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Upon the occurrence of an Event of Default, Landlord shall, without any further notice or <br /> demand, in addition to , and not in limitation of, any other remedy permitted by North Carolina law or this <br /> Lease, have the option to do any one or more of the following : <br /> (a) Terminate this Lease, in which event Tenant shall immediately surrender the Demised <br /> Premises to Landlord in good condition and repair, reasonable wear and tear excepted . Should Tenant fail <br /> to so surrender the Demised Premises, Landlord may, without prejudice to any other remedy available, <br /> but pursuant to any required legal process , re- enter and take possession of the Demised Premises with or <br /> without prior notice and remove Tenant or anyone occupying the Demised Premises and all property of <br /> such occupants from the Demised Premises , which property may be removed and stored in any other <br /> place in the Building in which the Demised Premises are situated, or in any other place, for the account <br /> of, at the expense and risk of Tenant. Tenant waives all claims for damages which may be caused by <br /> Landlord ' s re- entry and taking possession of the Demised Premises or removing or storing the occupant ' s <br /> furniture and property . Tenant shall save Landlord harmless from any loss, fees , costs or damages and <br /> expenses (including reasonable attorneys ' fees) suffered by Landlord because of any termination and re- <br /> entry . No re- entry shall be considered or construed to be an illegal forcible entry . <br /> (b) Without terminating this Lease, declare the entire amount of all Rent which would have <br /> become due and payable during the remainder of this Term to be due and payable immediately discounted <br /> by the prime rate of interest as reported in the Wall Street Journal on the date of the declaration of the <br /> acceleration of Rent, in which event Tenant agrees to pay the same to Landlord immediately . This <br /> payment shall constitute payment in advance of the Rent stipulated for the remainder of the Term . <br /> Acceptance by Landlord of the payment of this Rent shall not constitute a cure or waiver of any then- <br /> existing default or any subsequent default other than an existing default for non-payment of Rent . <br /> (c) Enter upon and take possession of the Demised Premises , without terminating this Lease <br /> and without being liable to prosecution or any claims for damages . Landlord may then relet all or any <br /> portion of the Demised Premises for any term or terms and at any rental or rentals and upon any other <br /> terms and conditions as Landlord, in its sole discretion, may deem advisable, with the right to make <br /> alterations and repairs to the Demised Premises . In the event of any reletting, rentals received by Landlord <br /> from reletting shall be applied : first, to the payment of any indebtedness , other than Rent, due from <br /> Tenant to Landlord ; second, to the payment of all expenses of Landlord in repairing, restoring or altering <br /> the Demised Premises for reletting, together with leasing fees and all other expenses in seeking and <br /> obtaining a new tenant, the unamortized portion of Landlord' s paid allowance for Tenant up- fit and other <br /> previously paid Tenant costs , the unamortized portion of any up - fit costs paid on account of this Lease by <br /> Landlord, the unamortized portion of any brokerage fees for the unexpired Lease Term , and any other <br /> damages and costs suffered by Landlord except as expressly provided; third, to the payment of the Rent <br /> due and unpaid; and the residue, if any, shall be held by Landlord and applied in payment of future Rent <br /> as the same may be due and payable . Should rentals received from re- letting during any month and <br /> applied to the Rent be less than the Rent reserved hereunder, then Tenant shall immediately pay any <br /> deficiency to Landlord . Deficiencies shall be calculated and paid monthly . Should rentals received from <br /> re- letting during any month and applied to the Rent be greater than the Rent reserved hereunder, the entire <br /> amount shall belong to Landlord free of any claim of Tenant thereto . No re- entry on or taking possession <br /> of the Premises by Landlord shall be construed as an election on its part to terminate this Lease unless <br /> either a written notice of this intention is given to Tenant . <br /> (d) Notwithstanding any reletting without termination, Landlord may at any time elect to <br /> terminate this Lease for any previous Event of Default . Should Landlord at any time terminate this Lease <br /> for any Event of Default, in addition to any other remedy it may have, Landlord may recover from Tenant <br /> all damages it may incur by reason of any Event of Default. Landlord ' s recovery shall include the cost of <br /> legal fees , and any and all past- due amounts owing under the Lease .recovering the Demised Premises , <br /> OCAC Lease Page 11 <br />