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410 the rent due under this Lease; all without being liable to Tenant for any damages or to any <br /> prosecution therefor; and <br /> (i) As agent of Tenant to relet the Premises or any part thereof for the <br /> balance of the Lease term or for a shorter or longer term and receive <br /> the rents therefor, applying them first to the payment of the expense <br /> of such reletting and, second, to the payment of damages suffered to <br /> the Premises and rents due and to become due under this Lease, <br /> Tenant remaining liable for and hereby agreeing to pay Landlord any <br /> deficiency; or <br /> (ii) To cancel and terminate the remaining term of this Lease, re-enter <br /> and take possession of the Premises free of this Lease and thereafter <br /> this Lease shall be null and void and the rents in such case shall be <br /> apportioned and paid on and up to the date of such entry. Thereafter <br /> both parties shall be released and relieved from and of any and all <br /> obligations thereafter to accrue hereunder. Tenant shall be liable for <br /> all loss and damage resulting from such breach or default; or <br /> (iii) To treat such default as an anticipatory breach of this Lease and, as <br /> liquidated damages for such default, be entitled to the difference, if <br /> any, between the sum which, at the time of such termination for <br /> anticipatory breach represents the then present worth (computed at <br /> seven percent per year) of the excess aggregate rents and additional <br /> rents payable hereunder that would have accrued over the balance of <br /> the Lease term (including extensions) that the Lease would have run <br /> had it not been prematurely terminated. <br /> 21.02 Landlord's Rights to Cure. Landlord may, but shall not be obligated to, cure any <br /> default by Tenant (specifically including, but not by way of limitation, Tenant's failure to obtain <br /> insurance, make repairs, or satisfy lien claims); and whenever Landlord so elects, all costs and <br /> expenses paid by Landlord in curing such default, including without limitation reasonable <br /> attorney's fees, shall be so much Additional Rent due on demand, together with interest at the <br /> highest rate then payable by Tenant in the state in which the Premises are located, or in the <br /> absence of such a maximum rate at the rate of eighteen percent (18%) per annum, from the date <br /> of the advance to the date of repayment by Tenant to Landlord. <br /> 21.03 Remedies Cumulative. All rights and remedies provided in this Lease for Landlord's <br /> protection shall be cumulative and in addition to any other rights and remedies provided by law. <br /> Landlord shall be entitled to recover from Tenant its reasonable attorneys' fees incurred in <br /> enforcing its rights hereunder. <br /> 21.04 No Waiver. No waiver by Landlord of a breach or default by Tenant under the terms <br /> and conditions of this Lease shall be construed to be a waiver of any subsequent breach or <br /> • default, nor of any other term or condition of this Lease, and the failure of Landlord to assert any <br /> breach or to declare a default by Tenant shall not be construed to constitute unremedied. <br /> 12 <br />