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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
<br /> Landlord from reletting shall be applied : first, to the payment of any indebtedness , other than Rent, due
<br /> from Tenant to Landlord ; second, to the payment of all expenses of Landlord in repairing, restoring or
<br /> altering the Demised Premises for reletting, together with leasing fees and all other expenses in seeking
<br /> and obtaining a new tenant, the unamortized portion of Landlord' s paid allowance for Tenant up-fit and
<br /> other previously paid Tenant costs, the unamortized portion of any up- fit costs paid on account of this
<br /> Lease by Landlord, the unamortized portion of any brokerage fees for the unexpired Lease Term , and
<br /> any other damages and costs suffered by Landlord except as expressly provided; third, to the payment
<br /> of the Rent due and unpaid ; and the residue, if any, shall be held by Landlord and applied in payment of
<br /> future Rent as the same may be due and payable . Should rentals received from reletting during any
<br /> month and applied to the Rent be less than the Rent reserved hereunder, then Tenant shall immediately
<br /> pay any deficiency to Landlord . Deficiencies shall be calculated and paid monthly . Should rentals
<br /> received from reletting during any month and applied to the Rent be greater than the Rent reserved
<br /> hereunder, the entire amount shall belong to Landlord free of any claim of Tenant thereto . No re- entry
<br /> on or taking possession of the Premises by Landlord shall be construed as an election on its part to
<br /> terminate this Lease unless 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
<br /> Lease for any Event of Default, in addition to any other remedy it may have, Landlord may recover
<br /> from Tenant all damages it may incur by reason of any Event of Default . Landlord ' s recovery shall
<br /> include the cost of recovering the Demised Premises , legal fees , and any and all past- due amounts
<br /> 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
<br /> 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
<br /> payable 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 /> 16 . 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
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<br /> OCAC Lease Page 12 I
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