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6.0. EDSR 02-10-1997
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6.0. EDSR 02-10-1997
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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 /> 21.05 No Reinstatement. No receipt of money by Landlord from Tenant after the expiration <br /> or termination of this Lease or after the service of any notice or after the commencement of any <br /> suit, or after final judgment for possession of the Premises shall reinstate, continue or extend the <br /> Term of this Lease or affect any such notice, demand or suit. <br /> 21.06 Default Under Other Leases. A default under this Lease shall, at Landlord's option, be <br /> deemed a default under any other leases between Landlord and Tenant for space in the Building. <br /> Likewise, a default under any other such lease between Landlord and Tenant shall, at Landlord's <br /> option, be deemed a default under this Lease. <br /> ARTICLE XXII. - DEFINITION OF LANDLORD <br /> • 22.01 Landlord Means Owner. The term "Landlord" as used in this Lease, so far as <br /> 13 <br />
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