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from Tenant, but the use of such offsetting credit to reduce the amount of Rent due Landlord, if <br />any, shall not be deemed to give Tenant any right, title or interest in or to such excess or residue <br />and any such excess or residue shall belong to Landlord solely. In no event shall Tenant be <br />entitled to a credit on its indebtedness to Landlord in excess of the aggregate which would have <br />been paid by Tenant for the period for which the credit to Tenant is being determined had no <br />Event of Default occurred. No such re-entry, repossession, decorations, repairs, alterations, <br />additions or reletting shall be construed as an eviction or ouster of Tenant or as an election on <br />Landlord's part to terminate this Lease, unless a written notice of such intention is given to <br />Tenant, nor shall same operate to release Tenant, in whole or in part, from any of Tenant's <br />obligations hereunder, and Landlord may, at any time and from time to time, sue and recover <br />judgment for any deficiencies from time to time remaining after the application from time to <br />time of the proceeds of any such reletting. In no event shall Landlord be entitled to collect Rent <br />or other charges from Tenant prior to the date the same is due and payable under the terms of this <br />Lease. <br />11.5 Bankruptcy. <br />(a) In the event a petition is filed by or against Tenant under the federal bankruptcy <br />laws now in effect or as amended from time to time (the "Bankruptcy Code"), Tenant, as <br />debtor or debtor in possession, and any trustee who may be appointed (for purposes of this <br />Section, collectively "Tenant"), agrees to adequately protect the Landlord's interest in the <br />Premises by doing each of the following after the order for relief: to timely perform each and <br />every obligation of Tenant under this Lease until such time as this Lease is either rejected or <br />assumed; (ii) to determine within sixty (60) days after filing of such petition, or within such <br />additional time as the bankruptcy court fixes, whether to assume or reject this Lease; (iii) to give <br />Landlord at least thirty (30) days prior written notice, unless a shorter notice period is agreed to <br />in writing by the parties, of any proceeding relating to any assumption or rejection of this Lease, <br />and (iv) to do all things of benefit to Landlord otherwise required by the Bankruptcy Code. <br />(b) If Tenant elects to reject this Lease subsequent to the filing of a petition under the <br />Bankruptcy Code, or if this Lease is otherwise rejected, Tenant shall immediately vacate and <br />surrender possession of the Premises. <br />(c) If Tenant elects to assume this Lease subsequent to the filing of a petition under <br />the Bankruptcy Code, Tenant agrees as follows unless the prior written consent of Landlord is <br />obtained: to cure each and every default for which cure is required for assumption under the <br />Bankruptcy Code within not more than ninety (90) days of assumption of this Lease; (ii) to <br />compensate Landlord for any loss resulting from any existing breach, including without <br />limitation, Landlord's reasonable costs, expenses and attorneys' fees incurred as a result of the <br />breach (but excluding any consequential damages), as determined by a court of competent <br />jurisdiction, within ninety (90) days of assumption of this Lease; (iii) in the event of an existing <br />breach, to provide adequate assurance of Tenant's future performance, including without <br />limitation: the production to Landlord and Mortgagee of written documentation establishing to <br />the reasonable satisfaction of Landlord and any Mortgagee that Tenant has sufficient present and <br />anticipated financial ability to perform each and every obligation of Tenant under this Lease and <br />assurances, in form reasonably acceptable to Landlord, as may be required under any applicable <br />110 <br />