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(02) Reenter and take possession of the Leasehold Property without terminating this Lease <br />Agreement or the leasehold estate created in this Lease Agreement, sublease the Leasehold <br />Property, the Improvements (and any other improvements thereon) for the account of Lessee, <br />holding Lessee liable for any deficiency in rents; <br /> <br />(03) Cure any default by Lessee pursuant to any mortgage approved by Lessor pursuant <br />to this Lease Agreement and charge any sums paid in connection with curing such default as <br />Additional Rent payable by Lessee; or <br /> <br />(04) Take whatever action at law or in equity may appear necessary or appropriate to <br />collect rental payments or Additional Rent due under this Lease Agreement, or to obtain <br />performance and observance of any obligation, agreement or covenant to be performed by <br />Lessee under this Lease Agreement. <br /> <br /> 12.3) Exercise of Remedies - No remedy herein conferred upon or reserved to Lessor is <br />intended to be exclusive of any other available remedy or remedies, but each and every such remedy <br />shall be cumulative and shall be in addition to every other remedy given under this Lease Agreement <br />or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any <br />remedy shall be construed to be a waiver of the right to exercise such remedy. No waiver of the right <br />to exercise any particular remedy shall be construed to be a waiver of the right to exercise any other <br />remedy. No waiver of the exercise of all remedies with respect to an Event of Default shall be <br />construed to be a waiver of any remedies with respect to any other Event of Default. <br /> <br />ARTICLE 13. <br /> <br />SURRENDER <br /> <br /> 13.1) Surrender - Except as is herein otherwise provided, Lessee shall on the last day of the <br />Term or upon any earlier termination of this Lease Agreement, surrender and deliver up the <br />Leasehold Property and the Improvements to the possession and use of Lessor without delay and in <br />good order, condition and repair, except for reasonable wear and tear after the last necessary repair, <br />replacement, restoration or renewal made by Lessee, pursuant to its obligations hereunder, free and <br />clear of all lettings and occupancies other than subleases then terminable at the option of the lessor <br />thereof, and free and clear of all liens and encumbrances other than those, if any, presently existing <br />or created or suffered by Lessor, without any payment or allowance whatever by Lessor on account <br />of any improvements which may be on the Leasehold Property. <br /> <br />(01) Where furnished by or at the expense of Lessee or any subtenant, furniture, trade <br />fixtures and business equipment may be removed by Lessee at or prior to the termination of <br />this Lease Agreement or by such subtenant at or prior to the termination of its s~blease, <br />provided, however, that the removal thereof will not injure the Leasehold Property or the <br />Improvements or necessitate changes in or repairs to the same. Lessee shall pay or cause to <br />be paid to Lessor the cost of repairing any damage arising from such removal and restoration <br />of the Leasehold Property and Improvements to their condition prior to such removal. <br /> <br />BURNIS 566679.3 17 of 22 <br /> <br /> <br />