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or to the Premises, remove (and repair any damage caused by such removal) and store (or dispose of)
<br />any of Tenant's personal property, equipment, fixtures, and anything else that Tenant is required
<br />(under this lease) to remove but does not remove, and Owner may also renovate the Premises to the
<br />extent deemed by Owner necessary or desirable in connection with any such attempt to relet. Tenant
<br />shall upon demand, pay the cost of such repairs, alterations, additions, removal, storage and rerm
<br />vation, together with any attorneys' fees, brokers' commission (or finders' fees) and any other
<br />expenses incurred by Owner in regaining possession of an attempting to relet the Premises. If Owner
<br />is able to relet the Premises for Tenant's account during any regaining portion of the term of this
<br />Vase and if the consideration collected by Owner from any reletting is not sufficient to pay
<br />monthly the full amount of the rent payable by Tenant under this le se, together with any attorneys'
<br />fees, brokers" commissions (or finders' fees), any costs for repairs, alterations, additions and
<br />renovations, and any other costs and expenses incurred by Owner in regaining possession of and
<br />reletting the Premises, Tenant shall pay to Owner the amount of each monthly deficiency upon demand.
<br />Any rentals received by Owner from any such reletting shall be applied as follows: first, to the
<br />payment of any indebtedness other than rent due hereunder from Tenant to Owner; second, to the pay-
<br />ment of any cost of regaining possession of and reletting the Premises; third, to the payment of the
<br />cost of any such alterations, repairs, additions and renovations to the Premises; fourth, to the
<br />payment of rent due and unpaid under this lease, and the residual, if any, shall be held by Owner
<br />and applied as payment of future rent as the same may become due and payable hereunder.
<br />4. If Tenant violates any of the terms or provisions of this lease or defaults in any of its
<br />obligations hereunder, other than the payment of rent or other sums payable hereunder, such viol—
<br />tion may be restrained or such obligation enforced by injunction.
<br />5. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other
<br />remedies herein provided or any other remedies provided at law or in equity.
<br />b. No act or thing done by Owner or its agents during the term hereof shall be deemed a. accep-
<br />tance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall
<br />be valid unless made in writing and signed by Owner. Neither the reference in this lease to any
<br />particular remedy nor the pursuit of any particular remedy shall preclude Owner from any other
<br />remedy, Owner might have, either at law or in equity.
<br />7. 13bthing herein shall be deemed to affect the right of Owner under Article 14 of this lease
<br />to indamiification for any liability, attorneys' fees and related expenses.
<br />ARTICLE 21. CASUALTY UkdAM.
<br />In the event of any damage to the Premises, Tenant shall promptly notify Owner in writing. If the
<br />Premises or any other part of the Property are damaged by fire or other casualty, the damage shall
<br />be repaired by and at the expense of the owner, unless this Ipase is terminated as provided in this
<br />Article. Until such repairs are completed, the rent shall be abated in proportion to the part of
<br />the premises which is unusable by Tenant in the conduct of its business and the length of time that
<br />such condition persists; haver, there shall be no abatement of rent by reason of the Premises (or
<br />any portion thereof) being unusable for a period of five days or less. If the damage is due to the
<br />fault or neglect of Tenant or any subtenant of Tenant, or any of their agents, employees, servants,
<br />or invitees, there shall be no abatement of rent. Nor shall there be any abatement of rent on
<br />account of damage to the Building or any other part of the Property unless it includes damage to the
<br />Premises or prevents access to the Premises. Access to the Premises shall not be deemed prevented
<br />if Tenant is precluded from using any portion of the parking areas on the Property on account of
<br />damage to same.
<br />If the damage is not covered by Owners fire and extended coverage insurance, if the Building is
<br />damaged to the extent of more than one-third of (groat Owner in good faith determines to be) its then
<br />replacement cost, or if Owner has decided in good faith that the required repairs cannot be made
<br />within 120 days after the occurrence of such damage without the payment of overtime or other pre-
<br />miums, then Omer may, by written notice to Tenant within 30 days of the damage, terminate this
<br />lease as of the date of the occurrence of such damage. If (as reasonably determined by Tenant) the
<br />Premises have been rendered inaccessible or untenantable by such damage, Tenant may, by written
<br />notice to Owner within 30 days of the damage, elect to terminate this lease as of the date of occur-
<br />rence of such damage. However, Tenant's election to terminate this Lease shall be ineffective if
<br />Owner, within 30 days of its receipt of Tenant's election, notifies Tenant in writing that Owner has
<br />decided in good faith that the Premises can be made accessible and tenantable within 120 days of
<br />Owner's receipt of Tenant's election. If neither Owner nor Tenant terminate this Lease as provided
<br />MAR 1988
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