Common use of Remedies for Tenant Default Clause in Contracts

Remedies for Tenant Default. Upon occurrence of an Event of Default by Tenant, Landlord shall have the right to the following remedies, which are intended to be alternative remedies and the sole remedies available to Landlord under this Lease exclusive of any other remedies provided under applicable law: 11.2.1 Landlord may at its option, and as its sole remedy therefore, terminate this Lease by written notice to Tenant and collect from Tenant, as liquidated damages (and not as a penalty) in lieu of and as full compensation for all other rights or claims of Landlord against Tenant by reason of such default: (a) an amount equal to any Rent due and owing or payable at the time of termination; (b) the Restoration Fee; (c) an amount equal to the costs actually and reasonably incurred by Landlord in the removal of any Tenant Alterations for which Landlord is otherwise authorized under this Lease to demand removal thereof by Tenant; (d) an amount equal to the costs actually and reasonably incurred by Landlord in performing the patching otherwise described as ▇▇▇▇▇▇’s responsibility in Section 12.1 of this Lease; (e) an amount equal to the costs, expenses, and fees authorized for reimbursement or collection from Tenant in Section 17.1 of this Lease actually and reasonably incurred by ▇▇▇▇▇▇▇▇; and (f) future rent for remainder of lease but not to exceed twelve (12) months’ rent. Landlord may sue periodically to recover the amounts described in this paragraph as they occur, and no action for accrued amounts shall bar a later action for amounts subsequently accruing; or Landlord may elect in any one action to recover accrued amounts. Upon Landlord’s exercise of the option set forth in this paragraph, this Lease shall terminate and the Parties shall be relieved of all further obligations and liabilities hereunder, except as expressly set forth herein. Tenant and Landlord acknowledge that the damages to Landlord resulting from ▇▇▇▇▇▇’s breach would be difficult, if not impossible, to ascertain with any accuracy, and that the liquidated damages amount set forth in this paragraph represent both Parties’ best efforts to approximate such potential damages. 11.2.2 In the alternative to the remedy provided in Section 11.2.1 of this Lease, Landlord may at its option, and as its sole remedy therefore but without waiving any right to subsequent alternative enforcement of this Lease, allow this Lease to continue and: (a) collect any Rent due and owing; and (b) make any payment or perform any obligation that Tenant has failed to perform as and when required under this Lease. All of Landlord's expenditures incurred to correct the failure to perform shall be reimbursed by Tenant upon demand with interest from the date of expenditure at the rate of one and one-half percent (1 ½%) per month. ▇▇▇▇▇▇▇▇'s right to correct ▇▇▇▇▇▇'s failure to perform is for the sole protection of Landlord and the existence of this right shall not release Tenant from the obligation to perform all the covenants herein required to be performed by ▇▇▇▇▇▇.

Remedies for Tenant Default. Upon the occurrence of an Event of Default of this Facility Lease by Tenant, Landlord shall have the right following rights and remedies in addition to the following remedies, which are intended to be alternative remedies and the sole any other rights or remedies available to Landlord under this Lease exclusive of any other remedies provided under applicable lawat law or in equity: 11.2.1 Landlord may at its option, and as its sole remedy therefore, terminate this Lease by written notice to Tenant and collect from Tenant, as liquidated damages (and not as a penalty) in lieu of and as full compensation for all other rights or claims of Landlord against Tenant by reason of such default: (a) an amount equal Landlord may terminate this Facility Lease and Tenant’s right to any possession of the Premises and recover unpaid Base Rent due and owing or payable other amounts which had been earned at the time of termination. Landlord may continue this Facility Lease in effect and enforce all of its rights and remedies under this Facility Lease, including the right to recover Rent as it becomes due, for so long as Landlord does not terminate Tenant’s right to possession; provided, however, if Landlord elects to exercise its remedies described in this Section 23.2(a) and Landlord does not terminate this Facility Lease, and if Tenant requests Landlord’s consent to an Assignment or Sublease at such time as there exists an uncured Event of Default, Landlord shall not unreasonably withhold its consent to such Assignment or Sublease. Acts of maintenance or preservation, efforts to relet the Premises or the appointment of a receiver upon Landlord’s initiative to protect its interest under this Facility Lease shall not constitute a termination of Tenant’s rights to possession.‌ (b) the Restoration Fee; (c) an amount equal The rights to the costs actually and reasonably incurred by Landlord in the removal of any Tenant Alterations for which Landlord is otherwise authorized under this Lease to demand removal thereof by cure Tenant; (d) an amount equal to the costs actually and reasonably incurred by Landlord in performing the patching otherwise described ’s default, at Tenant’s expense, as ▇▇▇▇▇▇’s responsibility in Section 12.1 of this Lease; (e) an amount equal to the costs, expenses, and fees authorized for reimbursement or collection from Tenant in Section 17.1 of this Lease actually and reasonably incurred by ▇▇▇▇▇▇▇▇; and (f) future rent for remainder of lease but not to exceed twelve (12) months’ rent. Landlord may sue periodically to recover the amounts described in this paragraph as they occur, and no action for accrued amounts shall bar a later action for amounts subsequently accruing; or Landlord may elect in any one action to recover accrued amounts. Upon Landlord’s exercise of the option set forth in this paragraph, this Lease shall terminate and the Parties shall be relieved of all further obligations and liabilities hereunder, except as expressly set forth herein. Tenant and Landlord acknowledge that the damages to Landlord resulting from ▇▇▇▇▇▇’s breach would be difficult, if not impossible, to ascertain with any accuracy, and that the liquidated damages amount set forth in this paragraph represent both Parties’ best efforts to approximate such potential damages. 11.2.2 In the alternative to the remedy provided in Section 11.2.1 of this Lease, Landlord may at its option, and as its sole remedy therefore but without waiving any right to subsequent alternative enforcement of this Lease, allow this Lease to continue and: (a) collect any Rent due and owing; and (b) make any payment or perform any obligation that Tenant has failed to perform as and when required under this Lease. All of Landlord's expenditures incurred to correct the failure to perform shall be reimbursed by Tenant upon demand with interest from the date of expenditure at the rate of one and one-half percent (1 ½%) per month. ▇▇▇▇▇▇▇▇'s right to correct ▇▇▇▇▇▇'s failure to perform is for the sole protection of Landlord and the existence of this right shall not release Tenant from the obligation to perform all the covenants herein required to be performed by ▇▇▇▇▇▇.in

Remedies for Tenant Default. Upon and after the occurrence of an any Event of Default pursuant to this Lease (and until cure of such Event of Default has been tendered by Tenant and accepted by Landlord), Landlord shall have all of the rights and remedies given to Master Landlord under the Master Lease that would apply in the event of a default by Landlord, as tenant, under the Master Lease, and all other remedies available under applicable Laws shall be available to Landlord hereunder, including without limitation all of the following to the extent not inconsistent with the terms of the Master Lease or applicable Laws: (a) The right to terminate this Lease and the interest and estate granted in the Premises hereby, by giving Tenant written notice of such termination (which shall be effective upon the later of the receipt of such notice or the date and time of termination specified therein). (b) In the event Landlord elects to terminate this Lease, the right to recover from Tenant: (i) The worth at the time of award of the unpaid rent earned at the date of such termination, (ii) The worth at the time of award of the amount by which the unpaid Rent which would have earned after the date of such termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided, (iii) The worth at the time of award of the amount by which the unpaid Rent which would have been earned for the balance of the Lease Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided, and (iv) Any other amount necessary to compensate Landlord for all of the detriment proximately caused by Tenant’s failure to observe or perform any of its obligations under this Lease or which in the ordinary course of events would be likely to result therefrom, including, without limitation, expenses incurred in reentering and taking possession of the Premises, costs incurred in cleaning and refitting the Premises for a new tenant and costs (including reasonable broker’s commissions) incurred in reletting the Premises. The “worth at the time of award” shall be computed, for purposes of clauses (1) and (2) above, by allowing interest at two percent over the prime or corporate reference rate announced from time to time by Bank of America, or, if lower, the maximum rate permitted by law during the period in question, and, for purposes of clause (3) above, by discounting such amount at the discount rate of the Federal Reserve Bank in the State in which the Premises are located in effect at the time of the award, plus one percent (1%). (c) The right to re-enter and repossess the Premises, and remove all persons and property therefrom, by any suitable action or proceeding without liability to Tenant or anybody claiming by, through or under Tenant. No such re-entry or repossession shall be deemed an election to terminate this lease, unless Landlord has given Tenant written notice of termination pursuant to subparagraph (a) above or such termination is otherwise decreed by a court of competent jurisdiction. Landlord may store any property removed from the Premises at Tenant’s expense and, if Tenant does not pay the cost of such removal and storage within the later of ten (10) days after written demand to Tenant therefor or thirty (30) days after the removal and storage of such property, Landlord may sell such property and apply the proceeds of such sale to the cost of such removal and storage and to any other amounts then owed Landlord hereunder. (d) Landlord has the remedy described in California Civil Code Section 1951.4 (Landlord may continue Lease in effect after Tenant’s breach and abandonment and recover Rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations). (e) Without terminating this Lease, Landlord shall have the right to relet the following remediesPremises or any part thereof, which are intended to be alternative remedies for Tenant’s account, but on such terms and the sole remedies available to conditions and at such rentals as Landlord under this Lease exclusive of any other remedies provided under applicable law: 11.2.1 Landlord may at its option, and as in its sole remedy thereforediscretion deems advisable, terminate this Lease with the right at Tenant’s expense to make such alterations and repairs in the Premises and to incur such other expenses as Landlord in its discretion deems necessary for such reletting. Rents and other sums received by written notice to Tenant and collect Landlord from Tenantany such reletting shall be applied: first, as liquidated damages (and not as a penalty) in lieu of and as full compensation for all other rights or claims of Landlord against Tenant by reason of such default: (a) an amount equal to any Rent due and owing or payable at the time of termination; (b) the Restoration Fee; (c) an amount equal to the costs actually and reasonably payment of expenses incurred by Landlord in reletting and repossessing the removal Premises and in the reletting thereof; second, to sums other than Rent then owed by Tenant to Landlord hereunder; third, to installments of Rent then owed Landlord hereunder; fourth, to future installments of Rent, as they become due; and, fifth, any balance to Tenant. If the rents and other revenues received by Landlord from any such reletting are insufficient to pay in full the amounts due Landlord hereunder (including, without limitation, reimbursement of the expenses of reentering, repossessing and reletting the Premises), Tenant Alterations for which Landlord is otherwise authorized under shall, upon demand and from time to time, pay the deficiency to Landlord. (f) Without terminating this Lease Lease, seek and obtain the appointment of a receiver to demand removal thereof by Tenant; (d) an amount equal take possession of the Premises, relet the same, collect and receive any Rents and other amounts payable to Tenant with respect to the costs actually Premises and reasonably incurred by Landlord apply such receipts, first, to the expenses of such receivership and, then, in performing the patching otherwise described as ▇▇▇▇▇▇’s responsibility in Section 12.1 of this Lease; accordance with subparagraph (e) an amount equal above. (g) To cure any default on the part of Tenant and to the costs, expenses, and fees authorized for reimbursement or collection recover from Tenant in Section 17.1 the cost of this Lease actually and reasonably incurred by ▇▇▇▇▇▇▇▇; and (f) future rent for remainder of lease but not to exceed twelve (12) months’ rent. Landlord may sue periodically to recover the amounts described in this paragraph as they occursuch cure, and no action for accrued amounts shall bar a later action for amounts subsequently accruing; or Landlord may elect in any one action to recover accrued amounts. Upon Landlord’s exercise of the option set forth in this paragraphupon demand, this Lease shall terminate and the Parties shall be relieved of all further obligations and liabilities hereunder, except as expressly set forth herein. Tenant and Landlord acknowledge that the damages to Landlord resulting from ▇▇▇▇▇▇’s breach would be difficult, if not impossible, to ascertain with any accuracy, and that the liquidated damages amount set forth in this paragraph represent both Parties’ best efforts to approximate such potential damages. 11.2.2 In the alternative to the remedy provided in Section 11.2.1 of this Lease, Landlord may at its option, and as its sole remedy therefore but without waiving any right to subsequent alternative enforcement of this Lease, allow this Lease to continue and: (a) collect any Rent due and owing; and (b) make any payment or perform any obligation that Tenant has failed to perform as and when required under this Lease. All of Landlord's expenditures incurred to correct the failure to perform shall be reimbursed by Tenant upon demand together with interest thereon from the date of expenditure paid at the an annual rate of one ten (10%) percent. Landlord’s cure of any default hereunder shall not be deemed to waive such default or any other Event of Default. (h) Any other right or remedy provided by law or in equity or in the Master Lease. The rights and one-half percent (1 ½%) per month. ▇▇▇▇▇▇▇▇'s right to correct ▇▇▇▇▇▇'s failure to perform is for the sole protection remedies of Landlord provided in this Lease are, to the maximum extent permitted by law, cumulative and the existence of this right shall not release Tenant from the obligation to perform all the covenants herein required to be performed by ▇▇▇▇▇▇mutually exclusive.

Remedies for Tenant Default. Upon In the event of the occurrence of an Event any of Default by Tenantthe events described in Section 18(a), Landlord shall have the right to Landlord, at its election, may exercise one or more of the following remediesoptions, which are intended to be alternative remedies and the sole remedies available to Landlord under this Lease exclusive exercise of any other remedies of which shall not be deemed to preclude the exercise of any others herein listed or otherwise provided under applicable lawby statute or general law at the same time or at subsequent times or actions: 11.2.1 Landlord may at its option, and as its sole remedy therefore, (i) terminate this Lease by giving Tenant written notice to Tenant and collect from Tenant, as liquidated damages (and not as a penalty) in lieu of and as full compensation for all other rights or claims of Landlord against Tenant by reason of such default: (a) an amount equal to any Rent due and owing or payable at the time of termination; (b) , in which event this Lease shall terminate on the Restoration Fee; (c) an amount equal date specified in such notice, to the costs actually and reasonably incurred by Landlord in the removal of any Tenant Alterations for which Landlord is otherwise authorized under this Lease to demand removal thereof by Tenant; (d) an amount equal to the costs actually and reasonably incurred by Landlord in performing the patching otherwise described as extent permitted LEASE – UTMB- ▇▇▇ ▇▇▇▇▇▇’s responsibility ▇ ▇▇▇#▇▇▇▇▇▇ – Doc# 3380565v1 by law, and all rights of Tenant under this Lease shall expire and terminate as of such date. Tenant shall remain liable for all obligations under this Lease up to the date of such termination and Tenant shall surrender the Premises to Landlord on the date specified in Section 12.1 such notice to the extent permitted by law; and if Tenant fails to so surrender, Landlord shall have the right, without notice, to enter upon and take possession of the Premises and to expel and remove Tenant and its effects without being liable for prosecution or any claim of damages therefor; (ii) terminate this Lease; Lease as provided in the immediately preceding subsection and recover from Tenant all damages Landlord may incur by reason of Tenant's default, including without limitation, the then present value (e) an amount discounted at a rate equal to the costs, expenses, and fees authorized for reimbursement or collection from Tenant in Section 17.1 then issued treasury ▇▇▇▇ having a maturity approximately equal to the remaining Term of this Lease actually had such default not occurred) of (i) the total Fixed Rent which would have been payable hereunder by Tenant for the period beginning with the day following the date of such termination and reasonably ending with the Expiration Date of the Term as originally scheduled hereunder, minus (ii) the aggregate reasonable rental value of the Premises for the same period (as determined by a real estate broker selected by Landlord, which broker must (a) be licensed in the state where the Premises is located, (b) have at least ten (10) years' experience immediately prior to the date in question in evaluating hospital space, and (c) be from a nationally recognized brokerage firm with experience in hospital transactions of similar size and nature to the subject Premises, and taking into account all relevant factors including, without limitation, the length of the remaining Term, the then current market conditions in the general area, the likelihood of reletting for a period equal to the remainder of the Term, net effective rates then being obtained by landlords for similar type space in similar buildings in the general area, vacancy levels in the general area, current levels of new construction in the general area and how that would affect vacancy and rental rates during the period equal to the remainder of the Term and inflation), plus (iii) the costs of recovering the Premises, and all other reasonable expenses incurred by Landlord due to Tenant's default, including, without limitation, (to the extent authorized by the Constitution and laws of the State of Texas) Attorneys' Fees, plus (iv) the unpaid Rent earned as of the date of termination, plus interest, all of which sum shall be immediately due and payable by Tenant to Landlord; (iii) without terminating this Lease, and without notice to Tenant, Landlord may in its own name, but as agent for Tenant enter into and take possession of the Premises and re-let the Premises, or any portion thereof, as agent of Tenant, upon any terms and conditions as Landlord may deem necessary or desirable (Landlord shall have no obligation to attempt to re-let the Premises or any part thereof except to the extent required by applicable law). Upon any such re-letting, all rentals received by Landlord from such re letting shall be applied first to the costs incurred by Landlord in accomplishing any such re-letting, and thereafter shall be applied to the Rent owed by Tenant to Landlord during the remainder of the Term of this Lease and Tenant shall pay any deficiency between the remaining Rent due hereunder and the amount received by such re-letting as and when due hereunder; LEASE – UTMB- ▇▇▇ ▇▇▇▇▇▇▇ ▇▇; and (f) future rent for remainder of lease but not to exceed twelve (12) months’ rent. Landlord may sue periodically to recover the amounts described in this paragraph as they occur, and no action for accrued amounts shall bar a later action for amounts subsequently accruing; or Landlord may elect in any one action to recover accrued amounts. Upon Landlord’s exercise of the option set forth in this paragraph, this Lease shall terminate and the Parties shall be relieved of all further obligations and liabilities hereunder, except as expressly set forth herein. Tenant and Landlord acknowledge that the damages to Landlord resulting from ▇#▇▇▇▇▇▇’s breach would be difficult, if not impossible, ▇ – Doc# 3380565v1 (iv) allow the Premises to ascertain with remain unoccupied (so long as Landlord satisfies any accuracy, duty established by applicable law to mitigate its damages) and collect Rent from Tenant as it becomes due; (v) assess a fee of $200.00 per day for every day that the liquidated damages amount set forth an Event of Default (other than an Event of Default under Section 18(a)(i) and Section 18(a)(xix)) remains uncured; or (vi) pursue such other remedies as are available at law or in this paragraph represent both Parties’ best efforts to approximate such potential damagesequity. 11.2.2 In the alternative to the remedy provided in Section 11.2.1 of this Lease, Landlord may at its option, and as its sole remedy therefore but without waiving any right to subsequent alternative enforcement of this Lease, allow this Lease to continue and: (a) collect any Rent due and owing; and (b) make any payment or perform any obligation that Tenant has failed to perform as and when required under this Lease. All of Landlord's expenditures incurred to correct the failure to perform shall be reimbursed by Tenant upon demand with interest from the date of expenditure at the rate of one and one-half percent (1 ½%) per month. ▇▇▇▇▇▇▇▇'s right to correct ▇▇▇▇▇▇'s failure to perform is for the sole protection of Landlord and the existence of this right shall not release Tenant from the obligation to perform all the covenants herein required to be performed by ▇▇▇▇▇▇.

Remedies for Tenant Default. Upon the occurrence of an Event of Default of this Lease by Tenant, Landlord shall have the right following rights and remedies in addition to the following remedies, which are intended to be alternative remedies and the sole any other rights or remedies available to Landlord under this Lease exclusive of any other remedies provided under applicable law:at law or in equity: DRAFT 11.2.1 (a) Landlord may at its option, and as its sole remedy therefore, terminate this Lease by written notice and Tenant’s right to Tenant possession of the Premises and collect from Tenant, as liquidated damages (recover unpaid Rent and not as a penalty) in lieu of and as full compensation for all other rights or claims of Landlord against Tenant by reason of such default: (a) an amount equal to any Rent due and owing or payable amounts which had been earned at the time of termination. Landlord may continue this Lease in effect and to enforce all of its rights and remedies under this Lease, including the right to recover Rent as it becomes due, for so long as Landlord does not terminate Tenant's right to possession; provided, however, if Landlord elects to exercise its remedies described in this Section 22.2(a) and Landlord does not terminate this Lease, and if Tenant requests Landlord's consent to an assignment of this Lease or a further Lease of the Premises at such time as there exists an uncured Event of Default, Landlord shall not unreasonably withhold its consent to such assignment or Lease. Acts of maintenance or preservation, efforts to relet the Premises or the appointment of a receiver upon Landlord's initiative to protect its interest under this Lease shall not constitute a termination of Tenant's rights to possession. (b) the Restoration Fee; The rights to cure Tenant’s default, at Tenant’s expense, as provided in Section ARTICLE 26. (c) an amount equal The right to the costs actually and reasonably incurred by Landlord in the removal of any Tenant Alterations for which Landlord is otherwise authorized under terminate this Lease by giving notice to demand removal thereof by Tenant; Tenant in accordance with applicable law. (d) an amount equal If Landlord elects to the costs actually and reasonably incurred by Landlord in performing the patching otherwise described as ▇▇▇▇▇▇’s responsibility in Section 12.1 of this Lease; (e) an amount equal to the costs, expenses, and fees authorized for reimbursement or collection from Tenant in Section 17.1 of this Lease actually and reasonably incurred by ▇▇▇▇▇▇▇▇; and (f) future rent for remainder of lease but not to exceed twelve (12) months’ rent. Landlord may sue periodically to recover the amounts described in this paragraph as they occur, and no action for accrued amounts shall bar a later action for amounts subsequently accruing; or Landlord may elect in any one action to recover accrued amounts. Upon Landlord’s exercise of the option set forth in this paragraph, this Lease shall terminate and the Parties shall be relieved of all further obligations and liabilities hereunder, except as expressly set forth herein. Tenant and Landlord acknowledge that the damages to Landlord resulting from ▇▇▇▇▇▇’s breach would be difficult, if not impossible, to ascertain with any accuracy, and that the liquidated damages amount set forth in this paragraph represent both Parties’ best efforts to approximate such potential damages. 11.2.2 In the alternative to the remedy provided in Section 11.2.1 of this Lease, Landlord may the right and power to enter the Premises and remove therefrom all persons and property, to store such property in a public warehouse or elsewhere at its optionthe cost of and for the account of Tenant, and as its sole remedy therefore but without waiving any right to subsequent alternative enforcement of this Lease, allow this Lease sell such property and apply such proceeds therefrom pursuant to continue and: (a) collect any Rent due and owing; and (b) make any payment or perform any obligation that Tenant has failed to perform as and when required under this Lease. All of Landlord's expenditures incurred to correct the failure to perform shall be reimbursed by Tenant upon demand with interest from the date of expenditure at the rate of one and one-half percent (1 ½%) per month. ▇▇▇▇▇▇▇▇'s right to correct ▇▇▇▇▇▇'s failure to perform is for the sole protection of Landlord and the existence of this right shall not release Tenant from the obligation to perform all the covenants herein required to be performed by ▇▇▇▇▇▇applicable California law.

Remedies for Tenant Default. Upon occurrence of If an Event of Default by Tenantshall occur hereunder, Landlord shall have the right to the following remedies, which are intended to be alternative remedies and the sole all remedies available to Landlord under this Lease exclusive of any other remedies provided under applicable law: 11.2.1 Landlord it at law or in equity, and it shall and may be lawful for the Landlord, at its option, and as its sole remedy thereforeby summary proceedings or by any other appropriate legal action or proceedings, to terminate this Ground Lease by written notice and to enter upon the Leased Premises or any part thereof and expel the Tenant or any person or persons occupying the Leased Premises and collect from Tenant, as liquidated damages (so to repossess and not as a penalty) in lieu of and as full compensation for all other rights or claims of Landlord against Tenant by reason of such default: (a) an amount equal to any Rent due and owing or payable at enjoy the time of termination; (b) the Restoration Fee; (c) an amount equal Leased Premises. Subject to the costs actually and reasonably incurred by Landlord in the removal of any Tenant Alterations for which Landlord is otherwise authorized under this Lease to demand removal thereof by Tenant; (d) an amount equal to the costs actually and reasonably incurred by Landlord in performing the patching otherwise described as ▇▇▇▇▇▇’s responsibility in Section 12.1 provisions of this Ground Lease; (e) an amount equal , at any time or from time to the costs, expenses, and fees authorized for reimbursement time after any such termination or collection from Tenant in Section 17.1 expiration of this Lease actually and reasonably incurred by ▇▇▇▇▇▇▇▇; and (f) future rent for remainder of lease but not to exceed twelve (12) months’ rent. Landlord may sue periodically to recover the amounts described in this paragraph as they occur, and no action for accrued amounts shall bar a later action for amounts subsequently accruing; or Landlord may elect in any one action to recover accrued amounts. Upon Landlord’s exercise of the option set forth in this paragraph, this Lease shall terminate and the Parties shall be relieved of all further obligations and liabilities hereunder, except as expressly set forth herein. Tenant and Landlord acknowledge that the damages to Landlord resulting from ▇▇▇▇▇▇’s breach would be difficult, if not impossible, to ascertain with any accuracy, and that the liquidated damages amount set forth in this paragraph represent both Parties’ best efforts to approximate such potential damages. 11.2.2 In the alternative to the remedy provided in Section 11.2.1 of this Ground Lease, Landlord may at relet the Leased Premises or any part thereof in Landlord’s own name, or otherwise, for such term or terms and with such options or extension or renewal (which may be greater or less than the periods which would otherwise have constituted the balance of the Term of this Ground Lease) and on such conditions as Landlord, in its optiondiscretion, may determine and may collect and receive the rentals therefor. In the event of such reletting, all rentals received by Landlord shall be applied first to the payment of any commercially reasonable costs or expenses of reletting incurred by Landlord, second to the payment of rental due and unpaid to Landlord hereunder; and the residue, if any, shall be held by Landlord and applied to any rental thereafter due Landlord under this Ground Lease. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies herein provided, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any Base Rent or charges due to Landlord hereunder, or of any damages accruing to Landlord by reason of the violation of any of the terms, provisions, and as its sole remedy therefore but without waiving any right to subsequent alternative enforcement of this Lease, allow this Lease to continue and: (a) collect any Rent due and owing; and (b) make any payment or perform any obligation that Tenant has failed to perform as and when required under this Lease. All of Landlord's expenditures incurred to correct the failure to perform shall be reimbursed by Tenant upon demand with interest from the date of expenditure at the rate of one and one-half percent (1 ½%) per month. ▇▇▇▇▇▇▇▇'s right to correct ▇▇▇▇▇▇'s failure to perform is for the sole protection of Landlord and the existence of this right shall not release Tenant from the obligation to perform all the covenants herein required to be performed by ▇▇▇▇▇▇contained.