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8.1. SR 03-21-2016
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8.1. SR 03-21-2016
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(iv) For all expenses incurred in releasing the Premises including, without <br />limitation, costs for leasing commissions, remodeling and fixturing, which <br />will be payable by Tenant as they are incurred by Landlord; and <br />(v) While the Premises are subject to any new lease or leases for the amount <br />by which the monthly installments payable under such new lease or leases <br />is less than the Monthly Rent and Additional Rent payable pursuant to this <br />Lease, which deficiencies will be payable monthly. <br />(b) Notwithstanding Landlord's initial election to terminate Tenant's right to <br />possession only, Landlord, at any time thereafter, may elect to terminate this Lease, and <br />Landlord may, in addition to other remedies available at law or in equity, recover from Tenant, <br />and Tenant agrees to pay, all direct, indirect and consequential damages suffered or incurred by <br />Landlord allowed by law by reason of the Event of Default, plus all expenses incurred by <br />Landlord as a result of the Event of Default including, without limitation, leasing commissions, <br />Tenant Improvement costs and attorneys' fees. Tenant acknowledges that as part of such claim, <br />Landlord will seek to recover from Tenant all Rent and other amounts which otherwise would <br />have been payable from the date of the termination of the Lease through the expiration of the <br />Term, subject to such adjustments and deductions as required by law. Landlord acknowledges <br />that if Landlord elects to terminate the Lease pursuant to this Section 112(b), then Landlord will <br />be obligated to use reasonable efforts to mitigate any damages suffered by Landlord which result <br />from the Event of Default. <br />Such amounts will be due to Landlord at the time Landlord makes said election. <br />(c) Landlord may terminate this Lease with respect to any or all of the Premises, and <br />no agreement accepting a surrender of any or all of the Premises shall be valid unless the same <br />be made in writing and executed by Landlord. <br />(d) Landlord may enforce the provisions of this Lease and may enforce and protect <br />the rights of Landlord hereunder by a suit or suits in equity or at law for the specific performance <br />of any covenant or agreement contained herein, and for the enforcement of any other appropriate <br />legal or equitable remedy, including, without limitation, injunctive relief, and for recovery of all <br />monies due or to become due from Tenant under any of the provisions of this Lease. <br />(e) Landlord may perform, at Tenant's expense, the covenants of Tenant which have <br />given rise to the Event of Default. <br />(f) Landlord may demand that Tenant, and Tenant shall upon the written demand of <br />Landlord, return the Premises promptly to Landlord in the manner and condition required by this <br />Lease, and Landlord shall not be liable for the reimbursement of Tenant for any costs and <br />expenses incurred by Tenant in connection therewith. <br />(g) Landlord may exercise any other right or remedy that may be available to it under <br />Applicable Laws or in equity, or proceed by appropriate court action (legal or equitable) to <br />enforce the terms hereof or to recover damages for the breach hereof. Separate suits may be <br />16 <br />
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