Common use of Lessor’s Remedies Clause in Contracts

Lessor’s Remedies. Upon the occurrence of any one or more of such events of default, Lessor may terminate this Lease. Upon termination of this Lease, Lessor may reenter the Leased Premises, with or without process of law and using such force as may be necessary, and remove all persons, fixtures, and chattels therefrom and Lessor shall not be liable for any damages resulting therefrom. Such re-entry and repossession shall not work a forfeiture of the rents to be paid and the covenants to be performed by Lessee during the full term of this Lease. Upon such repossession of the Leased Premises, Lessor shall be entitled to recover as liquidated damages and not as a penalty a sum of money equal to the value of the rent and other sums provided herein to be paid by Lessee to Lessor for the remainder of the Lease term. Upon the happening of any one or more of the above-mentioned events, Lessor may repossess the Leased Premises by forcible entry or detainer suit, or otherwise, without demand or notice of any kind to Lessee (except as hereinabove expressly provided for) and without terminating this Lease, in which event Lessor may, but shall be under no obligation so to do, relet all or any part of the Leased Premises for such rent and upon such terms as shall be satisfactory to Lessor, including the right to relet the Leased Premises for a term greater or lesser than that remaining under the Lease term, and the right to relet the Leased Premises as part of a larger area, and the right to change the character or use made of the Leased Premises. For the purpose of such reletting, Lessor may decorate or make any repairs, changes, alterations or additions in or to the Leased Premises that may be necessary or convenient If Lessor does not relet the Leased Premises, Lessee shall not be obligated to pay any further amounts to Lessor, and, as its sole remedy, Lessor shall be entitled to retain any rent or other amounts paid in advance as liquidated damages if the default occurs during the initial term of this Lease. If the default occurs during any holdover period, rent shall continue to be due and payable pursuant to Section 18.3. If the Leased Premises are relet, then any sums realized from such reletting, after paying all of the reasonable expenses of such reletting and the collection of the rent accruing therefrom (including, but not by way of limitation, redecorations, repairs, changes, alterations, additions, attorneys' fees and brokers' commissions), up to the amount of prepaid rent held by Lessor, shall be paid to Lessee. If default shall be made in any covenant, agreement, condition or undertaking herein contained to be kept, observed and performed by Lessee, other than the making of any payments as herein provided which cannot with due diligence be cured within a period of thirty (30) days, and if notice thereof in writing shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such notice, commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and do all work required to cure such default and does so cure such default, then Lessor shall not have the right to declare the term ended by reason of such default or to repossess without terminating the Lease, provided that the curing of any default in such manner shall not be construed to limit or restrict the right of Lessor to declare the term ended or to repossess without terminating the Lease, and to enforce all of its rights and remedies hereunder for any other default not so cured.

Lessor’s Remedies. (1) In the event of such default described above, Lessor shall have no further obligation to lease vehicles to Lessee and, at the option of Lessor, all rights of Lessee hereunder and in and to the Vehicles shall forthwith terminate. Upon the occurrence such termination Lessee agrees that Lessor may, without notice to Lessee, either take possession of any one or more all Vehicles (with or without legal process) or require Lessee to return all Vehicles forthwith to Lessor at such location as Lessor shall designate. Lessee authorizes Lessor and Lessor's agents to enter any premises where the Vehicles may be found for the purpose of repossessing the same. If Lessor retakes possession of any of the Vehicles and at the time of such events retaking there shall be in, upon, or attached to the Vehicles any property, goods, or things of defaultvalue belonging to Lessee or in the custody or control of Lessee, Lessor is hereby authorized to take possession of such property, goods, and things of value and hold the same for Lessee or to place such property, goods, or things of value in public storage for the account of, and the expense of, Lessee. Lessor may terminate at its option (i) sell any or all of the Vehicles which are returned or repossessed pursuant to this Lease. Upon Section and hold Lessee liable for Adjusted Rental as provided in Section 9, or (ii) lease any or all of the Vehicles to a person other than Lessee for such term and such rental as Lessor may elect in its sole discretion, and apply the proceeds of such lease, after first deducting all costs and expenses relating to the termination of this Lease, Lessor may reenter Lease and the Leased Premises, with or without process of law and using such force as may be necessary, and remove all persons, fixtures, and chattels therefrom and Lessor shall not be liable for any damages resulting therefrom. Such re-entry and repossession shall not work a forfeiture retaking of the rents Vehicles, to be paid and the covenants Lessee's obligations hereunder; provided, however, that Lessee shall pay to be performed by Lessee during the full term of this Lease. Upon such repossession of the Leased PremisesLessor immediately upon demand, Lessor shall be entitled to recover as liquidated damages for loss of bargain and not as a penalty penalty, a sum with respect to each such Vehicle which represents the excess of money the present value at the time of termination of all Monthly Rentals which would otherwise have accrued hereunder to the end of the Maximum Term for such Vehicle over the present value of the aggregate of the rentals to be paid for such Vehicle by such third party for such period (such present values to be computed in each case on the basis of a discount factor equal to the value of Prime Rate in effect on the rent and date this Lease is terminated by Lessor, from the respective dates upon which such Monthly Rentals would have been payable hereunder had this Lease not been terminated). In addition to the other sums provided herein to be paid by Lessee to Lessor for the remainder of the Lease term. Upon the happening of remedies set forth herein, if any one or more of the above-mentioned events, Lessor may repossess the Leased Premises by forcible entry or detainer suit, or otherwise, without demand or notice of any kind to Lessee (except as hereinabove expressly provided for) and without terminating this Lease, in which event Lessor may, but shall be under no obligation so to do, relet all or any part of the Leased Premises for such rent and upon such terms as shall be satisfactory Vehicle is not returned to Lessor, including or if Lessor is prevented from taking possession thereof, Lessee shall pay to Lessor immediately upon demand Adjusted Rental as provided in Section 9, as if such Vehicle had been sold on the right to relet the Leased Premises for a term greater or lesser than that remaining under the date this Lease termwas terminated, and the right amount of net sale proceeds therefor were zero. As used herein, the Prime Rate shall mean the Prime Rate as published from time to relet time in the Leased Premises Money Rates section of The Wall Street Journal as part the base rate on corporate loans. If more that one Prime Rate or a range of a larger arearates is published, and the right to change Prime Rate will be the character or use made highest of the Leased Premisespublished rates. For In the purpose event the Prime Rate as published in The Wall Street Journal ceases to exist or The Wall Street Journal ceases publishing a Prime Rate, CITICAPITAL will substitute a comparable index which is outside the control of such relettingCITICAPITAL. In the event of an error by The Wall Street Journal, the Prime Rate will be based upon the Prime Rate as corrected. Lessor may decorate or make sell any repairs, changes, alterations or additions in or Vehicle without giving any warranties as to the Leased Premises that Vehicle. Lessor may be necessary disclaim any warranties of title, possession, quiet enjoyment, or convenient If Lessor does not relet the Leased Premises, Lessee shall like. This procedure will not be obligated considered to pay adversely affect the commercial reasonableness of any further amounts to Lessor, and, as its sole remedy, Lessor shall be entitled to retain any rent or other amounts paid in advance as liquidated damages if the default occurs during the initial term of this Lease. If the default occurs during any holdover period, rent shall continue to be due and payable pursuant to Section 18.3. If the Leased Premises are relet, then any sums realized from such reletting, after paying all sale of the reasonable expenses of such reletting and the collection of the rent accruing therefrom (including, but not by way of limitation, redecorations, repairs, changes, alterations, additions, attorneys' fees and brokers' commissions), up to the amount of prepaid rent held by Lessor, shall be paid to Lessee. If default shall be made in any covenant, agreement, condition or undertaking herein contained to be kept, observed and performed by Lessee, other than the making of any payments as herein provided which cannot with due diligence be cured within a period of thirty (30) days, and if notice thereof in writing shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such notice, commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and do all work required to cure such default and does so cure such default, then Lessor shall not have the right to declare the term ended by reason of such default or to repossess without terminating the Lease, provided that the curing of any default in such manner shall not be construed to limit or restrict the right of Lessor to declare the term ended or to repossess without terminating the Lease, and to enforce all of its rights and remedies hereunder for any other default not so curedVehicle.

Lessor’s Remedies. Upon default by the occurrence Lessee, each of the following remedies shall accrue immediately to the Lessor, in addition to any other remedies available to it by law. All such remedies are cumulative and not alternative nor exclusive one of the other. The exercise of one or more remedies shall not operate to prevent the Lessor from exercising other remedies. The Lessor’s omission to enforce any of such events its rights or remedies or any of default, the Lessor’s obligations shall not be a waiver thereof and not affect the Lessor’s rights and the Lessee’s obligations thereafter. The Lessor’s remedies shall only expire and the Lessee’s obligations shall only be satisfied when the Lessor receives in cash all moneys payable hereunder Action - The Lessor may terminate this Leasexxx the Lessee to recover any unpaid amounts payable hereunder but other remedies shall not merge in any judgment obtained, Repossession - If requested to do so by the Lessor. Upon The Lessee shall surrender possession of the Equipment to the Lessor and if the Lessee fails to do so the Lessor may recover possession of the Equipment by process of [YOUR COUNTRY LAW]. The Lessee hereby releases the Lessor from all liability for damage from so doing and indemnifies and covenants to same the Lessor harmless from and against all claims for such damage. Any taking of possession pursuant hereto shall not constitute a termination of this Leaselease as to any or all items of Equipment unless the Lessor expressly notifies the Lessee to that effect, Sale or Re-lease - After repossessing the Equipment, the Lessor may reenter the Leased Premises, with sell or without process of law and using such force as may be necessary, and remove all persons, fixtures, and chattels therefrom and Lessor shall not be liable for any damages resulting therefrom. Such re-entry and repossession shall not work a forfeiture of lease the rents Equipment publicly or privately to be paid and the covenants to be performed by Lessee during the full term of this Lease. Upon such repossession of the Leased Premises, Lessor shall be entitled to recover as liquidated damages and not as a penalty a sum of money equal to the value of the rent and other sums provided herein to be paid by Lessee to Lessor for the remainder of the Lease term. Upon the happening of any one or more of the above-mentioned events, Lessor may repossess the Leased Premises by forcible entry or detainer suit, or otherwise, without demand or notice of any kind to Lessee (except as hereinabove expressly provided for) and without terminating this Leaseperson, in which event Lessor may, but shall be under no obligation so to do, relet all or any part of the Leased Premises for such rent manner and upon such terms as the Lessor deems in the best interest of [COMPANY NAME]. Redemption - The Lessee may cure its default at any tie prior to the sale or re-lease upon tendering to the Lessor the total of all amounts due and to fall due hereunder plus all the Lessor’s reasonable expenses in repossession, repair and proceeding for sale or re-lease including legal costs and fees on a solicitor-and-his-client basis, Proceeds of Sale or Re-Lease - Proceeds of any sale or re-sale shall, as and when received by the Lessor, be applied first to the expense of the Lessor to repossess, repair and sell or re-lease, a reasonable commission for sale or re-release, if incurred (hereby expressly authorized), all reasonable legal costs and fees, accrued over due interest then to the rentals payable hereunder, Any Surplus - Of the net proceeds or any sale or re-lease shall belong to the Lessor and any deficiency of the net proceeds after a sale or re-lease shall be satisfactory to Lessor, including payable forthwith by the right to relet the Leased Premises for a term greater or lesser than that remaining under the Lease term, and the right to relet the Leased Premises as part of a larger area, and the right to change the character or use made of the Leased Premises. For the purpose of such reletting, Lessor may decorate or make any repairs, changes, alterations or additions in or Lessee to the Leased Premises that may be necessary or convenient If Lessor does not relet the Leased Premises, Lessee shall not be obligated to pay any further amounts to Lessor, and, as its sole remedy, Lessor shall be entitled to retain any rent or other amounts paid in advance as liquidated damages if the default occurs during the initial term of this Lease. If the default occurs during any holdover periodLessee does not pay such deficiency, rent shall continue to be due and payable pursuant to Section 18.3. If the Leased Premises are relet, then any sums realized from such reletting, after paying all of the reasonable expenses of such reletting and the collection of the rent accruing therefrom (including, but not by way of limitation, redecorations, repairs, changes, alterations, additions, attorneys' fees and brokers' commissions), up to the amount of prepaid rent held by Lessor, shall be paid to Lessee. If default shall be made in any covenant, agreement, condition or undertaking herein contained to be kept, observed and performed by Lessee, other than the making of any payments as herein provided which cannot with due diligence be cured within a period of thirty (30) days, and if notice thereof in writing shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such notice, commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and do all work required to cure such default and does so cure such default, then Lessor shall not have the right to declare the term ended by reason of such default or to repossess without terminating the Lease, provided that the curing of any default in such manner shall not be construed to limit or restrict the right of Lessor to declare the term ended or to repossess without terminating the Lease, and to enforce all of its rights and remedies hereunder may xxx for any other default not so curedits.

Lessor’s Remedies. Upon Lessee's default, Lessee shall be liable for, and shall pay Lessor upon demand, the occurrence sum of the following as liquidated damages: (1) any one Lease payments or more other amounts due and owing as of the xxxx of default; plus (2) the balance of the Lease payments Lessee would have paid had the Lease gone to full term (less a deduction for the time value of such events payments computed in accordance with the simple interest method); plus (3) the Residual Value as set forth in the Schedule(s) (less a deduction for the time value of such payments computed in accordance with the simple interest method); plus (4) an amount equal to one monthly Lease payment; plus (5) any and all commissions, fees or other amounts paid by Lessor as consideration for the assignment of this Lease (collectively, the "Default Liability"). In the event of Lessee's default, Lessee agrees to surrender the Equipment to Lessor at such location as Lessor may designate, and agrees that Lessor may lake possession of the Equipment wherever the same may be found, whether on Lessee's premises or elsewhere, in accordance with applicable law. Lessee further agrees that any and all rights or interests Lessee may have in the Equipment shall be extinguished upon Lessee's default. If Lessor obtains possession of the Equipment following Lessee's default, Lessor shall dispose of the Equipment by public or private sale in the wholesale or retail market, and such disposition may terminate this Lease. Upon termination of this Lease, Lessor may reenter the Leased Premises, be with or without process notice to Lessee. Lessor may advertise and sell repossessed Equipment through xxx.xxxxxxxxxxxxxxxxxx.xxx or other internet websites through which equipment or motor vehicles similar to the Equipment is sold and such disposition shall be deemed in conformity with reasonable commercial practice among dealers of law and using the type of property that was the subject of the disposition. Following any such force as sale, Lessor shall deduct from the Default Liability the amount of any proceeds obtained upon disposition of the Equipment, less any costs or expenses incurred by Lessor in connection with the repossession, storage, restoration and/or disposition of the Equipment. Lessor may be necessaryassess, and remove all personsLessee will be liable for, fixturesinterest on the total amounts Lessee may owe to Lessor from time to time by reason of Lessee's default at the rate of eighteen percent (18%) per annum, unless a lower rate is required by applicable law, in which case that rate shall apply, both before and chattels therefrom after judgment. Lessee understands and agrees that the remedies provided under this Lease in favor of Lessor upon default shall not be liable for any damages resulting therefrom. Such re-entry and repossession shall not work a forfeiture of the rents to be paid and the covenants to be performed by Lessee during the full term of this Lease. Upon such repossession of the Leased Premises, Lessor shall be entitled to recover as liquidated damages and not as a penalty a sum of money equal to the value of the rent and other sums provided herein to be paid by Lessee to Lessor for the remainder of the Lease term. Upon the happening of any one or more of the above-mentioned events, Lessor may repossess the Leased Premises by forcible entry or detainer suit, or otherwise, without demand or notice of any kind to Lessee (except as hereinabove expressly provided for) and without terminating this Lease, in which event Lessor mayexclusive, but shall be under no obligation so cumulative and in addition to do, relet all or any part of the Leased Premises for such rent and upon such terms as shall be satisfactory other remedies available to Lessor, including the right to relet the Leased Premises for a term greater whether existing in law, equity or lesser than that remaining under the Lease termbankruptcy. Further, and the right to relet the Leased Premises as part upon any event of a larger area, and the right to change the character or use made of the Leased Premises. For the purpose of such reletting, Lessor may decorate or make any repairs, changes, alterations or additions in or to the Leased Premises that may be necessary or convenient If Lessor does not relet the Leased Premisesdefault, Lessee shall not be obligated authorizes Lessor to notify anyone using the Equipment to pay any further amounts to Lessor, and, as its sole remedy, Lessor shall be entitled to retain any rent or other amounts paid in advance as liquidated damages if the default occurs during the initial term of this Lease. If the default occurs during any holdover period, rent shall continue to be due and payable pursuant to Section 18.3. If the Leased Premises are relet, then any sums realized from such reletting, after paying all of the reasonable expenses of such reletting and the collection of the rent accruing therefrom (including, but not by way of limitation, redecorations, repairs, changes, alterations, additions, attorneys' fees and brokers' commissions), up to the amount of prepaid rent held by Lessor, shall be paid to Lessee. If default shall be made in any covenant, agreement, condition or undertaking herein contained to be kept, observed and performed by Lessee, other than the making of any payments as herein provided which cannot with due diligence be cured within a period of thirty (30) days, and if notice thereof in writing shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such notice, commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and do all work required to cure such default and does so cure such default, then Lessor shall not have the right to declare the term ended by reason of such default or to repossess without terminating the Lease, provided that the curing of any default in such manner shall not be construed to limit or restrict the right of Lessor to declare the term ended or to repossess without terminating the Lease, and to enforce all of its rights and remedies hereunder directly for any other default not so curedof Lessee's obligations. 13.

Lessor’s Remedies. Upon the occurrence of any one or more of such events of default, Lessor may terminate this Lease. Upon termination of this Lease, Lessor may reenter the Leased Premises, with or without process of law and using such force as may be necessary, and remove all persons, fixtures, and chattels therefrom and Lessor shall not be liable for any damages resulting therefrom. Such re-entry and repossession shall not work If a forfeiture of the rents to be paid and the covenants to be performed default by Lessee during the full term of this Lease. Upon such repossession of the Leased Premisesoccurs, Lessor shall be entitled to recover as liquidated damages and not as a penalty a sum of money equal to the value of the rent and other sums provided herein to be paid by Lessee to Lessor for the remainder of the Lease term. Upon the happening of do any one or more of the above-mentioned events, Lessor may repossess the Leased Premises by forcible entry or detainer suit, or otherwise, without demand or notice of any kind to Lessee following at Lessor's option: (except as hereinabove expressly provided fora) and without terminating terminate this Lease, in which event Lessor may, but Lessee shall be under no obligation so to do, relet all or any part immediately surrender possession of the Leased Premises for such rent and upon such terms as shall be satisfactory to Lessor, including the or without terminating this Lease, terminate Lessee's right to relet possession of the Leased Premises, and in either case, reenter, take possession of, and change the locks on the doors of the Premises for a term greater or lesser than that remaining (and Lessor need not make keys to the changed locks available to Lessee); (b) enter the Premises if need be, and/or do whatever Lessee is obligated to do under the terms of this Lease term(and in that event Lessee shall reimburse Lessor on demand for any expenditures by Lessor in effecting compliance with Lessee's obligations under this Lease); (c) if Lessor has terminated this Lease, recover all rent owing and unpaid as of the date of termination plus damages measured by the difference in the rental value of the Premises if this Lease had been fully performed for the balance of the term and the rental value of the Premises following the default (taking into account probable remodeling, lease commission, allowance, inducement, and the other costs of reletting); (d) if Lessor has not terminated this Lease (whether or not Lessor has terminated Lessee's right to relet possession of the Leased Premises as part or actually retaken possession), recover (in one or more suits from time to time or at any time before or after the end of a larger areathe term) all rent owing and unpaid and all costs, if any, incurred in reletting the Premises (including remodeling, lease commission, allowance, inducement, and the right to change the character or use made other costs) less all rent, if any, actually received from any reletting of the Leased Premises. For ; (e) recover all costs of retaking possession of the purpose of such reletting, Lessor may decorate or make Premises and any repairs, changes, alterations or additions in or other damages incidental to the Leased Premises that may be necessary or convenient If Lessor does not relet the Leased Premises, Lessee shall not be obligated to pay any further amounts to Lessor, and, as its sole remedy, Lessor shall be entitled to retain any rent or other amounts paid in advance as liquidated damages if the default occurs during the initial term of this Lease. If the default occurs during any holdover period, rent shall continue to be due and payable pursuant to Section 18.3. If the Leased Premises are relet, then any sums realized from such reletting, after paying Lessee's default; (f) terminate all of the reasonable expenses of such reletting and the collection of the rent accruing therefrom (includingLessee's rights to any allowances or under any renewal, but not by way of limitationextension, redecorationsexpansion, repairs, changes, alterations, additions, attorneys' fees and brokers' commissions), up to the amount of prepaid rent held by Lessor, shall be paid to Lessee. If default shall be made in any covenant, agreement, condition or undertaking herein contained to be kept, observed and performed by Lessee, other than the making of any payments as herein provided which cannot with due diligence be cured within a period of thirty (30) days, and if notice thereof in writing shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such notice, commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and do all work required to cure such default and does so cure such default, then Lessor shall not have the right to declare the term ended by reason of such default or to repossess without terminating the Lease, provided that the curing of any default in such manner shall not be construed to limit or restrict the right of Lessor to declare the term ended or to repossess without terminating the Lease, and to enforce all of its rights and remedies hereunder for any other default not so cured.refusal,

Lessor’s Remedies. Upon the occurrence of any one or more of such events of default, Lessor may terminate this LeaseLease or Lessee’s right to possession. Upon termination of this LeaseLease or Lessee’s right to possession, Lessor may reenter re-enter the Leased leased Premises, with or without process of law and using such force as may be necessarylaw, and remove all persons, fixtures, fixtures and chattels therefrom and Lessor shall not be liable for any damages resulting therefrom. Such re-entry and repossession shall not work a forfeiture of the rents to be paid and the covenants to be performed by Lessee during the full term of this Lease. Upon such repossession of the Leased leased Premises, Lessor shall be entitled to recover as liquidated damages and not as a penalty a sum of money equal to the value of the rent and other sums provided herein to be paid by Lessee to Lessor for the remainder of the Lease term. Upon the happening of any one or more of the above-mentioned events, Lessor may also choose to repossess the Leased leased Premises by forcible entry or detainer suit, or otherwise, without demand or notice of any kind to Lessee (except as hereinabove expressly provided for) and without terminating this Lease, in which event Lessor may, but shall be under no obligation so to do, relet all or any part of the Leased leased Premises for such rent and upon such terms as shall be satisfactory to Lessor, Lessor including the right to relet the Leased leased Premises for a term greater or lesser than that remaining under the Lease term, and the right to relet the Leased leased Premises as part of a larger area, and the right to change the character or use made of the Leased leased Premises. For the purpose of such reletting, Lessor may decorate or make any repairs, changes, alterations alterations, or additions in or to the Leased leased Premises that may be necessary or convenient convenient. If Lessor does not relet the Leased leased Premises, Lessee shall not be obligated pay to pay any further amounts to Lessor, and, as its sole remedy, Lessor shall be entitled to retain any rent or other amounts paid in advance on demand as liquidated damages if and not as a penalty a sum equal to the default occurs during amount of the initial term rent and other sums provided herein to be paid by Lessee for the remainder of this Leasethe Lease term. If the default occurs during any holdover period, rent shall continue to be due and payable pursuant to Section 18.3. If the Leased leased Premises are relet, then any sums relet and a sufficient sum shall not be realized from such reletting, reletting after paying all of the reasonable expenses of such decorations, repairs, changes, alterations, and additions, the expenses of such reletting and the collection of the rent accruing therefrom (including, but not by way of limitation, redecorations, repairs, changes, alterations, additions, attorneys' attorney fees and brokers' broker commissions), up ) to satisfy the amount of prepaid rent held by Lessor, shall herein provided to be paid for the remainder of the Lease term, Lessee shall pay to LesseeLessor on demand any deficiency and Lessee agrees that Lessor may file suit to recover any sums falling due under the terms of this Article from time to time. If default shall be made in any covenant, agreement, condition or undertaking herein contained to be kept, observed and performed by Lessee, other than the making of any payments as herein provided which cannot with due diligence be cured within a period of thirty (30) days, and if notice thereof in writing shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such notice, commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and do all work required to cure such default and does so cure such default, then Lessor shall not have the right to declare the term ended by reason of such default or to repossess without terminating the Lease, provided that the curing of any default in such manner shall not be construed to limit or restrict the right of Lessor to declare the term ended or to repossess without terminating the Lease, and to enforce all of its rights and remedies hereunder for any other default not so cured.pg. 50

Lessor’s Remedies. Upon the occurrence of If any one event set forth in Section 10.2 hereof shall occur, Lessor, in addition to any other rights or more of such events of default, Lessor remedies it may terminate this Lease. Upon termination of this Lease, Lessor may reenter the Leased Premises, with or without process of law and using such force as may be necessary, and remove all persons, fixtures, and chattels therefrom and Lessor shall not be liable for any damages resulting therefrom. Such re-entry and repossession shall not work a forfeiture of the rents to be paid and the covenants to be performed have by Lessee during the full term of this Lease. Upon such repossession of the Leased Premises, Lessor shall be entitled to recover as liquidated damages and not as a penalty a sum of money equal to the value of the rent and other sums provided herein to be paid by Lessee to Lessor for the remainder of the Lease term. Upon the happening of any one or more of the above-mentioned events, Lessor may repossess the Leased Premises by forcible entry or detainer suit, statute or otherwise, without demand or notice of any kind to Lessee (except as hereinabove expressly provided for) and without terminating this Lease, in which event Lessor may, but shall be under no obligation so to do, relet all or any part of the Leased Premises for such rent and upon such terms as shall be satisfactory to Lessor, including the right to relet take no action other than to sue for damages or rental in default, shall have the immediate right xx re-entry and may remove all persons and property from the Leased Premises Premises. Such property may, but need not, be removed and stored in a public warehouse or elsewhere at the cost of and for a term greater the account of Lessee. Should Lessor elect to re-enter by giving notice of such intention to Lessee, as herein provided, or lesser than that remaining under the should Lessor actually take possession by physical act or pursuant to legal proceedings or any notice provided for by law, Lessor may either terminate this Lease term, and the right or may attempt to relet the Leased Premises or any part thereof, including any buildings, improvements or personal property of Lessee located thereon, for the account of Lessee for such term or terms (which may be for a term extending beyond the term of this Lease) and at such rental or rentals payable to Lessor and upon such other terms and conditions as part Lessor in the exercise of a larger areaLessor's sole discretion may deem advisable, and with the right to change make alterations and repairs to said Leased Premises at Lessee's expense for the character or use made of the Leased Premises. For the purpose purposes of such reletting, Lessor may decorate or make any repairs, changes, alterations or additions in or to the Leased Premises that may be necessary or convenient . If Lessor does not elects to re-enter and attempt to relet the Leased Premises, Lessee shall not remain fully liable for all obligations of Lessee under this Lease. Lessor shall give notice of any reletting without termination to Lessee and upon each such reletting (a) Lessee shall be obligated to immediately liable for and shall pay any further amounts to Lessor, andas additional rent and in addition to any other sums due hereunder, as its sole remedythe costs and expenses of such reletting (including advertising costs, brokerage fees, any reasonable attorney's fees incurred and the cost of any alterations and repairs incurred by Lessor), and shall also become immediately liable for and shall pay to Lessor shall be entitled the amount, if any, by which the rent reserved in this Lease for the period of such reletting (up to retain any rent or other amounts paid in advance as liquidated damages if but not beyond the default occurs during the initial term of this Lease) exceeds the amount agreed in such reletting to be paid as minimum rent for the Leased Premises for said period; or (b) at the option of Lessor given in such notice of reletting, rents received by Lessor from such reletting shall be applied first to the payment of any indebtedness other than rent due hereunder from Lessee to Lessor; second, to the payment of the costs and expenses of such reletting (including advertising costs, brokerage fees, any reasonable attorney's fees incurred and the costs incurred for alterations and repairs); third, to the payment of rent and other charges due and unpaid hereunder; and the residue, if any, shall be held without interest to Lessee by Lessor and applied in payment of future rent as the same may become due and payable hereunder. If Lessee has been credited with any rent to be received by reletting under option (a) and such rents shall not be promptly paid to Lessor by the default occurs new tenant, or if rent received from such reletting under option (b) during any holdover periodmonth be less than that to be paid during that month by Lessee hereunder, Lessee shall pay any deficiency to Lessor. Such deficiency shall be calculated and paid upon demand by Lessor; if any such monthly payments are not made upon demand, Lessor may at any time undertake legal proceedings to recover all such payments, whether one or more payments are past due, and Lessee shall be liable for all attorney's fees of Lessor in connection with attempts to recover said payments, whether or not legal proceedings are commenced. No re-entry or taking possession of the Leased Premises by Lessor shall be construed as an election on Lessor's part to terminate this Lease unless a written notice of such intention be given to Lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting or attempted reletting without termination, Lessor may at any time thereafter elect to terminate this Lease for such previous default. Should Lessor at any time terminate this Lease for any default, in addition to any other remedy Lessor may have, Lessor may recover from Lessee all damages Lessor may incur by reason of such default, including the cost of recovering the Leased Premises (including attorney's fees, court costs, and storage charges), the amount of rental payments then in default, the worth at the time of such termination of the excess, if any, of the amount of rent and additional rent reserved in this Lease for the remainder of the stated term over the then reasonable rental value of the Leased Premises for the remainder of the stated term, and any other amount necessary to compensate Lessor for all the detriment proximately caused by Lessee's failure to perform his obligations under this Lease or which in the ordinary course of events would be likely to result therefrom, all of which amounts shall be immediately due and payable from Lessee to Lessor upon demand. The "worth at the time of termination" of any amounts referred to above shall be computed by discounting such amounts in effect at the time of the termination of this Lease. No compensation, damage or allowance shall be made to Lessee upon such termination for any buildings or other improvements located on the Leased Premises, and all right, title and interest of Lessee in or to the Leased Premises and said buildings and other improvements, whether in law or in equity, shall immediately cease and terminate, all with the same force and effect as if the term of this Lease had duly expired. Whenever under this Section Lessee shall be liable for the payment of additional rent to Lessor, for any deficiency in rent received by Lessor upon reletting, or for damages measured by rent, and the amount of the additional percentage rent which would have accrued for a specific period is not known, rent shall continue include the minimum rent for that period plus a sum for additional percentage rent for the period based upon the average annual percentage rental required to be due paid by Lessee during the two annual periods immediately preceding the date of default (or if two full annual periods during which minimum monthly rent payable hereunder have not elapsed, then the period between the date upon which payment of minimum monthly rent under this Lease commenced and payable pursuant the date of such default) with proportionate adjustment for partial annual periods. In addition, Lessee shall be liable for all charges incurred or to Section 18.3be incurred by Lessor during such period for all costs and expenses required to be borne by Lessee hereunder, which charges may be estimated by Lessor on the basis of past charges. If this Lease continues in effect after any payment of rent calculated on the basis of estimates or averages as above provided, including additional percentage rent, Lessee's actual liability for such charges shall be adjusted as any rent from tenants to whom the Leased Premises are relet, then any sums realized relet is received or as the actual amount of additional rent due from such reletting, after paying all of the reasonable expenses of such reletting and the collection of the rent accruing therefrom (includingLessee becomes known. Such adjustments shall be made periodically as Lessor deems appropriate, but not by way less often than yearly, and Lessor shall give Lessee notice of limitation, redecorations, repairs, changes, alterations, additions, attorneys' fees such adjustments and brokers' commissions), up of any amounts due from Lessee to the amount of prepaid rent held by Lessor, which amounts shall be paid to Lessee. If default shall be made in any covenant, agreement, condition or undertaking herein contained to be kept, observed and performed by Lessee, other than the making of any payments as herein provided which cannot with due diligence be cured within a period of thirty (30) days, and if notice thereof in writing shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such notice, commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and do all work required to cure such default and does so cure such default, then Lessor shall not have the right to declare the term ended by reason of such default or to repossess without terminating the Lease, provided that the curing of any default in such manner shall not be construed to limit or restrict the right of Lessor to declare the term ended or to repossess without terminating the Lease, and to enforce all of its rights and remedies hereunder for any other default not so curedpayable on demand.

Lessor’s Remedies. Upon If any Event of Default occurs, Lessor shall have the occurrence right, at the option of Lessor, to terminate this Lease upon three (3) days written notice to Lessee, and thereupon to re-enter and take possession of the Premises. If any one Event of Default occurs, Lessor shall further have the right, at its option, from time to time, without terminating this Lease, to re-enter and relet the Premises, or more any part thereof, as the agent and for the account of Lessee upon such terms and conditions as Lessor may deem advisable or satisfactory, in which event the rents received on such re-letting shall be applied first to the expenses of such events re-letting and collection including, but not limited to, necessary renovation and alterations of defaultthe Premises, reasonable attorneys' fees, any real estate commissions paid, and thereafter toward payment of all sums due or to become due to Lessor hereunder, and if a sufficient sum shall not be thus realized or secured to pay such sums and other charges, (i) at Lessor's option, Lessee shall pay Lessor any deficiency immediately upon demand therefor, and Lessor may terminate this Lease. Upon termination bring an action therefor as such deficiency shall arise, or (ii) at Lessor's option, the present value of the entire deficiency, which is subject to ascertainment for the remaining Term of this Lease, less the amount Lessee proves could have been reasonably avoided by Lessor, shall be immediately due and payable by Lessee. Lessor shall not, in any event, be required to pay Lessee any surplus of any sums received by Lessor on a re-letting of the Premises in excess of the Rent provided in this Lease. If any Event of Default occurs, Lessor, in addition to other rights and remedies it may reenter have, shall have the Leased Premises, right in accordance with applicable law to remove all or without process any part of law Lessee's property from the Premises and using such force as any property removed may be necessarystored in any public warehouse or elsewhere at the cost of, and remove all personsfor the account of, fixturesLessee, and chattels therefrom and Lessor shall not be liable for any damages resulting therefrom. Such re-entry and repossession shall not work a forfeiture of the rents to be paid and the covenants to be performed by Lessee during the full term of this Lease. Upon such repossession of the Leased Premises, Lessor shall be entitled to recover as liquidated damages and not as a penalty a sum of money equal to the value of the rent and other sums provided herein to be paid by Lessee to Lessor for the remainder of the Lease term. Upon the happening of any one or more of the above-mentioned events, Lessor may repossess the Leased Premises by forcible entry or detainer suit, or otherwise, without demand or notice of any kind to Lessee (except as hereinabove expressly provided responsible for) and without terminating this Lease, in which event Lessor may, but shall be under no obligation so to do, relet all or any part of the Leased Premises for such rent and upon such terms as shall be satisfactory to Lessor, including the right to relet the Leased Premises for a term greater or lesser than that remaining under the Lease term, and the right to relet the Leased Premises as part of a larger area, and the right to change the character or use made of the Leased Premises. For the purpose of such reletting, Lessor may decorate or make any repairs, changes, alterations or additions in or to the Leased Premises that may be necessary or convenient If Lessor does not relet the Leased Premises, Lessee shall not be obligated to pay any further amounts to Lessor, and, as its sole remedy, Lessor shall be entitled to retain any rent or other amounts paid in advance as liquidated damages if the default occurs during the initial term of this Lease. If the default occurs during any holdover period, rent shall continue to be due and payable pursuant to Section 18.3. If the Leased Premises are relet, then any sums realized from such reletting, after paying all of the reasonable expenses of such reletting and the collection of the rent accruing therefrom (including, but not by way of limitation, redecorations, repairs, changes, alterations, additions, attorneys' fees and brokers' commissions), up to the amount of prepaid rent held by Lessor, shall be paid to Lessee. If default shall be made in any covenant, agreement, condition or undertaking herein contained to be kept, observed and performed by Lessee, other than the making of any payments as herein provided which cannot with due diligence be cured within a period of thirty (30) days, and if notice thereof in writing shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such notice, commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and do all work required to cure such default and does so cure such default, then Lessor shall not have the right to declare the term ended by reason of such default or to repossess without terminating the Lease, provided that the curing of any default in such manner shall not be construed to limit or restrict the right of Lessor to declare the term ended or to repossess without terminating the Lease, and to enforce all of its rights and remedies hereunder for any other default not so cured.

Lessor’s Remedies. Upon Subject to any conflicting provisions of the occurrence DBOF Agreement relating to the rights of the Matanuska-Susitna Borough with respect to the Facility, which provisions, if any, shall take precedence with respect to the Facility: In the event of any one default under this Lease by Lessee, Lessor, in addition to the other rights or more remedies it may have, shall have the immediate right of such events of default, Lessor may terminate this Lease. Upon termination of this Lease, Lessor may reenter the Leased Premises, with or without process of law and using such force as may be necessary, and remove all persons, fixtures, and chattels therefrom and Lessor shall not be liable for any damages resulting therefrom. Such re-entry and repossession shall not work may remove all persons and property from the Premises. The property may be removed and stored in a forfeiture public warehouse or elsewhere at the cost and for the account of Lessee. Should Lessor elect to re-enter, as provided in this Lease, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, Lessor may either terminate this Lease or it may from time to time, without terminating this Lease, re-let the Premises or any part of the rents to Premises for such term or terms (which may be paid and for a term extending beyond the covenants to be performed by Lessee during the full term of this Lease) and at such rental or rentals and on such other terms and conditions as Lessor, in its sole discretion, may deem advisable, including the right to make alterations and repairs to the Premises. Upon On each re-letting, (a) Lessee shall be immediately liable to pay to Lessor, in addition to any indebtedness other than rent due under this Lease, the expenses of re-letting and of making such repossession alterations and repairs, incurred by Lessor, and the amount, if any, by which the rent reserved in this Lease for the period of re-letting (up to but not beyond the term of this lease) exceeds the amount agreed to be paid as rent for the Premises for the period on re-letting; and (b) at the option of Lessor, rents received by Lessor from re-letting shall be applied, first, to the payment of any indebtedness, other than rent due under this Lease from Lessee to Lessor; second, to the payment of any expenses of re-letting and of making alterations and repairs; third, to the payment of rent due and unpaid under this Lease, and the residue, if any, shall be held by Lessor and applied in payment of future rent as it may become due and payable under this Lease. If Lessee has been credited with any rent to be received by re-letting under (a), above , and the rent was not promptly paid to Lessor by the new tenant, or if the rentals received from the re-letting under (b), above, during any month is less than that to be paid during that month by Lessee under this Lease, Lessee shall pay any deficiency to Lessor. The deficiency shall be calculated and paid monthly. No re-entry or taking possession of the Leased Premises, Premises by Lessor shall be entitled construed as an election: on the part of Lessor to terminate this Lease unless a written notice of such intention is given to Lessee or unless the termination of this Lease is decreed by a court of competent jurisdiction. In spite of any re-letting without termination, Lessor may at any time thereafter elect to terminate this Lease for such previous breach. Should Lessor at any time terminate this Lease for any breach, in addition to any other remedy it may have, Lessor may recover as liquidated from Lessee all damages and not as a penalty a sum of money equal to the value incurred by reason of the breach, including the cost of recovering the Premises, and including the worth at the time of termination of the excess, if any, of the amount of rent and other sums provided herein charges equivalent to be paid by Lessee to Lessor rent reserved in this lease for the remainder of the Lease term. Upon stated term over the happening of any one or more then reasonable rental value of the above-mentioned eventsPremises for the remainder of the stated term, Lessor may repossess the Leased Premises by forcible entry or detainer suit, or otherwise, without demand or notice all of any kind to Lessee (except as hereinabove expressly provided for) and without terminating this Lease, in which event Lessor may, but amounts shall be under no obligation so to do, relet all or any part of the Leased Premises for such rent and upon such terms as shall be satisfactory to Lessor, including the right to relet the Leased Premises for a term greater or lesser than that remaining under the Lease term, and the right to relet the Leased Premises as part of a larger area, and the right to change the character or use made of the Leased Premises. For the purpose of such reletting, Lessor may decorate or make any repairs, changes, alterations or additions in or to the Leased Premises that may be necessary or convenient If Lessor does not relet the Leased Premises, Lessee shall not be obligated to pay any further amounts to Lessor, and, as its sole remedy, Lessor shall be entitled to retain any rent or other amounts paid in advance as liquidated damages if the default occurs during the initial term of this Lease. If the default occurs during any holdover period, rent shall continue to be immediately due and payable pursuant from Lessee to Section 18.3. If the Leased Premises are relet, then any sums realized from such reletting, after paying all of the reasonable expenses of such reletting and the collection of the rent accruing therefrom (including, but not by way of limitation, redecorations, repairs, changes, alterations, additions, attorneys' fees and brokers' commissions), up to the amount of prepaid rent held by Lessor, shall be paid to Lessee. If default shall be made in any covenant, agreement, condition or undertaking herein contained to be kept, observed and performed by Lessee, other than the making of any payments as herein provided which cannot with due diligence be cured within a period of thirty (30) days, and if notice thereof in writing shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such notice, commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and do all work required to cure such default and does so cure such default, then Lessor shall not have the right to declare the term ended by reason of such default or to repossess without terminating the Lease, provided that the curing of any default in such manner shall not be construed to limit or restrict the right of Lessor to declare the term ended or to repossess without terminating the Lease, and to enforce all of its rights and remedies hereunder for any other default not so cured.

Lessor’s Remedies. Upon In the occurrence event of any one Lessee Default, including Lessee’s abandonment or more of such events of defaultvacating the Premises, Lessor may shall have the right, in addition to all other rights and remedies provided by the law, to terminate this Lease, and/or to re-enter and take possession of the Premises, peaceably or by force, and/or to change the locks thereto and to remove any property and merchandise therein, without liability to Lessee for damage arising therefrom and without obligation to Lessee to store any merchandise and property. Upon termination Any costs of this Leaseremoval and storage of Lessee's fixtures, inventory, equipment or any other personal property shall be the expense of Lessee and shall be added to all sums owed by Lessee to Lessor. Further, Lessor is under no obligation to Lessee, after default or abandonment, to relet the Premises in the name of Lessee or for the benefit of the Lessor. Lessor may, at its option and without subsequent notice to Lessee, re-let the Premises for such term and on such covenants and purposes as Lessor, in its sole discretion, may reenter determine are in the Leased Premises, with or without process best interest of law the Lessor. Lessor may collect and using such force as may be necessary, and remove receive all persons, fixtures, and chattels rents derived therefrom and apply the same, after deduction of appropriate expenses, to the payment of the rent overdue and payable hereunder from the Lessee in default. Lessee in default shall remain liable for any deficiency. Further, Lessor shall not be responsible for or liable for any damages resulting therefrom. Such failure to re-entry and repossession shall not work a forfeiture of let the rents to be paid and the covenants to be performed by Lessee during the full term of this Lease. Upon such repossession of the Leased Premises, Lessor shall be entitled to recover as liquidated damages and not as a penalty a sum of money equal to the value of the rent and other sums provided herein to be paid by Lessee to Lessor for the remainder of the Lease term. Upon the happening of any one or more of the above-mentioned events, Lessor may repossess the Leased Premises by forcible entry or detainer suit, or otherwise, without demand or notice of any kind to Lessee (except as hereinabove expressly provided for) and without terminating this Lease, in which event Lessor may, but shall be under no obligation so to do, relet all or any part hereof, or for any failure to collect any rent connected therewith. The Lessor’s recovery of possession of the Leased Premises for such by any means shall not relieve the Lessee of its obligation to pay rent and upon such terms as shall be satisfactory to Lessor, including adjustments through the right to relet the Leased Premises for a term greater or lesser than that remaining under the Lease term, and the right to relet the Leased Premises as part of a larger area, and the right to change the character or use made of the Leased Premises. For the purpose of such reletting, Lessor may decorate or make any repairs, changes, alterations or additions in or to the Leased Premises that may be necessary or convenient If Lessor does not relet the Leased Premises, Lessee shall not be obligated to pay any further amounts to Lessor, and, as its sole remedy, Lessor shall be entitled to retain any rent or other amounts paid in advance as liquidated damages if the default occurs during the initial term of this Lease. If the default occurs during any holdover period, rent shall continue to be due and payable pursuant to Section 18.3. If the Leased Premises are relet, then any sums realized from such reletting, after paying all of the reasonable expenses of such reletting and the collection of the rent accruing therefrom (including, but not by way of limitation, redecorations, repairs, changes, alterations, additions, attorneys' fees and brokers' commissions), up to the amount of prepaid rent held by Lessor, shall be paid to Lessee. If default shall be made in any covenant, agreement, condition or undertaking herein contained to be kept, observed and performed by Lessee, other than the making of any payments as herein provided which cannot with due diligence be cured within a period of thirty (30) days, and if notice thereof in writing shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such notice, commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and do all work required to cure such default and does so cure such default, then Lessor shall not have the right to declare the term ended by reason of such default or to repossess without terminating the Lease, provided that including any extensions in effect at the curing time of any default in such manner shall not be construed to limit or restrict under which Lessee then occupies the right of Lessor to declare the term ended or to repossess without terminating the Lease, and to enforce all of its rights and remedies hereunder for any other default not so curedPremises.

Lessor’s Remedies. Upon In the occurrence event of any one or more of such events of Lessee’s default, including Lessee’s abandonment or vacating the Properties, Lessor may shall have the right, in addition to all other rights and remedies provided by the law, to terminate this Lease, and/or to re-enter and take possession of the Properties, peaceably or by force, without liability to Lessee for damage arising therefrom and without obligation to Lessee to store any property. Upon termination Any costs of this Leaseremoval and storage of Lessee's fixtures, inventory, equipment or any other personal property shall be the expense of Lessee and shall be added to all sums owed by Lessee to Lessor. Further, Lessor is under no obligation to Lessee, after default or abandonment, to relet the Properties in the name of Lessee or for the benefit of the Lessor. Lessor may, at its option and without subsequent notice to Lessee, re-let the Properties for such term and on such covenants and purposes as Lessor, in its sole discretion, may reenter determine are in the Leased Premises, with or without process best interest of law the Lessor. Lessor may collect and using such force as may be necessary, and remove receive all persons, fixtures, and chattels rents derived therefrom and apply the same, after deduction of appropriate expenses, to the payment of the rent overdue and payable hereunder from the Lessee in default. The Lessee in default shall remain liable for any deficiency. Further, Lessor shall not be responsible for or liable for any damages resulting therefrom. Such failure to re-entry and repossession let the Properties or any part hereof, or for any failure to collect any rent connected therewith. The Lessor’s recovery of possession of the Properties by any means shall not work a forfeiture relieve the Lessee of its obligation to pay Base Rent, Additional Rent or Additional Rent Adjustments through the term of the rents Lease, including any extensions in effect at the time of default under which Lessee then occupies the Properties. Acceptance by Lessor of delinquent rent from Lessee after Lessee default shall not cure such default or entitle Lessee to possession of the Properties. Lessee hereby expressly waives any and all rights of redemption, if any, granted by and under any present or future law, in the event that Lessee shall be paid and evicted or dispossessed for any cause in default or in the covenants to be performed event that the Lessor obtains possession of the Properties by Lessee during virtue of the full term of remedies outlined in this Lease, or otherwise. Upon such repossession The receipt by Lessor or its agents of rent with knowledge of the Leased Premisesbreach of any covenant hereof shall not be deemed a waiver of such breach, and no waiver by Lessor of any covenant hereof shall be deemed to have been agreed upon, unless explicitly reduced to written agreement and signed by Lessor and Lessee. All remedies of Lessor shall be entitled to recover as liquidated damages and not as a penalty a sum of money equal to the value of the rent and other sums provided herein to be paid by Lessee to Lessor for the remainder of the Lease term. Upon the happening of any one or more of the above-mentioned events, Lessor may repossess the Leased Premises by forcible entry or detainer suit, or otherwise, without demand or notice of any kind to Lessee (except as hereinabove expressly provided for) and without terminating this Lease, in which event Lessor may, but shall be under no obligation so to do, relet all or any part of the Leased Premises for such rent and upon such terms as shall be satisfactory to Lessor, including the right to relet the Leased Premises for a term greater or lesser than that remaining under the Lease term, and the right to relet the Leased Premises as part of a larger area, and the right to change the character or use made of the Leased Premises. For the purpose of such reletting, Lessor may decorate or make any repairs, changes, alterations or additions in or to the Leased Premises that may be necessary or convenient If Lessor does not relet the Leased Premises, Lessee shall not be obligated to pay any further amounts to Lessor, and, as its sole remedy, Lessor shall be entitled to retain any rent or other amounts paid in advance as liquidated damages if the default occurs during the initial term of this Lease. If the default occurs during any holdover period, rent shall continue to be due and payable pursuant to Section 18.3. If the Leased Premises are relet, then any sums realized from such reletting, after paying all of the reasonable expenses of such reletting and the collection of the rent accruing therefrom (including, but not by way of limitation, redecorations, repairs, changes, alterations, additions, attorneys' fees and brokers' commissions), up to the amount of prepaid rent held by Lessor, shall be paid to Lessee. If default shall be made in any covenant, agreement, condition or undertaking herein contained to be kept, observed and performed by Lessee, other than the making of any payments as herein provided which cannot with due diligence be cured within a period of thirty (30) days, and if notice thereof in writing shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such notice, commences to eliminate the cause of such default and proceeds diligently and with reasonable dispatch to take all steps and do all work required to cure such default and does so cure such default, then Lessor shall not have the right to declare the term ended by reason of such default or to repossess without terminating the Lease, provided that the curing of any default in such manner shall not be construed to limit or restrict the right of Lessor to declare the term ended or to repossess without terminating the Lease, and to enforce all of its rights and remedies hereunder for any other default not so curedcumulative.