|
r
<br /> a:
<br /> un:tenantable, then this Lease shall continue, but Rent shall be abated in proportion to the space within the
<br /> 'Premises that was rendered unusable. Landlord shall be entitled to thefull amount of any condemnation
<br /> pi weeds, except to the extent of any separate award that may be made to Tenant,provided that such separate
<br /> award does not,dirninish the amount made to Landlord.
<br /> ndIord s ,emedl
<br /> ecrp►n 1�., : men t+� ,ef"a. t. � ,rt"
<br /> Tenant"s +_ ,�`,Def, ult., Any one of-the:following shall be deemed to be an
<br /> "Event of efaau&': a Tonant's failure to pay-any.monetary amount on the date due;( with respect t to a non.
<br /> monetary default tinder this Lease net otherwise addressed in this Section, failure of Tenant to cure the same
<br /> within fifteen i days ofLandlord-'s delivery of notice of stxh default or such,longer period which,by the
<br /> nature of such d+efautt, inay be necessary, provided Tenant shall have commenced the curing of such def wit
<br /> within ten days of delivery of such default notice and ,shall be di�l%gently prosecuting the same to completion,
<br /> but in no event shall the cure period, iin, luding such extended cure period, exceed a total of fbay five (45)
<br /> days),- c the commencement of any bankruptcy, insolvency, receivership or similar type of proceeding with
<br /> respect to either Tenant or Gu r ntor; d breach y the Tenant, after the Connenceinent Date, of its
<br /> obligations ations under Section 5.2 of this Lease for more than two 2 days in one year,, or for more than an
<br /> aggregate of five, such days dur..ing the Term hereof, or, without limiting the foregoing, if Tenant should
<br /> aandon the Promise&
<br /> t' n f itL—andlods.Ronwdies. Upon the'occurrenco of any;went of Defaults Landlord
<br /> shall have the right to exercise any one or.mDre or th.+ --allowing remedies: ,a upon such advance wtitten
<br /> notice as may be required by law,Landlord may terminate this Lease,effective at such time as may be specified
<br /> by:notice to Tenant and:xecoverr possession oft lie Premises from-Tenant but,notwithstanding such termination,
<br /> Tenant shall remau liable for any previously unpaid Rent and any other lasses that Landlord m4y stiffer b
<br /> reason of"sadh Event of Default, including without limitation the unamor zed cast of perf6rming the Landlord
<br /> Work and of:enteldng into this Lease (collectively, -the foregoing losses and damages are referred to as the
<br /> ,,Cu"rrrent l arna es"I as well as the difference, discounted to present value at the prime rate, of all future Rent
<br /> Mi ctuding Percentage Rent) over the ammint net of reasonably;anticipated relettlrrg costs) that Landlord can
<br /> reasonably expect to obtain from reletting for the same.period,as reasonable determined.by Landlord.;(b)upon
<br /> such advance written notice as may be required by law,Landlord may terminate Tenant's tight to possession of
<br /> the premises.without t+ertxrhiating this Lease, and, in addition to collecting f om Tenant the Current Damages,
<br /> thereafter brag separate actions against Tenant from tune to time to collect.any one or more future delinquent
<br /> installments ,or payments of Rent due under this Lease, such {collections to be offset by the amount (net of
<br /> rreletti g costs) that 'Landlord actually collects =from► any replacement tenant (Landlord. shall use reasonable.
<br /> efforts to relet the p`re .ises;however,Landlord shall not be obligated,to relet the Premises before leasing other
<br /> portions of the Shopping Center or Landlord's.other building ,and Landlord shall only e obligated to relet theP'r+em.ises.on commercially terns reasonable and conditions; furthermore the excess if any, of such net ant
<br /> born replacement tenants over the Rent due hereunder shall belong to Landlord); o Landlord may perform any
<br /> act or pay any sum, the nonpoi ormance or nonpayment of which is or would be an Event of Default, and I
<br /> r
<br /> Tenant shall reimburse Landlord upon demand for•any cost or expense incurred by.Landlord in performing,such
<br /> act or p.aying.such sum,
<br /> a
<br /> 8
<br />
|