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the right to immediate recovery of all such amounts, subject to reduction for all sums received by Landlord as a consequence of its
<br /> reasonable mitigation efforts. In addition, Landlord shall have the right,from time to time,to recover from Tenant,and Tenant shall
<br /> remain liable for,any and all other sums thereafter accruing as they become due under this Lease during the period from the date of such
<br /> notice of termination of possession to the stated end of the Lease Term. In any such case, Landlord may re-let the Premises or parts
<br /> thereof to the account of Tenant for such rental,for such time(which may be for a term extending beyond the Lease Term)and upon
<br /> such terms as Landlord,in its reasonable discretion,shall determine. Also,in any such case,Landlord may make repairs,alterations and
<br /> additions in or to the Premises and redecorate the same to the extent deemed by Landlord reasonably necessary or desirable and in
<br /> connection therewith change the locks to the Premises,and Tenant shall upon demand pay the cost thereof together with Landlord's
<br /> reasonable and necessary expenses of re-letting. Landlord may collect the rents from any such re-letting and apply the same first to the
<br /> payment of the expenses of re-entry, repairs,the costs associated with return of the Premises to the basic shell condition as initially
<br /> provided by Landlord and described in Exhibit A,and the expenses of re-letting,and second to the payment of Rent herein provided to be
<br /> paid by Tenant and any excess or residue shall operate only as an offsetting credit against the amount of Rent as the same thereafter
<br /> becomes due and payable hereunder,but the use of such offsetting credit to reduce the amount of Rent due by Tenant,if any,shall not
<br /> be deemed to give Tenant any right, title or interest in or to such excess or residue and any such excess or residue shall belong to
<br /> Landlord solely;provided that in no event shall Tenant be entitled to a credit on its indebtedness to Landlord,in excess of the aggregate
<br /> sum(including Rent and CAM)which would have been paid by Tenant for the period for which the credit to Tenant is being determined,
<br /> had no Default occurred. No such re-entry or repossession, repairs, alterations and additions, or re-letting shall be construed as an
<br /> eviction or ouster of Tenant or as an election on Landlord's part to terminate this Lease unless a written notice of such intention be given
<br /> to Tenant nor shall operate to release Tenant in whole or in part from any of Tenant's obligations hereunder;and Landlord may,at any
<br /> time and from time to time,sue and recover judgment for any deficiencies from time to time remaining after the application,from time to
<br /> time,of the proceeds of any such re-letting.
<br /> SECTION 11.5. TERMINATION OF LEASE. If this Lease is terminated by Landlord as provided for by subparagraph(a)of Section
<br /> 11.2,Landlord shall be entitled to recover from Tenant all the fixed dollar amounts of Rent and CAM accrued and unpaid for the period up
<br /> to and including such termination date,as well as all other additional sums payable by Tenant,or for which Tenant is liable or in respect
<br /> of which Tenant has agreed to indemnify Landlord under any of the provisions of this Lease,which may be then owing and unpaid,and all
<br /> costs and expenses, including court costs and attorneys' fees incurred by Landlord in the enforcement of its rights and remedies
<br /> hereunder,and in addition Landlord shall be entitled to recover as damages for loss of the bargain and not as a penalty(a)the aggregate
<br /> sum which at the time of such termination represents the excess,if any of the present value of the aggregate Rent and CAM at the same
<br /> monthly rate for the remainder of the Lease Term as then in effect pursuant to the applicable provisions of Lease,over the then present
<br /> value of the then aggregate fair rental value for the Premises for the balance of the Lease Term,such present worth to be computed in
<br /> which case on the basis of a three percent(3%)per annum discount from the respective dates upon which such rentals have been payable
<br /> hereunder had this Lease not been terminated;and(b)any damages in addition thereto,including reasonable attorneys'fees and court
<br /> costs,which Landlord shall have sustained by reason of the breach of any of the covenants of this Lease other than for the payment of
<br /> Rent and CAM.
<br /> SECTION 11.6. PROPERTY. All property removed from the Premises by Landlord pursuant to any provisions of this Lease or of
<br /> law may be handled,removed or stored by Landlord at the cost and expense of Tenant,and Landlord shall in no event be responsible for
<br /> the value,preservation,or safekeeping thereof. Tenant shall pay Landlord for all expenses incurred by Landlord's exercise of control over
<br /> Tenant's property. All property not removed from the Premises or retaken from storage by Tenant within thirty(30)days after the end of
<br /> the Lease Term,however terminated,shall be conclusively deemed to have been conveyed by Tenant to Landlord as by bill of sale without
<br /> further payment or credit by Landlord to Tenant,and Landlord may dispose of the same in its discretion by selling or discarding the same
<br /> or using the same for its own purposes,and Tenant hereby releases all claim whatsoever to such property.
<br /> SECTION 11.7. EXPENSES. Tenant shall pay all of the costs, charges and expenses, including court costs and reasonable
<br /> attorneys'fees,incurred by Landlord in enforcing Landlord's rights under this Lease or incurred by Landlord in any litigation,negotiation
<br /> or transactions relating to,or arising out of,this Lease in which Landlord,without fault,becomes involved or concerned. Landlord shall
<br /> pay all of the costs,charges and expenses,including court costs and reasonable attorneys'fees,incurred by Tenant in enforcing Tenant's
<br /> rights under this Lease or incurred by Tenant in any litigation,negotiation or transactions relating to,or arising out of,this Lease in which
<br /> Tenant,without fault,becomes involved or concerned.
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