Nautilus 2009 Annual Report Download - page 254

20.1.9 The rights given to Landlord in this Article are cumulative and shall be in addition and supplemental to all other rights or
remedies that Landlord may have under this Lease and under applicable Laws or in equity.
20.2 Damages . Should Landlord elect to terminate this Lease or Tenant’s right to possession under the provisions above, Landlord
may recover the following damages from Tenant:
20.2.1 Past Rent . The worth at the time of the award of any unpaid Rent that had been earned at the time of termination; plus
20.2.2 Rent Prior to Award . The worth at the time of the award of the unpaid Rent that would have been earned after
termination, until the time of award; plus
20.2.3 Rent After Award . The worth at the time of the award of the amount by which the unpaid Rent for the balance of the
term after the time of award exceeds the amount of the rental loss that Tenant proves could have been reasonably avoided, if any; plus
20.2.4 Proximately Caused Damages . Any other amount necessary to compensate Landlord for all detriment proximately
caused by Tenant’s failure to perform its obligations under this Lease or that in the ordinary course of things would be likely to result
therefrom, including, but not limited to, any costs or expenses (including, without limitation, reasonable attorneys’ fees), incurred by
Landlord in (a) retaking possession of the Premises; (b) maintaining the Premises after Default; (c) preparing the Premises or any portion
thereof for reletting to a new tenant, including, without limitation, any repairs or alterations, whether for the same or a different use;
(d) reletting the Premises, including but not limited to, advertising expenses, brokers’ commissions and fees; and (e) any special
concessions made to obtain a new tenant.
20.2.5 Other Damages . At Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be
permitted from time to time by Law.
As used in subsections 20.2.1 and 20.2.2, the phrase “worth at the time of the award”
shall be computed by adding interest on all such sums from
the date when originally due at the Interest Rate. As used in subsection 20.2.3, the phrase “worth at the time of the award” shall be computed by
discounting the sum in question at the Federal Reserve rate promulgated by the Federal Reserve office for the district in which the Premises are
located, plus one percent (1%).
20.3 Rent after Termination . Tenant specifically acknowledges and agrees that Landlord shall have the right to continue to collect
Rent after any termination (whether said termination occurs through eviction proceedings or as a result of some other early termination pursuant
to this Lease) for the remainder of the Term, less any amounts collected by Landlord from the reletting of the Premises, but in no event shall
Tenant be entitled to receive any excess of any such rents collected over the Rent.
20.4 No Termination . A termination of this Lease by Landlord or the recovery of possession of the Premises by Landlord or any
voluntary or other surrender of this Lease by Tenant or a mutual cancellation thereof, shall not work a merger and shall at the option of Landlord,
terminate all or any existing franchises or concessions, licenses, permits, subleases, subtenancies or the like between Tenant and any third party
with respect to the Premises, or may, at the option of Landlord, operate as an assignment to Landlord of Tenant’s interest in same.
20.5 Waiver of Demand . All demands for Rent and all other demands, notices and entries, whether provided for under common law
or otherwise, that are not expressly required by the terms hereof, are hereby waived by Tenant.
20.6 Waiver of Redemption . Tenant hereby waives, relinquishes and releases for itself and for all those claiming under Tenant any
right of occupancy of the Premises following termination of this Lease, and any right to redeem or reinstate this Lease by order or judgment of
any court or by any legal process or writ under present or future Laws.
20.7 Deficiency . If it is necessary for Landlord to bring suit in order to collect any deficiency, Landlord shall have the right to allow
such deficiencies to accumulate and to bring an action on several or all of the accrued deficiencies at one time. Any such suit shall not prejudice
in any way the right of Landlord to bring a similar action for any subsequent deficiency or deficiencies.
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