OF ALL
LANDLORD'S REASONABLE EXPENSES OF RELETTING), TENANT SHALL, IN LANDLORD'S SOLE
JUDGMENT, EITHER (I) PAY ANY SUCH DEFICIENCY MONTHLY OR (II) PAY SUCH DEFICIENCY
ON AN ACCELERATED BASIS, WHICH ACCELERATED DEFICIENCY SHALL BE DISCOUNTED AT A
RATE OF 6% PER ANNUM.
IF LANDLORD ELECTS TO PURSUE ITS RIGHTS AND REMEDIES
UNDER SUBSECTION (B) ABOVE, AND LANDLORD FAILS TO RELET THE PREMISES, THEN
TENANT SHALL PAY TO LANDLORD THE SUM OF (X) THE PROJECTED COSTS OF LANDLORD'S
EXPENSES OF RELETTING (INCLUDING THE ANTICIPATED COSTS OF REPAIRS, ALTERATIONS,
IMPROVEMENTS, ADDITIONS, LEGAL FEES AND BROKERAGE COMMISSIONS) AS REASONABLY
ESTIMATED BY LANDLORD AND (Y) THE ACCELERATED AMOUNT OF BASE RENT AND ADDITIONAL
RENT DUE UNDER THE LEASE FOR THE BALANCE OF THE TERM, DISCOUNTED TO PRESENT
VALUE AT A RATE OF 6% PER ANNUM.
TENANT AGREES THAT LANDLORD MAY FILE SUIT TO
RECOVER ANY SUMS DUE TO LANDLORD HEREUNDER FROM TIME TO TIME AND THAT SUCH SUIT
OR RECOVERY OF ANY AMOUNT DUE LANDLORD HEREUNDER SHALL NOT BE ANY DEFENSE TO ANY
SUBSEQUENT ACTION BROUGHT FOR ANY AMOUNT NOT THERETOFORE REDUCED TO
13
JUDGMENT IN FAVOR OF LANDLORD.
IF LANDLORD ELECTS TO PURSUE ITS RIGHTS AND
REMEDIES UNDER SUBSECTION (B), THEN LANDLORD SHALL AT ANY TIME HAVE THE FURTHER
RIGHT AND REMEDY TO RESCIND SUCH ELECTION AND PURSUE ITS RIGHTS AND REMEDIES
UNDER SUBSECTION (A).
IN THE EVENT LANDLORD ELECTS, PURSUANT TO CLAUSE (B) OF
THIS SECTION 22.2, TO TERMINATE TENANT'S RIGHT OF POSSESSION ONLY, WITHOUT
TERMINATING THIS LEASE, LANDLORD MAY, AT LANDLORD'S OPTION, ENTER INTO THE
PREMISES, REMOVE TENANT'S PROPERTY, TENANT'S SIGNS AND OTHER EVIDENCES OF
TENANCY, AND TAKE AND HOLD POSSESSION THEREOF, AS PROVIDED IN SECTION 20 HEREOF;
PROVIDED, HOWEVER, THAT SUCH ENTRY AND POSSESSION SHALL NOT TERMINATE THIS LEASE
OR RELEASE TENANT, IN WHOLE OR IN PART, FROM TENANT'S OBLIGATION TO PAY THE BASE
RENT AND ADDITIONAL RENT RESERVED HEREUNDER FOR THE FULL TERM, OR FROM ANY OTHER
OBLIGATION OF TENANT UNDER THIS LEASE.
ANY AND ALL PROPERTY THAT MAY BE REMOVED
FROM THE PREMISES BY LANDLORD PURSUANT TO THE AUTHORITY OF THE LEASE OR OF LAW,
TO WHICH TENANT IS OR MAY BE ENTITLED, MAY BE HANDLED, REMOVED OR STORED BY
LANDLORD AT THE SOLE RISK, COST AND EXPENSE OF TENANT, AND IN NO EVENT OR
CIRCUMSTANCE SHALL LANDLORD BE RESPONSIBLE FOR THE VALUE, PRESERVATION OR
SAFEKEEPING THEREOF.
TENANT SHALL PAY TO LANDLORD, UPON DEMAND, ANY AND ALL
EXPENSES INCURRED IN SUCH REMOVAL AND ALL STORAGE CHARGES AGAINST SUCH PROPERTY
SO LONG AS THE SAME SHALL BE IN LANDLORD'S POSSESSION OR UNDER LANDLORD'S
CONTROL.
ANY SUCH PROPERTY OF TENANT NOT RETAKEN FROM STORAGE BY TENANT WITHIN
30 DAYS AFTER THE END OF THE TERM, HOWEVER TERMINATED, SHALL BE CONCLUSIVELY
PRESUMED TO HAVE BEEN CONVEYED BY TENANT TO LANDLORD UNDER THIS LEASE AS IN A
BILL OF SALE, WITHOUT FURTHER PAYMENT OR CREDIT BY LANDLORD TO TENANT.
For purposes of determining any recovery of rent or damages by Landlord that
depends upon what Landlord could collect by using reasonable