Common use of Reletting Clause in Contracts

Reletting. In the event Landlord terminates the right of Tenant to possession of the Premises without terminating this Lease as aforesaid, Landlord shall have no obligation to, but may relet the Premises 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, 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, in any such event, Landlord may make repairs, alterations and additions in or to the Premises and redecorate (using only Building standard materials in substantially the same configuration as the Premises) the same to the extent deemed by Landlord necessary or desirable, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses of reletting. Landlord may collect the rents from any such reletting and apply the same first to the payment of the 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 of 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, sue xxx recover judgment for any deficiencies remaining after the application of the proceeds of any such reletting.

Reletting. In the event Tenant acknowledges that Landlord terminates the right of Tenant to possession of the Premises without terminating has entered into this Lease as aforesaidin 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 shall have no obligation to, but may (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 for the account of Tenant for such rentin advance; (v) pay, for such time (which and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be for a term extending beyond amortized over the Termapplicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) and upon such terms as relet the Premises, if to do so, Landlord in Landlord's sole discretion shall determine, and Landlord shall not would 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 alter other portions of the PremisesBuilding, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. AlsoTenant 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 any such event, Landlord may make repairs, alterations and additions in or Tenant will be deemed to the Premises and redecorate (using only Building standard materials in substantially the same configuration as the Premises) the same to the extent deemed by Landlord necessary or desirable, and, in connection therewith, change the locks to the Premiseshave automatically waived, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses of reletting. released and discharged Landlord may collect the rents from and against, any such reletting and apply the same first all other claims and defenses to the payment of the 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 of 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, sue xxx recover judgment for any deficiencies remaining after the application of the proceeds of any such relettingRent.

Reletting. In the event of the abandonment of the Premises by Tenant or in the event that Landlord terminates the right of Tenant shall elect to re-enter or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in Paragraph a, Landlord may from time to time, without terminating this Lease as aforesaidLease, Landlord shall have no obligation to, but may relet the Premises or any part thereof for the account of Tenant for such rent, for term or terms and at such time (which may be for a term extending beyond the Term) rental or rentals and upon such other terms and conditions as Landlord in Landlord's its sole discretion shall determine, may deem advisable with the right to make alterations and Landlord shall not be required repairs 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. AlsoIn the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in any the following order: (1) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such event, Landlord may make repairs, alterations and additions in or remedies; (2) to the Premises and redecorate payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (using only Building standard materials in substantially the same configuration as the Premises3) the same to the extent deemed by Landlord necessary or desirable, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses payment of any costs of such reletting. Landlord may collect the rents from any such reletting and apply the same first ; (4) to the payment of the expenses costs of re-entry, redecoration, repair and any alterations and repairs to the expense of reletting Premises; (including without limitation brokers' commissions and attorneys' fees5) and second to the payment of Rent herein provided to be paid by Tenant. Any excess of residue shall operate only as an offsetting credit against the amount of Rent as the same theretofore became or thereafter becomes due and payable unpaid hereunder, but ; and (6) the use of such offsetting credit to reduce the amount of Rent due Landlordresidue, if any, shall not be deemed 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 give the payment of Rent hereunder, be less than the Rent payable during the month by Tenant any righthereunder, title or interest in or to then Tenant shall pay such excess or residue and any such excess or residue shall belong solely deficiency to Landlord. No 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 re-entry reletting or repossession, repairs, in making such alterations and additionsrepairs not covered by the rentals received from such reletting; provided, or reletting Tenant shall not be construed as an eviction or ouster of Tenant, an election on Landlord's part obligated 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, sue xxx recover judgment for any deficiencies remaining after such costs attributable to the application removal (or repair following removal) of the proceeds of any such reletting.Tenant Improvements described in Exhibit F.

Reletting. In the event that Landlord terminates the right of Tenant 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 Section 20.2, Landlord may from time to time, without terminating this Lease as aforesaidLease, Landlord shall have no obligation to, but may relet the Premises or any part thereof for the account of Tenant for such rent, for term or terms and at such time (which may be for a term extending beyond the Term) rental or rentals and upon such other terms and conditions as Landlord in Landlord's its sole discretion shall determine, and Landlord shall not be required may deem advisable with the right 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, in any such event, Landlord may make repairs, alterations and additions in or repairs to the Premises in Landlord’s sole discretion. In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and redecorate costs in the event suit is filed by Landlord to enforce such remedies; (using only Building standard materials in substantially the same configuration as the Premisesii) the same to the extent deemed by Landlord necessary or desirable, and, in connection therewith, change the locks payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii) to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses payment of any costs of such reletting. Landlord may collect the rents from any such reletting and apply the same first ; (iv) to the payment of the expenses costs of re-entry, redecoration, repair and any alterations and repairs to the expense of reletting Premises; (including without limitation brokers' commissions and attorneys' feesv) and second to the payment of Rent herein provided to be paid by Tenant. Any excess of residue shall operate only as an offsetting credit against the amount of Rent as the same theretofore became or thereafter becomes due and payable unpaid hereunder, but ; and (vi) the use of such offsetting credit to reduce the amount of Rent due Landlordresidue, if any, shall not be deemed 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 give the payment of Rent hereunder, be less than the Rent payable during the month by Tenant any righthereunder, title or interest in or to then Tenant shall pay such excess or residue and any such excess or residue shall belong solely deficiency to Landlord. No 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 re-entry reletting or repossession, repairs, in making such 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 repairs not covered by the rentals received from any of Tenant's obligations hereunder. Landlord may, at any time and from time to time, sue xxx 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 or in the event that Landlord terminates the right of Tenant 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 Xxxxxxxxx 00(x), Xxxxxxxx may from time to time, without terminating this Lease as aforesaidLease, Landlord shall have no obligation to, but may relet the Premises or any part thereof for the account of Tenant for such rent, for term or terms and at such time (which may be for a term extending beyond the Term) rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord's sole discretion shall determine, and discretion. In the event that Landlord shall not be required elect to accept any tenant offered so relet, then rentals received by Tenant or to observe any instructions given by Tenant relative to Landlord from such reletting shall be applied in the following order: (1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and may give costs in the leasing event suit is filed by Landlord to enforce such remedies; (2) to the payment of any unleased space in the Building priority over the reletting of the Premises. Also, in any such event, Landlord may make repairs, alterations and additions in or indebtedness other than Rent due hereunder from Tenant to Landlord; (3) to the Premises and redecorate payment of any costs of such reletting; (using only Building standard materials in substantially the same configuration as the Premises4) the same to the extent deemed by Landlord necessary or desirable, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses of reletting. Landlord may collect the rents from any such reletting and apply the same first to the payment of the expenses costs of re-entry, redecoration, repair and any alterations and repairs to the expense of reletting Premises; (including without limitation brokers' commissions and attorneys' fees5) and second to the payment of Rent herein provided to be paid by Tenant. Any excess of residue shall operate only as an offsetting credit against the amount of Rent as the same theretofore became or thereafter becomes due and payable unpaid hereunder, but ; and (6) the use of such offsetting credit to reduce the amount of Rent due Landlordresidue, if any, shall not be deemed 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 give the payment of Rent hereunder, be less than the Rent payable during the month by Tenant any righthereunder, title or interest in or to then Tenant shall pay such excess or residue and any such excess or residue shall belong solely deficiency to Landlord. No 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 re-entry reletting or repossession, repairs, in making such 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 repairs not covered by the rentals received from any of Tenant's obligations hereunder. Landlord may, at any time and from time to time, sue xxx 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 or in the event that Landlord terminates the right of Tenant shall elect to re-enter or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in Paragraph a, Landlord may from time to time, without terminating this Lease as aforesaidLease, Landlord shall have no obligation to, but may relet the Premises or any part thereof for the account of Tenant for such rent, for term or terms and at such time (which may be for a term extending beyond the Term) rental or rentals and upon such other terms and conditions as Landlord in Landlord's its sole discretion shall determine, may deem advisable with the right to make alterations and Landlord shall not be required repairs 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. AlsoIn the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in any the following order: (1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such event, Landlord may make repairs, alterations and additions in or remedies; (2) to the Premises and redecorate payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (using only Building standard materials in substantially the same configuration as the Premises3) the same to the extent deemed by Landlord necessary or desirable, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses payment of any costs of such reletting. Landlord may collect the rents from any such reletting and apply the same first ; (4) to the payment of the expenses costs of re-entry, redecoration, repair and any alterations and repairs to the expense of reletting Premises; (including without limitation brokers' commissions and attorneys' fees5) and second to the payment of Rent herein provided to be paid by Tenant. Any excess of residue shall operate only as an offsetting credit against the amount of Rent as the same theretofore became or thereafter becomes due and payable unpaid hereunder, but ; and (6) the use of such offsetting credit to reduce the amount of Rent due Landlordresidue, if any, shall not be deemed 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 give the payment of Rent hereunder, be less than the Rent payable during the month by Tenant any righthereunder, title or interest in or to then Tenant shall pay such excess or residue and any such excess or residue shall belong solely deficiency to Landlord. No 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 re-entry reletting or repossession, repairs, in making such 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 repairs not covered by the rentals received from any of Tenant's obligations hereunder. Landlord may, at any time and from time to time, sue xxx 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 or in the event that Landlord terminates the right of Tenant 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 Xxxxxxxxx 00(x), Xxxxxxxx may from time to time, without terminating this Lease as aforesaidLease, Landlord shall have no obligation to, but may relet the Premises or any part thereof for the account of Tenant for such rent, for term or terms and at such time (which may be for a term extending beyond the Term) rental or rentals and upon such other terms and conditions as Landlord in Landlord's its sole discretion shall determine, may deem advisable with the right to make alterations and Landlord shall not be required repairs 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. AlsoIn the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in any the following order: (1) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such event, Landlord may make repairs, alterations and additions in or remedies; (2) to the Premises and redecorate payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (using only Building standard materials in substantially the same configuration as the Premises3) the same to the extent deemed by Landlord necessary or desirable, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses payment of any reasonable costs of such reletting. Landlord may collect the rents from any such reletting and apply the same first ; (4) to the payment of the expenses costs of re-entry, redecoration, repair and any reasonable alterations and repairs to the expense of reletting Premises; (including without limitation brokers' commissions and attorneys' fees5) and second to the payment of Rent herein provided to be paid by Tenant. Any excess of residue shall operate only as an offsetting credit against the amount of Rent as the same theretofore became or thereafter becomes due and payable unpaid hereunder, but ; and (6) the use of such offsetting credit to reduce the amount of Rent due Landlordresidue, if any, shall not be deemed 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 give the payment of Rent hereunder, be less than the Rent payable during the month by Tenant any righthereunder, title or interest in or to then Tenant shall pay such excess or residue and any such excess or residue shall belong solely deficiency to Landlord. No 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 re-entry reletting or repossession, repairs, in making such 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 repairs not covered by the rentals received from any of Tenant's obligations hereunder. Landlord may, at any time and from time to time, sue xxx 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 or in the event that Landlord terminates the right of Tenant 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 Xxxxxxxxx 00(x), Xxxxxxxx may from time to time, without terminating this Lease as aforesaidLease, Landlord shall have no obligation to, but may relet the Premises or any part thereof for the account of Tenant for such rent, for term or terms and at such time (which may be for a term extending beyond the Term) rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord's sole discretion shall determine, and discretion. In the event that Landlord shall not be required elect to accept any tenant offered so relet, then rentals received by Tenant or to observe any instructions given by Tenant relative to Landlord from such reletting shall be applied in the following order: (1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and may give costs in the leasing event suit is filed by Landlord to enforce such remedies; (2) to the payment of any unleased space in the Building priority over the reletting of the Premises. Also, in any such event, Landlord may make repairs, alterations and additions in or indebtedness other than Rent due hereunder from Tenant to Landlord; (3) to the Premises and redecorate payment of any costs of such reletting; (using only Building standard materials in substantially the same configuration as the Premises4) the same to the extent deemed by Landlord necessary or desirable, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses of reletting. Landlord may collect the rents from any such reletting and apply the same first to the payment of the expenses costs of re-entry, redecoration, repair and any alterations and repairs to the expense of reletting Premises; (including without limitation brokers' commissions and attorneys' fees5) and second to the payment of Rent herein provided to be paid by Tenant. Any excess of residue shall operate only as an offsetting credit against the amount of Rent as the same theretofore became or thereafter becomes due and payable unpaid hereunder, but ; and (6) the use of such offsetting credit to reduce the amount of Rent due Landlordresidue, if any, shall not be deemed 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 give the payment of Rent hereunder, be less than the Rent payable during the month by Tenant any righthereunder, title or interest in or to then Tenant shall pay such excess or residue and any such excess or residue shall belong solely deficiency to Landlord. No 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 re-entry reletting or repossession, repairs, in making such 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 repairs not covered by the rentals received from any of Tenant's obligations hereunder. Landlord may, at any time and from time to time, sue xxx recover judgment for any deficiencies remaining after the application of the proceeds of any such reletting.

Reletting. In the event Landlord terminates the right of Tenant to possession of the Premises without terminating this Lease as aforesaid, Landlord shall have no obligation to, but may use reasonable efforts to relet the Premises 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 ’s sole discretion shall determinedetermine (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, in any such event, Landlord may make repairs, alterations and additions in or to the Premises and redecorate (using only Building standard materials in substantially the same configuration as the Premises) the same to the extent deemed by Landlord necessary or desirablenecessary, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's ’s expenses of reletting. Landlord may collect the rents from any such reletting and apply the same first to the payment of the 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 of 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 ’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 ’s obligations hereunder. Landlord may, at any time and from time to time, sue xxx 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 or in the event that Landlord terminates the right of Tenant 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 Xxxxxxxxx 00(x), Xxxxxxxx may from time to time, without terminating this Lease as aforesaidLease, Landlord shall have no obligation to, but may relet the Premises or any part thereof for the account of Tenant for such rent, for term or terms and at such time (which may be for a term extending beyond the Term) rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord's sole discretion shall determine, and discretion. In the event that Landlord shall not be required elect to accept any tenant offered so relet, then rentals received by Tenant or to observe any instructions given by Tenant relative to Landlord from such reletting shall be applied in the following order: (1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and may give costs in the leasing event suit is filed by Landlord to enforce such remedies; (2) to the payment of any unleased space in the Building priority over the reletting of the Premises. Also, in any such event, Landlord may make repairs, alterations and additions in or indebtedness other than Rent due hereunder from Tenant to Landlord; (3) to the Premises and redecorate payment of any costs of such reletting; (using only Building standard materials in substantially the same configuration as the Premises4) the same to the extent deemed by Landlord necessary or desirable, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses of reletting. Landlord may collect the rents from any such reletting and apply the same first to the payment of the expenses costs of re-entry, redecoration, repair and any alterations and repairs to the expense of reletting Premises; (including without limitation brokers' commissions and attorneys' fees5) and second to the payment of Rent herein provided to be paid by Tenant. Any excess of residue shall operate only as an offsetting credit against the amount of Rent as the same theretofore became or thereafter becomes due and payable unpaid hereunder, but ; and (6) the use of such offsetting credit to reduce the amount of Rent due Landlordresidue, if any, shall not be deemed 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 give the payment of Rent hereunder, be less than the Rent payable during the month by Tenant any righthereunder, title or interest in or to then Tenant shall pay such excess or residue and any such excess or residue shall belong solely deficiency to Landlord. No 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 re-entry reletting or repossession, repairs, in making such 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 repairs not covered by the rentals received from any of Tenant's obligations hereunder. Landlord may, at any time and from time to time, sue xxx recover judgment for any deficiencies remaining after the application of the proceeds of any such reletting.

Reletting. In Landlord agrees to use reasonable efforts to relet the 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 terminates markets other premises within Landlord’s control in the right 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 Tenant Space, Tenant agrees that, in any event, Landlord has no obligation to: (i) relet the Tenant Space prior to leasing any other space within the Building; or (ii) relet the 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 facilities; or (4) which would involve any use of Hazardous Materials not in compliance with applicable Legal Requirements; (iii) solicit or entertain negotiations with any other prospective tenants for the Tenant Space until Landlord obtains full and complete possession of the Premises Tenant Space, including, without terminating this Lease as aforesaidlimitation, Landlord shall have no obligation to, but may relet the Premises or any part thereof for final and unappealable legal right to re-let 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, 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 Space free of any unleased space in claim of Tenant; or (iv) make any alterations to the Tenant Space or the Building priority over the reletting of the Premises. Also, in or otherwise incur any such event, Landlord may make repairs, alterations and additions in or to the Premises and redecorate (using only Building standard materials in substantially the same configuration as the Premises) the same to the extent deemed by Landlord necessary or desirable, and, costs in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses of reletting. Landlord may collect the rents from any such reletting and apply the same first to the payment of the 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 of 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, sue xxx recover judgment for any deficiencies remaining after the application of the proceeds of any such reletting, unless Tenant unconditionally delivers to Landlord, in good and sufficient funds, the full amount thereof in advance.

Reletting. In the event of the abandonment of the Premises by Tenant or in the event that Landlord terminates the right of Tenant shall elect to re-enter or shall take possession of the Premises Premises, then if Landlord does not elect to terminate this Lease as provided in Section (a)(i) above, Landlord may from time to time, without terminating this Lease as aforesaidLease, Landlord shall have no obligation to, but may relet the Premises or any part thereof for the account of Tenant for such rent, for team or terms and at such time (which may be for a term extending beyond the Term) rental or rentals and upon such other terms and conditions as Landlord in Landlord's its sole discretion shall determine, may deem advisable with the right to make alterations and Landlord shall not be required repairs 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. AlsoIn the event that Landlord shall elect to so release, then rentals received by Landlord from such reletting shall be applied in any the following order: (1) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such event, Landlord may make repairs, alterations and additions in or remedies; (2) to the Premises and redecorate payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (using only Building standard materials in substantially the same configuration as the Premises3) the same to the extent deemed by Landlord necessary or desirable, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses payment of reletting. Landlord may collect the rents from any costs of such reletting and apply the same first (amortized as set forth in Section (a)(3) above); (4) to the payment of the expenses costs of re-entry, redecoration, repair and any alterations and repairs to the expense of reletting Premises (including without limitation brokers' commissions and attorneys' feesamortized as set forth in Section (a)(3) and second above); (5) to the payment of Rent herein provided to be paid by Tenant. Any excess of residue shall operate only as an offsetting credit against the amount of Rent as the same theretofore became or thereafter becomes due and payable unpaid hereunder, but ; and (6) the use of such offsetting credit to reduce the amount of Rent due Landlordresidue, if any, shall not be deemed 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 give the payment of Rent hereunder, be less than the Rent payable during the month by Tenant any righthereunder, title or interest in or to then Tenant shall pay such excess or residue and any such excess or residue shall belong solely deficiency to Landlord. No 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 re-entry reletting or repossession, repairs, in making such alterations and additions, or repairs not covered by the rentals received from such reletting shall be construed (amortized 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 set forth in whole or in part from any of Tenant's obligations hereunder. Landlord may, at any time and from time to time, sue xxx recover judgment for any deficiencies remaining after the application of the proceeds of any such relettingSection (a)(3) above).

Reletting. In the event of the abandonment of the Premises by Tenant or in the event that Landlord terminates the right of Tenant shall elect to re-enter or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in Paragraph a, Landlord may from time to time, without terminating this Lease as aforesaidLease, Landlord shall have no obligation to, but may relet the Premises or any part thereof for the account of Tenant for such rent, for term or terms and at such time (which may be for a term extending beyond the Term) rental or rentals and upon such other terms and conditions as Landlord in Landlord's its sole discretion shall determine, may deem advisable with the right to make alterations and Landlord shall not be required repairs 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. AlsoIn the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in any the following order: (1) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such event, Landlord may make repairs, alterations and additions in or remedies; (2) to the Premises and redecorate payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (using only Building standard materials in substantially the same configuration as the Premises3) the same to the extent deemed by Landlord necessary or desirable, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses payment of any costs of such reletting. Landlord may collect the rents from any such reletting and apply the same first ; (4) to the payment of the expenses costs of re-entry, redecoration, repair and any alterations and repairs to the expense of reletting Premises; (including without limitation brokers' commissions and attorneys' fees5) and second to the payment of Rent herein provided to be paid by Tenant. Any excess of residue shall operate only as an offsetting credit against the amount of Rent as the same theretofore became or thereafter becomes due and payable unpaid hereunder, but ; and (6) the use of such offsetting credit to reduce the amount of Rent due Landlordresidue, if any, shall not be deemed 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 give the payment of Rent hereunder, be less than the Rent payable during the month by Tenant any righthereunder, title or interest in or to then Tenant shall pay such excess or residue and any such excess or residue shall belong solely deficiency to Landlord. No 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 re-entry reletting or repossession, repairs, in making such 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 repairs not covered by the rentals received from any of Tenant's obligations hereunder. Landlord may, at any time and from time to time, sue xxx 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 or in the event that Landlord terminates the right of Tenant 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 Paraxxxxx 00(x), Xxxxxxxx xxx from time to time, without terminating this Lease as aforesaidLease, Landlord shall have no obligation to, but may relet the Premises or any part thereof for the account of Tenant for such rent, for term or terms and at such time (which may be for a term extending beyond the Term) rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord's sole discretion shall determine, and discretion. In the event that Landlord shall not be required elect to accept any tenant offered so relet, then rentals received by Tenant or to observe any instructions given by Tenant relative to Landlord from such reletting shall be applied in the following order: (1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and may give costs in the leasing event suit is filed by Landlord to enforce such remedies; (2) to the payment of any unleased space in the Building priority over the reletting of the Premises. Also, in any such event, Landlord may make repairs, alterations and additions in or indebtedness other than Rent due hereunder from Tenant to Landlord; (3) to the Premises and redecorate payment of any costs of such reletting; (using only Building standard materials in substantially the same configuration as the Premises4) the same to the extent deemed by Landlord necessary or desirable, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses of reletting. Landlord may collect the rents from any such reletting and apply the same first to the payment of the expenses costs of re-entry, redecoration, repair and any alterations and repairs to the expense of reletting Premises; (including without limitation brokers' commissions and attorneys' fees5) and second to the payment of Rent herein provided to be paid by Tenant. Any excess of residue shall operate only as an offsetting credit against the amount of Rent as the same theretofore became or thereafter becomes due and payable unpaid hereunder, but ; and (6) the use of such offsetting credit to reduce the amount of Rent due Landlordresidue, if any, shall not be deemed 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 give the payment of Rent hereunder, be less than the Rent payable during the month by Tenant any righthereunder, title or interest in or to then Tenant shall pay such excess or residue and any such excess or residue shall belong solely deficiency to Landlord. No 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 re-entry reletting or repossession, repairs, in making such 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 repairs not covered by the rentals received from any of Tenant's obligations hereunder. Landlord may, at any time and from time to time, sue xxx recover judgment for any deficiencies remaining after the application of the proceeds of any such reletting.

Reletting. In (1) Upon termination of this Lease or expiration of Tenant's right to occupy the event Landlord terminates the right of Tenant to possession Premises by reason of the Premises happening of any of the foregoing events, or in any other manner or circumstances whatsoever, whether with or without terminating legal proceedings, by reason of or based upon or arising out of a default or breach of this Lease as aforesaidon the part of Tenant, Landlord shall have no obligation tomay, but may at its option subject to the proviso set forth at the end of this Section A(1), at any time and from time to time relet the Premises or any part thereof 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, 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 deems necessary or desirable and all other commercially reasonable expenses, commissions and charges paid, assumed or incurred by Landlord in or about reletting the Premises and then to the fulfillment of the covenants of Tenant hereunder. Any such rent, reletting herein provided for such time (which may be for the remainder of the initial term or any renewal term of this Lease, as originally granted, or for a term extending beyond longer or shorter period; Landlord shall have the Term) right to change the character and upon such terms as Landlord in Landlord's sole discretion shall determineuse 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 relative about reletting. In the event Landlord terminates this Lease or is entitled to such reletting and may give the leasing of any unleased space in the Building priority over the reletting possession of the Premises. AlsoPremises after surrender thereof by Tenant by reason of default by Tenant, in any such eventLandlord shall use reasonable efforts under the circumstances to relet the space; provided, however, Landlord may make repairslease as Landlord reasonably deems appropriate, alterations and additions in or to the Premises and redecorate (using only Building standard materials in substantially the same configuration standards as the Premises) the same Landlord would use when leasing similar space (assuming Landlord has all ownership and financial risk as to the extent deemed by Landlord necessary or desirable, andsuch similar space). Further, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses event of reletting. Landlord may collect the rents from any such reletting and apply the same first to the payment a default or breach of the 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 of 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 Leaseby either party, unless a written notice of such intention the other party shall use all reasonable effort under the circumstances to mitigate any damages for which the breaching party might 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, sue xxx recover judgment for any deficiencies remaining after the application of the proceeds of any such relettingresponsible.

Reletting. After such termination of this Lease and the surrender and yield-up of the Premises by Tenant pursuant to the foregoing provisions, Landlord 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 entertain negotiations with any other prospective tenants for the event Premises unless and until Landlord terminates the right of Tenant to obtains full and complete possession of the Premises, including the final and unappealable legal right to relet the Premises without terminating free of any claim of Tenant, (ii) 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 in the Building, suitable for the use of the prospective tenant, (iv) lease the Premises for a rental rate less than the current fair market rent then prevailing for similar space in the Building, or (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 Landlord, in its sole discretion, 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 liability under this Lease as aforesaid, or otherwise affecting any such liability. Landlord shall have no other obligation to, but may relet to mitigate the Premises or any part thereof damages for the account of which 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, 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, in any such event, Landlord may make repairs, alterations and additions in or to the Premises and redecorate (using only Building standard materials in substantially the same configuration as the Premises) the same to the extent deemed by Landlord necessary or desirable, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses of reletting. Landlord may collect the rents from any such reletting and apply the same first to the payment of the 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 of 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 is responsible under 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, sue xxx recover judgment for any deficiencies remaining after the application of the proceeds of any such reletting.

Reletting. In the event Landlord terminates the right of Tenant to possession of the Premises without terminating this Lease as aforesaid, Landlord shall have no obligation to, but may relet the Premises 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, 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, in any such eventLease, Landlord may make repairs, alterations and additions in or to the Premises and redecorate (using only Building standard materials in substantially the same configuration as the Premises) the same to the extent deemed by Landlord necessary or desirablenecessary, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's ’s expenses of relettingreletting (provided that if same is relet for a period beyond the term of this Lease, such costs shall be appropriately prorated). Landlord may collect the rents from any such reletting and apply the same first to the payment of the 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 of 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 ’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 ’s obligations hereunder. Landlord may, at any time and from time to time, sue xxx and recover judgment for any deficiencies remaining after the application of the proceeds of any such reletting.

Reletting. After such termination of this Lease and the surrender and yield-up of the Premises by Tenant pursuant to the foregoing provisions, Landlord will exercise commercially reasonable efforts to relet the Premises 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 control in the Building. In no event shall Landlord be required to (i) solicit or entertain negotiations with any other prospective tenants for the event Premises unless and until Landlord terminates the right of Tenant to obtains full and complete possession of the Premises, including the final and unappealable legal right to relet the Premises without terminating free of any claim of Tenant, (ii) 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 in the Building, suitable for the use of the prospective tenant, (iv) lease the Premises for a rental rate less than the current fair market rent then prevailing for similar space in the Building, or (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 Landlord, in its sole discretion, 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 liability under this Lease as aforesaid, or otherwise affecting any such liability. Landlord shall have no other obligation to, but may relet to mitigate the Premises or any part thereof damages for the account of which 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, 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, in any such event, Landlord may make repairs, alterations and additions in or to the Premises and redecorate (using only Building standard materials in substantially the same configuration as the Premises) the same to the extent deemed by Landlord necessary or desirable, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses of reletting. Landlord may collect the rents from any such reletting and apply the same first to the payment of the 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 of 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 is responsible under 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, sue xxx recover judgment for any deficiencies remaining after the application of the proceeds of any such reletting.

Reletting. In the event If Landlord terminates the right of Tenant 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 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 as aforesaidduring the period from the date of such notice of termination of possession to the expiration of the Term. In any such case, Landlord shall have no obligation to, but may use all reasonable efforts to relet the Premises or any part thereof for the account of Tenant for such rent, for such time (which may be for a term extending beyond the TermTerm of this Lease) and upon such terms as Landlord in Landlord's sole reasonable discretion shall determine, 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 Premisesreletting. Also, in any such eventcase, Landlord may change the locks or other entry devices of the Premises and make repairs, alterations and additions in or to the Premises and redecorate (using only Building standard materials in substantially the same configuration as the Premises) the same to the extent deemed by Landlord reasonably necessary or desirable, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand 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 apply the same first to the payment of the expenses of re-entryreentry, redecoration, repair and alterations and the expense expenses of reletting (including without limitation brokers' commissions and attorneys' fees) and second to the payment of Base Rent and Additional Rent herein provided to be paid by Tenant. Any Tenaxx, xxd any excess of or residue shall operate only as an offsetting credit against the amount of Base Rent and Additional Rent due and owing as the same theretofore became or thereafter becomes due and payable hereunder, but the . 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 solely to LandlordLandlord 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 re-entry or reentry, repossession, repairs, alterations and additionsalterations, additions or reletting shall be construed as an eviction or ouster of Tenant, Tenant or as 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 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 xxx 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. In the event Landlord terminates the right of Tenant to --------- possession of the Premises without terminating this Lease as aforesaid, Landlord shall have no obligation to, but may use reasonable efforts to relet the Premises 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 determinedetermine (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, in any such event, Landlord may make repairs, alterations and additions in or to the Premises and redecorate (using only Building standard materials in substantially the same configuration as the Premises) the same to the extent deemed by Landlord necessary or desirable, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses of reletting. Landlord may collect the rents from any such reletting and apply the same first to the payment of the 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 of 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, sue xxx and recover judgment for any deficiencies remaining after the application of the proceeds of any such reletting.

Reletting. In Lessee acknowledges that MDC has entered into this Sublease in reliance upon, among other matters, Lessee’s agreement and continuing obligation to pay all rent due throughout the event Landlord terminates Sublease Term. As a result, Lessee hereby knowingly and voluntarily waives, after advice of competent counsel, any of MDC (and any affirmative defense based upon such duty) following any Event of Default to relet the right Leased Premises or otherwise mitigate MDC’s damages arising from such Event of Tenant Default. If such waiver is not effective under then applicable law or MDC otherwise elects, at MDC’s sole option, to possession attempt to relet all or any part of the Premises without terminating this Lease as aforesaidLeased Premises, Landlord shall have Lessee agrees that MDC has no obligation to, but may : (i) relet the Leased Premises prior to leasing any other space within the buildings; (ii) relet the Leased Premises (A) at a rental rate or otherwise on terms below market, as then determined by MDC in its sole discretion; (B) to any part entity not satisfying MDC’s then standard financial credit risk criteria; (C) for a use (1) not consistent with Lessee’s use prior to the Event of Default; (2) which would violate then applicable law or regulation, or violate any restrictive covenant or other lease affecting the buildings; (3) which would impose a greater burden upon the buildings’ parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Materials; (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 Lessee unconditionally delivers MDC, in good and sufficient funds, the full amount thereof for the account of Tenant for such rentin advance; (v) pay, for such time (which and/or grant any allowance for, lessee finish or other costs associated with any new lease, even though same may be for a term extending beyond amortized over the applicable Sublease Term, unless Lessee unconditionally delivers MDC, in good and sufficient funds, the full amount thereof in advance; and/or (vi) and upon such terms as Landlord in Landlord's sole discretion shall determinerelet the Leased Premises, and Landlord shall not if to do so, MDC would 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 alter other portions of the Premises. Alsobuildings, in make ADA-type modifications or otherwise install or replace any such eventsprinkler, Landlord may make repairssecurity, alterations and additions in safety, HVAC or to the Premises and redecorate (using only Building standard materials in substantially the same configuration as the Premises) the same to the extent deemed by Landlord necessary or desirable, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses of reletting. Landlord may collect the rents from any such reletting and apply the same first to the payment of the 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 of 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, sue xxx recover judgment for any deficiencies remaining after the application of the proceeds of any such relettingother building operating systems.

Reletting. In the event Landlord terminates the right If a Lease Event of Tenant to possession of the Premises without terminating Default shall have occurred and be continuing, and whether or not this Lease as aforesaid, Landlord shall have been terminated pursuant to Section 17.1, Lessor may, but shall be under no obligation to, but may relet the Premises all, or any part thereof portion, of the Property, for the account of Tenant for such rentLessee or otherwise, for such time term or terms (which may be for a term extending beyond greater or less than the period which would otherwise have constituted the balance of the Term) and upon on such terms conditions (which may include concessions or free rent) and for such purposes as Landlord in Landlord's sole discretion shall Lessor may determine, and Landlord Lessor may collect, receive and retain the rents resulting from such reletting. Lessor shall not be liable to Lessee for any failure to relet the Property or for any failure to collect any rent due upon such reletting. (c) Damages. None of (i) the termination of this Lease pursuant to Section 17.1; (ii) the repossession of the Property; or (iii) except to the extent required by applicable law, the failure of Lessor to accept relet all, or any tenant offered by Tenant or to observe any instructions given by Tenant relative to such reletting and may give portion, of the leasing of any unleased space in the Building priority over Property, the reletting of all or any portion thereof, nor the Premises. Also, in failure of Lessor to collect or receive any rentals due upon any such eventreletting shall relieve Lessee of its liability and obligations hereunder, Landlord may make repairsall of which shall survive any such termination, alterations repossession or reletting. If any Lease Event of Default shall have occurred and additions be continuing and notwithstanding any termination of this Lease pursuant to Section 17.1, Lessee shall forthwith pay to Lessor all Basic Rent and other sums due and payable hereunder to and including the date of such termination. Thereafter, on the days on which the Basic Rent or Supplemental Rent, as applicable, are payable under this Lease or would have been payable under this Lease if the same had not been terminated pursuant to Section 17.1 and until the end of the Term or what would have been the Term in or the absence of such termination, Lessee shall pay Lessor, as current liquidated damages (it being agreed that it would be impossible accurately to determine actual damages) an amount equal to the Premises Basic Rent and redecorate (using only Building standard materials in substantially Supplemental Rent that are payable under this Lease or would have been payable by Lessee hereunder if this Lease had not been terminated pursuant to Section 17.1, less the same configuration as the Premises) the same net proceeds, if any, which are actually received by Lessor with respect to the extent deemed by Landlord necessary period in question of any reletting of the Property or desirableany portion thereof; provided that Lessee's obligation to make payments of Basic Rent and Supplemental Rent under this Section 17.3 shall continue only so long as Lessor shall not have received the amounts specified in Section 17.2. In calculating the amount of such net proceeds from reletting, andthere shall be deducted all of Lessor's, the Agent's and any Lenders' expenses in connection therewith, change the locks to the Premisesincluding repossession costs, brokerage commissions, fees and Tenant shall upon demand pay the cost thereof together with Landlord's expenses of for counsel and any necessary repair or alteration costs and expenses incurred in preparation for such reletting. Landlord may collect To the rents from extent Lessor receives any damages pursuant to this Section 17.3, such reletting and apply the same first to the payment of the 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 of 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 amounts shall be construed regarded as an eviction or ouster amounts paid on account 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 hereunderRent. Landlord may, at any time and from time to time, sue xxx recover judgment for any deficiencies remaining after the application of the proceeds of any such reletting.(d)

Reletting. In Without terminating or effecting a forfeiture of this Lease or otherwise relieving Tenant of any obligation hereunder in the event absence of express written notice of Landlord's election to do so, Landlord 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 the date that Landlord terminates Tenant's right to possession of the Premises; provided, however, that following a default, Landlord shall not unreasonably withhold its consent to an assignment of this Lease or a subletting of the Premises requested by Tenant, unless Landlord shall also elect to terminate this Lease and Tenant's right of Tenant to possession of the Premises without terminating 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 as aforesaid, to recover them by legal action or in any other manner. If Landlord shall have no obligation to, but may relet relets the Premises or any part thereof 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 account extent such proceeds compensate Landlord for non-performance of any obligation of Tenant for such rent, for such time (which hereunder. Landlord may be for a term extending beyond the Term) and upon such terms as Landlord execute any lease made pursuant hereto in Landlord's sole discretion shall determineits own name, and the lessee thereunder shall be under no obligation to see to the application by Landlord of any proceeds to Tenant, nor shall Tenant have any right to collect any such proceeds. Landlord shall not be required to accept by 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, in any such event, Landlord may make repairs, alterations and additions in or to the Premises and redecorate (using only Building standard materials in substantially the same configuration as the Premises) the same to the extent deemed by Landlord necessary or desirable, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses of reletting. Landlord may collect the rents from any such reletting and apply the same first to the payment of the 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 of 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 additionsother act be deemed to have accepted any surrender by Tenant of the Premises or Tenant's interest therein, or reletting shall be construed as an eviction or ouster of Tenant, an election on Landlord's part deemed to terminate this Lease or an acceptance of a surrender of have terminated this Lease, or to have relieved Tenant of any obligation hereunder, unless a Landlord shall have given Tenant express written notice of such intention be given Landlord's election 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, sue xxx recover judgment for any deficiencies remaining after the application of the proceeds of any such relettingdo so as set forth herein.

Reletting. In the event Landlord terminates the right of Tenant to possession of the Premises without terminating acknowledges that Xxxxxxxx has entered into this Lease as aforesaidin reliance upon, Landlord shall have no among other matters, Xxxxxx’s agreement and continuing obligation to, but may relet the Premises or any part thereof for the account of Tenant for such rent, for such time (which may be for a term extending beyond to pay all Rent due throughout the Term) . Upon Landlord’s termination of this Lease and upon such terms as Landlord in Landlord's sole discretion shall determineXxxxxx’s possession after the occurrence of an Event of Default, 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, in any such event, Landlord may make repairs, alterations and additions in or to the Premises and redecorate (using only Building standard materials in substantially the same configuration as the Premises) the same to the extent deemed by required under then applicable law, Landlord necessary or desirableagrees to use commercially reasonable efforts to relet the Premises; provided, andhowever, in connection therewith, change Tenant agrees that Landlord has no obligation to: (i) relet the locks 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 the 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 Materials; (ii) divide the Premises, and Tenant shall upon demand pay install new demising walls or otherwise reconfigure the cost thereof together with Landlord's expenses of reletting. Premises to make same more marketable; and/or (iii) relet the Premises, if to do so, Landlord may collect the rents from any such reletting and apply the same first would be required to the payment alter other portions of the expenses of reBuilding, make ADA-entrytype modifications or otherwise install or replace any sprinkler, redecorationsecurity, 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 safety, HVAC or other Building operating systems. INTENTIONALLY DELETED 20. Intentionally deleted. SURRENDER OF PREMISES 21. No act by Tenant. Any excess of residue Landlord 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 the Premises, and no agreement to 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 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 a written notice Landlord at the time of such intention request for approval agrees in writing that Tenant shall not be given required to Tenantremove 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 been 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 operate survive the end of the Term. HOLDING OVER 22. If Tenant fails to release vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance and, (i) Tenant shall pay, in whole 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. Xxxxxxxx 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 in part from to pursue any of Tenant's obligations hereunder. Landlord mayother remedies under this Lease, at any time law, in equity or otherwise. In addition to and from time 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 Xxxxxx fails to time, sue xxx recover judgment for any deficiencies remaining after vacate the application Premises at the end of the proceeds Term. CERTAIN RIGHTS RESERVED BY LANDLORD 23. Provided that the exercise of any such reletting.rights does not unreasonably interfere with Xxxxxx’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):

Reletting. In Without terminating or effecting a forfeiture of the event Landlord Lease or otherwise relieving Lessee of any obligation hereunder, Lessor may, but need not, 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 Lessor, in its sole discretion, may deem proper. Whether or not the leased premises are relet, Lessee shall pay to Lessor all amounts required by Lessee hereunder up to the date that Lessor terminates the Lessee's right of Tenant to possession of the Premises without terminating leased premises; provided, however, that following a default, Lessor shall not unreasonably withhold its consent to an assignment of this Lease or a subletting of the leased premises requested by Lessee unless Lessor shall also elect to terminate this Lease and Lessee's right to possession of the leased premises, as aforesaidprovided in Paragraph 10(b)(1). Such payments by Lessee shall be due at the times provided in the Lease and Lessor need not wait until the termination of the Lease to recover them by legal action or in any other manner. If Lessor relets the leased premises or any portion thereof, Landlord such reletting shall not relieve Lessee of any obligation hereunder, except that Lessor shall apply the rent or other proceeds actually collected by it for such reletting against amounts due from Lessee hereunder to the extent such proceeds compensate Lessor for nonperformance of any obligation of Lessee hereunder. Lessor may execute any lease made pursuant hereto in its own name and the Lessee thereunder shall be under no obligation to see the application by Lessor of any proceeds to Lessee nor shall Lessee have any right to collect any such proceeds. Lessor shall not by any reentry or other act be deemed to have accepted any surrender by Lessee of the leased premises or Lessee's interest therein or be deemed to have terminated this Lease or to have relieved Lessee of any obligation hereunder unless Lessor shall have no obligation togiven Lessee express written notice of Lessor's election to do so, but may relet as set forth herein. In the Premises event Lessor consents to an encumbrance of this Lease for security purposes in accordance with Paragraph 8 of this Lease, it is understood and agreed that Lessor shall furnish copies of all notices of defaults to the beneficiary or mortgagee under said encumbrance by certified mail (provided Lessee has delivered to Lessor written request therefore, together with the name and address of any part thereof for such beneficiary or mortgagee) contemporaneously with the account furnishing 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 determinenotices to Lessee, and Landlord in the event Lessee shall fail to cure such default or defaults within the time allowed above, said beneficiary or mortgagee shall be afforded the right to cure such default at any time within fifteen (15) days following the expiration of the period within which Lessee may cure such default, provided, however, Lessor shall not be required to accept furnish any tenant offered by Tenant further notice of default to said beneficiary or mortgagee. In the event of the termination of this Lease pursuant to observe the provisions of this Paragraph, Lessor shall have any instructions given by Tenant relative rights to which it would be entitled in the event of the expiration or sooner termination of this Lease under the provisions of Paragraph 6. Notwithstanding the foregoing, should a default not be cured within the grace periods referred to above, said Lease shall nevertheless not be terminated as to said beneficiary or mortgagee unless the Lessor first legally offers in writing to enter into a valid Lease with said offer in writing within (30) days after it is made, and such new Lease is entered into as a condition concurrent to such reletting and may give termination, for the leasing of any unleased space in the Building priority over the reletting then balance of the Premises. Also, in any such event, Landlord may make repairs, alterations term of this Lease and additions in or to the Premises and redecorate (using only Building standard materials in substantially otherwise with the same configuration terms, conditions and priority as this Lease, provided the Premises) the same mortgagee or beneficiary promptly cures all then existing defaults under this Lease when and to the extent deemed it is able to cure them. Such new Lease may be entered into even though possession of the leased premises has not been surrendered by Landlord necessary or desirablethe defaulting lessee, and, in connection therewithsuch event, change the locks Lessor shall proceed, unless legally restrained, promptly to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses of reletting. Landlord may collect the rents from any such reletting and apply the same first to the payment obtain possession of the expenses of re-entry, redecoration, repair leased premises and alterations and the expense of reletting (including without limitation brokers' commissions and attorneys' fees) and second to the payment of Rent herein provided deliver possession to be paid by Tenant. Any excess of residue shall operate only said mortgagee or beneficiary as an offsetting credit against the amount of Rent soon as the same theretofore became is obtained. Should the mortgagee or thereafter becomes due and payable hereunder, but the use of such offsetting credit beneficiary fail to reduce the amount of Rent due Landlord, if any, shall not be deemed to give Tenant any right, title or interest accept said offer 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 additionswriting within said thirty (30) day period, or reletting shall be construed as an eviction or ouster of Tenant, an election on Landlord's part having so accepted said offer should it fail promptly to terminate cure all existing defaults under this Lease when and to the extent it is able to cure them, then such termination shall also be effective as to said mortgagee 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, sue xxx recover judgment for any deficiencies remaining after the application of the proceeds of any such relettingbeneficiary.

Reletting. In If this Lease or Tenant's right to possession is terminated, or Tenant abandons the event Premises, Landlord terminates may: (i) enter and secure the right Premises, change the locks, install barricades, remove any improvements, fixtures or other property of Tenant to possession of the Premises without terminating this Lease therein, perform any decorating, remodeling, repairs, alterations, improvements or additions and take such other actions as aforesaid, Landlord shall have no obligation to, but may relet the Premises 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 determine in Landlord's sole discretion shall determine, and Landlord shall not be required to accept any tenant offered by Tenant prevent damage 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, in any such event, Landlord may make repairs, alterations and additions in or deterioration to the Premises and redecorate (using only Building standard materials in substantially or prepare the same configuration for reletting, 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 Term 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 shall pay any deficiency to Landlord as the Premises) same accrues or after the same has accrued from time to time upon demand, subject to the extent deemed 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) 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 require that Landlord necessary post a bond or desirable, and, other security in connection therewith, change the locks and (ii) xxx for and collect any unpaid Rent which has accrued. Notwithstanding anything to the Premisescontrary 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 (in 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%) per annum to the then present value, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses of reletting. Landlord may collect the rents from any such reletting and apply the same first to the shall, after receiving payment of the expenses same from Tenant, be obligated to turn over to Tenant any actual net reletting proceeds (net of re-entryall Costs of Reletting) thereafter received during the remainder of the Term, redecoration, repair and alterations and the expense of reletting (including without limitation brokers' commissions and attorneys' fees) and second up to the payment amount so received from Tenant pursuant to this provision. F. Late Charges, Interest, and Returned Checks. Tenant shall pay, as additional Rent, a service charge of five percent (5%) of the delinquent amount, if any portion of Rent herein provided to be 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 TenantLandlord. Any excess of residue shall operate only as an offsetting credit against the amount of Rent as the same theretofore became or thereafter becomes due Such service charges and payable hereunder, but the use of such offsetting credit to reduce the amount of Rent due Landlord, if any, interest payments shall not be deemed consent by Landlord to give late payments, nor a waiver of Landlord's right to insist upon timely payments at any time, nor a waiver of any remedies to which Landlord is entitled as a result of the late payment of Rent. If Landlord receives two (2) or more checks from Tenant which are returned by Tenant's bank for insufficient funds, Landlord may require that all checks thereafter be bank certified or cashier's checks (without limiting Landlord's other remedies). All bank service charges resulting from 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 returned checks shall be construed as an eviction or ouster of borne by 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, sue xxx recover judgment for any deficiencies remaining after the application of the proceeds of any such reletting.G.

Reletting. In If this Lease or Tenant’s right to possession is terminated, or Tenant abandons the event Premises, Landlord terminates may: (i) enter and secure the right 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 possession prevent damage or deterioration to the Premises or prepare the same for reletting, and (ii) relet all or any portion of the Premises without terminating this Lease (separately or as aforesaidpart of a larger space), Landlord shall have no obligation to, but may relet the Premises or for any part thereof for the account of Tenant for such rent, for such use or period of time (which may be for a term extending extend beyond the Term) Term hereof), and upon such any other terms as Landlord shall determine in Landlord's ’s sole discretion discretion, directly or as Tenant’s agent (if permitted or required by applicable Law). The consideration received from such reletting shall determinebe 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 shall pay any deficiency to Landlord as the same accrues or after the same has accrued from time to time upon demand, subject to the other provisions hereof. E. Specific Performance, Collection of Rent and Acceleration. Landlord shall not be at all times have the right without prior demand or notice except as required to accept by applicable Law to: (i) seek any tenant offered by Tenant declaratory, injunctive or to observe any instructions given by Tenant relative to such reletting other equitable relief, and may give the leasing specifically enforce this Lease or restrain or enjoin a violation of any unleased space in the Building priority over the reletting of the Premises. Alsoprovision hereof, in and Tenant hereby waives any such event, right to require that Landlord may make repairs, alterations and additions in post a bond or to the Premises and redecorate (using only Building standard materials in substantially the same configuration as the Premises) the same to the extent deemed by Landlord necessary or desirable, and, other security in connection therewith, change the locks and (ii) xxx for and collect any unpaid Rent which has accrued. Notwithstanding anything to the Premisescontrary contained in this Lease, and Tenant shall upon demand pay to the cost thereof together with Landlord's expenses extent not expressly prohibited by applicable Law, in the event of reletting. any Default by Tenant, Landlord may collect the rents from any such reletting and apply the same first to the payment of the 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 of 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 Tenant’s right to possession and accelerate and declare all Rent reserved for the remainder of a surrender the Term to be immediately due and payable (in 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 this Leaseseven percent (7%) per annum to the then present value, unless a written notice and Landlord shall, after receiving payment of such intention be given to the same from Tenant, or shall operate be obligated to release turn over to Tenant in whole or in part from any actual net reletting proceeds (net of Tenant's obligations hereunder. Landlord may, at any time and from time to time, sue xxx recover judgment for any deficiencies remaining after all Costs of Reletting) thereafter received during the application remainder of the proceeds Term, up to the amount so received from Tenant pursuant to this provision. F. Late Charges, Interest, and Returned Checks. Tenant shall pay, as additional Rent, a service charge of any such reletting.Three Hundred Dollars ($300.00) or three percent

Reletting. In the event If Landlord terminates the Tenant's right of Tenant to possession of the Premises without terminating this Lease as aforesaidLease, Landlord shall have no obligation to, but may relet the Premises or any part thereof for thereof. In such case, Landlord shall use reasonable efforts to relet the account of Tenant for such rent, for such time (which may be for a term extending beyond the Term) and upon Premises on such terms as Landlord in shall reasonably deem appropriate; provided, however, Landlord may first lease Landlord's sole discretion shall determine, other available space and Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant relative 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 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 rights hereunder, Landlord's re-entry upon on the Premises and may give such reletting, 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 leasing 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). In addition, if the Premises, or any unleased part thereof, shall be relet together with other space in the Building priority over the reletting of the Premises. AlsoBuilding, in any such event, Landlord may make repairs, alterations and additions in other rents collected or to the Premises and redecorate (using only Building standard materials in substantially the same configuration as the Premises) the same to the extent deemed by Landlord necessary or desirable, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses of reletting. Landlord may collect the rents from reserved under any such reletting and apply the same first to the payment of 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-entryentry upon the Premises by Landlord, redecoration, repair and alterations and as the expense of reletting (including without limitation brokers' commissions and attorneys' fees) and second to case may be. Any such Deficiency shall be paid in monthly installments by Tenant on the days specified in this Lease for payment of Rent herein 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 be paid by Tenant. Any excess of residue shall operate only as an offsetting credit against Landlord under this Lease), and no suit to collect the amount of Rent as the same theretofore became or thereafter becomes due and payable hereunderDeficiency for any month shall prejudice Landlord's right to collect the Deficiency for any subsequent month by a similar proceedings. If the consideration received by Landlord in connection with such reletting is greater than the amount necessary to pay the full amount of the Rent, but the use full amount 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 retained by Landlord and shall in no event be given payable 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, sue xxx recover judgment for any deficiencies remaining after the application of the proceeds of any such reletting.

Reletting. In the event If Landlord terminates the Tenant’s right of Tenant to possession of the Premises without terminating this Lease as aforesaidLease, Landlord shall have no obligation to, but may relet use reasonable efforts to mitigate its damages by reletting the Premises 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 on such terms as Landlord in shall reasonably deem appropriate; provided, however, Landlord may first lease Landlord's sole discretion shall determine, ’s other available space and Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant relative to about such reletting. Tenant shall reimburse Landlord for the reasonable costs and expenses of reletting and may give the leasing Premises, which were actually incurred by Landlord, including, but not limited to, all reasonable brokerage, advertising, legal, alteration (excluding tenant improvements, the cost of any unleased space in the Building priority which are amortized over the reletting of new lease), and other expenses incurred to secure a new tenant for the Premises. AlsoIf 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 portion of the expenses relative to what would have been the unexpired Term of this Lease shall be deducted from the reletting proceeds in determining Tenant’s liability. In addition, if the consideration collected by Landlord upon any such eventreletting, Landlord may make repairs, alterations and additions in or to the Premises and redecorate (using only Building standard materials in substantially the same configuration as the Premises) the same to the extent deemed by Landlord necessary or desirable, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses of reletting. Landlord may collect the rents from any such reletting and apply the same first to the after payment of the expenses of re-entry, redecoration, repair and alterations and reletting the expense of reletting (including without limitation brokers' commissions and attorneys' fees) and second to the payment of Rent herein provided to be paid Premises which have not been reimbursed by Tenant. Any excess , is insufficient to pay monthly the full amount of residue the Rent, Tenant shall operate only as an offsetting credit against pay to Landlord the amount of Rent each monthly deficiency as it becomes due. If such consideration is greater than the same theretofore became or thereafter becomes due and payable hereunderamount necessary to pay the full amount of the Rent, but the use full amount 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 retained by Landlord and shall in no event be given payable 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, sue xxx recover judgment for any deficiencies remaining after the application of the proceeds of any such reletting.

Reletting. In the event Tenant acknowledges that Landlord terminates the right of Tenant to possession of the Premises without terminating has entered into this Lease as aforesaidin reliance upon, among other matters, Tenant's agreement and continuing obligation to pay all Rent due throughout the Term. To the extent required by law, Landlord shall have no obligation to, but may agrees to use reasonable efforts following any Event of Default to relet the Premises or otherwise mitigate Landlord's damages arising from such Event of Default; provided, however, Tenant agrees that Landlord has no obligation to: (i) relet the Premises prior to leasing any part 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 general 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 parking, HVAC or other facilities; and/or (4) which would involve any use of Hazardous Materials; (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 for the account of Tenant for such rentin advance; (v) pay, for such time (which and/or grant any allowance for, tenant finish or other costs associated with any new lease, even though same may be for a term extending beyond amortized over the Termapplicable lease term, unless Tenant unconditionally delivers Landlord, in good and sufficient funds, the full amount thereof in advance; and/or (vi) and upon such terms as relet the Premises, if to do so, Landlord in Landlord's sole discretion shall determine, and Landlord shall not would 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 alter other portions of the PremisesBuilding, make ADA-type modifications or otherwise install or replace any sprinkler, security, safety, HVAC or other Building operating systems. Also, in LANDLORD'S LIEN 20. Landlord disclaims any such event, Landlord may make repairs, alterations and additions in statutory or to the Premises and redecorate (using only Building standard materials in substantially the same configuration as the Premises) the same to the extent deemed constitutional lien. SURRENDER OF PREMISES 21. No act by Landlord necessary or desirable, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses of reletting. Landlord may collect the rents from any such reletting and apply the same first to the payment of the 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 of 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 the Premises, and no agreement to 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, unless a written notice of such intention be given Tenant shall deliver to Landlord the 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, or as to which Sections 14 and 15 shall operate control) excepted, and shall deliver to release 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 whole or in part from part, by Landlord). Additionally, Tenant 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 been 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 Tenant's obligations hereunder. Landlord may, at any time and from time to time, sue xxx recover judgment for any deficiencies remaining after this Section 21 shall survive the application end of the proceeds of any such relettingTerm.

Reletting. In the event Landlord terminates the right of Tenant to possession of the Premises With or without terminating this Lease Lease, as aforesaidLandlord may elect, Landlord shall have no obligation tomay re-enter and repossess the Demised Premises, but may relet the Premises or any part thereof thereof, and lease them to any other person upon such terms as Landlord shall deem reasonable, for a term within or beyond the term of this Lease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (i) all Annual Fixed Rent, Additional Rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less (ii) the net proceeds, if any, of any reletting effected for the account of Tenant for after deducting from such rent, for such time (which may be for a term extending beyond the Term) and upon such terms as Landlord in proceeds all of Landlord's sole discretion shall determineexpenses, attorneys' fees and Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant relative to expenses, employees' expenses, reasonable alteration costs, expenses of preparation for such reletting and may give the leasing all costs and expenses, direct or indirect, incurred as a result of any unleased space in the Building priority over the reletting Tenant's breach of the Premises. Also, in any such event, Landlord may make repairs, alterations and additions in or to the Premises and redecorate (using only Building standard materials in substantially the same configuration as the Premises) the same to the extent deemed by Landlord necessary or desirable, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses of relettingLease. Landlord may collect agrees to use commercially reasonable efforts to mitigate the rents damages resulting from any such reletting and apply the same first to the payment of the 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 of 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 breach of this Lease, unless a written notice of but Landlord shall in no event be liable in any way whatsoever for failure to relet the Demised Premises or, in the event that the Demised Premises or any part or parts thereof are relet, for failure to collect the rent upon such intention reletting. The foregoing shall not be given construed to Tenantimpose 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 shall operate in preference over any other portion of the Park available for lease. If the Demised Premises are at the time of default sublet or leased by Tenant to release Tenant in whole or in part from any of Tenant's obligations hereunder. others, Landlord may, at as Tenant's agent, collect rents due from any time subtenant or other tenant and from time apply such rents to timethe rent and other amounts due hereunder without in any way affecting Tenant's obligation to Landlord hereunder. Such agency, sue xxx recover judgment being given for any deficiencies remaining after the application of the proceeds of any such relettingsecurity, is hereby declared to be irrevocable.

Reletting. In the event Landlord terminates the right of Tenant to possession of the Premises without terminating this Lease as aforesaid, Landlord shall have no obligation to, but may use reasonable efforts to relet the Premises 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 ’s reasonable discretion shall determinedetermine (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 reletting and may give the leasing of any unleased space in the Building priority over the reletting of the Premises. Also, in any such event, Landlord may make repairs, alterations and additions repairs in or to the Premises and redecorate (using only Building standard materials in substantially the same configuration as the Premises) the same to the extent deemed by Landlord necessary or desirable, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's ’s expenses of reletting. Landlord may collect the rents from any such reletting and apply the same first to the payment of the expenses of re-entry, redecoration, entry 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 of 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 ’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 ’s obligations hereunder. Landlord may, at any time and from time to time, sue xxx 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. In the event Landlord terminates the right of Tenant to possession of the Premises without terminating this Lease as aforesaid, Landlord shall have no obligation to, but may use commercially reasonable efforts to relet the Premises 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 ’s reasonable discretion shall determinedetermine (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, in any such event, Landlord may make repairs, alterations and additions in or to the Premises and redecorate (using only Building standard materials in substantially the same configuration as the Premises) the same to the extent deemed by Landlord necessary or desirablenecessary, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the reasonable cost thereof together with Landlord's ’s reasonable expenses of reletting. Landlord may collect the rents from any such reletting and apply the same first to the payment of the 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 of 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 ’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 ’s obligations hereunder. Landlord may, at any time and from time to time, sue xxx sxx and recover judgment for any deficiencies remaining after the application of the proceeds of any such reletting.

Reletting. In the event Landlord terminates the right Without terminating or effecting a forfeiture of Tenant to possession of the Premises without terminating this Lease as aforesaidor otherwise relieving Tenant of any obligation hereunder in the absence of express written notice of Landlord's election to do so, Landlord shall have no obligation tomay, but may need not, re-enter the leased premises, remove all persons therefrom and relet the Premises leased premises or any part portion thereof for the account of Tenant at any time or from time to time and for such rent, for such time (which may be for a term extending beyond the Term) terms and upon such terms conditions and rental as Landlord in Landlord's its sole discretion shall determine, and may deem proper. The rent or other proceeds received by Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant relative to from such reletting and may give shall be applied: first, to the leasing payment of any unleased space in the Building priority over the reletting of the Premises. Alsoindebtedness other than Minimum Annual Rental due hereunder from Tenant to Landlord; second, in any such event, Landlord may make repairs, alterations and additions in or to the Premises and redecorate (using only Building standard materials in substantially the same configuration as the Premises) the same to the extent deemed by Landlord necessary or desirablepayment of any cost of such reletting; third, and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost thereof together with Landlord's expenses of reletting. Landlord may collect the rents from any such reletting and apply the same first to the payment of the expenses cost of re-entryany repairs to the leased premises; fourth, 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 of residue shall operate only as an offsetting credit against the amount of Rent as the same theretofore became or thereafter becomes Minimum Annual Rental due and payable unpaid hereunder, but ; and the use of such offsetting credit to reduce the amount of Rent due Landlordresidue, 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 deemed due at the times provided in this Lease, and Landlord need not wait until the termination of this Lease to give recover them by legal action or in any other manner. If Landlord relets the leased premises or any portion thereof, such reletting shall not relieve Tenant of any rightobligation hereunder, title except that Landlord shall apply the rent or interest other proceeds 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 or its own name, and the Tenant thereunder shall be under no obligation to such excess or residue and see to the application by Landlord of any proceeds to Tenant, nor shall Tenant have any right to collect any such excess or residue proceeds. Landlord shall belong solely to Landlord. No such not by any re-entry or repossession, repairs, alterations and additionsother act be deemed to have accepted any surrender by Tenant of the leased premises or Tenant's interest therein, or be deemed to have terminated this Lease, or to have relieved Tenant of any obligation hereunder, unless Landlord shall have given Tenant express written notice of Landlord's election to do so as set forth herein. Notwithstanding any reletting shall be construed as an eviction or ouster by Landlord because of any default by Tenant, an election on Landlord's part without termination of this Lease, Landlord may at any time after such reletting elect 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, sue xxx recover judgment for any deficiencies remaining after the application of the proceeds of any such relettingdefault.