Common use of Re-letting Clause in Contracts

Re-letting. In the event Landlord re-enters upon the Leased Premises as provided in clause (c) or the foregoing Section 13.02 or takes possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord may either terminate this Lease, or from time to time without terminating this Lease, make alternations and repairs reasonably necessary for the purpose of re-letting the Leased Premises and re-let the Leased Premises or any part thereof for such term or terms (which may extend beyond the term of this Lease) at such rental and upon such other terms and conditions as Landlord in its reasonable discretion deems advisable. Upon each reletting, all rentals received from such re-letting shall be applied first to payment of costs of such alterations and repairs, second to the payment of rent and any other indebtedness due and unpaid hereunder; and the remainder, if any, shall be held by Landlord and applied in payment of future rent as it becomes due and payable hereunder. If the rentals received from such re-letting during any month are less than amounts to be paid hereunder by Tenant during that month, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No re-entry or taking of possessions by Landlord of the Leased Premises shall be construed as an election to terminate this Lease unless a written notice of termination is given to Tenant. Notwithstanding any re- letting without termination, Landlord may at any time thereafter elect to terminate this Lease for Tenant's previous default. Notwithstanding any other provisions contained in this Lease, in the event the depository institution then operating on the Leased Premises is closed, or is taken over by any depository institution supervisory authority ("Authority"), Landlord may, in either such event, terminate this Lease only with the concurrence of any Receiver or Liquidator appointed by such Authority; provided, that in the event this Lease is so terminated by the Receiver or Liquidator, the maximum claim of Landlord for rent, damages or indemnity for injury resulting from the termination, rejection or abandonment of the unexpired Lease shall by law in no event be in an amount equal to all accrued and unpaid rent to the date of termination.

Re-letting. In the event Landlord re-enters upon the Leased Premises as provided in clause (c) or the foregoing Section 13.02 or takes possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by lawPremises, Landlord may either terminate this LeaseLease or, or from time to time without terminating this Lease, Lease make alternations and repairs reasonably necessary for the purpose of re-letting the Leased Premises and re-let the Leased Premises or any part thereof for such term or terms (which may extend beyond the term of this LeaseLease Term) at such rental and upon such other terms and conditions as Landlord in its reasonable discretion deems advisable. Upon each relettingre-letting, all rentals received from such re-letting shall be applied first to payment of costs of such alterations and repairs; second, second to the payment of rent and any other indebtedness due and unpaid hereunder; and the remainder, if any, shall be held by Landlord and applied in payment of future rent as it becomes due rent. Tenant shall be liable to Landlord for the difference between Tenant’s Rent and payable hereunder. If other charges herein provided and the rentals rental and other charges received from such re-letting during any month are less than amounts to be paid hereunder letting. Any such difference (or the entire rental in the event the Leased Premises is not relet) owing by Tenant during that month, Tenant shall pay any such deficiency to Landlord. Such deficiency for the entire remainder of the Lease Term shall be calculated due and paid monthlymay be recovered at once, at the option of the Landlord, without awaiting the expiration of the Lease Term; in which case, recovery shall be based upon the best estimates of the amounts thereof available at that time without releasing Tenant from liability for payment of all amounts due under this Lease. No re-re- entry or taking of possessions by Landlord of the Leased Premises shall be construed as an election to terminate this Lease unless a written notice of termination is given to Tenant. Notwithstanding any re- letting without termination, Landlord may at any time thereafter elect to terminate this Lease for Tenant's ’s previous default. Notwithstanding any other provisions contained in this Lease, in the event the depository institution then operating on Landlord shall take commercially reasonable steps to re-let the Leased Premises is closed, or is taken over by any depository institution supervisory authority ("Authority"), Landlord may, in either such event, terminate this Lease only with the concurrence of any Receiver or Liquidator appointed by such Authority; provided, that in the event this Lease is so terminated by the Receiver or Liquidator, the maximum claim of Landlord for rent, damages or indemnity for injury resulting to mitigate Landlord’s Damages which result from the termination, rejection or abandonment of the unexpired Lease shall by law in no event be in an amount equal to all accrued and unpaid rent to the date of terminationTenant’s Default.

Re-letting. In the event Landlord re-enters upon the Leased Premises as provided in clause Clause (ciii) or the of foregoing Section 13.02 Subparagraph (b), or takes possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord may either terminate this Lease, or from time to time without terminating this Lease, make alternations alterations and repairs reasonably necessary for the purpose of re-letting the Leased Premises and re-let the Leased Premises or any part thereof for such term or terms (which may extend beyond the term of this LeaseLease Term) at such rental and upon such other terms and conditions as Landlord in its reasonable discretion reasonably deems advisable. If Landlord fails to re-let the Leased Premises, Tenant shall pay to Landlord the Base Rent and Additional Rent reserved in this Lease for the balance of the Lease Term as those amounts become due in accordance with the terms of this Lease. Upon each relettingre-letting, all rentals received from such re-letting shall be applied applied: first to payment of costs of such alterations and repairs; second, second to the payment of rent Base Rent, Additional Rent and any other indebtedness due and unpaid hereunder; and the remainder, if any, shall be held by Landlord and applied in payment of future rent Base Rent and Additional Rent as it becomes due and payable hereunder. If the rentals received from such re-letting during any month are less than amounts to be paid hereunder by Tenant Xxxxxx during that month, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No re-entry or taking of possessions possession by Landlord of the Leased Premises shall be construed as an election to terminate this Lease unless a written notice of termination is given to Tenant. Notwithstanding any re- re-letting without termination, Landlord may at any time thereafter elect to terminate this Lease for Tenant's ’s previous default. Notwithstanding any other provisions contained in this Lease, in the event the depository institution then operating on the Leased Premises is closed, or is taken over by any depository institution supervisory authority ("Authority"), Landlord may, in either such event, terminate this Lease only with the concurrence of any Receiver or Liquidator appointed by such Authority; provided, that in the event this Lease is so terminated by the Receiver or Liquidator, the maximum claim of Landlord for rent, damages or indemnity for injury resulting from the termination, rejection or abandonment of the unexpired Lease shall by law in no event be in an amount equal to all accrued and unpaid rent to the date of termination.

Re-letting. In the event Landlord re-enters upon the Leased Premises as provided in clause (c) or the foregoing Section 13.02 or takes possession of the Leased Premises If, pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord may either terminate the provisions of this Lease, or from time Landlord becomes entitled to time elect, and Landlord does elect, without terminating this Lease, make alternations to endeavor to relet the Premises, Landlord may, at Landlord's option, enter into the Premises, remove Tenant's signs and repairs reasonably necessary other evidence of tenancy, and take and hold possession thereof as in subsection ( c ) of this section provided, without such entry and possession terminating this Lease or releasing Tenant, in whole or in part, from Tenant's obligation to pay the Rent hereunder for the purpose full term as hereinafter provided. Upon and after entry into possession without termination of re-letting this Lease, Landlord may relet the Leased Premises and re-let the Leased Premises or any part thereof for the account of Tenant to any person, firm or corporation other than Tenant for such term or terms (which may extend beyond the term of this Lease) at rent, for such rental time and upon such other terms and conditions as Landlord in its reasonable discretion deems advisableshall determine to be reasonable. Upon each relettingIn any such case, all rentals received from such re-letting shall be applied first to payment of costs of such Landlord may make repairs, alterations and repairs, second additions in or to the payment of rent Premises, and any other indebtedness due and unpaid hereunder; and redecorate the remainder, if any, shall be held same to the extent deemed by Landlord necessary or desirable, and applied in payment Tenant shall, upon demand, pay the reasonable cost thereof, together with Landlord's reasonable expenses of future rent as it becomes due and payable hereunderthe reletting. If the rentals received from consideration collected by Landlord upon any such re-letting during any month are less than amounts reletting for Tenant's account is not sufficient to be paid hereunder by Tenant during that monthpay monthly the full amount of the Rent reserved in this Lease, together with the cost of repairs, alterations, additions, redecorating and Landlord's expenses, Tenant shall pay any such to Landlord the amount of each monthly deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No re-entry or taking of possessions by Landlord of the Leased Premises shall be construed as an election to terminate this Lease unless a written notice of termination is given to Tenant. Notwithstanding any re- letting without termination, Landlord may at any time thereafter elect to terminate this Lease for Tenant's previous default. Notwithstanding any other provisions contained in this Lease, in the event the depository institution then operating on the Leased Premises is closed, or is taken over by any depository institution supervisory authority ("Authority"), Landlord may, in either such event, terminate this Lease only with the concurrence of any Receiver or Liquidator appointed by such Authority; provided, that in the event this Lease is so terminated by the Receiver or Liquidator, the maximum claim of Landlord for rent, damages or indemnity for injury resulting from the termination, rejection or abandonment of the unexpired Lease shall by law in no event be in an amount equal to all accrued and unpaid rent to the date of terminationupon demand.

Re-letting. In the event Should Landlord elect to re-enters upon the Leased Premises enter, as provided in clause (c) herein provided, or the foregoing Section 13.02 or takes should it take possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord it may either terminate this Lease, Lease or it may from time to time without terminating this Lease, make alternations such reasonable alterations and reasonable repairs reasonably as may be necessary for the purpose of in order to re-letting let the Leased Premises premises, and re-let the Leased Premises said premises or any part thereof for such term or terms (which may extend be for a term extending beyond the term of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in its reasonable discretion deems may deem advisable. Upon ; upon each reletting, such re-letting all rentals received by the Landlord from such re-letting shall be applied first to the payment of any indebtedness, other than rent due hereunder from Tenant to Landlord; second, to the payment of any costs and expenses of such re-letting, including brokerage fees and attorneys' fees and of costs of such reasonable alterations and reasonable repairs; third, second to the payment of rent and any other indebtedness due and unpaid hereunder; and the remainderresidue, if any, shall be held by Landlord and applied in payment of future rent as it becomes the same may become due and payable hereunder. If the such rentals received from such re-letting during any month are be less than amounts that to be paid hereunder during that month by Tenant during that monthhereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of possessions said premises by Landlord of the Leased Premises landlord shall be construed as an election on its part to terminate this Lease unless a written notice of termination is such intention be given to TenantTenant or unless the termination thereof be decreed by a Court of competent jurisdiction. Notwithstanding any re- such re-letting without termination, Landlord may at any time thereafter elect to terminate this Lease for Tenant's any such previous defaultbreach. Notwithstanding Should Landlord at any other provisions contained in this Lease, in the event the depository institution then operating on the Leased Premises is closed, or is taken over by any depository institution supervisory authority ("Authority"), Landlord may, in either such event, time terminate this Lease only with the concurrence of for any Receiver or Liquidator appointed by such Authority; providedbreach, that in the event this Lease is so terminated by the Receiver or Liquidatoraddition to any other remedies it may have, the maximum claim of Landlord for rentit may recover from Tenant, damages or indemnity for injury resulting from it may incur by reason of such breach, including reasonable attorneys' fees and other costs of recovering the termination, rejection or abandonment of the unexpired Lease shall by law in no event be in an amount equal to all accrued and unpaid rent to the date of terminationleased premises.

Re-letting. In If, pursuant to the event provisions of this Lease, Landlord re-enters upon becomes entitled to elect, and Landlord does elect, without terminating the Leased Premises Lease, to endeavor to relet the Premises, Landlord may, at Landlord's option, enter into the Premises, remove Tenant's signs and other evidence of tenancy, and take and hold possession thereof as provided in clause Paragraph (c) of this Section provided, without such entry and possession terminating the Lease or releasing Tenant, in whole or in part, from Tenant's obligation to pay the foregoing Section 13.02 or takes Rent hereunder for the full term as hereinafter provided. Upon and after entry into possession without termination of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by lawLease, Landlord may either terminate this Lease, or from time to time without terminating this Lease, make alternations and repairs reasonably necessary for relet the purpose of re-letting the Leased Premises and re-let the Leased Premises or any part thereof for the account of Tenant to any person, firm or corporation other than Tenant for such term or terms (which may extend beyond the term of this Lease) at rent, for such rental time and upon such other terms and conditions as Landlord in its reasonable discretion deems advisableshall determine to be reasonable. Upon each relettingIn any such case, all rentals received from such re-letting shall be applied first to payment of costs of such Landlord may make repairs, alterations and repairs, second additions in or to the payment of rent Premises, and any other indebtedness due and unpaid hereunder; and redecorate the remainder, if any, shall be held same to the extent deemed by Landlord necessary or desirable, and applied in payment Tenant shall, upon demand, pay the reasonable cost thereof, together with Landlord's reasonable expenses of future rent as it becomes due and payable hereunderthe reletting. If the rentals received from consideration collected by Landlord upon any such re-letting during any month are less than amounts reletting for Tenant's account is not sufficient to be paid hereunder by Tenant during that monthpay monthly the full amount of the Rent reserved in this Lease, together with the cost of repairs, alterations, additions, redecorating and Landlord's expenses, Tenant shall pay any such to Landlord the amount of each monthly deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No re-entry or taking of possessions by Landlord of the Leased Premises shall be construed as an election to terminate this Lease unless a written notice of termination is given to Tenant. Notwithstanding any re- letting without termination, Landlord may at any time thereafter elect to terminate this Lease for Tenant's previous default. Notwithstanding any other provisions contained in this Lease, in the event the depository institution then operating on the Leased Premises is closed, or is taken over by any depository institution supervisory authority ("Authority"), Landlord may, in either such event, terminate this Lease only with the concurrence of any Receiver or Liquidator appointed by such Authority; provided, that in the event this Lease is so terminated by the Receiver or Liquidator, the maximum claim of Landlord for rent, damages or indemnity for injury resulting from the termination, rejection or abandonment of the unexpired Lease shall by law in no event be in an amount equal to all accrued and unpaid rent to the date of terminationupon demand.

Re-letting. In the event Landlord re-enters upon the Leased Premises as provided in clause Clause (ciii) or the of foregoing Section 13.02 Subparagraph (b), or takes possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord may either terminate this Lease, or from time to time without terminating this Lease, make alternations alterations and repairs reasonably necessary for the purpose of re-letting the Leased Premises and re-let the Leased Premises or any part thereof for such term or terms (which may extend beyond the term of this LeaseLease Term) at such rental and upon such other terms and conditions as Landlord in its reasonable discretion reasonably deems advisable. If Landlord fails to re-let the Leased Premises, Tenant shall pay to Landlord the Base Rent and Additional Rent reserved in this Lease for the balance of the Lease Term as those amounts become due in accordance with the terms of this Lease. Upon each relettingre-letting, all rentals received from such re-letting shall be applied applied: first to payment of costs of such alterations and repairs; second, second to the payment of rent Base Rent, Additional Rent and any other indebtedness due and unpaid hereunder; and the remainder, if any, shall be held by Landlord and applied in payment of future rent Base Rent and Additional Rent as it becomes due and payable hereunder. If the rentals received from such re-letting during any month are less than amounts to be paid hereunder by Tenant during that month, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No re-entry or taking of possessions possession by Landlord of the Leased Premises shall be construed as an election to terminate this Lease unless a written notice of termination is given to Tenant. Notwithstanding any re- re-letting without termination, Landlord may at any time thereafter elect to terminate this Lease for Tenant's ’s previous default. Notwithstanding any other provisions contained in this Lease, in the event the depository institution then operating on the Leased Premises is closed, or is taken over by any depository institution supervisory authority ("Authority"), Landlord may, in either such event, terminate this Lease only with the concurrence of any Receiver or Liquidator appointed by such Authority; provided, that in the event this Lease is so terminated by the Receiver or Liquidator, the maximum claim of Landlord for rent, damages or indemnity for injury resulting from the termination, rejection or abandonment of the unexpired Lease shall by law in no event be in an amount equal to all accrued and unpaid rent to the date of termination.

Re-letting. In the event Landlord re-enters upon the Leased Premises as provided in clause Clause (ciii) or the of foregoing Section 13.02 Subparagraph (b), or takes possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord may either terminate this Lease, or from time to time without terminating this Lease, make alternations alterations and repairs reasonably necessary for the purpose of re-letting the Leased Premises and re-let the Leased Premises or any part thereof for such term or terms (which may extend beyond the term of this Lease) at such rental and upon such other terms and conditions as Landlord in its reasonable discretion reasonably deems advisable. Upon each relettingre-letting, all rentals received from such re-letting shall be applied applied: first to payment of costs of such alterations and repairs; second, second to the payment of rent Rent and any other indebtedness due and unpaid hereunder; and the remainder, if any, shall be held by Landlord and applied in payment of future rent Rent as it becomes due and payable hereunder. If the rentals received from such re-letting during any month are less than amounts to be paid hereunder by Tenant during that month, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No re-entry or taking of possessions possession by Landlord of the Leased Premises shall be construed as an election to terminate this Lease unless a written notice of termination is given to Tenant. Notwithstanding any re- re-letting without termination, Landlord may at any time thereafter elect to terminate this Lease for Tenant's ’s previous default. Notwithstanding any other provisions contained in this Lease, in the event the depository institution then operating on the Leased Premises is closed, or is taken over by any depository institution supervisory authority ("Authority"), Landlord may, in either such event, terminate this Lease only with the concurrence of any Receiver or Liquidator appointed by such Authority; provided, that in the event this Lease is so terminated by the Receiver or Liquidator, the maximum claim of Landlord for rent, damages or indemnity for injury resulting from the termination, rejection or abandonment of the unexpired Lease shall by law in no event be in an amount equal to all accrued and unpaid rent to the date of termination.

Re-letting. In the event If Landlord re-enters upon the Leased Premises as provided in clause (c) or the foregoing Section 13.02 Subsection 19(b)(iii), or takes possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by lawthe Applicable Laws, then Landlord either may either terminate this Lease, or or, from time to time without terminating this Lease, make alternations alterations and repairs reasonably necessary for the purpose of re-letting the Leased Premises and re-let the Leased Premises or any part thereof for such term or terms (which may extend beyond the term of this Lease) at such rental and upon such other terms and conditions as Landlord in its reasonable discretion deems advisable. Upon each relettingre-letting, all rentals received from such re-letting shall be applied first in the following order: (i) first, to payment of reasonable costs and expenses incurred by Landlord in connection with such re-entry or taking of possession and making such reasonable alterations and repairs; (ii) second, second to the payment of rent Rent and any other outstanding indebtedness due and unpaid hereunderof Tenant to Landlord hereunder or in connection herewith; and (iii) the remainder, if any, shall be held by Landlord and applied in payment of future rent Rent as it becomes due and payable hereunder. If the rentals received from such re-letting during any month are less than amounts to be paid the full amount of Rent payable hereunder by Tenant during that month, then Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No re-entry or taking of possessions possession by Landlord of the Leased Premises shall be construed as an election to terminate this Lease Lease, or as an acceptance of a surrender of the Leased Premises, unless a written notice of termination 32 or acceptance of surrender is given delivered by Landlord to Tenant. Notwithstanding any re- re-letting without termination, Landlord may at any time thereafter may elect to terminate this Lease for Tenant's previous defaultTenant Default. Notwithstanding any other provisions contained in this Lease, Landlord shall use reasonable efforts to mitigate its damages in the event the depository institution then operating on the Leased Premises is closed, or is taken over by any depository institution supervisory authority ("Authority"), of a Tenant Default; provided that it shall remain Tenant's burden of proof to establish that Landlord may, in either failed to use reasonable efforts to mitigate such event, terminate this Lease only with the concurrence of any Receiver or Liquidator appointed by such Authority; provided, that in the event this Lease is so terminated by the Receiver or Liquidator, the maximum claim of Landlord for rent, damages or indemnity for injury resulting from the termination, rejection or abandonment of the unexpired Lease shall by law in no event be in an amount equal to all accrued and unpaid rent to the date of terminationdamages.

Re-letting. In the event If Landlord re-enters upon the Leased Premises as provided in clause (c) or the foregoing Section 13.02 16.2.3, or takes possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord may either terminate this Lease, or from time to time without terminating this Lease, make alternations alterations and repairs reasonably necessary for the purpose of re-letting the Leased Premises and re-let the Leased Premises or any part thereof for such term or terms (which may extend beyond the term of this LeaseLease Term) at such rental and upon such other terms and conditions as Landlord in its reasonable sole discretion deems advisable. Upon each relettingre-letting, all rentals received from such re-letting shall be applied first to payment of the reasonable costs of such re-letting, including leasing commissions, rental and other concessions, demolition, alterations and repairs; second, second to the payment of rent and any other indebtedness due and unpaid hereunder; and the remainder, if any, shall be held by Landlord and applied in payment of future rent as it becomes due and payable hereunder. If the rentals received from such re-letting during any month are less than amounts to be paid hereunder by Tenant during that month, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No re-entry or taking of possessions possession by Landlord of the Leased Premises shall be construed as an election to terminate this Lease unless a written notice of termination is given to Tenant. Notwithstanding any re- re-letting without termination, Landlord may at any time thereafter elect to terminate this Lease for Tenant's previous default. Notwithstanding any other provisions contained in this Lease, in the event the depository institution then operating on the Leased Premises is closed, or is taken over by any depository institution supervisory authority ("Authority"), Landlord may, in either such event, terminate this Lease only with the concurrence of any Receiver or Liquidator appointed by such Authority; provided, that in the event this Lease is so terminated by the Receiver or Liquidator, the maximum claim of Landlord for rent, damages or indemnity for injury resulting from the termination, rejection or abandonment of the unexpired Lease shall by law in no event be in an amount equal to all accrued and unpaid rent to the date of termination.

Re-letting. In the event Landlord re-enters upon the Leased Premises as provided in clause (c) or the foregoing Section 13.02 or takes possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by lawPremises, Landlord may either terminate this Lease, or from time to time without terminating this Lease, make alternations and repairs reasonably necessary for the purpose of re-letting the Leased Premises and re-let the Leased Premises or any part thereof for such term or terms (which may extend beyond the term of this LeaseLease Term) at such rental and upon such other terms and conditions as Landlord in its reasonable discretion deems advisable. Upon each relettingre-letting, all rentals received from such re-letting shall be applied first to payment of costs of such alterations and repairs, ; second to the payment of rent and any other indebtedness due and unpaid hereunder; and the remainder, if any, shall be held by Landlord and applied in payment of future rent. Tenant shall be liable to Landlord for the difference between the Tenant’s rent as it becomes due and payable hereunder. If other charges herein provided, and the rentals rental and other charges received from such re-letting during any month are less than amounts to be paid hereunder letting. Any such difference (or the entire rental in the event the Leased Premises is not relet) owing by Tenant during that month, Tenant shall pay any such deficiency to Landlord. Such deficiency for the entire remainder of the Lease Term shall be calculated due and paid monthlymay be recovered at once, at the option of the Landlord, without awaiting the expiration of the Lease Term; in which case, recovery shall be based upon the best estimates of the amounts thereof available at that time without releasing Tenant from liability for payment of all amounts due under this Lease. No re-re- entry or taking of possessions by Landlord of the Leased Premises shall be construed as an election to terminate this Lease unless a written notice of termination is given to Tenant. Notwithstanding any re- letting without termination, Landlord may at any time thereafter elect to terminate this Lease for Tenant's ’s previous default. Notwithstanding any other provisions contained in this Lease, in the event the depository institution then operating on the Leased Premises is closed, or is taken over by any depository institution supervisory authority ("Authority"), Landlord may, in either such event, terminate this Lease only with the concurrence of any Receiver or Liquidator appointed by such Authority; provided, that in the event this Lease is so terminated by the Receiver or Liquidator, the maximum claim of Landlord for rent, damages or indemnity for injury resulting from the termination, rejection or abandonment of the unexpired Lease shall by law in no event be in an amount equal to all accrued and unpaid rent to the date of termination.

Re-letting. In the event Landlord re-enters upon the Leased Premises as provided in clause (c) or the foregoing Section 13.02 or takes possession of the Leased Premises If, pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord may either terminate the provisions of this Lease, or from time Landlord becomes entitled to time elect, and Landlord does elect, without terminating this Lease, make alternations to endeavor to relet the Premises, Landlord may, at Landlord’s option, enter into the Premises, remove Tenant’s signs and repairs reasonably necessary other evidence of tenancy, and take and hold possession thereof as in subsection (c) of this section provided, without such entry and possession terminating this Lease or releasing Tenant, in whole or in part, from Tenant’s obligation to pay the Rent hereunder for the purpose full term as hereinafter provided. Upon and after entry into possession without termination of re-letting this Lease, Landlord may relet the Leased Premises and re-let the Leased Premises or any part thereof for the account of Tenant to any person, firm or corporation other than Tenant for such term or terms (which may extend beyond the term of this Lease) at rent, for such rental time and upon such other terms and conditions as Landlord in its reasonable discretion deems advisableshall determine to be reasonable. Upon each relettingIn any such case, all rentals received from such re-letting shall be applied first to payment of costs of such Landlord may make repairs, alterations and repairs, second additions in or to the payment of rent Premises, and any other indebtedness due and unpaid hereunder; and redecorate the remainder, if any, shall be held same to the extent deemed by Landlord necessary or desirable, and applied in payment Tenant shall, upon demand, pay the reasonable cost thereof, together with Landlord’s reasonable expenses of future rent as it becomes due and payable hereunderthe reletting. If the rentals received from consideration collected by Landlord upon any such re-letting during any month are less than amounts reletting for Tenant’s account is not sufficient to be paid hereunder by Tenant during that monthpay monthly the full amount of the Rent reserved in this Lease, together with the cost of repairs, alterations, additions, redecorating and Landlord’s expenses, Tenant shall pay any such to Landlord the amount of each monthly deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No re-entry or taking of possessions by Landlord of the Leased Premises shall be construed as an election to terminate this Lease unless a written notice of termination is given to Tenant. Notwithstanding any re- letting without termination, Landlord may at any time thereafter elect to terminate this Lease for Tenant's previous default. Notwithstanding any other provisions contained in this Lease, in the event the depository institution then operating on the Leased Premises is closed, or is taken over by any depository institution supervisory authority ("Authority"), Landlord may, in either such event, terminate this Lease only with the concurrence of any Receiver or Liquidator appointed by such Authority; provided, that in the event this Lease is so terminated by the Receiver or Liquidator, the maximum claim of Landlord for rent, damages or indemnity for injury resulting from the termination, rejection or abandonment of the unexpired Lease shall by law in no event be in an amount equal to all accrued and unpaid rent to the date of terminationupon demand.

Re-letting. In the event Landlord re-enters upon the Leased Premises as provided in clause (c) or the foregoing Section 13.02 or takes possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by lawPremises, Landlord may either terminate this LeaseLease or, or from time to time without terminating this Lease, Lease make alternations and repairs reasonably necessary for the purpose of re-letting the Leased Premises and re-let the Leased Premises or any part thereof for such term or terms (which may extend beyond the term of this LeaseLease Term) at such rental and upon such other terms and conditions as Landlord in its reasonable discretion deems advisable. Upon each relettingre-letting, all rentals received from such re-letting shall be applied first to payment of costs of such alterations and repairs; second, second to the payment of rent and any other indebtedness due and unpaid hereunder; and the remainder, if any, shall be held by Landlord and applied in payment of future rent as it becomes due rent. Tenant shall be liable to Landlord for the difference between Xxxxxx’s Rent and payable hereunder. If other charges herein provided and the rentals rental and other charges received from such re-letting during any month are less than amounts to be paid hereunder letting. Any such difference (or the entire rental in the event the Leased Premises is not relet) owing by Tenant during that month, Tenant shall pay any such deficiency to Landlord. Such deficiency for the entire remainder of the Lease Term shall be calculated due and paid monthlymay be recovered at once, at the option of the Landlord, without awaiting the expiration of the Lease Term; in which case, recovery shall be based upon the best estimates of the amounts thereof available at that time without releasing Tenant from liability for payment of all amounts due under this Lease. No re-re- entry or taking of possessions by Landlord of the Leased Premises shall be construed as an election to terminate this Lease unless a written notice of termination is given to Tenant. Notwithstanding any re- letting without termination, Landlord may at any time thereafter elect to terminate this Lease for Tenant's ’s previous default. Notwithstanding any other provisions contained in this Lease, in the event the depository institution then operating on Landlord shall take commercially reasonable steps to re-let the Leased Premises is closed, or is taken over by any depository institution supervisory authority ("Authority"), Landlord may, in either such event, terminate this Lease only with the concurrence of any Receiver or Liquidator appointed by such Authority; provided, that in the event this Lease is so terminated by the Receiver or Liquidator, the maximum claim of Landlord for rent, damages or indemnity for injury resulting to mitigate Landlord’s Damages which result from the termination, rejection or abandonment of the unexpired Lease shall by law in no event be in an amount equal to all accrued and unpaid rent to the date of terminationXxxxxx’s Default.

Re-letting. In the event Landlord Should Lessor elect to re-enters upon the Leased Premises enter, as provided in clause (c) herein provided, or the foregoing Section 13.02 or takes should it take possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord it may either terminate this Lease, or it may, from time to time time, without terminating this Lease, make alternations such reasonable alterations and reasonable repairs reasonably as may be necessary for the purpose of in order to re-letting let the Leased Premises premises, and re-let the Leased Premises said premises or any part thereof for such term or terms (which may extend be for a term extending beyond the term of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord Lessor in its reasonable discretion deems may deem advisable. Upon ; upon each relettingsuch re-letting, all rentals received by the Lessor from such re-letting shall be applied first to the payment of any indebtedness, other than rent due hereunder from Lessee to Lessor; second, to the payment of any costs and expenses of such re-letting, including brokerage fees and attorney's fees and of costs of such reasonable alterations and reasonable repairs; third, second to the payment of rent and any other indebtedness due and unpaid hereunder; and the remainderresidue, if any, shall be held by Landlord Lessor and applied in payment of future rent as it becomes the same may become due and payable hereunder. If the such rentals received from such re-letting during any month are be less than amounts that to be paid hereunder by Tenant during that monthmonth by Lessee hereunder, Tenant Lessee shall pay any such deficiency to LandlordLessor. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of possessions said premises by Landlord of the Leased Premises Lessor shall be construed as an election on its part to terminate this Lease unless a written notice of termination is such intention be given to TenantLessee or unless the termination thereof be decreed by a Court of competent jurisdiction. Notwithstanding any re- such re-letting without termination, Landlord may Lessor may, at any time thereafter thereafter, elect to terminate this Lease for Tenant's nay-such previous defaultbreach. Notwithstanding Should Lessor at any other provisions contained in this Lease, in the event the depository institution then operating on the Leased Premises is closed, or is taken over by any depository institution supervisory authority ("Authority"), Landlord may, in either such event, time terminate this Lease only with for any breach, in addition to any other remedies it may have, it may recover from Tenant damages it may incur by reason of such breach including reasonable attorney's fees and other costs of recovering the concurrence of any Receiver or Liquidator appointed by such Authority; provided, that in the event this Lease is so terminated by the Receiver or Liquidator, the maximum claim of Landlord for rent, damages or indemnity for injury resulting from the termination, rejection or abandonment of the unexpired Lease shall by law in no event be in an amount equal to all accrued and unpaid rent to the date of terminationdemised premises.