under this Lease,
the prevailing party in such litigation shall receive, in addition to its
damages incurred, such sum as the court shall determine as its reasonable
attorneys' fees, and all costs and expenses incurred in connection therewith.
16.2
REMEDIES.
IF AN EVENT OF DEFAULT OCCURS LESSOR SHALL HAVE THE
RIGHT, AT LESSOR'S OPTION, TO ELECT TO DO ANY ONE OR MORE OF THE FOLLOWING
WITHOUT FURTHER NOTICE OR DEMAND TO LESSEE:
(A) TERMINATE THIS LEASE, IN WHICH
EVENT LESSEE SHALL IMMEDIATELY SURRENDER THE LEASED PROPERTY TO LESSOR, AND, IF
LESSEE FAILS TO SO SURRENDER, LESSOR SHALL HAVE THE RIGHT, WITHOUT NOTICE, TO
ENTER UPON AND TAKE POSSESSION OF THE LEASED PROPERTY AND TO EXPEL OR REMOVE
LESSEE AND ITS EFFECTS WITHOUT BEING LIABLE FOR PROSECUTION OR ANY CLAIM FOR
DAMAGES THEREFOR; AND LESSEE SHALL, AND HEREBY AGREES TO, INDEMNIFY LESSOR FOR
ALL LOSS AND DAMAGE WHICH LESSOR SUFFERS BY REASON OF SUCH TERMINATION,
INCLUDING WITHOUT LIMITATION, DAMAGES IN AN AMOUNT CALCULATED PURSUANT TO
SECTION 16.3 BELOW; OR (B) ENTER UPON AND TAKE POSSESSION OF THE LEASED PROPERTY
WITHOUT TERMINATING THIS LEASE AND WITHOUT BEING LIABLE FOR PROSECUTION OR ANY
CLAIM FOR DAMAGES THEREFOR, AND, IF LESSOR ELECTS, RELET THE LEASED PROPERTY ON
SUCH TERMS AS LESSOR DEEMS ADVISABLE, IN WHICH EVENT LESSEE SHALL PAY TO LESSOR
ON DEMAND THE REASONABLE COSTS OF REPOSSESSING AND RELETTING THE LEASED PROPERTY
AND ANY DEFICIENCY BETWEEN THE RENT PAYABLE HEREUNDER (INCLUDING PERCENTAGE RENT
AS DETERMINED BELOW) AND THE RENT PAID UNDER SUCH RELETTING; PROVIDED, HOWEVER,
THAT LESSEE SHALL NOT BE ENTITLED TO ANY EXCESS PAYMENTS RECEIVED BY LESSOR FROM
SUCH RELETTING AND LESSOR'S FAILURE TO RELET THE LEASED PROPERTY SHALL NOT
RELEASE OR AFFECT LESSEE'S LIABILITY FOR RENT OR FOR DAMAGES; OR (C) ENTER THE
LEASED PROPERTY WITHOUT TERMINATING THIS LEASE AND WITHOUT BEING LIABLE FOR
PROSECUTION OR ANY CLAIM FOR DAMAGES THEREFOR AND MAINTAIN THE LEASED PROPERTY
AND REPAIR OR REPLACE ANY DAMAGE THERETO OR DO ANYTHING FOR WHICH LESSEE IS
RESPONSIBLE HEREUNDER.
LESSEE SHALL REIMBURSE LESSOR IMMEDIATELY UPON DEMAND
FOR ANY EXPENSE WHICH LESSOR INCURS IN THUS EFFECTING LESSEE'S COMPLIANCE UNDER
THIS LEASE, AND LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY DAMAGES WITH
RESPECT THERETO.
LESSEE HEREBY WAIVES ANY AND ALL REQUIREMENTS OF APPLICABLE
LAWS FOR SERVICE OF NOTICE TO RE-ENTER THE LEASED PROPERTY.
EXCEPT AS MAY BE
REQUIRED UNDER APPLICABLE LAW, LESSOR SHALL BE UNDER NO OBLIGATION TO, BUT MAY
IF IT SO CHOOSES, RELET THE LEASED PROPERTY OR OTHERWISE MITIGATE LESSOR'S
DAMAGES.
39
16.3
DAMAGES.
NEITHER (A) THE TERMINATION OF THIS LEASE (WHICH SHALL
NOT INCLUDE THE EXPIRATION OF THE TERM PURSUANT TO THE EXPRESS PROVISIONS
HEREOF), (B) THE REPOSSESSION OF THE LEASED PROPERTY, (C) THE FAILURE OF LESSOR
TO RELET THE LEASED PROPERTY, NOR (D) THE RELETTING OF ALL OR ANY PORTION
THEREOF, SHALL RELIEVE LESSEE OF ITS LIABILITY AND OBLIGATIONS HEREUNDER, ALL OF
WHICH SHALL SURVIVE ANY SUCH TERMINATION, REPOSSESSION OR RELETTING.
IN THE
EVENT OF ANY SUCH TERMINATION, LESSEE SHALL FORTHWITH PAY TO