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shall not be entitled to possession of the Office and shall
immediately vacate the Office and surrender same to
B. It is expressly agreed that in the event of a
termination of this Lease pursuant to “A” above,
notwithstanding any other provision contained in this
Lease, Landlord shall be entitled to receive from Tenant,
as and for liquidated damages, the higher of (1) the
maximum amount permitted by law or (2) an amount
equal to the difference between the Rent from the date of
termination as set forth pursuant to “A” above to the
Termination Date and the fair and reasonable market rent
for the same period of time. In computing such amount,
the same shall be discounted at the rate of three (3%)
percent. If the Office shall be re-rented during that period
of time, the rent paid under the re-rental agreement shall
be conclusive proof of the reasonable market rent.
21. Remedies
In the event of any default, re-entry by Landlord,
termination and/or eviction by summary proceedings or
otherwise (a) Rent and Additional Rent up to the date of
such re-entry and/or eviction or termination shall be due,
(b) Landlord may re-rent the Office, in whole or in part, for
a term equal to or in excess of the Termination Date, and
Landlord may be free to grant such concessions or
charge rent in excess of the Rent as the Landlord sees
fit, and/or (c) Tenant shall be obligated to Landlord for
liquated damages (“Liquidated Damages”) for such
default, termination and/or eviction in an amount equal to
the difference between the Rent and the rent to be
charged up to the Termination Date and any charges
incurred by Landlord including, but not limited to
reasonable attorneys’ fees, litigation costs and expenses,
brokers’ fees, advertising fees, maintenance charges in
keeping the Office in good condition and charges
incurred in getting the Office in a condition for such re-
renting. Landlord’s failure to re-rent the Office shall not
affect or release Tenant form said liquidated damages.
The Liquidated Damages shall be paid in monthly
installment when Rent is due prorated over the remaining
term of this Lease. Landlord may, in getting the Office in
condition for such re-renting, make such alterations,
repairs and/or decorations in the Office as in Landlord’s
sole judgment are necessary and such undertakings by
Landlord shall not release Tenant from liability under the
terms, conditions and provisions of this Lease. Landlord
shall in no way be liable to Tenant for failing to re-let the
Office or to collect rent from the new tenant. The rights
afforded Landlord under this Paragraph are not exclusive
and Landlord may avail itself of any and all remedies
available to it under law. Tenant expressly waives any
right of redemption Tenant may now have or will have
should Tenant be evicted from the Office or dispossessed
22. Fees and Expenses
Should Tenant default under any of the terms,
conditions and/or provisions of this Lease, Landlord may,
after giving notice if required and upon the expiration of
any grace period set forth in this Lease, immediately and
without prior notice to Tenant perform or cause to be
performed Tenant’s obligations. If in connection with the
aforesaid, Landlord incurs any cost and/or expense or
becomes obligated to pay money as a result thereof,
including but not limited to legal fees, reasonable
attorneys’ fees, litigation expenses, Tenant shall pay to
Landlord such monies, with interest. The foregoing cost,
expense or payment of money by Landlord shall be
Additional Rent and shall be paid by Tenant within fifteen
(15) days from the date Landlord bills Tenant. Should
these billed amounts come subsequent to the
Termination Date, Landlord may institute proceedings
against Tenant for the recovery of same.
23. Access
Landlord or Landlord’s agents, servants and/or
employees may enter the Office for emergency purposes
at any time and at any other reasonable time in order to
make inspections and/or make repairs, alterations or
additions as Landlord deems proper and/or necessary to
the Office and/or the Premises. Tenant grants Landlord
the right to use the Office to replace and/or maintain the
HVAC services and facilities. For this purpose, Landlord
may bring into the Office all necessary materials and
supplies and same shall not be deemed to give Tenant
any right to claim an actual or constructive eviction or any
right to an abatement of Rent and Additional Rent or to a
claim for damages as a result of loss of or interruption of
Tenant’s business. During the term of this Lease,
Landlord shall have the right to enter the Office, at
reasonable times and upon reasonable notice, for the
purpose of exhibiting same to prospective purchasers
and mortgagees. Landlord shall also have the right,
within the six months prior to the Termination Date, to
enter the Office for the purpose of exhibiting same to
prospective tenants. Should Tenant not be present to
allow access to the Office, Landlord may enter the Office
by using a master key or by force providing Landlord
exercises reasonable care to insure Tenant’s property
and such entry shall not subject Landlord or its agents
liable for any damages as result thereof and the
obligations of Tenant under the terms, conditions and/or
provisions of this Lease shall not be affected thereby.
Should Tenant entirely vacate the Office within thirty (30)
days of the Termination Date, Landlord may enter the
Office and make such alterations, repairs, additions or
changes without affecting Tenant’s obligations under this
Lease, including, but not limited to Tenant’s obligation to
pay Rent and Additional Rent or creating liability for
Landlord to Tenant.
24. Waiver
The failure by Landlord to seek redress or any
remedy for Tenant’s default under any of the terms,
conditions and/or provisions of this Lease or of any rule
imposed and declared by Landlord shall not constitute a
waiver by Landlord for any future defaults or violations.
Landlord’s receipt of Rent and Additional Rent at a time
when Landlord has knowledge or should have knowledge
of any default or violation shall not be deemed a waiver
thereof. Only a written waiver signed by Landlord shall
be effective and binding upon Landlord. Any Rent and/or
Additional Rent received by Landlord which is less than
the amount due shall be deemed to be “on account” and
any notation or statement on Tenant’s check shall be
deemed payment in full or accord and satisfaction and
Landlord may accept such payment without prejudice to
Landlord’s right to pursue such available remedy for the
balance of same or for any other remedy afforded
Landlord under the terms, provisions and/or conditions of
this Lease. Only a surrender of the Office in writing
signed by Landlord shall be effective and binding upon
Landlord and/or Tenant and such surrender must be
made to Landlord or Landlord’s authorized agent. An
acceptance of a surrender of the Office and keys to same
by persons other than Landlord or its authorized agent
shall be effective as a termination of this Lease.
25. Landlord’s Inability To Perform
Tenant’s obligation to pay Rent and Additional Rent
and/or to comply with any of the terms, provisions and/or
conditions of this Lease as well as the Lease itself shall
not be affected, impaired, amended or excused due to
Landlord’s inability to perform any of its obligations
contained in this Lease, or to supply any if delayed in
supplying any service or item or is unable to make, or is
delayed in the making of any repair, alterations,
additions, or is unable to supply or is delayed in supplying
any equipment, services, fixtures or any other material to
be supplied hereunder, provided that Landlord is unable
to do so because of labor problems, strife or strike or any
other cause whatsoever including, but not limited to war
or other emergency.
26. Excavations
In the event that there be an authorized excavation
conducted upon lands adjacent to the Premises, Tenant
shall allow the parties conducting same entry into the
Office for the purpose of performing necessary work as
such party deems necessary to shore up and/or preserve
the wall of the Premises from damage including but not
limited to supporting the existing exterior walls and
foundations. Tenant further agrees to waive any right
Tenant may have to make a claim for damages caused
thereby or indemnity therefore from that party or Landlord
or for an abatement of Rent and/or Additional Rent.
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