANTICIPATED FINANCIAL ABILITY TO PERFORM EACH AND EVERY
OBLIGATION OF TENANT UNDER THIS LEASE; AND (C) ASSURANCES, IN FORM ACCEPTABLE TO
LANDLORD, AS MAY BE REQUIRED UNDER ANY APPLICABLE PROVISION OF THE BANKRUPTCY
CODE; AND (IV) THE ASSUMPTION WILL NOT BREACH ANY PROVISION OF THIS LEASE; AND
(V) THE ASSUMPTION WILL BE SUBJECT TO ALL OF THE PROVISIONS OF THIS LEASE UNLESS
THE PRIOR WRITTEN CONSENT OF LANDLORD IS OBTAINED.
(B)
IF TENANT ASSUMES THIS LEASE AND PROPOSES TO
ASSIGN THE SAME PURSUANT TO THE PROVISIONS OF THE BANKRUPTCY CODE TO ANY PERSON
OR ENTITY WHO SHALL HAVE MADE A BONA FIDE OFFER TO ACCEPT AN ASSIGNMENT OF THIS
LEASE ON TERMS ACCEPTABLE TO TENANT, THEN NOTICE OF SUCH PROPOSED ASSIGNMENT,
SETTING FORTH (I) THE NAME AND ADDRESS OF SUCH PERSON, (II) ALL THE TERMS AND
CONDITIONS OF SUCH OFFER, AND (III) THE ADEQUATE ASSURANCE TO BE PROVIDED
LANDLORD TO ASSURE SUCH PERSON'S FUTURE PERFORMANCE UNDER THE LEASE, INCLUDING,
WITHOUT LIMITATION, THE ASSURANCES REFERRED TO IN ANY APPLICABLE PROVISION OF
THE BANKRUPTCY CODE, SHALL BE GIVEN TO LANDLORD BY TENANT NO LATER THAN
TWENTY (20) DAYS
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AFTER RECEIPT BY TENANT, BUT IN ANY EVENT