Common use of Reletting Clause in Contracts

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, re-enter and repossess the Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premises. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder.

Reletting. With In the event of the abandonment of the Premises by Tenant or in the event that Landlord shall elect to re-enter or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in Paragraph a, Landlord may from time to time, without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, re-enter and repossess relet the Premises, Premises or any part thereof, thereof for such term or terms and lease them to any other person at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises. In the event that Landlord shall deem reasonableelect to so relet, for a term within or beyond the term of this Lease; provided, that any then rentals received by Landlord from such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant applied in the absence following order: (1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (3) to the payment of any costs of such expiration, termination or repossession, less reletting; (ii4) to the payment of the costs of any alterations and repairs to the Premises; (5) to the payment of Rent due and unpaid hereunder; and (6) the net proceedsresidue, if any, shall be held by Landlord and applied in payment of any reletting effected for future Rent and other sums payable by Tenant hereunder as the account same may become due and payable hereunder. Should that portion of Tenant after deducting such rentals received from such proceeds all reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during the month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord’s actual expenses. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, attorneys’ feesas soon as ascertained, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual any costs and expenses incurred as a result of Tenant’s breach of this Lease. by Landlord shall use commercially reasonable efforts to relet in such reletting or in making such alterations and repairs not covered by the Premises. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due rentals received from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunderreletting.

Reletting. With In the event of the abandonment of the Premises by Tenant or in the event that Landlord shall elect to re-enter or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in Paragraph a, Landlord may from time to time, without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, re-enter and repossess relet the Premises, Premises or any part thereof, thereof for such term or terms and lease them to any other person at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises. In the event that Landlord shall deem reasonableelect to so relet, for a term within or beyond the term of this Lease; provided, that any then rentals received by Landlord from such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant applied in the absence following order: (1) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (3) to the payment of any costs of such expiration, termination or repossession, less reletting; (ii4) to the payment of the costs of any alterations and repairs to the Premises; (5) to the payment of Rent due and unpaid hereunder; and (6) the net proceedsresidue, if any, shall be held by Landlord and applied in payment of any reletting effected for future Rent and other sums payable by Tenant hereunder as the account same may become due and payable hereunder. Should that portion of Tenant after deducting such rentals received from such proceeds all reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during the month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord’s actual expenses. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, attorneys’ feesas soon as ascertained, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual any costs and expenses incurred as a result of Tenant’s breach of this Lease. by Landlord shall use commercially reasonable efforts to relet in such reletting or in making such alterations and repairs not covered by the Premises. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due rentals received from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunderreletting.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, may re-enter and repossess the Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, reasonable for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent Fixed Rent, Additional Rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, including employees’ expenses, attorneys’ fees, employees’ expensesreal estate brokerage commissions and alteration expenses (if any), reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts have no obligation to relet the PremisesPremises (x) if Landlord, or any of its affiliates, have other comparable space available for rent, (y) for a rental less than the fair market rental then prevailing for other comparable space, or (z) under terms and conditions that are unacceptable to Landlord. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With or without terminating this LeaseSublease, as Landlord Sublessor may elect, Landlord Sublessor may, by summary proceedings, re-enter and repossess the Premises, or any part thereof, and lease them to any other person upon such terms as Landlord Sublessor shall deem reasonable, for a term within or beyond the term of this LeaseSublease; provided, that any such reletting prior to termination shall be for the account of TenantSublessee, and Tenant Sublessee shall remain liable for (i) all rent and other sums which would be payable under this Lease Sublease by Tenant Sublessee in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant Sublessee after deducting from such proceeds all of LandlordSublessor’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of TenantSublessee’s breach of this LeaseSublease. Landlord Sublessor shall use commercially reasonable efforts to relet the Premises. If the Premises are at the time of default sublet or leased by Tenant Sublessee to others, Landlord Sublessor may, as TenantSublessee’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting TenantSublessee’s obligation to Landlord Sublessor hereunder.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, re-enter and repossess the Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s 's actual expenses, attorneys’ ' fees, employees’ ' expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s 's breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premises. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s 's agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s 's obligation to Landlord hereunder.

Reletting. With or If Landlord terminates Tenant's right to possession of the --------- Premises without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, re-enter and repossess relet the Premises, Premises or any part thereof. In such case, and lease them Landlord shall use reasonable efforts to any other person upon relet the Premises on such terms as Landlord shall reasonably deem reasonable, for a term within or beyond the term of this Leaseappropriate; provided, that however, Landlord may first lease Landlord's other available space and shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant about such reletting prior to termination reletting. Tenant shall be reimburse Landlord for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses of reletting the Premises including, but not limited to, all brokerage, advertising, legal, alteration and other expenses incurred as to secure a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet new tenant for the Premises. If In addition, if the consideration collected by Landlord upon any such reletting, after payment of the expenses of reletting the Premises are at which have not been reimbursed by Tenant, is insufficient to pay monthly the time full amount of default sublet or leased by the Rent, Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation shall pay to Landlord hereunderthe amount of each monthly deficiency as it becomes due. If such consideration is greater than the amount necessary to pay the full amount of the Rent, the full amount of such excess shall be retained by Landlord and shall in no event be payable to Tenant.

Reletting. With or without terminating If this LeaseLease is terminated, as Landlord may elect, Landlord may, by summary proceedings, re-enter and repossess the Premises, or at any part thereoftime, and lease them from time to time, relet the Premises in whole or in part either in its own name or as agent of Tenant for any other person upon such terms as period equal to or greater or less than the remainder of the then-current Term. All rentals received by Landlord shall deem reasonable, for a term within or beyond the term of this Lease; provided, that any from such reletting prior to termination shall be for applied first to the account payment of Tenantany amounts other than rent due hereunder from Tenant to Landlord; second, to the payment of any costs and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant in the absence expenses of such expirationreletting and of alterations and repairs; third, termination or repossession, less (ii) to the net proceedspayment of Base Monthly Rent and Additional Rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future Rent as it becomes due hereunder. Upon a reletting of the Premises, Landlord shall not be required to pay Tenant any reletting effected for sums received by the account Landlord in excess of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of amounts payable in accordance with this Lease. Landlord shall use commercially reasonable efforts to relet the Premisesmitigate its damages. If the Premises are at the time of default sublet or leased by Tenant to others[*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, Landlord mayWHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH A SERIES OF THREE ASTERISKS IN BRACKETS [***], as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunderHAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.]

Reletting. With or If Landlord terminates Tenant's right to possession of the Premises without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, re-enter and repossess relet the Premises, Premises or any part thereof. In such case, and lease them Landlord shall use reasonable efforts to any other person upon relet the Premises on such terms as Landlord shall reasonably deem reasonable, for a term within or beyond the term of this Leaseappropriate; provided, that however, Landlord may first lease Landlord's other available space and shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant about such reletting prior to termination reletting. Tenant shall be reimburse Landlord for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses of reletting the Premises including, but not limited to, all brokerage, advertising, legal, alteration and other fees and expenses incurred as to secure a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet new tenant for the Premises. If In addition, if the consideration collected by Landlord upon any such reletting, after payment of the expenses of reletting the Premises are at which have not been reimbursed by Tenant, is insufficient to pay monthly the time full amount of default sublet or leased by the Rent, Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation shall pay to Landlord hereunderthe amount of each monthly deficiency as it becomes due. If such consideration is greater than the amount necessary to pay the full amount of the Rent, the full amount of such excess shall be retained by Landlord and in no event shall any portion thereof be payable to Tenant.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, may re-enter and repossess the Demised Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent Annual Fixed Rent, Additional Rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ feesfees and expenses, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses expenses, direct or indirect, incurred as a result of Tenant’s breach of this the Lease. Landlord shall use commercially reasonable efforts have no obligation to relet the PremisesDemised Premises if Landlord, or any of its affiliates, shall have other comparable space available for rent. If the Demised Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With In the event of the abandonment of the Premises by Tenant or in the event that Landlord shall elect to re-enter as provided in Paragraph 25.3 or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in Xxxxxxxxx 00.0, Xxxxxxxx may from time to time, without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, re-enter and repossess relet the Premises, Premises or any part thereof, thereof for such term or terms and lease them to any other person at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretion. In the event that Landlord shall deem reasonableelect to so relet, for a term within or beyond the term of this Lease; provided, that any then rentals received by Landlord from such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant applied in the absence following order: (1) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (3) to the payment of any costs of such expiration, termination or repossession, less reletting; (ii4) to the payment of the costs of any alterations and repairs to the Premises; (5) to the payment of Rent due and unpaid hereunder; and (6) the net proceedsresidue, if any, shall be held by Landlord and applied in payment of any reletting effected for future Rent and other sums payable by Tenant hereunder as the account same may become due and payable hereunder. Should that portion of Tenant after deducting such rentals received from such proceeds all reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during the month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord’s actual expenses. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, attorneys’ feesas soon as ascertained, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual any costs and expenses incurred as a result of Tenant’s breach of this Lease. by Landlord shall use commercially reasonable efforts to relet in such reletting or in making such alterations and repairs not covered by the Premises. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due rentals received from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunderreletting.

Reletting. With In the event of the abandonment of the Premises by Tenant or in the event that Landlord shall elect to re-enter as provided in Paragraph 26(c) or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in Paraxxxxx 00(x), Xxxxxxxx xxx from time to time, without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, re-enter and repossess relet the Premises, Premises or any part thereof, thereof for such term or terms and lease them to any other person at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises. In the event that Landlord shall deem reasonableelect to so relet, for a term within or beyond the term of this Lease; provided, that any then rentals received by Landlord from such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant applied in the absence following order: (1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (3) to the payment of any costs of such expiration, termination or repossession, less reletting; (ii4) to the payment of the costs of any alterations and repairs to the Premises; (5) to the payment of Rent due and unpaid hereunder; and (6) the net proceedsresidue, if any, shall be held by Landlord and applied in payment of any reletting effected for future Rent and other sums payable by Tenant hereunder as the account same may become due and payable hereunder. Should that portion of Tenant after deducting such rentals received from such proceeds all reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during the month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord’s actual expenses. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, attorneys’ feesas soon as ascertained, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual any costs and expenses incurred as a result of Tenant’s breach of this Lease. by Landlord shall use commercially reasonable efforts to relet in such reletting or in making such alterations and repairs not covered by the Premises. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due rentals received from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunderreletting.

Reletting. With At any time when the Landlord is entitled to re-enter the Leased Premises or without terminating terminate this Lease, as the Landlord may electwithout notice to the Tenant and without terminating the Lease enter upon and take custody of the Leased Premises in the name of and as agent of the Tenant, Landlord maytogether with all of the Tenant's improvements, by summary proceedings, re-enter fixtures and repossess the Premises, or any part thereoffurnishings, and lease them sublet the Leased Premises in the name of and as the agent of the Tenant on whatever terms the Landlord may deem appropriate but no such action by the Landlord shall waive any of the obligations of the Tenant or limit the subsequent exercise of any of the Landlord's remedies for default. If the Landlord shall sublet the Leased Premises as aforesaid, the Landlord shall be entitled to receive all sublease rent and apply the same in its discretion to any other person upon such terms as indebtedness of the Tenant to the Landlord shall deem reasonable, for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by and/or to the payment of any costs and expenses of reletting, and the Landlord shall be liable to account to the Tenant in only for the absence of such expiration, termination or repossession, less (ii) the net proceedsexcess, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premisesmonies actually received by it. If the Premises are at sublease rent is less than is necessary to pay and discharge all the time then existing and continuing obligations of default sublet or leased by the Tenant to othershereunder, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply the Tenant shall pay such rents deficiency to the rent Landlord upon demand from time to time. Notwithstanding any such re-entry and subletting without termination, the Landlord may at any time thereafter terminate this Lease by reason of the previous or any other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunderdefault under the Lease and the provisions of Section 10.02 shall apply.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, may re-enter and repossess the Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, reasonable for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent Fixed Rent, Additional Rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, including employees’ expenses, attorneys’ fees, employees’ expensesreal estate brokerage commissions and alteration expenses (if any), reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premisesmitigate damages resulting from any Event of Default of Tenant, and, in no event, shall Landlord be entitled to double recovery of damages. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, may re-enter and repossess the Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, reasonable for a term within or beyond the term of this Lease; provided, that any such reletting re-letting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent Rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, including employees’ expenses, attorneys’ fees, employees’ expensesreal estate brokerage commissions and alteration expenses (if any), reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts have no obligation to relet the PremisesPremises (A) if Landlord, or any of its affiliates, have other comparable space available for rent, (B) for a rental less than the fair market rental then prevailing for other comparable space, or (C) under terms and conditions that are unacceptable to Landlord. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With At any time when the Landlord is entitled to re-enter the Leased Premises or without terminating terminate this Lease, as the Landlord may electwithout notice to the Tenant and without terminating the Lease enter upon and take custody of the Leased Premises in the name of and as agent of the Tenant, Landlord maytogether with all of the Tenant’s improvements, by summary proceedings, re-enter fixtures and repossess the Premises, or any part thereoffurnishings, and lease them sublet the Leased Premises in the name of and as the agent of the Tenant on whatever terms the Landlord may deem appropriate but no such action by the Landlord shall waive any of the obligations of the Tenant or limit the subsequent exercise of any of the Landlord’s remedies for default. If the Landlord shall sublet the Leased Premises as aforesaid, the Landlord shall be entitled to receive all sublease rent and apply the same in its discretion to any other person upon such terms as indebtedness of the Tenant to the Landlord shall deem reasonable, for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by and/or to the payment of any costs and expenses of reletting, and the Landlord shall be liable to account to the Tenant in only for the absence of such expiration, termination or repossession, less (ii) the net proceedsexcess, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premisesmonies actually received by it. If the Premises are at sublease rent is less than is necessary to pay and discharge all the time then existing and continuing obligations of default sublet or leased by the Tenant to othershereunder, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply the Tenant shall pay such rents deficiency to the rent Landlord upon demand from time to time. Notwithstanding any such re-entry and subletting without termination, the Landlord may at any time thereafter terminate this Lease by reason of the previous or any other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunderdefault under the Lease and the provisions of Section 12.02 shall apply.

Reletting. With or without terminating this Leaselease, as Landlord Lessor may elect, Landlord may, by summary proceedings, Lessor may re-enter enter. and repossess the Premisespremises, or any part thereof, breaking open locked doors if necessary, and lease them to any other person upon such terms as Landlord Lessor shall deem reasonable, for a term within or beyond the then current term of this Leaselease; provided, that any such reletting prior to termination shall be for the account of Tenant, Lessee and Tenant Lessee shall remain liable for (ia) all minimum rent, percentage rent, additional rent and other sums which would be payable under this Lease the lease by Tenant Lessee in the absence of such expiration, termination or repossession, less (iib) the net proceeds, if any, of any reletting effected for the account of Tenant Lessee after deducting from such proceeds all of Landlord’s actual Lessor's reasonable expenses in connection with such reletting (including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorneys’ fees, employees’ ' fees and expenses, reasonable employee's expenses, alteration costs, and expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Leasereletting). Landlord Lessor shall use commercially reasonable efforts to relet the Premisesmitigate its damages. If the Premises premises are at the time of an event of default sublet occupied by a subtenant or leased by Tenant to othersassignee, Landlord Lessor may, as Tenant’s Lessee's agent, collect rents due from any subtenant or other tenant such occupant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s Lessee's obligation to Landlord Lessor hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With or If Landlord terminates Tenant’s right to possession of the Premises without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, re-enter and repossess relet the Premises, Premises or any part thereof. In such case, and lease them Landlord shall use reasonable efforts to any other person upon relet the Premises on such terms as Landlord shall reasonably deem reasonable, for a term within or beyond the term of this Leaseappropriate; provided, that however, Landlord may first lease Landlord’s other available space and shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant about such reletting prior to termination reletting. Tenant shall be reimburse Landlord for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses of reletting the Premises including, but not limited to, all brokerage, advertising, legal, Alteration, and other expenses incurred as to secure a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet new tenant for the Premises. If In addition, if the consideration collected by Landlord upon any such reletting, after payment of the expenses of reletting the Premises are at which have not been reimbursed by Tenant, is insufficient to pay monthly the time full amount of default sublet or leased by the Rent, Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation shall pay to Landlord hereunderthe amount of each monthly deficiency as it becomes due. If such consideration is greater than the amount necessary to pay the full amount of the Rent, the full amount of such excess shall be retained by Landlord and shall in no event be payable to Tenant.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, may re-enter and repossess the Demised Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, for a term within or beyond the term of this LeaseLease Term; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent Annual Fixed Rent, Additional Rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after determined by deducting from the gross proceeds of any such proceeds reletting all of Landlord’s actual 's expenses, attorneys’ fees' fees and expenses, employees’ ' expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses expenses, direct or indirect, incurred as a result of Tenant’s 's breach of this Lease. Landlord and Tenant agree that Landlord shall use commercially reasonable efforts have no obligation to relet the Premisesmitigate Landlord's damages under this Lease. If the Demised Premises are at the time of default any Event of Default sublet or leased by Tenant to others, Landlord may, as Tenant’s 's agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s 's obligation to Landlord hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With or without terminating this Lease, as Landlord Lessor may elect, Landlord may, by summary proceedings, Lessor may re-enter and repossess the Leased Premises, or any part thereof, and lease them to any other person upon such terms as Landlord Lessor shall deem reasonable, for a term within or beyond the term of this LeaseTerm; provided, that any such reletting prior to termination shall be for the account of TenantLessee, and Tenant Lessee shall remain liable for (i) all rent Base Rent and other sums which would be payable under this Lease by Tenant Lessee in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant Lessee after deducting from such proceeds all of Landlord’s actual Lessor's expenses, including reasonable attorneys’ fees' fees and expenses, employees’ ' expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses expenses, direct or indirect, incurred as a result of Tenant’s Lessee's breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premises, other than expenses for which Lessor is responsible hereunder. If the Leased Premises are are, at the time of default default, sublet or leased by Tenant Lessee to others, Landlord Lessor may, as Tenant’s Lessee's agent, collect rents due from any subtenant or other tenant and apply such rents to the rent Base Rent and other amounts due hereunder without in any way affecting Tenant’s Lessee's obligation to Landlord Lessor hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, may re-enter and repossess the Demised Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, for a term within or beyond the term of this LeaseLease Term; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent Annual Fixed Rent, Additional Rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after determined by deducting from the gross proceeds of any such proceeds reletting all of Landlord’s actual 's expenses, attorneys’ fees' fees and expenses, employees’ ' expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses expenses, direct or indirect, incurred as a result of Tenant’s Xxxxxx's breach of this Lease. Landlord and Tenant agree that Landlord shall use commercially reasonable efforts have no obligation to relet the Premisesmitigate Landlord's damages under this Lease. If the Demised Premises are at the time of default any Event of Default sublet or leased by Tenant to others, Landlord may, as Tenant’s Xxxxxx's agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s Xxxxxx's obligation to Landlord hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, may re-enter and repossess in accordance with law the Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, reasonable for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent Fixed Rent, Additional Rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, including employees’ expenses, attorneys’ fees, employees’ expensesreal estate brokerage commissions and alteration expenses (if any), reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premises. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With or without terminating this LeaseSublease, as Landlord Sublessor may elect, Landlord Sublessor may, by summary proceedings, re-enter and repossess the Premises, or any part thereof, and lease them to any other person upon such terms as Landlord Sublessor shall deem reasonable, for a term within or beyond the term of this LeaseSublease; provided, that any such reletting prior to termination shall be for the account of TenantSublessee, and Tenant Sublessee shall remain liable for (i) all rent and other sums which would be payable under this Lease Sublease by Tenant Sublessee in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant Sublessee after deducting from such proceeds all of Landlord’s Sublessor's actual expenses, attorneys’ ' fees, employees’ ' expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s Sublessee's breach of this LeaseSublease. Landlord Sublessor shall use commercially reasonable efforts to relet the Premises. If the Premises are at the time of default sublet or leased by Tenant Sublessee to others, Landlord Sublessor may, as Tenant’s Sublessee's agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s Sublessee's obligation to Landlord Sublessor hereunder.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, may re-enter and repossess the Demised Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent Annual Fixed Rent, Additional Rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual 's expenses, attorneys’ fees' fees and expenses, employees’ ' expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses expenses, direct or indirect, incurred as a result of Tenant’s 's breach of this Lease. Landlord shall use commercially reasonable efforts have no obligation to relet the PremisesDemised Premises if, Landlord, or any of its affiliates, shall have other comparable space available for rent, however, Landlord shall use its best efforts to market the Demised Premises as part of Landlord's standard marketing program for all available space in the East Gate Corporate Center. If the Demised Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s 's agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s 's obligation to Landlord hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With Landlord may, with or without terminating this Lease, reenter the Premises as provided in Section 12.2.2 and relet all or any part of the Premises, for any term, for any rent, and on any terms and conditions, whereupon Tenant shall be obligated to pay to Landlord as liquidated damages the difference between the rent provided for herein and that provided for in any lease covering a subsequent reletting of the Premises, for the period which would otherwise have constituted the balance of the Term of this Lease, together with all of Landlord's reasonable costs and expenses for preparing the Premises for reletting, including without limitation all repairs, tenant finish improvements, and brokers' and attorneys' fees that Landlord, in its sole discretion, may incur, and all loss or damage which Landlord may electsustain by reason of such reentry and reletting. Landlord may recover such liquidated damages at the time of such reletting or by successive actions (without prejudice to further actions) as such damages become determinable. Landlord shall use reasonable efforts to mitigate its damages by reletting the Premises; provided, however, that this obligation shall not require Landlord may, by summary proceedings, re-enter to relet the Premises on the same terms and repossess conditions as set forth herein. Landlord shall in no event be liable in any way for failure to relet the Premises, or any part thereofin the event that the Premises are relet, for failure to collect the rent under such reletting, and lease them in no event shall Tenant be entitled to any other person upon such terms as Landlord shall deem reasonable, for a term within or beyond receive the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceedsexcess, if any, of any reletting effected for such net rent collected over the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premises. If the Premises are at the time of default sublet or leased sums payable by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder.

Reletting. With 11.03 At any time when the Landlord is entitled to re-enter the Leased Premises or without terminating terminate this Lease, as the Landlord may electwithout notice to the Tenant and without terminating the Lease enter upon and take custody of the Leased Premises in the name of and as agent of the Tenant, Landlord maytogether with all the Tenants' improvements, by summary proceedings, re-enter fixtures and repossess the Premises, or any part thereoffurnishings, and lease them sublet the Leased Premises in the name of and as the agent of the Tenant on whatever terms the Landlord may deem appropriate but no such action by the Landlord shall waive any of the obligations of the Tenant or the subsequent exercise of any of the Landlord's remedies for default. If the Landlord shall sublet the Leased Premises as aforesaid, the Landlord shall be entitled to receive all sublease rent and apply the same in its discretion to any other person upon such terms as indebtedness of the Tenant to the Landlord hereunder, and the payment of any costs and expenses of retelling, and the Landlord shall deem reasonable, for a term within or beyond be liable to account to the term of this Lease; provided, that any such reletting prior to termination shall be Tenant only for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceedsexcess, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premisesmonies actually received by it. If the Premises are at sublease rent is less than is necessary to apply and discharge all the then existing and continuing obligations of the Tenant hereunder, the Tenant shall pay such deficiency from time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents time upon demand to the rent Landlord. Notwithstanding any such re-entry and subletting without termination, the Landlord may at any time thereafter terminate this Lease by reason of the previous or any other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunderdefault under the Lease and the provisions of Section 11.02 shall apply.

Reletting. With At any time when the Landlord is entitled to re-enter the Leased Premises or without terminating terminate this Lease, as the Landlord may electwithout notice to the Tenant and without terminating the Lease enter upon and take custody of the Leased Premises in the name of and as agent of the Tenant, Landlord maytogether with all of the Tenant’s improvements, by summary proceedings, re-enter fixtures and repossess the Premises, or any part thereoffurnishings, and lease them sublet the Leased Premises in the name of and as the agent of the Tenant on whatever terms the Landlord may deem appropriate but no such action by the Landlord shall waive any of the obligations of the Tenant or limit the subsequent exercise of any of the Landlord’s remedies for default. If the Landlord shall sublet the Leased Premises as aforesaid, the Landlord shall be entitled to receive all sublease rent and apply the same in its discretion to any other person upon such terms as indebtedness of the Tenant to the Landlord shall deem reasonable, for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by and/or to the payment of any costs and expenses of reletting, and the Landlord shall be liable to account to the Tenant in only for the absence of such expiration, termination or repossession, less (ii) the net proceedsexcess, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premisesmonies actually received by it. If the Premises are at sublease rent is less than is necessary to pay and discharge all the time then existing and continuing obligations of default sublet or leased by the Tenant to othershereunder, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply the Tenant shall pay such rents deficiency to the rent Landlord upon demand from time to time. Notwithstanding any such re-entry and subletting without termination, the Landlord may at any time thereafter terminate this Lease by reason of the previous or any other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunderdefault under the Lease and the provisions of Section 10.02 shall apply.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, may re-enter and repossess the Demised Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, for a term within or beyond the term of this LeaseLease Term; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent Annual Fixed Rent, Additional Rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after determined by deducting from the gross proceeds of any such proceeds reletting all of Landlord’s actual expenses, attorneys’ feesfees and expenses, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses expenses, direct or indirect, incurred as a result of Tenant’s breach of this Lease. Landlord and Tenant agree that Landlord shall use commercially reasonable efforts have no obligation to relet the Premisesmitigate Landlord’s damages under this Lease. If the Demised Premises are at the time of default any Event of Default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, may re-enter and repossess the Demised Premises, or any part thereof, and lease them the Demised Premises or any part thereof to any other person upon such terms as Landlord shall deem reasonable, for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent Annual Fixed Rent, Additional Rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual 's expenses, reasonable attorneys’ fees' fees and expenses, employees’ ' expenses, reasonable brokerage commissions and fees, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses expenses, direct or indirect, incurred as a result of Tenant’s 's breach of this the Lease. Landlord shall use commercially reasonable efforts to relet the Demised Premises. If the Demised Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s 's agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s 's obligation to Landlord hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With or If Landlord terminates Tenant's right to possession of the Premises without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, re-enter and repossess relet the Premises, Premises or any part thereof. In such case, and lease them Landlord shall use reasonable efforts to any other person upon relet the Premises on such terms as Landlord shall reasonably deem reasonable, for a term within or beyond the term of this Leaseappropriate; provided, that however, Landlord may first lease Landlord's other available space and shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant about such reletting prior to termination reletting. Tenant shall be reimburse Landlord for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses of reletting the Premises including, but not limited to, all brokerage, advertising, legal, alteration and other expenses incurred as to secure a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet new tenant for the Premises. If In addition, if the consideration collected by Landlord upon any such reletting, after payment of the expenses of reletting the Premises are at which have not been reimbursed by Tenant, is insufficient to pay monthly the time full amount of default sublet or leased by the Rent, Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation shall pay to Landlord hereunderthe amount of each monthly deficiency as it becomes due. If such consideration is greater than the amount necessary to pay the full amount of the Rent, the full amount of such excess shall be retained by Landlord and shall in no event be payable to Tenant.

Reletting. With or If Landlord terminates Tenant's right to possession of the --------- Premises without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, re-enter and repossess relet the Premises, Premises or any part thereofthereof In such case, and lease them Landlord shall use reasonable efforts to any other person upon relet the Premises on such terms as Landlord shall reasonably deem reasonable, for a term within or beyond the term of this Leaseappropriate; provided, that however, Landlord may first lease Landlord's other available space and shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant about such reletting prior to termination reletting. Tenant shall be reimburse Landlord for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses of reletting the Premises including, but not limited to, all brokerage, advertising, legal, alteration and other expenses incurred as to secure a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet nov; tenant for the Premises. If In addition, if the consideration collected by Landlord upon any such reletting, after payment of the expenses of reletting the Premises are at which have not been reimbursed by Tenant, is insufficient to pay monthly the time full amount of default sublet or leased by the Rent, Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation shall pay to Landlord hereunderthe amount of each monthly deficiency as it becomes due. If such consideration is greater than the amount necessary to pay the full amount of the Rent, the full amount of such excess shall be retained by Landlord and shall in no event be payable to Tenant.

Reletting. With or In the event that Landlord shall elect to re-enter as provided in Section 18.2(b), then (provided Landlord does not elect to terminate this Lease pursuant to Section 18.2(a)), Landlord may from time to time, without terminating this Lease, either recover all rental as Landlord may elect, Landlord may, by summary proceedings, re-enter and repossess it becomes due or relet the Premises, Premises or any part thereof, thereof for such term or terms and lease them to any other person at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make reasonable alterations and repairs to the Premises that may be required to procure a replacement tenant of the Premises. In the event that Landlord shall deem reasonableelect to so relet, for a term within or beyond the term of this Lease; provided, that any then rentals received by Landlord from such reletting prior to termination shall be for applied first, to the account payment of Tenantany indebtedness other than Rent due from Tenant to Landlord; second, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant in to the absence payment of any cost of such expirationreletting; third, termination or repossessionto the payment of the cost of any alterations and repairs to the Premises; fourth, less (ii) to the net proceedspayment of Rent due and unpaid; and the residue, if any, shall be held by Landlord and applied in payment of any reletting effected for future Rent as the account same may become due and payable under this Lease. Should that portion of Tenant after deducting such rentals received from such proceeds all reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand therefor by Landlord’s actual expenses. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, attorneys’ feesas soon as ascertained, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual any costs and expenses incurred as a result of Tenant’s breach of this Lease. by Landlord shall use commercially reasonable efforts to relet in such reletting or in making such alterations and repairs not covered by the Premises. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due rentals received from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunderreletting.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, may re-enter and repossess the Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, reasonable for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent Fixed Rent, Additional Rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual commercially reasonable expenses, including employees’ expenses, attorneys’ fees, employees’ expensesreal estate brokerage commissions and alteration expenses (if any), reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall agrees to use commercially reasonable efforts to mitigate its damages in connection with the occurrence of an Event of Default under this Lease by Tenant (which efforts shall include reletting the Premises); provided, however, Landlord shall have no obligation to relet the PremisesPremises (x) if Landlord, or any of its affiliates, have other comparable space available for rent, (y) for a rental less than the fair market rental then prevailing for other comparable space, or (z) under terms and conditions that are unacceptable to Landlord. If the Premises are at the time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With 11.03 At any time when the Landlord is entitled to re-enter the Leased Premises or without terminating terminate this Lease, as the Landlord may electwithout notice to the Tenant and without terminating the Lease enter upon and take custody of the Leased Premises in the name of and as agent of the Tenant, Landlord maytogether with all the Tenant's improvements, by summary proceedings, re-enter fixtures and repossess the Premises, or any part thereoffurnishings, and lease them sublet the Leased Premises in the name of and as the agent of the Tenant on whatever terms the Landlord may deem appropriate but no such action by the Landlord shall waive any of the obligations of the Tenant or the subsequent exercise of any of the Landlord's remedies for default. If the Landlord shall sublet the Leased Premises as aforesaid, the Landlord shall be entitled to receive all sublease rent and apply the same in its discretion to any other person upon such terms as indebtedness of the Tenant to the Landlord hereunder, and the payment of any costs and expenses of reletting, and the Landlord shall deem reasonable, for a term within or beyond be liable to account to the term of this Lease; provided, that any such reletting prior to termination shall be Tenant only for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceedsexcess, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premisesmonies actually received by it. If the Premises are at sublease rent is less than is necessary to pay and discharge all the then existing and continuing obligations of the Tenant hereunder, the Tenant shall pay such deficiency from time of default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents time upon demand to the rent Landlord. Notwithstanding any such re-entry and subletting without termination, the Landlord may at any time thereafter terminate this Lease by reason of the previous or any other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunderdefault under the Lease and the provisions of Section 11.02 may apply.

Reletting. With 10.03 At any time when the Landlord is entitled to re-enter the Leased Premises or without terminating terminate this Lease, as the Landlord may electwithout notice to the Tenant and without terminating the Lease enter upon and take custody of the Leased Premises in the name of and as agent of the Tenant, Landlord maytogether with all the Tenant's improvements, by summary proceedings, re-enter fixtures and repossess the Premises, or any part thereoffurnishings, and lease them sublet the Leased Premises in the name of and as the agent of the Tenant on whatever terms the Landlord may deem appropriate but no such action by the Landlord shall waive any of the obligations of the Tenant or limit the subsequent exercise of any of the Landlord's remedies for default. If the Landlord shall sublet the Leased Premises as aforesaid, the Landlord shall be entitled to receive all sublease rent and apply the same in its discretion to any other person upon such terms as indebtedness of the Tenant to the Landlord shall deem reasonable, for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by and/or to the payment of any costs and expenses of reletting, and the Landlord shall be liable to account to the Tenant in only for the absence of such expiration, termination or repossession, less (ii) the net proceedsexcess, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet the Premisesmonies actually received by it. If the Premises are at sublease rent is less than is necessary to pay and discharge all the time then existing and continuing obligations of default sublet or leased by the Tenant to othershereunder, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply the Tenant shall pay such rents deficiency to the rent Landlord upon demand from time to time. Notwithstanding any such re-entry and subletting without termination, the Landlord may at any time thereafter terminate this Lease by reason of the previous or any other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder.default under the Lease and the provisions of Section 10.02 shall apply. DISTRESS

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, may re-enter and repossess the Premises, or any part thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, commercially reasonable for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all rent Fixed Rent, Additional Rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, including reasonable attorneys’ fees, employees’ expensesreal estate brokerage commissions and alteration expenses (if any), reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses incurred as a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts have no obligation to relet the PremisesPremises (x) if Landlord, or any of its affiliates, have other comparable space available for rent, (y) for a rental less than the fair market rental then prevailing for other comparable space, or (z) under terms and conditions that are unacceptable to Landlord, acting reasonably. If the Premises are at the time of default Event of Default sublet or leased by Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation to Landlord hereunder. Such agency, being given for security, is hereby declared to be irrevocable.

Reletting. With or If Landlord terminates Tenant’s right to possession of the Premises without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, re-enter and repossess relet the Premises, Premises or any part thereof. In such case, and lease them Landlord shall use reasonable efforts to any other person upon relet the Premises on such terms as Landlord shall reasonably deem reasonable, for a term within or beyond the term of this Leaseappropriate; provided, that however, Landlord may first lease Landlord’s other available space and shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant about such reletting prior to termination reletting. Tenant shall be reimburse Landlord for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses of reletting the Premises including, but not limited to, all brokerage, advertising, legal, alteration, and other expenses incurred as to secure a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet new tenant for the Premises. If In addition, if the consideration collected by Landlord upon any such reletting, after payment of the expenses of reletting the Premises are at which have not been reimbursed by Tenant, is insufficient to pay monthly the time full amount of default sublet or leased by the Rent, Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation shall pay to Landlord hereunderthe amount of each monthly deficiency as it becomes due. If such consideration is greater than the amount necessary to pay the full amount of the Rent, the full amount of such excess shall be retained by Landlord and shall in no event be payable to Tenant.

Reletting. With or If Landlord terminates Tenant's right to possession of the --------- Premises without terminating this Lease, as Landlord may elect, Landlord may, by summary proceedings, re-enter and repossess relet the Premises, Premises or any part thereof. In such case, and lease them Landlord shall use reasonable efforts to any other person upon relet the Premises on such terms as Landlord shall reasonably deem reasonable, for a term within or beyond the term of this Leaseappropriate; provided, that however, Landlord may first lease Landlord's other available space and shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant about such reletting prior to termination reletting. Tenant shall be reimburse Landlord for the account of Tenant, and Tenant shall remain liable for (i) all rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s actual expenses, attorneys’ fees, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all other actual costs and expenses of reletting the Premises including, but not Limited to, all brokerage, advertising, legal, alteration and other expenses incurred as to secure a result of Tenant’s breach of this Lease. Landlord shall use commercially reasonable efforts to relet new tenant for the Premises. If In addition, if the consideration collected by Landlord upon any such reletting, after payment of the expenses of reletting the Premises are at which have not been reimbursed by Tenant, is insufficient to pay monthly the time full amount of default sublet or leased by the Rent and if Landlord has not terminated this Lease pursuant to Section 16.D below, then Tenant to others, Landlord may, as Tenant’s agent, collect rents due from any subtenant or other tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting Tenant’s obligation shall pay to Landlord hereunderthe amount of each monthly deficiency as it becomes due. If such consideration is greater than the amount necessary to pay the full amount of the Rent, the full amount of such excess shall be retained by Landlord and shall in no event be payable to Tenant.