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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 /> re4etting 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 re- letting 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 /> recovering the Demised Premises , legal fees , and any and all past- due amounts owing under the Lease . <br /> (e) Upon failure by Tenant to pay the Rent, to make distress, and upon such distress, this <br /> tenancy, at the option of Landlord, shall terminate, and the Landlord shall have the rights set forth above . <br /> (f) Make such payment or do such act that Tenant has failed but is required to do under this <br /> Lease, and the expenses of Landlord thereof, shall constitute Additional Rent hereunder due and payable <br /> by Tenant within 10 days of demand therefor by Landlord . <br /> (g) Without obtaining any court authorization, lock up the Demised Premises and deny Tenant <br /> access thereto . <br /> Landlord ' s reasonable attorneys ' fees in pursuing any of the foregoing remedies , or in collecting <br /> any Rent due from Tenant hereunder, shall be paid by Tenant, which fees as to Rent collected shall be <br /> deemed to be 15 % of the amount of such Rent or other sum due from Tenant . <br /> All rights and remedies of Landlord are cumulative , and the exercise of anyone shall not be an <br /> election excluding Landlord at any other time from exercise of a different or inconsistent remedy . No <br /> waiver by Landlord of any covenant or condition shall be deemed to imply or constitute a further waiver <br /> of the same at a later time, and acceptance of Rent by Landlord even with knowledge of a default by <br /> Tenant shall not constitute a waiver of such default . An election by Landlord to terminate this Lease shall <br /> only be deemed to occur upon the express , written election by Landlord to do so . <br /> 15 . Property of Tenant. To the extent required by law Tenant shall timely pay any and all taxes <br /> levied or assessed against or upon Tenant ' s furnishings , equipment, trade fixtures , furniture, inventory, <br /> leasehold improvements and personal property located in the Demised Premises (collectively, " Tenant <br /> Property") . Tenant ( if not in default hereunder), prior to the Expiration Date, may remove all Tenant <br /> Property which it has placed in the Demised Premises provided Tenant repairs all damages caused by <br /> such removal . If Tenant does not remove Tenant Property from the Demised Premises within 5 days after <br /> expiration or termination (for whatever cause) of this Lease, such property (other than that containing <br /> radioactive, biologically active or other hazardous substances or materials) shall be deemed conclusively <br /> abandoned by Tenant, and Landlord may dispose of the same in whatever manner Landlord may elect . <br /> 16 . Eminent Domain . If all of the Demised Premises , or such part thereof as will make the same <br /> unusable for the purposes contemplated by this Lease , be taken under the power of eminent domain (or a <br /> conveyance in lieu thereof) , then this Lease shall terminate as of the date possession is taken by the <br /> OCAC Lease Page 12 <br />