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Tenant shall remain liable for any previously unpaid Rent and any other losses that Landlord may suffer by reason
<br /> ormMg the Landlord Work and
<br /> ofs'uch Event of Default including without limitation the unamort'zed cost of perf
<br /> of entering into this Lease, if any (collectively,, the foregoing losses and damages are referred to as the "Current
<br /> Damages"), as well as the difference, discounted to present value at the prime rate, of all future Rent(including
<br /> Percentage,Rent reasonably estimated based on Percentage Rent paid 'in prior years as described below) over the
<br /> amount(net of reasonably anticipated reletting costs)that Landlord can reasonably expect to obtain from reletting
<br /> for the same period, as reasonably determined by Landlord; (b) upon such advance written notice as may be
<br /> I I in in is
<br /> required by law, Landlord may terminate Tenant's right to possession of the Premises without term* at" g th
<br /> Lease, and, in addition to collecting from Tenant the Current Damages, thereafter bring separate act-ions against
<br /> Tenant from time to time to collect any one or more future delinquent installments or payments of'Rent due under
<br /> this Lease,, such collections to be offset by the amount(net of reletting costs)that Landlord actually collects from
<br /> any replacement tenant(Landlord shall use reasonable efforts to relet the Premises; however, Landlord s,hall-not
<br /> be obligated to relet the Premises before leasing other portions of the property or Landlord's other buildings, and
<br /> Landlord shall only be obligated to relet the Premises -on commercially reasonable terms and conditions-,
<br /> furthermore,the excess,if any,of such net rent from replacement tenants over the Rent due hereunder shall belong
<br /> to Landlord); (c)Landlord may perform any act or pay any surn,the nonperformance or nonpayment of which is
<br /> or would be an Event of Default, and Tenant shall reimburse Landlord upon demand for any cost or expense
<br /> incurred by Landlord in performing such act or paying such sum.
<br /> Exercise of any of the foregoing remedies shall not prevent the concurrent or subsequent exercise of any
<br /> other remedy provided for herein or otherwise available to Landlord at law or in equity. In any action to enforce
<br /> I ing
<br /> any pjovision of this Lease, Landlord shall be entitled to recover all reasonable'costs and expenses, 'nclud*
<br /> reasonable attorneys' fees, 'Incurred 'in connection with such action. Exercise by Landlord of any one or more
<br /> remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of the
<br /> Premises by Tenant,whether by agreement or by operation of law, it being understood that such surrender can be
<br /> effected only by the written agreement of Landlord and Tenant. For the purposes of this Section, 'it shall be
<br /> deemed that Percentage Rent,for any period after any such default and entry by Landlord,would have been at a
<br /> monthly rate thereafter equal, to the average monthly Percentage Rent which Tenant was obligated to pay to
<br /> Landlord under this Lease either: (i)-fi-om the commencement hereof to the date of such default; or(ii) during the
<br /> last three(3)years prior to the date of such default,whichever 'is the greater.
<br /> Section 10.3. Landlord's Event of Default, Landlord shall not be in an(C event of default" in the
<br /> performance of any of Landlord's obligations hereunder unless and until Landlord shall have failed to perform
<br /> such obligations, within sixty (60) days (or such additional time as is reasonably required to correct any such
<br /> failure to perfonn) after written notice by Tenant to Landlord properly specifying wherein Landlord has failed to
<br /> perform any such obligation. In no event whatsoever shall any such failure to perform or,"event of default" of
<br /> Landlord entitle Tenant to termin�te this Lease, or set off or withhold Rent, it being understood and agreed that
<br /> the covenants of Tenant and Landlord are '"Independent of one another, notwithstanding any caselaw to the
<br /> contrary, and therefore Tenant's sole and exclusive remedy shall, be to bring a suit for money damages against
<br /> Landlord.
<br /> Section 11. Subordination, Tenant hereby agrees,that this Lease and all,of Tenant's right,title and
<br /> I ises
<br /> interest hereunder sh I be subject, subordinate and inferior to the lien of any and all mortgages of the Prem*
<br /> now on or hereafter to be placed on the Premises, and to any and all terms and conditions thereof The
<br /> subordination of this Lease to any such mortgage shall be automatic and self-operative,and no special instrument
<br /> of subordination shall be necessary. Without limiting the forego�m" g, if Landlord requests that Tenant execute any
<br /> document evidencing such subordination then Tenant shall do so within ten (10) days of such request, and any
<br /> breach of such obligation shall be an automatic Event of Default hereunder, provided that any such instrument
<br /> shall provide for non-disturbance of Tenant upon Tenant's compliance with the terms of this Lease, including
<br /> payment of Rent. Tenant agrees,that upon.request by Landlord,it will execute such amendments to this Lease as
<br /> Landlord's lender may reasonably req.uire,provided hereunder no change shall be made to the Rent, the Term of
<br /> the Lease, Tenant's Pro-rata Share or description of Premises. Landlord shall use reasonable efforts to obtain a
<br /> non-disturbance and attornment agreement with Landlord's mortgagee.
<br /> commercially reasonable subordination,
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