Common use of Reletting Clause in Contracts

Reletting. Tenant acknowledges that Landlord has entered into this Lease in reliance upon, among other matters, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, as then determined by Landlord in its sole discretion; (B) to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rent.

Reletting. Tenant acknowledges In the event that Landlord has entered into shall elect to re-enter as provided in Section 20.2 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 reliance uponSection 20.2, among other mattersLandlord may from time to time, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a resultwithout terminating this Lease, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from any part thereof for such default. If term or terms and at such waiver is not effective under then applicable law rental or rentals and upon such other terms and conditions as Landlord otherwise elects, at in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole option, to attempt to relet all or any part of discretion. In the Premises, Tenant agrees event that Landlord has no obligation toshall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i) relet to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the Premises prior event suit is filed by Landlord to leasing any other space within the Buildingenforce such remedies; (ii) relet to the Premises (A) at a rental rate or otherwise on terms below market, as then determined by Landlord in its sole discretion; (B) payment of any indebtedness other than Rent due hereunder from Tenant to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide to the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketablepayment of any costs of such reletting; (iv) pay to the payment of the costs of any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good alterations and sufficient funds, repairs to the full amount thereof in advancePremises; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of RentRent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such 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. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Reletting. In the event of the abandonment of the Premises by Tenant acknowledges or in the event that Landlord has entered into 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 reliance uponParagraph a, among other mattersLandlord may from time to time, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a resultwithout terminating this Lease, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any thereof for such term or terms and at such rental or rentals and upon such other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, and conditions as then determined by Landlord in its sole discretion; (B) discretion may deem advisable with the right to any entity not satisfying Landlord’s make alterations and repairs to the Premises. In the event that Landlord shall elect to so relet, then standard financial credit risk criteria; (C) for a use rentals received by Landlord from such reletting shall be applied in the following order: (1) not consistent with Tenant’s use prior to defaultreasonable 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) which would violate then applicable law or to the payment of any restrictive covenant or indebtedness other lease affecting the Buildingthan Rent due hereunder from Tenant to Landlord; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rent.any costs of such reletting; (4) 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 residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such 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. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting; provided, Tenant shall not be obligated to Landlord for any such costs attributable to the removal (or repair following removal) of the Tenant Improvements described in Exhibit F.

Reletting. In the event of the abandonment of the Premises by Tenant acknowledges or in the event that Landlord has entered into 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 reliance uponParagraph a, among other mattersLandlord may from time to time, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a resultwithout terminating this Lease, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any thereof for such term or terms and at such rental or rentals and upon such other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, and conditions as then determined by Landlord in its sole discretion; (B) discretion may deem advisable with the right to any entity not satisfying Landlord’s make alterations and repairs to the Premises. In the event that Landlord shall elect to so relet, then standard financial credit risk criteria; (C) for a use rentals received by Landlord from such reletting shall be applied in the following order: (1) not consistent with Tenant’s use prior to defaultreasonable 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) which would violate then applicable law or to the payment of any restrictive covenant or indebtedness other lease affecting the Buildingthan Rent due hereunder from Tenant to Landlord; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentany costs of such reletting; (4) 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 residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such 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. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Reletting. In the event of the abandonment of the Premises by --------- Tenant acknowledges or in the event that Landlord has entered into 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 reliance uponParagraph a, among other mattersLandlord may from time to time, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a resultwithout terminating this Lease, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any thereof for such term or terms and at such rental or rentals and upon such other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, and conditions as then determined by Landlord in its sole discretion; (B) discretion may deem advisable with the right to any entity not satisfying Landlord’s make alterations and repairs to the Premises. In the event that Landlord shall elect to so relet, then standard financial credit risk criteria; (C) for a use rentals received by Landlord from such reletting shall be applied in the following order: (1) not consistent with Tenant’s use prior to defaultreasonable 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) which would violate then applicable law or to the payment of any restrictive covenant or indebtedness other lease affecting the Buildingthan Rent due hereunder from Tenant to Landlord; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentany costs of such reletting; (4) 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 residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such 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. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Reletting. In the event of the abandonment of the Premises by Tenant acknowledges or in the event that Landlord has entered into shall elect to re-enter or shall take possession of the Premises, then if Landlord does not elect to terminate this Lease as provided in reliance uponSection (a)(i) above, among other mattersLandlord may from time to time, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a resultwithout terminating this Lease, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any thereof for such team or terms and at such rental or rentals and upon such other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, and conditions as then determined by Landlord in its sole discretion; (B) discretion may deem advisable with the right to any entity not satisfying Landlord’s make alterations and repairs to the Premises. In the event that Landlord shall elect to so release, then standard financial credit risk criteria; (C) for a use rentals received by Landlord from such reletting shall be applied in the following order: (1) not consistent with Tenant’s use prior to defaultreasonable 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) which would violate then applicable law or to the payment of any restrictive covenant or indebtedness other lease affecting the Buildingthan Rent due hereunder from Tenant to Landlord; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentany costs of such reletting (amortized as set forth in Section (a)(3) above); (4) to the payment of the costs of any alterations and repairs to the Premises (amortized as set forth in Section (a)(3) above); (5) to the payment of Rent due and unpaid hereunder; and (6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder should that portion of such rentals received from such 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. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting (amortized as set forth in Section (a)(3) above).

Reletting. Tenant acknowledges that Landlord has entered into (1) Upon termination of this Lease or expiration of Tenant's right to occupy the Premises by reason of the happening of any of the foregoing events, or in reliance uponany other manner or circumstances whatsoever, among other matterswhether with or without legal proceedings, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice by reason of competent counsel, any duty of Landlord (and any affirmative defense or based upon such duty) following or arising out of a default or breach of this Lease on the part of Tenant, Landlord may, at its option, at any default time and from time to time relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part or parts thereof, for the account of Tenant or otherwise, and receive and collect the rent therefore, applying the same first to the payment of such expenses as Landlord may have incurred in recovering possession of the Premises, Tenant agrees that including the attorney's fees and expenses for putting the same into good order and condition or preparing or altering the same for re-rental to the extent Landlord has no obligation to: (i) relet the Premises prior to leasing any deems necessary or desirable and all other space within the Building; (ii) relet the Premises (A) at a rental rate commercially reasonable expenses, commissions and charges paid, assumed or otherwise on terms below market, as then determined incurred by Landlord in its sole discretion; (B) or about reletting the Premises and then to the fulfillment of the covenants of Tenant hereunder. Any such reletting herein provided for may be for the remainder of the initial term or any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) renewal term of this Lease, as originally granted, or for a longer or shorter period; Landlord shall have the right to change the character and use (1) made of the Premises, and Landlord shall not consistent with Tenant’s use prior be required to default; accept any substitute tenant offered by Tenant or to observe any instructions given by Tenant about reletting. (2) which would violate then applicable law In any such case, and whether or not the Premises or any restrictive covenant or part thereof be relet, Tenant shall pay to Landlord the Base Rent and all Additional Rent and other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be charges required to alter other portions be paid by Tenant up to the later of the Building, make ADA-type modifications time of such termination of the Lease or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of such recovery of possession of the Premises by Landlord thenLandlord, as the case may be, and thereafter, except in such eventa case in which liability of Tenant (as hereinafter provided), arises by reason of the happening of the insolvency of Tenant, Tenant will be deemed covenants and agrees, if required by Landlord, to have automatically waivedpay to Landlord until the end of the initial term of this Lease, and released and discharged Landlord from and againstor any renewal term, any as the case may be, the equivalent of the amount of all Rent reserved hereunder, and all other claims charges required to be paid by Tenant, less the net proceeds of reletting, if any. Landlord shall have the election in place of holding Tenant so liable forthwith to recover against Tenant as damages for loss of the bargain and defenses to not as a penalty, an aggregate sum which at the payment time of Rentsuch termination of this Lease or of such recovery of possession of the Premises by Landlord, as the case may be, represents the then present worth of the excess, if any, of the aggregate of the Rent and all other charges payable by Tenant hereunder that would have accrued for the balance of the initial term, or any renewal term, as the case may be, over the then present worth of the fair market rents and all other charges for the Premises for the balance of such term.

Reletting. In the event of the abandonment of the Premises by Tenant acknowledges or in the event that Landlord has entered into shall elect to re-enter as provided in Paragraph 25(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 reliance uponPara▇▇▇▇▇ ▇▇(▇), among other matters▇▇▇▇▇▇▇▇ ▇▇▇ from time to time, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a resultwithout terminating this Lease, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any thereof for such term or terms and at such rental or rentals and upon such other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, and conditions as then determined by Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord's sole discretion; (B) . In the event that Landlord shall elect to any entity not satisfying Landlord’s so relet, then standard financial credit risk criteria; (C) for a use rentals received by Landlord from such reletting shall be applied in the following order: (1) not consistent with Tenant’s use prior to defaultreasonable 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) which would violate then applicable law or to the payment of any restrictive covenant or indebtedness other lease affecting the Buildingthan Rent due hereunder from Tenant to Landlord; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentany costs of such reletting; (4) 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 residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such 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. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Reletting. After Tenant’s default (and for so long as Landlord does not terminate Tenant’s right to possession of the Premises), Landlord may, to the extent allowable under the Laws, and in Landlord’s sole and absolute discretion (but without obligation) elect to enter into the Premises and relet them, or any part of them, to third parties for Tenant’s account. Tenant acknowledges that shall be immediately liable to Landlord has entered into for all costs Landlord incurs in reletting the Premises, including brokers’ commissions, expenses of remodeling the Premises, and like costs. Reletting can be for a period shorter or longer than the remaining Term of this Lease. Tenant will pay to Landlord the Rent due under this Lease in reliance uponon the dates the Rent is due, among other matters, Tenant’s agreement and continuing obligation to pay all less the Rent due throughout the TermLandlord receives from reletting. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of If Landlord (and any affirmative defense based upon such duty) following any default elects to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise electspursuant to this §15.2(c), at Landlord’s sole option, to attempt to relet all or any part of the Premises, Tenant agrees Rent that Landlord has no obligation to: receives from reletting will be applied to the payment of: (ia) relet the Premises prior first, any indebtedness from Tenant to leasing any Landlord other space within the Buildingthan Rent due from Tenant; (iib) relet the Premises (A) at a rental rate or otherwise on terms below marketsecond, as then determined all costs, including costs incurred by Landlord in its sole discretionreletting; and (Bc) third, Rent due and unpaid under this Lease. After deducting the payments referred to above in this §15.2(c), any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior sum remaining from the Rent Landlord receives from reletting will be held by Landlord and applied in payment of future Rent as Rent becomes due under this Lease. If, on the date Rent is due under this Lease, the Rent received from the reletting is less than the Rent due on that date, Tenant will pay to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient fundsaddition to the remaining Rent due, the full amount thereof in advance; (v) payall costs, and/or grant any allowance for, tenant finish or other including costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do sofor maintenance, Landlord would be required to alter other portions of incurred in reletting which remain after applying the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systemsRent received from the reletting. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made No act by Landlord prior allowed by this §15.2(c) will terminate this Lease unless Landlord notifies Tenant in writing that Landlord elects to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentterminate this Lease.

Reletting. Tenant acknowledges that Landlord has entered into this Lease in reliance upon, among other matters, Tenant’s agreement and continuing obligation agrees to pay all Rent due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default use reasonable efforts to relet the Premises or otherwise mitigate Tenant Space after Tenant vacates the Tenant Space in the event that the Lease is terminated following an Event of Default by Tenant hereunder. Marketing of the Tenant Space in a manner similar to the manner in which Landlord markets other premises within Landlord’s damages arising from such default. control in the Building shall be deemed to have satisfied Landlord’s obligation to use “reasonable efforts.” If such waiver is not effective under then applicable law or if Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of the PremisesTenant Space, Tenant agrees that that, in any event, Landlord has no obligation to: (i) relet the Premises Tenant Space prior to leasing any other space within the Building; or (ii) relet the Premises Tenant Space (A) at a rental rate or otherwise on terms below market, as then determined by Landlord in its sole discretion; (B) to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or or (4) which would involve any use of Hazardous SubstancesMaterials not in compliance with applicable Legal Requirements; (iii) divide solicit or entertain negotiations with any other prospective tenants for the PremisesTenant Space until Landlord obtains full and complete possession of the Tenant Space, install new demising walls including, without limitation, the final and unappealable legal right to re-let the Tenant Space free of any claim of Tenant; or otherwise reconfigure the Premises to make same more marketable; (iv) pay make any leasing alterations to the Tenant Space or other commissions arising from the Building or otherwise incur any costs in connection with any such reletting, unless Tenant unconditionally delivers to Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rent.

Reletting. Tenant acknowledges that Landlord has entered into After such termination of this Lease in reliance uponand the surrender and yield-up of the Premises by Tenant pursuant to the foregoing provisions, among other matters, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default will exercise commercially reasonable efforts to relet the Premises or otherwise mitigate after Tenant vacates the Premises; however, the marketing of the Premises in a manner similar to the manner in which Landlord markets other premises within Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at control in the Building shall be deemed to have satisfied Landlord’s sole option, obligation to attempt use “reasonable efforts.” In no event shall Landlord be required to relet all (i) solicit or entertain negotiations with any part other prospective tenants for the Premises unless and until Landlord obtains full and complete possession of the Premises, Tenant agrees that Landlord has no obligation to: including the final and unappealable legal right to relet the Premises free of any claim of Tenant, (iii) lease the Premises to a tenant whose proposed use, in Landlord’s reasonable judgment, will be unacceptable, (iii) relet the Premises prior to leasing any other vacant space within in the Building; , suitable for the use of the prospective tenant, (iiiv) relet lease the Premises (A) at for a rental rate less than the current fair market rent then prevailing for similar space in the Building, or otherwise on terms below market(v) enter into a lease with any proposed tenant that does not have, in Landlord’s reasonable opinion, sufficient financial wherewithal and resources to satisfy its financial obligations under the prospective lease. Landlord shall be entitled to take into account in connection with any such reletting of the Premises all relevant factors which would be taken into account by a sophisticated landlord in securing a replacement tenant for the Premises including the first class quality of the Building, matters of tenant mix, and the financial responsibility of any such replacement tenant. Landlord, at Landlord’s option, may make such alterations, decorations and other physical changes in and to the Premises as then determined by Landlord Landlord, in its sole discretion; (B) to , considers advisable or necessary in connection with such reletting or proposed reletting. No action or inaction by Landlord in connection with such reletting shall relieve Tenant of any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls liability under this Lease or otherwise reconfigure affecting any such liability. Landlord shall have no other obligation to mitigate the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless damages for which Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentis responsible under this Lease.

Reletting. In the event of the abandonment of the Premises by Tenant acknowledges or in the event that Landlord has entered into shall elect to re-enter as provided in Paragraph 25(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 reliance upon▇▇▇▇▇▇▇▇▇ ▇▇(▇), among other matters▇▇▇▇▇▇▇▇ may from time to time, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a resultwithout terminating this Lease, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any thereof for such term or terms and at such rental or rentals and upon such other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, and conditions as then determined by Landlord in its sole discretion; (B) discretion may deem advisable with the right to any entity not satisfying Landlord’s make alterations and repairs to the Premises. In the event that Landlord shall elect to so relet, then standard financial credit risk criteria; (C) for a use rentals received by Landlord from such reletting shall be applied in the following order: (1) not consistent with Tenant’s use prior to defaultreasonable 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) which would violate then applicable law or to the payment of any restrictive covenant or indebtedness other lease affecting the Buildingthan Rent due hereunder from Tenant to Landlord; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentany reasonable costs of such reletting; (4) to the payment of the costs of any reasonable alterations and repairs to the Premises; (5) to the payment of Rent due and unpaid hereunder; and (6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such 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. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses reasonably and necessarily incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Reletting. In the event Landlord terminates the right of Tenant acknowledges that Landlord has entered into to possession of the Premises without terminating this Lease in reliance uponas aforesaid, among other matters, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default shall use reasonable efforts to relet the Premises or otherwise mitigate Landlord’s damages arising from any part thereof for the account of Tenant for such default. If rent, for such waiver is not effective under then applicable law or time (which may be for a term extending beyond the Term) and upon such terms as Landlord otherwise elects, at in Landlord’s sole optiondiscretion shall determine (including concessions of free rent and other inducements to prospective tenants), and Landlord shall not be required to attempt accept any tenant offered by Tenant or to relet all or observe any part instructions given by Tenant relative to such reletting and may give the leasing of any unleased space in the Building priority over the reletting of the Premises. Also, Tenant agrees that in any such event, Landlord has no obligation to: (i) relet may make repairs, alterations and additions in or to the Premises prior and redecorate the same to leasing any other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, as then determined extent deemed by Landlord necessary, and, in its sole discretion; (B) connection therewith, change the locks to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure and Tenant shall upon demand pay the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount cost thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated together with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by expenses of reletting. Landlord prior to may collect the rents from any actual reentry of such reletting and apply the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses same first to the payment of Rentthe expenses of re-entry, redecoration, repair and alterations and the expense of reletting (including without limitation brokers’ commissions and reasonable attorneys’ fees) and second to the payment of Rent herein provided to be paid by Tenant. Any excess or residue shall operate only as an offsetting credit against the amount of Rent as the same theretofore became or thereafter becomes due and payable hereunder, but the use of such offsetting credit to reduce the amount of Rent due Landlord, if any, shall not be deemed to give Tenant any right, title or interest in or to such excess or residue and any such excess or residue shall belong solely to Landlord. No such re-entry or repossession, repairs, alterations and additions, or reletting shall be construed as an eviction or ouster of Tenant, an election on Landlord’s part to terminate this Lease or an acceptance of a surrender of this Lease, unless a written notice of such intention be given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder. Landlord may, at any time and from time to time, ▇▇▇ and recover judgment for any deficiencies remaining after the application of the proceeds of any such reletting.

Reletting. In the event of the abandonment of the Premises by Tenant acknowledges or in the event that Landlord has entered into 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 reliance uponParagraph a, among other mattersLandlord may from time to time, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a resultwithout terminating this Lease, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any thereof for such term or terms and at such rental or rentals and upon such other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, and conditions as then determined by Landlord in its sole discretion; (B) discretion may deem advisable with the right to any entity not satisfying Landlord’s make alterations and repairs to the Premises. In the event that Landlord shall elect to so relet, then standard financial credit risk criteria; (C) for a use rentals received by Landlord from such reletting shall be applied in the following order: (1) not consistent with Tenant’s use prior to defaultreasonable 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) which would violate then applicable law or to the payment of any restrictive covenant or indebtedness other lease affecting the Buildingthan Rent due hereunder from Tenant to Landlord; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentany costs of such reletting; (4) 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 residue, if any, shall be held by landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such 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. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Reletting. Tenant acknowledges that Landlord has entered into After such termination of this Lease in reliance uponand the surrender and yield-up of the Premises by Tenant pursuant to the foregoing provisions, among other matters, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default will exercise commercially reasonable efforts to relet the Premises or otherwise mitigate after Tenant vacates the Premises, which shall include marketing the Premises in a manner similar to the manner in which Landlord markets other premises within Landlord’s damages arising from such defaultcontrol in the Building. If such waiver is not effective under then applicable law In no event shall Landlord be required to (i) solicit or entertain negotiations with any other prospective tenants for the Premises unless and until Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part obtains full and complete possession of the Premises, Tenant agrees that Landlord has no obligation to: including the final and unappealable legal right to relet the Premises free of any claim of Tenant, (iii) lease the Premises to a tenant whose proposed use, in Landlord’s reasonable judgment, will be unacceptable, (iii) relet the Premises prior to leasing any other vacant space within in the Building; , suitable for the use of the prospective tenant, (iiiv) relet lease the Premises (A) at for a rental rate less than the current fair market rent then prevailing for similar space in the Building, or otherwise on terms below market(v) enter into a lease with any proposed tenant that does not have, in Landlord’s reasonable opinion, sufficient financial wherewithal and resources to satisfy its financial obligations under the prospective lease. Landlord shall be entitled to take into account in connection with any such reletting of the Premises all relevant factors which would be taken into account by a sophisticated landlord in securing a replacement tenant for the Premises including the first class quality of the Building, matters of tenant mix, and the financial responsibility of any such replacement tenant. Landlord, at Landlord’s option, may make such alterations, decorations and other physical changes in and to the Premises as then determined by Landlord Landlord, in its sole discretion; (B) to , considers advisable or necessary in connection with such reletting or proposed reletting. No action or inaction by Landlord in connection with such reletting shall relieve Tenant of any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls liability under this Lease or otherwise reconfigure affecting any such liability. Landlord shall have no other obligation to mitigate the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless damages for which Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentis responsible under this Lease.

Reletting. Tenant acknowledges that If Landlord has entered into terminates Tenant's right to possession of the Premises without terminating this Lease in reliance uponLease, among other mattersLandlord may relet the Premises or any part thereof. In such case, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default shall use reasonable efforts to relet the Premises on such terms as Landlord shall reasonably deem appropriate; provided, 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. In such case, Tenant shall be liable for and shall pay to Landlord, as damages, any deficiency (referred to as "Deficiency") between the Rent for the period (the "Unexpired Period") which otherwise mitigate would have constituted the unexpired portion of the Term (assuming that if the Lease is terminated prior to the date that Tenant would have the right to exercise Tenant's First Termination Option or Second Termination Option, as applicable in accordance with Section 29, in determining the unexpired portion of the Term, Tenant shall be deemed to have exercised the Tenant's First Termination Option or Second Termination Option, as applicable, and in calculating the Deficiency, the First Termination Payment or Second Termination Payment, as applicable, shall be included in the calculating thereof and Tenant shall not otherwise have liability with respect to the portion of the Term following the First Termination Date or Second Termination Date, as applicable), and the net amount, if any, of rents collected under any reletting effected pursuant to the provisions of this Section 16 for any part of such period (first deducting from the rents collected under any such reletting all of Landlord expenses in connection with exercising Landlord’s damages arising from 's rights hereunder, Landlord's re-entry upon on the Premises and such defaultreletting, including, but not limited to, all actual repossession costs, brokerage commissions, legal expenses, attorneys' fees and disbursements, alteration costs and other expenses of preparing the Premises for such reletting, provided that, if the reletting extends beyond the Unexpired Period, such reletting expense shall be pro-rated between the Unexpired Period and the period occurring after the Unexpired Period based on the number of days in each period, and only such expenses so attributable to the Unexpired Period shall be deducted as aforesaid). If such waiver is not effective under then applicable law or Landlord otherwise electsIn addition, at Landlord’s sole optionif the Premises, to attempt to relet all or any part thereof, shall be relet together with other space in the Building, other rents collected or reserved under any such reletting and the expenses of any such reletting shall be equitable apportioned for purposes of this Section 16.C. Solely for the purposes of this Section 16, the Adjustment Rent component of Rent shall mean the Adjustment Rent in effect immediately piror to the date of termination or the date of re-entry upon the Premises by Landlord, as the case may be. Any such Deficiency shall be paid in monthly installments by Tenant on the days specified in this Lease for payment of installments of Monthly Base Rent, Landlord shall be entitled to recover form Tenant each monthly Deficiency as the same shall arise (with the First Termination Payment or Second Termination Payment, as applicable, being paid as provided for in Section 29, provided that once the First Termination Payment or Second Termination Payment, as applicable, is made, Tenant shall have no further liability or obligation to Landlord under this Lease), and no suit to collect the amount of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet Deficiency for any month shall prejudice Landlord's right to collect the Premises prior to leasing Deficiency for any other space within subsequent month by a similar proceedings. If the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, as then determined consideration received by Landlord in its sole discretion; (B) connection with such reletting is greater than the amount necessary to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting pay the Building; (3) which would impose a greater burden upon full amount of the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient fundsRent, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may of such excess shall be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made retained by Landlord prior and shall in no event be payable to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of RentTenant.

Reletting. In the event of the abandonment of the Premises by Tenant acknowledges or in the event that Landlord has entered into shall elect to re-enter as provided in Paragraph 25(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 reliance uponParagraph 25(a), among other mattersLandlord may ▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a resultwithout terminating this Lease, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate any part thereof for such term or terms and 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 damages arising 's sole discretion. In the event that Landlord shall elect to so relet, then rentals received by Landlord from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of reletting shall be applied in the Premises, Tenant agrees that Landlord has no obligation tofollowing order: (i) relet to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the Premises prior event suit is filed by Landlord to leasing any other space within the Buildingenforce such remedies; (ii) relet to the Premises (A) at a rental rate or otherwise on terms below market, as then determined by Landlord in its sole discretion; (B) payment of any indebtedness other than Rent due hereunder from Tenant to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide to the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketablepayment of any costs of such reletting; (iv) pay to the payment of the costs of any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good alterations and sufficient funds, repairs to the full amount thereof in advancePremises; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of RentRent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such 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. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Reletting. At any time or from time to time after the repossession of the Leased Premises or any part thereof pursuant to Section 15.3, whether or not the Term shall have been terminated pursuant to Section 15.2 (iii), Landlord shall use commercially reasonable efforts, in its own name as agent for Tenant acknowledges that Landlord if the Term has entered into not been terminated, or on its own behalf if this Lease in reliance uponhas been terminated, among other matters, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of the PremisesLeased Premises for the account of Tenant for such term or terms (which may be greater or less than the period which would otherwise have constituted the balance of the Term) and on such conditions and provisions (which may include concessions or free rent) as Landlord, Tenant agrees that in its absolute and sole discretion, may determine, and Landlord has no obligation to: may collect and receive any rents payable by reason of such reletting. Notwithstanding the foregoing: (i) Landlord shall not be required to (a) accept any tenant offered by Tenant, (b) observe any instruction given by Tenant about such reletting, (c) endeavor to relet the Premises prior to leasing any if Landlord has other space within available or which will become available elsewhere in the Building; Property, or (d) relet to any tenant whose business or proposed use would be inconsistent or not compatible, in Landlord's sole opinion, with the overall leasing, use and occupancy of the Property or whose financial responsibility or standing is not satisfactory to Landlord. For the purpose of such reletting, Landlord may decorate or make repairs, changes, alterations or additions in or to the Leased Premises or any part thereof to the extent deemed by Landlord to be desirable or convenient, and the cost of such decoration, repairs, changes, alterations or additions shall be charged to and be payable by Tenant as additional Rent hereunder, as well as all reasonable brokerage and legal fees expended by Landlord in connection with such reletting. No reletting shall be deemed to be a surrender and acceptance of the Leased Premises. (ii) relet Net rent received by Landlord from any third party tenant as a result of reletting the Leased Premises (A) at a rental rate or otherwise on terms below marketi.e., as then determined by Landlord in its sole discretion; (B) to any entity net of all costs of the reletting, including but not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant limited to, brokerage fees, free rent or other lease affecting concessions paid or credited to the Building; (3third party tenant, the cost of refurbishing or fitting-up the space, legal and other expenses incurred as a result of Tenant's Default and those incurred in reletting) which would impose a greater burden upon during or attributable to the Building’s parkingperiod ending on the Expiration Date, HVAC or other facilities; and/or (4) which would involve any use shall be credited against the Rent otherwise payable by Tenant during the remainder of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers LandlordTerm, in good and sufficient funds, inverse order against the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may last Rent payments to be amortized over made under the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions provisions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentthis Lease.

Reletting. In the event of the abandonment of the Premises by Tenant acknowledges that or if Landlord has entered into this Lease elects to re-enter as provided in reliance uponParagraph 25(d) or takes possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, among other matters, then without terminating Tenant’s agreement and continuing obligation contractual liability for Landlord’s damages, Landlord may from time to pay all Rent due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to time relet the Premises or otherwise mitigate Landlord’s damages arising from any part thereof for such default. If term or terms and at such waiver is not effective under then applicable law rental or rentals and upon such other terms and conditions as Landlord otherwise elects, at in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole optiondiscretion. If Landlord shall elect to so relet, to attempt to relet all or any part of then rentals received by Landlord from such reletting shall be applied in the Premises, Tenant agrees that Landlord has no obligation tofollowing order: (i) relet to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the Premises prior event suit is filed by Landlord to leasing any other space within the Buildingenforce such remedies; (ii) relet to the Premises (A) at a rental rate or otherwise on terms below market, as then determined by Landlord in its sole discretion; (B) payment of any indebtedness other than Rent due hereunder from Tenant to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide to the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketablepayment of any costs of such reletting; (iv) pay to the payment of the costs of any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good alterations and sufficient funds, repairs to the full amount thereof in advancePremises; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of RentRent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such month by Tenant, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Reletting. Tenant acknowledges that Landlord has entered into If this Lease in reliance upon, among other matters, or Tenant’s agreement right to possession is terminated, or Tenant abandons the Premises, Landlord may: (i) enter and continuing obligation secure the Premises, change the locks, install barricades, remove any improvements, fixtures or other property of Tenant therein, perform any decorating, remodeling, repairs, alterations, improvements or additions and take such other actions as Landlord shall determine in Landlord’s sole discretion to pay all Rent due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default prevent damage or deterioration to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise electsprepare the same for reletting, at Landlord’s sole option, to attempt to and (ii) relet all or any portion of the Premises (separately or as part of a larger space), for any rent, use or period of time (which may extend beyond the PremisesTerm hereof), and upon any other terms as Landlord shall determine in Landlord’s sole discretion, directly or as Tenant’s agent (if permitted or required by applicable Law). The consideration received from such reletting shall be applied pursuant to the terms of Paragraph H hereof, and if such consideration, as so applied, is not sufficient to cover all Rent and damages to which Landlord may be entitled hereunder, Tenant agrees that shall pay any deficiency to Landlord as the same accrues or after the same has no obligation accrued from time to time upon demand, subject to the other provisions hereof. E. Specific Performance, Collection of Rent and Acceleration. Landlord shall at all times have the right without prior demand or notice except as required by applicable Law to: (i) relet the Premises prior seek any declaratory, injunctive or other equitable relief, and specifically enforce this Lease or restrain or enjoin a violation of any provision hereof, and Tenant hereby waives any right to leasing any require that Landlord post a bond or other space within the Building; security in connection therewith, and (ii) relet ▇▇▇ for and collect any unpaid Rent which has accrued. Notwithstanding anything to the Premises contrary contained in this Lease, to the extent not expressly prohibited by applicable Law, in the event of any Default by Tenant, Landlord may terminate this Lease or Tenant’s right to possession and accelerate and declare all Rent reserved for the remainder of the Term to be immediately due and payable (Ain which event, Tenant’s obligations for Taxes and Expenses that would have accrued thereafter shall be projected in the manner described in Section B (1), above); provided the Rent so accelerated shall be discounted in accordance with accepted financial practice at the rate of seven percent (7%) at a rental rate or otherwise on terms below marketper annum to the then present value, and Landlord shall, after receiving payment of the same from Tenant, be obligated to turn over to Tenant any actual net reletting proceeds (net of all Costs of Reletting) thereafter received during the remainder of the Term, up to the amount so received from Tenant pursuant to this provision. F. Late Charges, Interest, and Returned Checks. Tenant shall pay, as then determined by Landlord in its sole discretion; additional Rent, a service charge of Three Hundred Dollars (B$300.00) to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rent.three percent

Reletting. In the event of the abandonment of the Premises by Tenant acknowledges or in the event that Landlord has entered into 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 reliance upon▇▇▇▇▇▇▇▇▇ ▇▇(▇), among other matters▇▇▇▇▇▇▇▇ may from time to tune, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a resultwithout terminating this Lease, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any thereof for such term or terms and at such rental or rentals and upon such other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, and conditions as then determined by Landlord in its sole discretion; (B) discretion may deem advisable with the right to any entity not satisfying make alterations and repairs to the Premises in Landlord’s sole discretion. In the event that Landlord shall elect to so relet, then standard financial credit risk criteria; (C) for a use rentals received by Landlord from such reletting shall be applied in the following order: (1) not consistent with Tenant’s use prior to defaultreasonable 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) which would violate then applicable law or to the payment of any restrictive covenant or indebtedness other lease affecting the Buildingthan Rent due hereunder from Tenant to Landlord; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentany costs of such reletting; (4) 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 residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such 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. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Reletting. Tenant acknowledges that Landlord has entered into After such termination of this Lease in reliance uponand the surrender and yield-up of the Premises by Tenant pursuant to the foregoing provisions, among other matters, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default will exercise commercially reasonable efforts to relet the Premises after Tenant vacates the Premises; however, the marketing of the Premises in a manner similar to the manner in which Landlord markets other premises within Landlord's control in the Building shall be deemed to have satisfied Landlord's obligation to use "reasonable efforts." In no event shall Landlord be required to (i) solicit or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or entertain negotiations with any other prospective tenants for the Premises unless and until Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part obtains full and complete possession of the Premises, Tenant agrees that Landlord has no obligation to: including the final and unappealable legal right to relet the Premises free of any claim of Tenant, (iii) lease the Premises to a tenant whose proposed use, in Landlord's reasonable judgment, will be unacceptable, (iii) relet the Premises prior to leasing any other vacant space within in the Building; , suitable for the use of the prospective tenant, (iiiv) relet lease the Premises (A) at for a rental rate less than the current fair market rent then prevailing for similar space in the Building, or otherwise on terms below market(v) enter into a lease with any proposed tenant that does not have, in Landlord's reasonable opinion, sufficient financial wherewithal and resources to satisfy its financial obligations under the prospective lease. Landlord shall be entitled to take into account in connection with any such reletting of the Premises all relevant factors which would be taken into account by a sophisticated landlord in securing a replacement tenant for the Premises including the first class quality of the Building, matters of tenant mix, and the financial responsibility of any such replacement tenant. Landlord, at Landlord's option, may make such alterations, decorations and other physical changes in and to the Premises as then determined by Landlord Landlord, in its sole discretion; (B) to , considers advisable or necessary in connection with such reletting or proposed reletting. No action or inaction by Landlord in connection with such reletting shall relieve Tenant of any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls liability under this Lease or otherwise reconfigure affecting any such liability. Landlord shall have no other obligation to mitigate the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless damages for which Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentis responsible under this Lease.

Reletting. In the event of the abandonment of the Premises by Tenant acknowledges or in the event that Landlord has entered into shall elect to re-enter as provided in Paragraph 25(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 reliance upon▇▇▇▇▇▇▇▇▇ ▇▇(▇), among other matters▇▇▇▇▇▇▇▇ may from time to time, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a resultwithout terminating this Lease, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part thereof for such term of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any terms and at such rental or rentals and upon such other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, and conditions as then determined by Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord's sole discretion; (B) . In the event that Landlord shall elect to any entity not satisfying Landlord’s so relet, then standard financial credit risk criteria; (C) for a use rentals received by Landlord from such reletting shall be applied in the following order: (1) not consistent with Tenant’s use prior to defaultreasonable 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) which would violate then applicable law or to the payment of any restrictive covenant or indebtedness other lease affecting the Buildingthan Rent due hereunder from Tenant to Landlord; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentany costs of such reletting; (4) 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 residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such 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. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Reletting. Tenant acknowledges that Landlord has entered into (1) Upon termination of this Lease or expiration of Tenant's right to occupy the Premises by reason of the happening of any of the foregoing events, or in reliance uponany other manner or circumstances whatsoever, among other matterswhether with or without legal proceedings, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice by reason of competent counsel, any duty of Landlord (and any affirmative defense or based upon such duty) following or arising out of a default or breach of this Lease on the part of Tenant, Landlord may, at its option subject to the proviso set forth at the end of this Section A(1), at any default time and from time to time relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part or parts thereof, for the account of Tenant or otherwise, and receive and collect the rent therefore, applying the same first to the payment of such expenses as Landlord may have incurred in recovering possession of the Premises, Tenant agrees that including the attorney's fees and expenses for putting the same into good order and condition or preparing or altering the same for re-rental to the extent Landlord has no obligation to: (i) relet the Premises prior to leasing any deems necessary or desirable and all other space within the Building; (ii) relet the Premises (A) at a rental rate commercially reasonable expenses, commissions and charges paid, assumed or otherwise on terms below market, as then determined incurred by Landlord in its sole discretion; (B) or about reletting the Premises and then to the fulfillment of the covenants of Tenant hereunder. Any such reletting herein provided for may be for the remainder of the initial term or any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) renewal term of this Lease, as originally granted, or for a longer or shorter period; Landlord shall have the right to change the character and use made of the Premises, and Landlord shall not be required to accept any substitute tenant offered by Tenant or to observe any instructions given by Tenant about reletting. In the event Landlord terminates this Lease or is entitled to possession of the Premises after surrender thereof by Tenant by reason of default by Tenant, Landlord shall use reasonable efforts under the circumstances to relet the space; provided, however, Landlord may lease as Landlord reasonably deems appropriate, using the same standards as Landlord would use when leasing similar space (1) not consistent with Tenant’s assuming Landlord has all ownership and financial risk as to such similar space). Further, in the event of a default or breach of this Lease by either party, the other party shall use prior all reasonable effort under the circumstances to default; mitigate any damages for which the breaching party might be responsible. (2) which would violate then applicable law In any such case, and whether or not the Premises or any restrictive covenant or part thereof be relet, Tenant shall pay to Landlord the Base Rent and all Additional Rent and other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be charges required to alter other portions be paid by Tenant up to the later of the Building, make ADA-type modifications time of such termination of the Lease or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of such recovery of possession of the Premises by Landlord thenLandlord, as the case may be, and thereafter on a monthly basis, less the net proceeds of reletting, if any, except in such eventa case in which liability of Tenant (as hereinafter provided), arises by reason of the happening of the insolvency of Tenant, Tenant will be deemed covenants and agrees, if required by Landlord, to have automatically waivedpay to Landlord until the end of the initial term of this Lease, and released and discharged Landlord from and againstor any renewal term, any as the case may be, the equivalent of the amount of all Rent reserved hereunder, and all other claims charges required to be paid by Tenant, less the net proceeds of reletting, if any. Landlord shall have the election in place of holding Tenant so liable forthwith to recover against Tenant as damages for loss of the bargain and defenses to not as a penalty, an aggregate sum which at the payment time of Rentsuch termination of this Lease or of such recovery of possession of the Premises by Landlord, as the case may be, represents the then present worth of the excess, if any, of the aggregate of the Rent and all other charges payable by Tenant hereunder that would have accrued for the balance of the initial term, or any renewal term, as the case may be, over the then present worth of the fair market rents and all other charges for the Premises for the balance of such term.

Reletting. In the event of the abandonment of the Premises by Tenant acknowledges or in the event that Landlord has entered into shall elect to re-enter as provided in Paragraph 25(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 reliance uponPara▇▇▇▇▇ ▇▇(▇), among other matters▇▇▇▇▇▇▇▇ ▇▇▇ from time to time, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a resultwithout terminating this Lease, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate any part thereof for such term or terms and 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 damages arising 's sole discretion. In the event that Landlord shall elect to so relet, then rentals received by Landlord from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of reletting shall be applied in the Premises, Tenant agrees that Landlord has no obligation tofollowing order: (i) relet to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the Premises prior event suit is filed by Landlord to leasing any other space within the Buildingenforce such remedies; (ii) relet to the Premises (A) at a rental rate or otherwise on terms below market, as then determined by Landlord in its sole discretion; (B) payment of any indebtedness other than Rent due hereunder from Tenant to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide to the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketablepayment of any costs of such reletting; (iv) pay to the payment of the costs of any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good alterations and sufficient funds, repairs to the full amount thereof in advancePremises; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of RentRent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such 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. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Reletting. In the event Landlord terminates the right of Tenant acknowledges that Landlord has entered into to --------- possession of the Premises without terminating this Lease in reliance uponas aforesaid, among other matters, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default shall use reasonable efforts to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part thereof for the account of Tenant for such rent, for such time (which may be for a term extending beyond the Term) and upon such terms as Landlord in Landlord's sole discretion shall determine (including concessions of free rent and other inducements to prospective tenants), and Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant relative to such reletting and may give the leasing of any unleased space in the Building priority over the reletting of the Premises. Also, Tenant agrees that in any such event, Landlord has no obligation to: (i) relet may make repairs, alterations and additions in or to the Premises prior and redecorate the same to leasing any other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, as then determined extent deemed by Landlord necessary or desirable, and, in its sole discretion; (B) connection therewith, change the locks to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure and Tenant shall upon demand pay the Premises to make cost thereof together with Landlord's expenses of reletting. Landlord may collect the rents from any such reletting and apply the same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses first to the payment of Rentthe expenses of re-entry, redecoration, repair and alterations and the expense of reletting (including without limitation brokers' commissions and attorneys' fees) and second to the payment of Rent herein provided to be paid by Tenant. Any excess or residue shall operate only as an offsetting credit against the amount of Rent as the same theretofore became or thereafter becomes due and payable hereunder, but the use of such offsetting credit to reduce the amount of Rent due Landlord, if any, shall not be deemed to give Tenant any right, title or interest in or to such excess or residue and any such excess or residue shall belong solely to Landlord. No such re-entry or repossession, repairs, alterations and additions, or reletting shall be construed as an eviction or ouster of Tenant, an election on Landlord's part to terminate this Lease or an acceptance of a surrender of this Lease, unless a written notice of such intention be given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant's obligations hereunder. Landlord may, at any time and from time to time, ▇▇▇ and recover judgment for any deficiencies remaining after the application of the proceeds of any such reletting.

Reletting. In the event of the abandonment of the Premises by Tenant acknowledges or in the event that Landlord has entered into 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 reliance upon▇▇▇▇▇▇▇▇▇ ▇▇(▇), among other matters▇▇▇▇▇▇▇▇ may from time to time, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a resultwithout terminating this Lease, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from any part thereof for such default. If term or terms and at such waiver is not effective under then applicable law rental or rentals and upon such other terms and conditions as Landlord otherwise elects, at in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole option, to attempt to relet all or any part of discretion. In the Premises, Tenant agrees event that Landlord has no obligation toshall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i) relet to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the Premises prior event suit is filed by Landlord to leasing any other space within the Buildingenforce such remedies; (ii) relet to the Premises (A) at a rental rate or otherwise on terms below market, as then determined by Landlord in its sole discretion; (B) payment of any indebtedness other than Rent due hereunder from Tenant to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide to the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketablepayment of any costs of such reletting; (iv) pay to the payment of the costs of any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good alterations and sufficient funds, repairs to the full amount thereof in advancePremises; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of RentRent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such 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. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Reletting. In the event Landlord terminates the right of Tenant acknowledges that Landlord has entered into to possession of the Premises without terminating this Lease in reliance uponas aforesaid, among other matters, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default shall use commercially reasonable efforts to relet the Premises or otherwise mitigate any part thereof for the account of Tenant for such rent, for such time (which may be for a term extending beyond the Term) and upon such terms as Landlord in Landlord’s damages arising from reasonable discretion shall determine (including concessions of free rent and other inducements to prospective tenants), and Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant relative to such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or reletting and may give the leasing of any part unleased space in the Building priority over the reletting of the Premises. Also, Tenant agrees that in any such event, Landlord has no obligation to: (i) relet may make repairs, alterations and additions in or to the Premises prior and redecorate the same to leasing any other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, as then determined extent deemed by Landlord necessary, and, in its sole discretion; (B) connection therewith, change the locks to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure and Tenant shall upon demand pay the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount reasonable cost thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated together with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by reasonable expenses of reletting. Landlord prior to may collect the rents from any actual reentry of such reletting and apply the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses same first to the payment of Rentthe expenses of re-entry, redecoration, repair and alterations and the expense of reletting (including without limitation brokers’ commissions and reasonable attorneys’ fees) and second to the payment of Rent herein provided to be paid by Tenant. Any excess or residue shall operate only as an offsetting credit against the amount of Rent as the same theretofore became or thereafter becomes due and payable hereunder, but the use of such offsetting credit to reduce the amount of Rent due Landlord, if any, shall not be deemed to give Tenant any right, title or interest in or to such excess or residue and any such excess or residue shall belong solely to Landlord. No such re-entry or repossession, repairs, alterations and additions, or reletting shall be construed as an eviction or ouster of Tenant, an election on Landlord’s part to terminate this Lease or an acceptance of a surrender of this Lease, unless a written notice of such intention be given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder. Landlord may, at any time and from time to time, s▇▇ and recover judgment for any deficiencies remaining after the application of the proceeds of any such reletting.

Reletting. If Landlord terminates the right of Tenant acknowledges that to possession of the Premises without terminating this Lease, such termination of possession shall not release Tenant, in whole or in part, from Tenant's obligations hereunder for the full Term. Landlord has entered into shall have the right from time to time, to recover from Tenant, and Tenant shall remain liable for, all rent and any other sums accruing as they become due under this Lease in reliance upon, among other matters, Tenant’s agreement and continuing obligation during the period from the date of such notice of termination of possession to pay all Rent due throughout the expiration of the Term. As a resultIn any such case, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default shall use all reasonable efforts to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part thereof for the account of Tenant for such rent, for such time (which may be for a term extending beyond the Premises, Tenant agrees that Landlord has no obligation to: (iTerm of this Lease) relet the Premises prior to leasing any other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on and upon such terms below market, as then determined by Landlord in its sole discretion; (B) to any entity Landlord's reasonable discretion shall determine, and Landlord shall not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of accept any tenant offered by Tenant or to observe any instructions given by Tenant relative to such reletting. Also, in any such case, Landlord may change the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC locks or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry entry devices of the Premises and make repairs, alterations and additions in or to the Premises and redecorate the same to the extent deemed by Landlord then, in such event, Tenant will be deemed to have automatically waivedreasonably necessary or desirable, and released Tenant shall upon ten (10) days written notice pay the cost thereof together with Landlord's expenses of reletting, including, without limitation, brokerage commissions payable to Landlord's Agent or to others. Landlord may collect the rents from any such reletting and discharged Landlord from and against, any and all other claims and defenses apply the same first to the payment of the expenses of reentry, redecoration, repair and alterations and the expenses of reletting and second to the payment of Base Rent and Additional Rent herein provided to be paid by Tena▇▇, ▇▇d any excess or residue shall operate only as an offsetting credit against the amount of Base Rent and Additional Rent due and owing as the same thereafter becomes due and payable hereunder. The use of such offsetting credit to reduce the amount of Base Rent and Additional Rent due Landlord, if any, shall not be deemed to give Tenant any right, title or interest in or to such excess or residue and any such excess or residue shall belong to Landlord solely; provided that in no event shall Tenant be entitled to a credit on its indebtedness to Landlord in excess of the aggregate sum (including Base Rent and Additional Rent) due and owing or which would have been paid by Tenant for the period for which the credit to Tenant is being determined, had no default occurred, as applicable. No such reentry, repossession, repairs, alterations, additions or reletting shall be construed as an eviction or ouster of Tenant or as an election on Landlord's part to terminate this Lease, unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant's obligations hereunder, and Landlord may, at any time and from time to time, sue and recover judgment for any deficiencies from time to time remaining after the application from time to time of the proceeds of any such reletting.

Reletting. If Landlord terminates Tenant’s right to possession of the Premises without terminating this Lease, Landlord shall use reasonable efforts to mitigate its damages by reletting the Premises on such terms as Landlord shall reasonably deem appropriate; provided, however, Landlord may first lease Landlord’s other available space and shall not be required to accept any tenant offered by Tenant acknowledges or to observe any instructions given by Tenant about such reletting. Tenant shall reimburse Landlord for the reasonable costs and expenses of reletting the Premises, which were actually incurred by Landlord, including, but not limited to, all reasonable brokerage, advertising, legal, alteration (excluding tenant improvements, the cost of which are amortized over the new lease), and other expenses incurred to secure a new tenant for the Premises. If the new lease is for a term which extends beyond what would have been the unexpired Term of this Lease, then all such expenses shall be prorated on a straight line basis over the term of the new lease and only that Landlord has entered into portion of the expenses relative to what would have been the unexpired Term of this Lease shall be deducted from the reletting proceeds in reliance upon, among other matters, determining Tenant’s agreement and continuing obligation liability. In addition, if the consideration collected by Landlord upon any such reletting, after payment of the expenses of reletting the Premises which have not been reimbursed by Tenant, is insufficient to pay all Rent due throughout monthly the Term. As a resultfull amount of the Rent, Tenant hereby knowingly and voluntarily waives, after advice shall pay to Landlord the amount of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from such defaulteach monthly deficiency as it becomes due. If such waiver consideration is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, greater than the amount necessary to attempt to relet all or any part pay the full amount of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, as then determined by Landlord in its sole discretion; (B) to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient fundsRent, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may of such excess shall be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made retained by Landlord prior and shall in no event be payable to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of RentTenant.

Reletting. In the event of the abandonment of the Premises by Tenant acknowledges or in the event that Landlord has entered into 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 reliance uponParagraph a, among other mattersLandlord may from time to time, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a resultwithout terminating this Lease, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any thereof for such term or terms and at such rental or rentals and upon such other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, and conditions as then determined by Landlord in its sole discretion; (B) discretion may deem advisable with the right to any entity not satisfying Landlord’s make alterations and repairs to the Premises. In the event that Landlord shall elect to so relet, then standard financial credit risk criteria; (C) for a use rentals received by Landlord from such reletting shall be applied in the following order: (1) not consistent with Tenant’s use prior to defaultreasonable attorneys’ fees incurred by Landlord as a result of an Event of Default and costs in the event suit is filed by Landlord to enforce such remedies; (2) which would violate then applicable law or to the payment of any restrictive covenant or indebtedness other lease affecting the Buildingthan Rent due hereunder from Tenant to Landlord; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentany costs of such reletting; (4) 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 residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such 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. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Reletting. In the event Landlord terminates the right of Tenant acknowledges that Landlord has entered into to possession of the Premises without terminating this Lease in reliance uponas aforesaid, among other matters, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default shall use reasonable efforts to relet the Premises or otherwise mitigate any part thereof for the account of Tenant for such rent, for such time (which may be for a term extending beyond the Term) and upon such terms as Landlord in Landlord’s damages arising from reasonable discretion shall determine (including concessions of free rent and other market-based inducements to prospective tenants), and Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant relative to such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or reletting and may give the leasing of any part unleased space in the Building priority over the reletting of the Premises. Also, Tenant agrees that in any such event, Landlord has no obligation to: (i) relet the Premises prior may make repairs in or to leasing any other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, as then determined by Landlord in its sole discretion; (B) to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlordand, in good and sufficient fundsconnection therewith, change the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet locks to the Premises, if to do so, Landlord would be required to alter other portions of and Tenant shall upon demand pay the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises cost thereof together with Landlord’s mitigation as an affirmative defense to a claim made by expenses of reletting. Landlord prior to may collect the rents from any actual reentry of such reletting and apply the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses same first to the payment of Rentthe expenses of re-entry repair and the expense of reletting (including without limitation brokers’ commissions and reasonable attorneys’ fees) and second to the payment of Rent herein provided to be paid by Tenant. Any excess or residue shall operate only as an offsetting credit against the amount of Rent as the same theretofore became or thereafter becomes due and payable hereunder, but the use of such offsetting credit to reduce the amount of Rent due Landlord, if any, shall not be deemed to give Tenant any right, title or interest in or to such excess or residue and any such excess or residue shall belong solely to Landlord. No such re-entry or repossession, repairs, alterations and additions, or reletting shall be construed as an eviction or ouster of Tenant, an election on Landlord’s part to terminate this Lease or an acceptance of a surrender of this Lease, unless a written notice of such intention be given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder. Landlord may, at any time and from time to time, ▇▇▇ and recover judgment for any deficiencies remaining after the application of the proceeds of any such reletting. In no event shall the expense of reletting charged to Tenant include Landlord’s cost to alter, redecorate or improve the Premises beyond necessary repairs.

Reletting. Tenant acknowledges that Landlord has entered into this Lease in reliance upon, among other matters, Tenant’s 's agreement and continuing obligation to pay all Rent due throughout the Term. As a resultTo the extent required by law, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) agrees to use reasonable efforts following any default Event of Default to relet the Premises or otherwise mitigate Landlord’s 's damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise electsEvent of Default; provided, at Landlord’s sole option, to attempt to relet all or any part of the Premiseshowever, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, as then determined by Landlord in its sole discretion; (B) to any entity not satisfying Landlord’s 's then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to defaultgeneral office purposes; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s 's parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous SubstancesMaterials; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made LANDLORD'S LIEN 20. Landlord disclaims any statutory or constitutional lien. SURRENDER OF PREMISES 21. No act by Landlord prior shall be deemed an acceptance of a surrender of the Premises, and no agreement to any actual reentry accept a surrender of the Premises shall be valid unless the same is made in writing and signed by Landlord. At the expiration or termination of this Lease, Tenant shall deliver to Landlord thenthe Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (and condemnation and fire or other casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in such eventwhole or in part, by Landlord). Additionally, Tenant will shall remove such alterations, additions, improvements, trade fixtures, equipment, wiring and furniture as Landlord may request. Tenant shall repair all damage caused by such removal. All items not so removed shall be deemed to have automatically waivedbeen abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and released and discharged Landlord from and against, without any and all other claims and defenses obligation to account for such items. The provisions of this Section 21 shall survive the payment end of Rentthe Term.

Reletting. In the event of the abandonment of the Premises by Tenant acknowledges that or if Landlord has entered into this Lease elects to re-enter as provided in reliance uponParagraph 25.3 or takes possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, among other matters, then without terminating Tenant’s agreement and continuing obligation contractual liability for Landlord’s damages, Landlord may from time to pay all Rent due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to time relet the Premises or otherwise mitigate Landlord’s damages arising from any part thereof for such default. If term or terms and at such waiver is not effective under then applicable law rental or rentals and upon such other terms and conditions as Landlord otherwise elects, at in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole optiondiscretion. If Landlord shall elect to so relet, to attempt to relet all or any part of then rentals received by Landlord from such reletting shall be applied in the Premises, Tenant agrees that Landlord has no obligation tofollowing order: (i) relet to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the Premises prior event suit is filed by Landlord to leasing any other space within the Buildingenforce such remedies; (ii) relet to the Premises (A) at a rental rate or otherwise on terms below market, as then determined by Landlord in its sole discretion; (B) payment of any indebtedness other than Rent due hereunder from Tenant to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide to the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketablepayment of any costs of such reletting; (iv) pay to the payment of the costs of any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good alterations and sufficient funds, repairs to the full amount thereof in advancePremises; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of RentRent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such month by Tenant, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Reletting. In the event of the abandonment of the Premises by Tenant acknowledges or in the event that Landlord has entered into shall elect to re-enter as provided in Paragraph 25(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 reliance uponParagraph 25(a), among other mattersLandlord may from time to time, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a resultwithout terminating ▇▇▇▇ ▇▇▇▇▇, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all ▇▇▇▇▇ ▇▇▇ ▇▇emises or any part of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any thereof for such term or terms and at such rental or rentals and upon such other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, and conditions as then determined by Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord's sole discretion; (B) . In the event that Landlord shall elect to any entity not satisfying Landlord’s so relet, then standard financial credit risk criteria; (C) for a use rentals received by Landlord from such reletting shall be applied in the following order: (1) not consistent with Tenant’s use prior to defaultreasonable 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) which would violate then applicable law or to the payment of any restrictive covenant or indebtedness other lease affecting the Buildingthan Rent due hereunder from Tenant to Landlord; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentany costs of such reletting; (4) 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 residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such 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. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Reletting. Tenant acknowledges that Notwithstanding the foregoing, to the extent (but no further) Landlord has entered into this Lease in reliance uponis required by applicable Texas law to mitigate damages, among other mattersor is required by law to use efforts to do so, Tenant’s agreement and continuing obligation to pay all Rent due throughout such requirement cannot be lawfully and effectively waived (it being the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty intention of Landlord (and any affirmative defense based upon Tenant that Tenant WAIVE such duty) following any default requirements to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then maximum extent permitted by applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of the Premiseslaw), Tenant agrees that Landlord has no obligation to: (i) relet shall not be deemed to have failed to mitigate damages, or the Premises prior to leasing any other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, as then determined efforts required by Landlord in its sole discretion; (B) to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, because: (i) Landlord would leases other space in the Building which is vacant prior to re-letting the Leased Premises; (ii) Landlord refuses to relet the Leased Premises to any affiliate of Tenant, or any principal of Tenant, or any affiliate of such principal (for purposes of this section of the Lease, "affiliate" shall mean and refer to any person or entity controlling, under common control with, or controlled by the party in question); (iii) Landlord refuses to relet the Leased Premises to any person or entity whose creditworthiness is not acceptable to Landlord in the exercise of its reasonable discretion; (iv) Landlord refuses to relet the Leased Premises to any person or entity because the use proposed to be required to alter made of the Leased Premises by such prospective tenant is not general office use of a type and nature consistent with that of the other tenants in the portions of the Building leased or held for lease for general office purposes as of the date Tenant defaults under this Lease (by way of illustration, but not limitation, government offices, consular offices, doctor's offices or medical or dental clinics or laboratories, or schools would not be uses consistent with that of other tenants in the Building), or such use would, in Landlord's reasonable judgment, impose unreasonable or excessive demands upon the Building systems, equipment or facilities; (v) Landlord refuses to relet the Leased Premises to any person or entity, or any affiliate of such person or entity, who is or has been engaged in litigation with Landlord or any of its affiliates; (vi) Landlord refuses to relet the Leased Premises because the tenant or the terms and provisions of the proposed lease are not approved by the holders of any liens or security interests in the Building, make ADA-type modifications or otherwise install would cause Landlord to be in default of, or replace to be unable to perform any sprinklerof its covenants or obligations under, security, safety, HVAC any agreements between Landlord and any third party; (vii) Landlord refuses to relet the Leased Premises because the proposed tenant is unwilling to execute and deliver Landlord's standard lease form or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises such tenant requires improvements to the Leased Premises to be paid at Landlord’s mitigation as an affirmative defense 's cost and expense; or (viii) Landlord refuses to relet the Leased Premises to a claim made by person or entity whose character or reputation, or the nature of such prospective tenant's business, would not be acceptable to Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentits reasonable discretion.

Reletting. Tenant acknowledges that Landlord has entered into this Lease in reliance upon, among other matters, In the event of Tenant’s agreement abandonment of the Premises or if Landlord shall elect to reenter or shall take possession of the Premises pursuant to any legal proceeding or pursuant to any notice provided by law, and continuing obligation until Landlord elects to pay terminate this Lease, Landlord may, from time to time, without terminating this Lease, recover all Rent rent as it becomes due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to under Section 18.5 above and/or relet the Premises or otherwise mitigate Landlord’s damages arising any part thereof for the account of and on behalf of Tenant, on any terms, for any term (whether or not longer than the Term of this Lease) and at any rent as Landlord in its reasonable discretion may deem advisable, and Landlord may make any alterations and repairs to the Premises in connection therewith. Tenant hereby irrevocably constitutes and appoints Landlord as its special attorney-in-fact, irrevocable and coupled with an interest, for purposes of reletting the Premises pursuant to the immediately preceding sentence. In the event that Landlord shall elect to so relet the Premises on behalf of Tenant, then rent received by Landlord from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole optionreletting shall be applied: (a) First, to attempt to relet all reimburse Landlord for the costs and expenses of such reletting (including, without limitation, costs and expenses of retaking or any part of repossessing the Premises, Tenant agrees that removing persons and property therefrom, securing new tenants, and, if Landlord has no obligation to: (i) relet the Premises prior to leasing any other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, as then determined by Landlord in its sole discretion; (B) to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide shall maintain and operate the Premises, install new demising walls the costs thereof) and necessary or otherwise reconfigure reasonable alterations. (b) Second, to the Premises payment of any indebtedness of Tenant to make Landlord other than Basic Annual Rent and other sums due and unpaid hereunder. (c) Third, to the payment of rent, Basic Annual Rent and other sums due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment of other or future obligations of Tenant to Landlord as the same more marketable; (iv) pay any leasing or other commissions arising may become due and payable. Should the rent received from such reletting, unless when applied in the manner and order indicated above, at any time be less than the total amount owing from Tenant unconditionally delivers pursuant to this Lease, then Tenant shall pay such deficiency to Landlord, in good and sufficient funds, the full amount thereof in advance; if Tenant does not pay such deficiency within five (v5) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do sodays of its receipt of written notice, Landlord would be required to alter may bring an action against Tenant for recovery of such deficiency or may pursue its other portions remedies hereunder or under California Civil Code Section 1951.8, California Code of the BuildingCivil Procedure Section 1161 et seq., make ADA-type modifications or otherwise install any similar, successor or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry related provision of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentlaw.

Reletting. In the event of the abandonment of the Premises by Tenant acknowledges or in the event that Landlord has entered into shall elect to re-enter as provided in Paragraph 25(b) 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 reliance uponP▇▇▇▇▇▇▇▇ ▇▇(▇), among other matters▇▇▇▇▇▇▇▇ may from time to time, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a resultwithout terminating this Lease, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any thereof for such term or terms and at such rental or rentals and upon such other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, and conditions as then determined by Landlord in its sole discretion; (B) discretion may deem advisable with the right to any entity not satisfying make alterations and repairs to the Premises in Landlord’s sole discretion. In the event that Landlord shall elect to so relet, then standard financial credit risk criteria; (C) for a use rentals received by Landlord from such reletting shall be applied in the following order: (1) not consistent with Tenant’s use prior to defaultreasonable 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) which would violate then applicable law or to the payment of any restrictive covenant or indebtedness other lease affecting the Buildingthan Rent due hereunder from Tenant to Landlord; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentany costs of such reletting; (4) 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 residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such 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. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Reletting. Tenant acknowledges that Landlord ▇▇▇▇▇▇▇▇ has entered into this Lease in reliance upon, among other matters, Tenant▇▇▇▇▇▇’s agreement and continuing obligation to pay all Rent due throughout the Term. As a resultUpon Landlord’s termination of this Lease and ▇▇▇▇▇▇’s possession after the occurrence of an Event of Default, Tenant hereby knowingly and voluntarily waivesto the extent required under then applicable law, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default agrees to use commercially reasonable efforts to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise electsPremises; provided, at Landlord’s sole optionhowever, to attempt to relet all or any part of the Premisesin connection therewith, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, as then determined by Landlord in its sole discretion; (B) to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to defaultthe Event of Default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous SubstancesMaterials; (iiiii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (viiii) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made INTENTIONALLY DELETED 20. Intentionally deleted. SURRENDER OF PREMISES 21. No act by Landlord prior shall be deemed an acceptance of a surrender of the Premises, and no agreement to any actual reentry accept a surrender of the Premises shall be valid unless the same is made in writing and signed by Landlord then, in such eventLandlord. At the expiration or termination of this Lease, Tenant will shall deliver to Landlord the Premises with all improvements located thereon broom clean and in good repair and condition, reasonable wear and tear (and condemnation and fire or other casualty damage (including a Damage Event) not intentionally caused by Tenant, as to which Sections 14 and 15 shall control) excepted, and shall deliver to Landlord all keys to the Premises. At the time of expiration or termination of this Lease, Tenant shall remove (a) all trade fixtures, equipment, wiring, cabling, furniture and the IT room/AC equipment; and (b) such alterations, additions, improvements performed by or for Tenant, as Landlord may request (unless Landlord at the time of such request for approval agrees in writing that Tenant shall not be required to remove such improvement or alteration upon Lease expiration). Tenant shall repair all damage caused by such removal. Notwithstanding the foregoing, Tenant shall not be obligated to remove the Landlord’s Work or the Tenant Improvements completed in accordance with Exhibit H-1 and H-2, attached hereto, unless with respect to Tenant Improvements, Landlord notifies Tenant otherwise in writing at the time such Tenant Improvements are approved in accordance with Exhibit H-2. All items not so removed shall be deemed to have automatically waivedbeen abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items. The provisions of this Section 21 shall survive the end of the Term. HOLDING OVER 22. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance and, (i) Tenant shall pay, in addition to the other Rent, a daily Basic Rental equal to 150% of the daily Basic Rental payable during the last month of the Term; and (ii) if Tenant holds over for more than thirty (30) days after the end of the Term, in addition to the amount in (i) above, Landlord shall be entitled to pursue consequential damages, if any, resulting from such hold over but only to the extent the consequential damages relate to the period after the first 30 days of the hold over (and not to the first thirty (30) days of the holdover) and, in addition, Landlord may also pursue a confession of judgment solely for possession of the Premises. ▇▇▇▇▇▇▇▇ acknowledges and agrees that the damages and remedies in this Section 22 are Landlord’s exclusive damages and remedies for a holdover and Landlord shall not be entitled to any other damages or to pursue any other remedies under this Lease, at law, in equity or otherwise. In addition to and without limiting the foregoing, Landlord acknowledges and agrees that the damages and remedies in this Section shall be Landlord’s exclusive damages and remedies if ▇▇▇▇▇▇ fails to vacate the Premises at the end of the Term. CERTAIN RIGHTS RESERVED BY LANDLORD 23. Provided that the exercise of such rights does not unreasonably interfere with ▇▇▇▇▇▇’s use or occupancy of the Premises, Landlord shall have the following rights (so long as Landlord provides Tenant prior email or oral notice, except in the event of an emergency, in which case, no prior notice is necessary but Landlord shall notify Tenant as soon as reasonably practical): a. To make inspections and repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building, or any part thereof but only to the extent of the rights or obligations of Landlord provided in this Lease; for such purposes, to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entryways, and released corridors in the Building; to temporarily interrupt or suspend Building services and discharged facilities, to temporarily close certain Common Areas for inspections, repairs, alterations, changes or improvements; b. In the event of an emergency, to take such reasonable measures as Landlord from deems necessary for the security of the Building and against, any and all other claims and defenses to its occupants; c. To change the payment of Rent.name by which the Building is designated; and

Reletting. Tenant acknowledges that Landlord has entered into If this Lease or Tenant's right to possession is terminated, or Tenant abandons the Premises, Landlord may: (i) enter and secure the Premises, change the locks, install barricades, remove any improvements, fixtures or other property of Tenant therein, perform any decorating, remodeling, repairs, alterations, improvements or additions and take such other actions as Landlord shall determine in reliance upon, among other matters, Tenant’s agreement and continuing obligation Landlord's sole discretion to pay all Rent due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default prevent damage or deterioration to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise electsprepare the same for reletting, at Landlord’s sole option, to attempt to and (ii) relet all or any portion of the Premises (separately or as part of a larger space), for any rent, use or period of time (which may extend beyond the PremisesTerm hereof), and upon any other terms as Landlord shall determine in Landlord's sole discretion, directly or as Tenant's agent (if permitted or required by applicable Law). The consideration received from such reletting shall be applied pursuant to the terms of Paragraph H hereof, and if such consideration, as so applied, is not sufficient to cover all Rent and damages to which Landlord may be entitled hereunder, Tenant agrees that shall pay any deficiency to Landlord as the same accrues or after the same has no obligation accrued from time to time upon demand, subject to the other provisions hereof. E. Specific Performance, Collection of Rent and Acceleration. Landlord shall at all times have the right without prior demand or notice except as required by applicable Law to: (i) relet the Premises prior seek any declaratory, injunctive or other equitable relief, and specifically enforce this Lease or restrain or enjoin a violation of any provision hereof, and Tenant hereby waives any right to leasing any require that Landlord post a bond or other space within the Building; security in connection therewith, and (ii) relet ▇▇▇ for and collect any unpaid Rent which has accrued. Notwithstanding anything to the Premises contrary contained in this Lease, to the extent not expressly prohibited by applicable Law, in the event of any Default by Tenant, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare all Rent reserved for the remainder of the Term to be immediately due and payable (Ain which event, Tenant's obligations for Taxes and Expenses that would have accrued thereafter shall be projected in the manner described in Section B(1), above); provided the Rent so accelerated shall be discounted in accordance with accepted financial practice at the rate of four percent (4%) at a rental rate or otherwise on terms below marketper annum to the then present value, and Landlord shall, after receiving payment of the same from Tenant, be obligated to turn over to Tenant any actual net reletting proceeds (net of all Costs of Reletting) thereafter received during the remainder of the Term, up to the amount so received from Tenant pursuant to this provision. F. Late Charges, Interest, and Returned Checks. Tenant shall pay, as then determined additional Rent, a service charge of five percent (5%) of the delinquent amount, if any portion of Rent is not received within five (5) days of when due. In addition, any Rent not paid when due shall accrue interest from the due date at the Default Rate until payment is received by Landlord. Such service charges and interest payments shall not be deemed consent by Landlord in its sole discretion; (B) to late payments, nor a waiver of Landlord's right to insist upon timely payments at any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for time, nor a use (1) not consistent with Tenant’s use prior waiver of any remedies to default; which Landlord is entitled as a result of the late payment of Rent. If Landlord receives two (2) or more checks from Tenant which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient are returned by Tenant's bank for insufficient funds, the full amount thereof in advance; Landlord may require that all checks thereafter be bank certified or cashier's checks (v) pay, and/or grant without limiting Landlord's other remedies). All bank service charges resulting from any allowance for, tenant finish or other costs associated with any new lease, even though same may returned checks shall be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if borne by Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rent.

Reletting. Landlord may enter and take possession of the Leased Premises without terminating this Lease and without being liable to prosecution or any claim for damages therefor, and Landlord may change the locks on the doors to the Leased Premises to exclude Tenant acknowledges that therefrom and immediately discontinue furnishing any utilities and other services Landlord has entered into this been providing. If Landlord terminates Tenant's possession of the Leased Premises, either with or without terminating the Lease, then either: (a) the aggregate amount of the Base Rent for the remainder of the Lease Term shall at once mature and be immediately due and payable by Tenant to Landlord, and Landlord shall have the right to immediate recovery of all such amounts, together with interest thereon as provided hereinabove; or (b) Landlord may relet the Leased Premises either in reliance upon, among other matters, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty name of Landlord (or as the agent of Tenant and receive the rent therefor, in which event Tenant will pay to Landlord, on demand, the costs of renovating, repairing and altering the Leased Premises and any affirmative defense based upon deficiency that might arise by reason of such dutyreletting. Such reletting, if undertaken at Landlord's sole discretion, may be for such term or terms (which may be greater or less than the then balance of the Lease Term hereunder) following any default and on such conditions (which may include concessions or free rent) as Landlord in Landlord's absolute discretion may determine. Landlord will have no duty to relet the Leased Premises and the failure of Landlord to relet the Leased Premises will not release or otherwise mitigate Landlord’s affect Tenant's liability for Rent or for damages arising determined as provided hereinbelow. In addition, Landlord shall have the right, from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole optiontime to time, to attempt recover from Tenant all Additional Rent thereafter accruing pursuant to relet all or any part of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, as then determined by Landlord in its sole discretion; (B) to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of RentParagraph 3.2.

Reletting. In the event of the abandonment of the Premises by Tenant acknowledges or in the event that Landlord has entered into shall elect to re-enter as provided in Paragraph 25(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 reliance uponP▇▇▇▇▇▇▇▇ ▇▇(▇), among other matters▇▇▇▇▇▇▇▇ may from time to time, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a resultwithout terminating this Lease, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any thereof for such term or terms and at such rental or rentals and upon such other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, and conditions as then determined by Landlord in its sole discretion; (B) discretion may deem advisable with the right to any entity not satisfying make alterations and repairs to the Premises in Landlord’s sole discretion. In the event that Landlord shall elect to so relet, then standard financial credit risk criteria; (C) for a use rentals received by Landlord from such reletting shall be applied in the following order: (1) not consistent with Tenant’s use prior to defaultreasonable 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) which would violate then applicable law or to the payment of any restrictive covenant or indebtedness other lease affecting the Buildingthan Rent due hereunder from Tenant to Landlord; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentany costs of such reletting; (4) 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 residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such 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. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Reletting. in the event of the abandonment of the Premises by Tenant acknowledges or in the event that Landlord has entered into shall elect to re-enter as provided in Paragraph 26(b) 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 reliance uponPara▇▇▇▇▇ ▇▇(▇), among other matters▇▇▇▇▇▇▇▇ ▇▇▇ from time to time, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a resultwithout terminating this Lease, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any thereof for such term or terms and at such rental or rentals and upon such other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, and conditions as then determined by Landlord in its sole discretion; (B) discretion may deem advisable with the right to any entity not satisfying Landlord’s make alterations and repairs to the Premises. In the event that Landlord shall elect to so relet, then standard financial credit risk criteria; (C) for a use rentals received by Landlord from such reletting shall be applied in the following order: (1) not consistent with Tenant’s use prior to defaultreasonable 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) which would violate then applicable law or to the payment of any restrictive covenant or indebtedness other lease affecting the Buildingthan Rent due hereunder from Tenant to Landlord; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentany reasonable costs of such reletting; (4) to the payment of the costs of any reasonable alterations and repairs to the Premises; (5) to the payment of Rent due and unpaid hereunder; and (6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such 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. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses reasonably and necessarily incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Reletting. Tenant acknowledges that At the option of the Landlord, rents received by Landlord has entered into this Lease in reliance upon, among other matters, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, as then determined by Landlord in its sole discretion; (B) to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may reletting shall be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses applied first to the payment of Rentany indebtedness from Tenant to Lindlord, other than Basic Rent due hereunder; second, to the payment of any costs and expenses of such reletting and including, but not limited to, attorneys fees, advertising fees and brokerage fees, and to the payment of any repairs, renovations, remodeling, redecoration, alterations and changes in the Demised Premises; third, to the payment of any Rent due and to become due hereunder, and if after so applying said Rents there is any deficiency in the Rent to be paid by Tenant under this Lease, Tenant shall pay any deficiency to Landlord monthly on the dates specified herein and any payment made or suits brought to collect the amount of the deficiency for any month shall not prejudice in any way the right of Landlord to collect the deficiency for any subsequent month. Landlord shall not be liable for failure to relet if Landlord has diligently and continuously attempted to relet the same; and in no event shall Tenant be entitled to receive any excess of net Rents collected over sums payable by Tenant to Landlord hereunder. No such re-entry or taking possession of the Demised Premises shall be construed as an election on Lindlord's part to terminate this Lease unless a written notice of such intention be given to Tenant. Notwithstanding any such reletting without termination on, Landlord may at any time thereafter elect to terminate this Lease. If Landlord at any time terminates this Lease by reason of any Event of Default, then, in addition to any other remedy it may have, Landlord may recover from Tenant the present value of the amount of Rent reserved in this Lease for the balance of the term, over the then fair market rental value of the Demised Premises for the same period, plus all court costs and attorneys fees incurred by Landlord in the collection of the same.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord 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 acknowledges that Landlord has entered into shall remain liable for (i) all Annual Fixed Rent, Additional Rent and other sums which would be payable under this Lease by Tenant in reliance uponthe absence of such expiration, among other matterstermination 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 expenses, attorneys' fees and expenses, employees' expenses, reasonable alteration costs, expenses of preparation for such reletting and all costs and expenses, direct or indirect, incurred as a result of Tenant’s agreement and continuing 's breach of this Lease. Landlord shall have no obligation to pay all Rent due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Demised Premises if, Landlord, or otherwise mitigate 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 damages arising from such default's standard marketing program for all available space in the East Gate Corporate Center. If such waiver is not effective under then applicable law the Demised Premises are at the time of default sublet or leased by Tenant to others, Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below marketmay, as then determined by Landlord in its sole discretion; (B) to Tenant's agent, collect rents due from any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant subtenant or other lease tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting the Building; (3) which would impose a greater burden upon the Building’s parkingTenant's obligation to Landlord hereunder. Such agency, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, being given for security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense is hereby declared to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentirrevocable.

Reletting. Tenant acknowledges that Landlord has entered into (1) Upon termination of this Lease in reliance upon, among other matters, or expiration of Tenant’s agreement and continuing obligation right to pay all Rent due throughout occupy the Term. As a resultPremises by reason of the happening of any of the foregoing events, Tenant hereby knowingly and voluntarily waivesor in any other manner or circumstances whatsoever, after advice whether with or without legal proceedings, by reason of competent counsel, any duty of Landlord (and any affirmative defense or based upon such duty) following or arising out of a default or breach of this Lease on the part of Tenant, Landlord may, at its option, at any default time and from time to time relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part or parts thereof, for the account of Tenant or otherwise, and receive and collect the rent therefore, applying the same first to the payment of such expenses as Landlord may have incurred in recovering possession of the Premises, Tenant agrees that including the attorney’s fees and expenses for putting the same into good order and condition or preparing or altering the same for re-rental to the extent Landlord has no obligation to: (i) relet the Premises prior to leasing any deems necessary or desirable and all other space within the Building; (ii) relet the Premises (A) at a rental rate commercially reasonable expenses, commissions and charges paid, assumed or otherwise on terms below market, as then determined incurred by Landlord in its sole discretion; (B) or about reletting the Premises and then to the fulfillment of the covenants of Tenant hereunder. Any such reletting herein provided for may be for the remainder of the initial term or any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) renewal term of this Lease, as originally granted, or for a longer or shorter period; Landlord shall have the right to change the character and use (1) made of the Premises, and Landlord shall not consistent with Tenant’s use prior be required to default; accept any substitute tenant offered by Tenant or to observe any instructions given by Tenant about reletting. (2) which would violate then applicable law In any such case, and whether or not the Premises or any restrictive covenant or part thereof be relet, Tenant shall pay to Landlord the Base Rent and all Additional Rent and other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be charges required to alter other portions be paid by Tenant up to the later of the Building, make ADA-type modifications time of such termination of the Lease or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of such recovery of possession of the Premises by Landlord thenLandlord, as the case may be, and thereafter, except in such eventa case in which liability of Tenant (as hereinafter provided), arises by reason of the happening of the insolvency of Tenant, Tenant will be deemed covenants and agrees, if required by Landlord, to have automatically waivedpay to Landlord until the end of the initial term of this Lease, and released and discharged Landlord from and againstor any renewal term, any as the case may be, the equivalent of the amount of all Rent reserved hereunder, and all other claims charges required to be paid by Tenant, less the net proceeds of reletting, if any. Landlord shall have the election in place of holding Tenant so liable forthwith to recover against Tenant as damages for loss of the bargain and defenses to not as a penalty, an aggregate sum which at the payment time of Rentsuch termination of this Lease or of such recovery of possession of the Premises by Landlord, as the case may be, represents the then present worth of the excess, if any, of the aggregate of the Rent and all other charges payable by Tenant hereunder that would have accrued for the balance of the initial term, or any renewal term, as the case may be, over the then present worth of the fair market rents and all other charges for the Premises for the balance of such term.

Reletting. Tenant acknowledges that In the event of Tenant's abandonment of the Premises or if Landlord has entered into shall elect to reenter or shall take possession of the Premises pursuant to any legal proceeding or pursuant to any notice provided by law, and until Landlord elects to terminate this Lease in reliance uponLease, among other mattersLandlord may, Tenant’s agreement and continuing obligation from time to pay time, without terminating this Lease, recover all Rent rent as it becomes due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to under Section 18.5 above and/or relet the Premises or otherwise mitigate Landlord’s damages arising any part thereof for the account of and on behalf of Tenant, on any terms, for any term (whether or not longer than the Term of this Lease) and at any rent as Landlord in its reasonable discretion may deem advisable, and Landlord may make any alterations and repairs to the Premises in connection therewith. Tenant hereby irrevocably constitutes and appoints Landlord as its special attorney-in-fact, irrevocable and coupled with an interest, for purposes of reletting the Premises pursuant to the immediately preceding sentence. In the event that Landlord shall elect to so relet the Premises on behalf of Tenant, then rent received by Landlord from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole optionreletting shall be applied: (a) First, to attempt to relet all reimburse Landlord for the costs and expenses of such reletting (including, without limitation, costs and expenses of retaking or any part of repossessing the Premises, Tenant agrees that removing persons and property therefrom, securing new tenants, and, if Landlord has no obligation to: (i) relet the Premises prior to leasing any other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, as then determined by Landlord in its sole discretion; (B) to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide shall maintain and operate the Premises, install new demising walls the costs thereof) and necessary or otherwise reconfigure reasonable alterations. (b) Second, to the Premises payment of any indebtedness of Tenant to make Landlord other than Basic Annual Rent and other sums due and unpaid hereunder. (c) Third, to the payment of rent, Basic Annual Rent and other sums due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment of other or future obligations of Tenant to Landlord as the same more marketable; (iv) pay any leasing or other commissions arising may become due and payable. Should the rent received from such reletting, unless when applied in the manner and order indicated above, at any time be less than the total amount owing from Tenant unconditionally delivers pursuant to this Lease, then Tenant shall pay such deficiency to Landlord, in good and sufficient funds, the full amount thereof in advance; if Tenant does not pay such deficiency within five (v5) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do sodays of its receipt of written notice, Landlord would be required to alter may bring an action against Tenant for recovery of such deficiency or may pursue its other portions remedies hereunder or under California Civil Code Section 1951.8, California Code of the BuildingCivil Procedure Section 1161 et seq., make ADA-type modifications or otherwise install any similar, successor or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry related provision of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentlaw.

Reletting. With or without terminating this Lease, as Landlord may elect, Landlord 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 acknowledges that Landlord has entered into shall remain liable for (i) all Annual Fixed Rent, Additional Rent and other sums which would be payable under this Lease by Tenant in reliance uponthe absence of such expiration, among other matterstermination 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 expenses, attorneys' fees and expenses, employees' expenses, reasonable alteration costs, expenses of preparation for such reletting and all costs and expenses, direct or indirect, incurred as a result of Tenant’s agreement and continuing obligation 's breach of the Lease. Landlord agrees to pay all Rent due throughout use commercially reasonable efforts to mitigate the Term. As a resultdamages resulting from Tenant's breach of this Lease, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, but Landlord shall in no event be liable in any duty of Landlord (and any affirmative defense based upon such duty) following any default way whatsoever for failure to relet the Demised Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise electsor, at Landlord’s sole option, to attempt to relet all in the event that the Demised Premises or any part or parts thereof are relet, for failure to collect the rent upon such reletting. The foregoing shall not be construed to impose upon Landlord any obligation to offer the Demised Premises (or any portion thereof) for lease at terms more favorable than those being offered by Landlord for other space in the Park, nor shall Landlord be obligated to lease the Demised Premises (or any portion thereof) before, in lieu of, or in preference over any other portion of the PremisesPark available for lease. If the Demised Premises are at the time of default sublet or leased by Tenant to others, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below marketmay, as then determined by Landlord in its sole discretion; (B) to Tenant's agent, collect rents due from any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant subtenant or other lease tenant and apply such rents to the rent and other amounts due hereunder without in any way affecting the Building; (3) which would impose a greater burden upon the Building’s parkingTenant's obligation to Landlord hereunder. Such agency, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, being given for security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense is hereby declared to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentirrevocable.

Reletting. In the event of the abandonment of the Premises by Tenant acknowledges or in the event that Landlord has entered into 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 reliance uponPara▇▇▇▇▇ ▇▇(▇), among other matters▇▇▇▇▇▇▇▇ ▇▇▇ from time to time, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a resultwithout terminating this Lease, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any thereof for such term or terms and at such rental or rentals and upon such other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, and conditions as then determined by Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord's sole discretion; (B) . In the event that Landlord shall elect to any entity not satisfying Landlord’s so relet, then standard financial credit risk criteria; (C) for a use rentals received by Landlord from such reletting shall be applied in the following order: (1) not consistent with Tenant’s use prior to defaultreasonable 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) which would violate then applicable law or to the payment of any restrictive covenant or indebtedness other lease affecting the Buildingthan Rent due hereunder from Tenant to Landlord; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentany costs of such reletting; (4) to the payment of the costs of any reasonable alterations and repairs to the Premises; (5) to the payment of Rent due and unpaid hereunder; and (6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such 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. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Reletting. Tenant acknowledges that Landlord In any case where LANDLORD has entered into this Lease in reliance uponrecovered possession of the leased premises by reason of TENANT'S default, among LANDLORD may, at LANDLORD'S option, occupy the leased premises or cause the leased premises to be reasonably redecorated, altered, divided, consolidated with other mattersadjoining premises, Tenant’s agreement or otherwise changed or prepared for reletting, and continuing obligation to pay all Rent due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to may relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all leased premises or any part thereof as agent of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any other space within the Building; (ii) relet the Premises (A) at a rental rate TENANT or otherwise on terms below market, as then determined by Landlord in its sole discretion; (B) to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use term or terms to expire prior to, at the same time as, or subsequent to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parkingoriginal expiration date of this Lease, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waivedat LANDLORD'S option, and released and discharged Landlord from and againstreceive the rent therefor, any and all other claims and defenses applying the same first to the payment of Rent.such expenses as LANDLORD may have incurred in connection with the recovery of possession, redecoration, altering, dividing, consolidating with other adjoining premises, or otherwise changing or preparing for reletting, and the reletting, including reasonable brokerage fees and attorneys' fees (to the extent allowed by law) and then to the payment of damages in amounts equal to the rent hereunder and to the cost and expense of performance of the other covenants of TENANT as herein provided; and TENANT agrees, whether or not LANDLORD has relet, to pay to LANDLORD damages equal to the rent and other sums herein agreed to be paid by TENANT during the remainder of the original term of this Lease, less the net proceeds of the reletting, if any, as ascertained from time to time and the same shall be payable by TENANT on the several rent days above specified. LANDLORD shall have the right, in reletting the leased premises, to grant reasonable rent concessions and TENANT shall not be entitled to any credit by reason thereof. No such reletting shall constitute a surrender and

Reletting. Tenant acknowledges that Landlord has entered into Without terminating or effecting a forfeiture of this Lease in reliance upon, among other matters, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate relieving Tenant of any obligation hereunder in the absence of express written notice of Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, as then determined by Landlord in its sole discretion; (B) to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if 's election to do so, Landlord would be may, but need not, relet the Premises or any portion thereof at any time or from time to time and for such terms and upon such conditions and rental as Landlord in its sole discretion may deem proper. Whether or not the Premises are relet, Tenant shall pay to Landlord all amounts required by Tenant hereunder up to alter other portions the date that Landlord terminates Tenant's right to possession of the BuildingPremises; provided, make ADA-type modifications however, that following a default, Landlord shall not unreasonably withhold its consent to an assignment of this Lease or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry subletting of the Premises requested by Tenant, unless Landlord shall also elect to terminate this Lease and Tenant's right to possession of the Premises as provided in Section 13.2(a) above. Such payments by Tenant shall be due at the times provided in this Lease, and Landlord need not wait until the termination of this Lease to recover them by legal action or in any other manner. If Landlord relets the Premises or any portion thereof, such reletting shall not relieve Tenant of any obligation hereunder, except that Landlord shall apply the rent or other proceeds actually collected by it for such reletting against amounts due from Tenant hereunder to the extent such proceeds compensate Landlord for non-performance of any obligation of Tenant hereunder. Landlord may execute any lease made pursuant hereto in its own name, and the lessee thereunder shall be under no obligation to see to the application by Landlord thenof any proceeds to Tenant, in nor shall Tenant have any right to collect any such event, Tenant will proceeds. Landlord shall not by any re-entry or other act be deemed to have automatically waivedaccepted any surrender by Tenant of the Premises or Tenant's interest therein, and released and discharged or be deemed to have terminated this Lease, or to have relieved Tenant of any obligation hereunder, unless Landlord from and against, any and all other claims and defenses shall have given Tenant express written notice of Landlord's election to the payment of Rentdo so as set forth herein.

Reletting. Tenant acknowledges that Landlord has entered into Without terminating or effecting a forfeiture of this Lease in reliance upon, among other matters, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate relieving Tenant of any obligation hereunder in the absence of express written notice of Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, as then determined by Landlord in its sole discretion; (B) to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if 's election to do so, Landlord would may, but need not, re-enter the leased premises, remove all persons therefrom and relet the leased premises or any portion thereof at any time or from time to time and for such terms and upon such conditions and rental as Landlord in its sole discretion may deem proper. The rent or other proceeds received by Landlord from such reletting shall be required applied: first, to alter the payment of any indebtedness other portions than Minimum Annual Rental due hereunder from Tenant to Landlord; second, to the payment of any cost of such reletting; third, to the payment of the Buildingcost of any repairs to the leased premises; fourth, make ADA-type modifications to the payment of Minimum Annual Rental due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future amounts as the same may become due and payable hereunder. Should the rent for such reletting, during any month for which the payment of rent is required hereunder, be less than the rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand therefore by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting, including the costs of repairs to the leased premises, not covered by the rentals received from such reletting. Such payments by Tenant shall be due at the times provided in this Lease, and Landlord need not wait until the termination of this Lease to recover them by legal action or otherwise install in any other manner. If Landlord relets the leased premises or replace any sprinklerportion thereof, securitysuch reletting shall not relieve Tenant of any obligation hereunder, safety, HVAC except that Landlord shall apply the rent or other Building operating systemsproceeds actually collected by it for such reletting against amounts due from Tenant hereunder to the extent such proceeds compensate Landlord for nonperformance of any obligation of Tenant hereunder. Landlord may execute any lease made pursuant hereto in its own name, and the Tenant further acknowledges that if thereunder shall be under no obligation to see to the application by Landlord of any proceeds to Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense nor shall Tenant have any right to a claim made collect any such proceeds. Landlord shall not by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will re-entry or other act be deemed to have automatically waivedaccepted any surrender by Tenant of the leased premises or Tenant's interest therein, and released and discharged or be deemed to have terminated this Lease, or to have relieved Tenant of any obligation hereunder, unless Landlord from and againstshall have given Tenant express written notice of Landlord's election to do so as set forth herein. Notwithstanding any reletting by Landlord because of any default by Tenant, without termination of this Lease, Landlord may at any and all other claims and defenses time after such reletting elect to the payment of Rentterminate this Lease for any such default.

Reletting. In the event of the abandonment of the Premises by Tenant acknowledges or in the event that Landlord has entered into shall elect to re-enter as provided in Paragraph 25(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 reliance uponP▇▇▇▇▇▇▇▇ ▇▇(▇), among other matters▇▇▇▇▇▇▇▇ may from time to time, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a resultwithout terminating this Lease, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any thereof for such term or terms and at such rental or rentals and upon such other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, and conditions as then determined by Landlord in its sole discretion; (B) discretion may deem advisable with the right to any entity not satisfying Landlord’s make alterations and repairs to the Premises. In the event that Landlord shall elect to so relet, then standard financial credit risk criteria; (C) for a use rentals received by Landlord from such reletting shall be applied in the following order: (1) not consistent with Tenant’s use prior to defaultreasonable 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) which would violate then applicable law or to the payment of any restrictive covenant or indebtedness other lease affecting the Buildingthan Rent due hereunder from Tenant to Landlord; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentany reasonable costs of such reletting; (4) to the payment of the costs of any reasonable alterations and repairs to the Premises; (5) to the payment of Rent due and unpaid hereunder; and (6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such 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. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses reasonably and necessarily incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Reletting. Tenant acknowledges that Landlord has entered into this Lease in reliance upon, among other matters, Tenant’s agreement and continuing obligation At any time or from time to pay all Rent due throughout time after the Term. As a result, Tenant hereby knowingly and voluntarily waives, after advice repossession of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is any part thereof pursuant to Article 15.C, whether or not effective under then applicable law the Term shall have been terminated pursuant to Article 15.B (iii), Landlord shall use commercially reasonable efforts, in its own name as agent for Tenant if the Term has not been terminated, or Landlord otherwise electson its own behalf if this Lease has been terminated, at Landlord’s sole option, to attempt to relet all or any part of the PremisesPremises for the account of Tenant for such term or terms (which may be greater or less than the period which would otherwise have constituted the balance of the Term) and on such conditions and provisions (which may include concessions or free rent) as Landlord, Tenant agrees that in its absolute and sole discretion, may determine, and Landlord has no obligation to: may collect and receive any rents payable by reason of such reletting. Notwithstanding the foregoing: (i) Landlord shall not be required to (a) accept any tenant offered by Tenant, (b) observe any instruction given by Tenant about such reletting, (c) endeavor to relet if Landlord has other space available or which will become available elsewhere in the Property, or (d) relet to any tenant whose business or proposed use would be inconsistent or not compatible, in Landlord's sole opinion, with the overall leasing, use and occupancy of the Property, or whose financial responsibility or standing is not satisfactory to Landlord. For the purpose of such reletting, Landlord may decorate or make repairs, changes, alterations or additions in or to the Premises prior or any part thereof to leasing the extent deemed by Landlord to be desirable or convenient, and the cost of such decoration, repairs, changes, alterations or additions shall be charged to and be payable by Tenant as additional Rent hereunder, as well as any other space within reasonable brokerage and legal fees expended by Landlord in connection with such reletting. No reletting shall be deemed to be a surrender and acceptance of the Building; Premises. (ii) relet Net rent received by Landlord from any third party tenant as a result of reletting the Premises (A) at a rental rate or otherwise on terms below marketi.e., as then determined by Landlord in its sole discretion; (B) to any entity NET of all costs of the reletting, including but not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant limited to, brokerage fees, free rent or other lease affecting concessions paid or credited to the Building; (3third party tenant, the cost of refurbishing or fitting-up the space, legal and other expenses incurred as a result of Tenant's default and those incurred in reletting) which would impose a greater burden upon during or attributable to the Building’s parkingperiod ending on the Expiration Date, HVAC or other facilities; and/or (4) which would involve any use shall be credited against the Rent otherwise payable by Tenant during the remainder of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers LandlordTerm, in good and sufficient funds, inverse order against the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may last Rent payments to be amortized over made under the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions provisions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentthis Lease.

Reletting. In the event of the abandonment of the Premises by --------- Tenant acknowledges or in the event that Landlord has entered into shall elect to re-enter as provided in Paragraph 26(b) 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 reliance upon▇▇▇▇▇▇▇▇▇ ▇▇(▇), among other matters▇▇▇▇▇▇▇▇ may from time to time, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a resultwithout terminating this Lease, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from such default. If such waiver is not effective under then applicable law or Landlord otherwise elects, at Landlord’s sole option, to attempt to relet all or any part of the Premises, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any thereof for such term or terms and at such rental or rentals and upon such other space within the Building; (ii) relet the Premises (A) at a rental rate or otherwise on terms below market, and conditions as then determined by Landlord in its sole discretion; (B) discretion may deem advisable with the right to any entity not satisfying Landlord’s make alterations and repairs to the Premises. In the event that Landlord shall elect to so relet, then standard financial credit risk criteria; (C) for a use rentals received by Landlord from such reletting shall be applied in the following order: (1) not consistent with Tenant’s use prior to defaultreasonable 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) which would violate then applicable law or to the payment of any restrictive covenant or indebtedness other lease affecting the Buildingthan Rent due hereunder from Tenant to Landlord; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rentany reasonable costs of such reletting; (4) to the payment of the costs of any reasonable alterations and repairs to the Premises; (5) to the payment of Rent due and unpaid hereunder; and (6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such 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. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses reasonably and necessarily incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Reletting. In the event of the abandonment of the Premises by Tenant acknowledges or in the event that Landlord has entered into shall elect to re-enter as provided in Paragraph 25(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 reliance uponP▇▇▇▇▇▇▇▇ ▇▇(▇), among other matters▇▇▇▇▇▇▇▇ may from time to time, Tenant’s agreement and continuing obligation to pay all Rent due throughout the Term. As a resultwithout terminating this Lease, Tenant hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord (and any affirmative defense based upon such duty) following any default to relet the Premises or otherwise mitigate Landlord’s damages arising from any part thereof for such default. If term or terms and at such waiver is not effective under then applicable law rental or rentals and upon such other terms and conditions as Landlord otherwise elects, at in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole option, to attempt to relet all or any part of discretion. In the Premises, Tenant agrees event that Landlord has no obligation toshall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i) relet to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the Premises prior event suit is filed by Landlord to leasing any other space within the Buildingenforce such remedies; (ii) relet to the Premises (A) at a rental rate or otherwise on terms below market, as then determined by Landlord in its sole discretion; (B) payment of any indebtedness other than Rent due hereunder from Tenant to any entity not satisfying Landlord’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Tenant’s use prior to default; (2) which would violate then applicable law or any restrictive covenant or other lease affecting the Building; (3) which would impose a greater burden upon the Building’s parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Substances; (iii) divide to the Premises, install new demising walls or otherwise reconfigure the Premises to make same more marketablepayment of any costs of such reletting; (iv) pay to the payment of the costs of any leasing or other commissions arising from such reletting, unless Tenant unconditionally delivers Landlord, in good alterations and sufficient funds, repairs to the full amount thereof in advancePremises; (v) pay, and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be amortized over the applicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Premises, if to do so, Landlord would be required to alter other portions of the Building, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of RentRent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such 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. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Reletting. Tenant Lessee acknowledges that Landlord MDC has entered into this Lease Sublease in reliance upon, among other matters, TenantLessee’s agreement and continuing obligation to pay all Rent rent due throughout the Sublease Term. As a result, Tenant Lessee hereby knowingly and voluntarily waives, after advice of competent counsel, any duty of Landlord MDC (and any affirmative defense based upon such duty) following any default Event of Default to relet the Leased Premises or otherwise mitigate LandlordMDC’s damages arising from such defaultEvent of Default. If such waiver is not effective under then applicable law or Landlord MDC otherwise elects, at LandlordMDC’s sole option, to attempt to relet all or any part of the Leased Premises, Tenant Lessee agrees that Landlord MDC has no obligation to: (i) relet the Leased Premises prior to leasing any other space within the Buildingbuildings; (ii) relet the Leased Premises (A) at a rental rate or otherwise on terms below market, as then determined by Landlord MDC in its sole discretion; (B) to any entity not satisfying LandlordMDC’s then standard financial credit risk criteria; (C) for a use (1) not consistent with TenantLessee’s use prior to defaultthe Event of Default; (2) which would violate then applicable law or regulation, or violate any restrictive covenant or other lease affecting the Buildingbuildings; (3) which would impose a greater burden upon the Building’s buildings’ parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous SubstancesMaterials; (iii) divide the Leased Premises, install new demising walls or otherwise reconfigure the Leased Premises to make same more marketable; (iv) pay any leasing or other commissions arising from such reletting, unless Tenant . Unless Lessee unconditionally delivers LandlordMDC, in good and sufficient funds, the full amount thereof in advance; (v) pay, and/or grant any allowance for, tenant lessee finish or other costs associated with any new lease, even though same may be amortized over the applicable lease termSublease Term, unless Tenant Lessee unconditionally delivers LandlordMDC, in good and sufficient funds, the full amount thereof in advance; and/or (vi) relet the Leased Premises, if to do so, Landlord MDC would be required to alter other portions of the Buildingbuildings, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building building operating systems. Tenant further acknowledges that if Tenant, notwithstanding Tenant’s waiver above, raises Landlord’s mitigation as an affirmative defense to a claim made by Landlord prior to any actual reentry of the Premises by Landlord then, in such event, Tenant will be deemed to have automatically waived, and released and discharged Landlord from and against, any and all other claims and defenses to the payment of Rent.