OR (II)(B) ABOVE, LANDLORD SHALL HAVE THE
RIGHT TO RELET ANY OF THE LEASED PREMISES TO SUCH TENANT OR TENANTS, FOR SUCH
TERM OR TERMS, FOR SUCH RENT, ON SUCH CONDITIONS AND FOR SUCH USES AS LANDLORD
IN ITS SOLE DISCRETION MAY DETERMINE, AND COLLECT AND RECEIVE ANY RENTS PAYABLE
BY REASON OF SUCH RELETTING.
LANDLORD MAY MAKE SUCH ALTERATIONS IN CONNECTION
WITH SUCH RELETTING AS IT MAY DEEM ADVISABLE IN ITS SOLE DISCRETION.
NOTWITHSTANDING ANY SUCH RELETTING, LANDLORD MAY COLLECT THE DAMAGES SET FORTH
IN PARAGRAPH 23(B)(II).
LANDLORD SHALL CONSIDER, IN ITS GOOD FAITH BUSINESS
JUDGMENT, ANY REPUTABLE TENANTS OR SUBTENANTS PROPOSED BY TENANT THAT HAVE A
FINANCIAL CONDITION COMMENSURATE WITH THE FINANCIAL OBLIGATIONS THAT WOULD BE
IMPOSED BY THE PROPOSED LEASE OR SUBLEASE AND ARE PREPARED TO LEASE OR SUBLET
THE LEASED PREMISES, BUT LANDLORD SHALL BE UNDER NO OBLIGATION TO ACCEPT SUCH
PROPOSED TENANTS OR SUBTENANTS AND THIS PROVISION SHALL NOT ALTER THE PROVISIONS
OF PARAGRAPH 23(D) BELOW OR IMPOSE ANY ADDITIONAL OBLIGATIONS ON LANDLORD.
(E)
LANDLORD MAY DECLARE BY NOTICE TO TENANT THE
ENTIRE BASIC RENT (IN THE AMOUNT OF BASIC RENT THEN IN EFFECT PLUS THE AGREED
AND REASONABLE ASSUMED INCREASES OF 2.25% ON EACH BASIC RENT ADJUSTMENT DATE FOR
THE REMAINDER OF THE THEN CURRENT TERM TO BE IMMEDIATELY DUE AND PAYABLE.
TENANT SHALL IMMEDIATELY PAY TO LANDLORD ALL SUCH BASIC RENT DISCOUNTED TO ITS
PRESENT VALUE, ALL ACCRUED RENT THEN DUE AND UNPAID, ALL OTHER MONETARY
OBLIGATIONS WHICH ARE THEN DUE AND UNPAID AND ALL MONETARY OBLIGATIONS WHICH
ARISE OR BECOME DUE BY REASON OF SUCH EVENT OF DEFAULT (INCLUDING ANY COSTS OF
LANDLORD).
UPON RECEIPT BY LANDLORD OF ALL SUCH ACCELERATED BASIC RENT AND
MONETARY OBLIGATIONS, THIS LEASE SHALL REMAIN IN FULL FORCE AND EFFECT AND
TENANT SHALL HAVE THE RIGHT TO POSSESSION OF THE LEASED PREMISES FROM THE DATE
OF SUCH RECEIPT BY LANDLORD TO THE END OF THE TERM, AND SUBJECT TO ALL THE
PROVISIONS OF THIS LEASE, INCLUDING THE OBLIGATION TO PAY ALL INCREASES IN BASIC
RENT AND ALL
47
MONETARY OBLIGATIONS THAT SUBSEQUENTLY BECOME DUE, EXCEPT THAT (A) NO BASIC RENT
WHICH HAS BEEN PREPAID HEREUNDER SHALL BE DUE THEREAFTER DURING THE SAID TERM,
AND (B) TENANT SHALL HAVE NO OPTION TO EXTEND OR RENEW THE TERM.
(B)
THE FOLLOWING CONSTITUTE DAMAGES TO WHICH
LANDLORD SHALL BE ENTITLED (IF AND TO THE EXTENT PERMITTED BY APPLICABLE LAW) IF
LANDLORD EXERCISES ITS REMEDIES UNDER PARAGRAPH 23(A)(I), OR PARAGRAPH
23(A)(II) CLAUSES (A), (B), (C) OR (D), AS THE CASE MAY BE:
(I)
IF LANDLORD EXERCISES ITS REMEDIES UNDER
THE LANDLORD MORTGAGE UNDER PARAGRAPH 23(A)(I) THEN, UPON WRITTEN DEMAND FROM
LANDLORD, TENANT SHALL PAY TO LANDLORD, AS LIQUIDATED AND AGREED FINAL DAMAGES
FOR TENANT'S DEFAULT AND IN LIEU OF ALL CURRENT DAMAGES BEYOND THE DATE OF SUCH
DEMAND (IT BEING AGREED THAT IT WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO
FIX THE ACTUAL DAMAGES), AN AMOUNT EQUAL TO THE SUM OF (X) THE APPLICABLE
DEFAULT TERMINATION YIELD, PLUS (Y) THE