SHALL HAVE FAILED TO OBTAIN A RETURN OR RELEASE OF SUCH
PROPERTY WITHIN THIRTY (30) DAYS THEREAFTER, OR PRIOR TO SALE PURSUANT TO SUCH
LEVY, WHICHEVER FIRST OCCURS.
11.2
LANDLORD'S REMEDIES:
IN THE EVENT OF TENANT'S DEFAULT PURSUANT TO
SECTION 11.1, LANDLORD SHALL HAVE THE FOLLOWING REMEDIES:
A.
LANDLORD MAY, AT LANDLORD'S ELECTION, KEEP THIS LEASE IN EFFECT
AND ENFORCE ALL OF ITS RIGHTS AND REMEDIES UNDER THE LEASE, INCLUDING THE RIGHT
TO RECOVER THE RENT AND OTHER SUMS AS THEY BECOME DUE BY APPROPRIATE LEGAL
ACTION; AND
B.
LANDLORD MAY, AT LANDLORD'S ELECTION, TERMINATE THIS LEASE BY
GIVING TENANT WRITTEN NOTICE OF TERMINATION.
ON THE GIVING OF THE NOTICE, IN
ACCORDANCE WITH THE TERMS OF THIS LEASE, ALL OF TENANT'S RIGHT IN THE PROPERTY
SHALL TERMINATE.
PROMPTLY AFTER NOTICE OF TERMINATION, TENANT SHALL SURRENDER
AND VACATE THE PROPERTY IN BROOM-CLEAN CONDITION AND, SUBJECT TO SECTION 12.3
BELOW, WITH ALL OF TENANT'S TRADE FIXTURES AND PERSONAL PROPERTY REMOVED, AND
LANDLORD MAY RE-ENTER AND TAKE POSSESSION OF THE PROPERTY; PROVIDED, HOWEVER,
THAT (I) LANDLORD SHALL NOT EJECT ANY SUBTENANT OF TENANT THEN OCCUPYING SPACE
WITHIN THE PROPERTY PURSUANT TO A VALID SUBLEASE EXECUTED BY TENANT WHO IS NOT
THEN IN DEFAULT, (II) LANDLORD SHALL RECOGNIZE THE RIGHTS OF SUCH SUBTENANTS AS
PROVIDED IN SECTION 13.3.
THIS LEASE MAY ALSO BE TERMINATED BY A JUDGMENT
SPECIFICALLY PROVIDING FOR TERMINATION.
C.
LANDLORD SHALL USE ITS BEST EFFORTS WITH ALL DUE DILIGENCE TO
MITIGATE ANY DAMAGES RESULTING FROM ANY SUCH DEFAULT BY TENANT (INCLUDING,
WITHOUT LIMITATION, THE PROMPT RELETTING OF THE PREMISES IN WHOLE OR IN PART FOR
THE REMAINDER OF THE LEASE TERM ON REASONABLE TERMS AND CONDITIONS), AND TENANT
SHALL NOT IN ANY EVENT BE LIABLE FOR ANY DAMAGES REASONABLY MITIGATABLE BY
LANDLORD.
LANDLORD WAIVES ANY RIGHT OF DISTRAINT, DISTRESS FOR RENT OR
LANDLORD'S LIEN THAT MAY ARISE AT LAW.
11.3
LANDLORD'S DEFAULT AND TENANT'S REMEDIES:
IN THE EVENT LANDLORD
FAILS TO PERFORM ANY OF ITS OBLIGATIONS UNDER THIS LEASE AND FAILS TO CURE SUCH
DEFAULT WITHIN SIXTY
24
(60) days after written notice from Tenant specifying the nature of such default
where such default could reasonably be cured within said sixty (60) day period,
or fails to commence such cure within said sixty (60) day period and thereafter
continuously with due diligence prosecute such cure to completion where such
default could not reasonably be cured with said sixty (60) day period, then
Tenant shall have the following remedies:
A.
TENANT MAY PROCEED IN EQUITY OR AT LAW TO COMPEL LANDLORD TO
PERFORM ITS OBLIGATIONS AND/OR TO RECOVER DAMAGES PROXIMATELY CAUSED BY SUCH
FAILURE TO PERFORM (EXCEPT TO THE EXTENT TENANT HAS WAIVED ITS RIGHT TO DAMAGES
RESULTING FROM INJURY TO PERSON OR DAMAGE TO PROPERTY AS PROVIDED HEREIN).
B.
TENANT MAY CURE ANY DEFAULT OF LANDLORD AT LANDLORD'S COST AND
DEDUCT THE COST OF SUCH CURE FROM THE NEXT INSTALLMENTS OF RENT AND ANY OTHER
AMOUNTS PAYABLE UNDER THIS LEASE.
ARTICLE 12
TERMINATION
12.1
SURRENDER ON TERMINATION:
UPON TERMINATION OF