Premises-immediately. - If Tenant-defaults-under the Lease for-any-other reason, as set-forth-in-sections XIV(B)(2) or.(3).above - Landlord may terminate -Tenants-rights under the Lease-and-Tenant-shall vacate the Premis*519es within 7 days of delivery of the not-iee-of termination.
& - If-Tenant-fails- to cure a default within-the-time specified in the notice to Tenant, Landlord may recover possession of-the-Premises as provided by law.
4 - Landlord-shall-not-recover posses-sio-n-of-fhe-Premises-except:
Sr. - in a lawsuit for possession;-
1⁄8 - when - Tenant has surrendered possession-of - the-Premises to Landlord; or
S-. - when Tenant-has-abandoned the Premises. - Absent - actual-- knowledge of abandonment, the-Premises shall be considered-abandoned if Tenant is absent from them-for-at -least one-half a Rental Installment Period-the-rent is not current, and-Tenant has not notified-Landlord, in writing,- -of an intended absence.
& - If Tenant-has-defaulted under the Lease and Landlord-ha-s-obtained a writ of possession, if Tenant has surrendered possession of the Premises- to Landlord, or if Tenant - has - abandoned - the - Premises,Landlord may:
Sr. - treat the Lease as-terminated, retake possession for Landlord's own ac-eountj-and any further-liability of Tenant wlll-be ended;
1⁄8 - retake possession of the Premises for T-enan-fe-account. - Tenant-will remain liable for the-difference between-rent agreed to be paid-under the Lease and rent Landlord-is-able to recover in good faith-from a new tenant;- or
1⁄8 - do nothing - and- Tenant will be 1-iable-for-the rent as it comes duo.
& - If-Landlord retakes-pos-session of the-Premises for Tenant's account, Landlord must-make a good faith-effort-to release the -Premises. - Any rent -received by Landlord as a result-of-the new lease shall be deducted-from the rent due from Tenant, - For purposes-of-this section^-good faith" in-trying to re-lease-the Premises means that-Landlord shall use-at-least the same - efforts to re-lease the Premises-as were-used in the initial-rental or at least the-same efforts as-Landlord uses in attempting-to-lease.other similar property. It does -not-require Landlord - to-give a preference in leasing - the Premises -over other---vacant properties - that - Landlord owns- or has the-responsibility to rent.
Q-. - Other Remedies. - Each party also may have other remedies available at law or in equity.
ft - Defenses. -I-n-a- -lawsuit-by-Landlord for-possession of the Premises-based upon nonpayment of rent-or in a lawsuit by Landlord- seeking -to-obtain unpaid rent, Tenant may- assert as a defense-Landlord's failure to-perform required - maintenance, as - set - forth in - gestión--111(A) - above. Landlord's -failure to provide -elective maintenance, -as.set -forth in Section VIII(B) above, shall-not be a defense-to-any lawsuit by Landlord-for possession of-the Premises unless-otherwise provided-by-the Lease or - applicable law. - Tenant may also raise any-other-defense, whether legal or equitable;--that Tenant may- have, including the defense or retaliatory-conduct.
3L - Payment of-Rent-to- Court. - In-a-ny ftws-uit-by Landlord for possession of the Premises-if Tenant raises any-defense-other than paymenb-Tenant must pay into the regis-try-of-the court the past-due-rent-set for-th - in - Landlord's - complaint, - or - an amount determined -by the eou-rV-and-the rent whic-h-comes-due- during the lawsuit, as it comes due. - Failure of Tenant to pay the rent i-nto-the-registry of the court will be a waiver -of Tenant's defenses-other than payment.
ft - Attorney's - Fees. - In any lawsuit brought to enforce - the - Lease-or under applicable - law - the-party who vans may *520recover its-raasonable