Laserfiche WebLink
M Tennination of Possessory Rights. Landlord may terminate Tenant's rights to possession of the <br />Premises without terminating this Lease or Tenant's obligations hereunder and Tenant shall continue to be obligated <br />to pay all Base Rent and Additional Rent which then remains due to Landlord but unpaid by Tenant and Tenant shall <br />continue to be obligated for future Base Rent and Additional Rent as the same comes due under this Lease. <br />(d) Acceleration of Rent. Landlord may, whether it terminates the Lease or Tenant's possessory <br />rights to the Premises, accelerate and declare immediately due all of the Base Rent and Additional Rent (as <br />reasonably estimated by Landlord) that otherwise would have been due from the date of the Event of Default <br />through the stated expiration date of the Initial Term or any Extended Term, the option for which has been <br />exercised. <br />(e) Rent Minus Fair Market Value. Landlord may declare immediately due and payable from Tenant, <br />in addition to any damages or other amounts becoming due from Tenant under any other provision of this Lease, an <br />amount equal to the difference between the Base Rent and Additional Rent reserved in this Lease from the date of <br />the Event of Default through the stated expiration date of the Initial Term or any Extended Term, the option for <br />which has been exercised, and the then -fair market value of the Premises for the same period. <br />(f) Other Remedies. Pursue any legal or equitable remedy allowed by applicable laws of the State. <br />11.3. Failure to Surrender. If Tenant fails to surrender the Premises upon expiration of the Term or <br />earlier termination of the Lease pursuant to Section 11.2(b), or termination of Tenant's possession rights, the <br />provisions of Section 3.3 shall apply, and Landlord may, without further notice and with or without process of law, <br />enter upon and re -enter the Premises and possess and repossess itself thereof, by force, summary proceedings, <br />ejectment or otherwise, and may dispossess Tenant and remove Tenant and all other persons and property from the <br />Premises and may have, hold and enjoy the Premises and the right to receive all rental and other income of and from <br />the same. <br />11.4. Reimbursement of Landlord's Costs in Exercising Remedies. Landlord may recover from Tenant, <br />and Tenant shall pay to Landlord upon demand, such reasonable and actual costs and expenses as Landlord may <br />incur in recovering possession of the Premises, placing the same in good order and condition and repairing and <br />altering the same for reletting, and all other reasonable and actual costs and expenses, commissions and charges <br />incurred by Landlord in reletting and otherwise exercising any remedy provided herein or as a result of any Event of <br />Default by Tenant hereunder (including, without limitation, reasonable attorneys' fees). <br />11.5. Remedies Are Cumulative. No right or remedy herein conferred upon or reserved to Landlord is <br />intended to be exclusive of any other right or remedy herein or by law provided, but each shall be cumulative and in <br />addition to every other right or remedy given herein or now or hereafter existing at law or in equity or by statute. <br />11.6. Counterclaim. If Landlord commences any proceedings for non payment of Rent, Tenant will not <br />interpose any counterclaim of any nature or description in such proceedings. This shall not, however, be construed <br />as a waiver of Tenant's right to assert such claims in a separate action brought by Tenant. The covenants to pay Rent <br />and other amounts due hereunder are independent covenants and Tenant shall have no right to hold back, offset or <br />fail to pay any such amounts for any reason whatsoever, except as may be specifically provided for herein to the <br />contrary, it being understood and acknowledged by Tenant that Tenant's only recourse is to seek an independent <br />action against Landlord. <br />11.7. Bankruptcv. <br />(a) Assumption of Lease. In the event that Tenant shall become a Debtor under Chapter 7 of the <br />United States Bankruptcy Code (the "Code') or a petition for reorganization or adjustment of debts is filed <br />concerning Tenant under Chapters 11 or 13 of the Code, or a proceeding is filed under Chapter 7 and is transferred <br />to Chapters 11 or 13, the Trustee or Tenant, as Debtor and as Debtor In- Possession, may not elect to assume this <br />Lease unless, at the time of such assumption, the Trustee or Tenant has: <br />Cured or provided Landlord "Adequate Assurance," as defined below, that: <br />