CompUSA 2014 Annual Report Download - page 87

If Landlord terminates this Lease, Landlord may recover from Tenant the sum of: all Base Rent and all other amounts accrued
hereunder to the date of such termination; the value of the Base Rent for any periods of abated Monthly Base Rent based on the Monthly Base
Rent amount that immediately follows such period of abatement; the cost of reletting the whole or any part of the Premises, including without
limitation brokerage fees and/or leasing commissions incurred by Landlord, and costs of removing and storing Tenant's or any other
occupant's property, repairing, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant or tenants, and
all reasonable expenses incurred by Landlord in pursuing its remedies, including reasonable attorneys' fees and court costs; and the excess of
the then present value of the Base Rent and other amounts payable by Tenant under this Lease as would otherwise have been required to be
paid by Tenant to Landlord during the period following the termination of this Lease measured from the date of such termination to the
expiration date stated in this Lease, over the present value of any net amounts which Tenant establishes Landlord can reasonably expect to
recover by reletting the Premises for such period, taking into consideration the availability of acceptable tenants and other market conditions
affecting leasing. Such present values shall be calculated at a discount rate equal to the 90-
day U.S. Treasury bill rate at the date of such
termination.
If Landlord terminates Tenant's right to possession (but not this Lease) without terminating the Lease after an Event of Default,
Landlord shall use commercially reasonable efforts to relet the Premises without thereby releasing Tenant from any liability hereunder and
without demand or notice of any kind to Tenant; provided, however, (a) Landlord shall not be obligated to accept any tenant proposed by
Tenant, (b) Landlord shall have the right to lease any other space controlled by Landlord first, and (c) any proposed tenant shall meet all of
Landlord's leasing criteria. For the purpose of such reletting Landlord is authorized to make any repairs, changes, alterations, or additions in or
to the Premises as Landlord deems reasonably necessary or desirable. If the Premises are not relet, then Tenant shall pay to Landlord as
damages a sum equal to the amount of the rental reserved in this Lease for such period or periods, plus the cost of recovering possession of the
Premises (including attorneys' fees and costs of suit), the unpaid Base Rent and other amounts accrued hereunder at the time of repossession, and
the costs incurred in any attempt by Landlord to relet the Premises. If the Premises are relet and a sufficient sum shall not be realized from such
reletting [after first deducting therefrom, for retention by Landlord, the unpaid Base Rent and other amounts accrued hereunder at the time of
reletting, the cost of recovering possession (including attorneys' fees and costs of suit), all of the costs and expense of repairs, changes,
alterations, and additions, the expense of such reletting (including without limitation brokerage fees and leasing commissions) and the cost of
collection of the rent accruing therefrom] to satisfy the rent provided for in this Lease to be paid, then Tenant shall immediately satisfy and pay
any such deficiency. Any such payments due Landlord shall be made upon demand therefor from time to time and Tenant agrees that Landlord
may file suit to recover any sums falling due from time to time. Notwithstanding any such reletting without termination, Landlord may at any
time thereafter elect in writing to terminate this Lease for such previous breach.
Exercise by Landlord of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an
acceptance of surrender of the Premises and/or a termination of this Lease by Landlord, whether by agreement or by operation of law, it being
understood that such surrender and/or termination can be effected only by the written agreement of Landlord and Tenant. Any law, usage, or
custom to the contrary notwithstanding, Landlord shall have the right at all times to enforce the provisions of this Lease in strict accordance with
the terms hereof; and the failure of Landlord at any time to enforce its rights under this Lease strictly in accordance with same shall not be
construed as having created a custom in any way or manner contrary to the specific terms, provisions, and covenants of this Lease or as having
modified the same. Tenant and Landlord further agree that forbearance or waiver by Landlord to enforce its rights pursuant to this Lease or at
law or in equity, shall not be a waiver of Landlord's right to enforce one or more of its rights in connection with any subsequent default. A
receipt by Landlord of rent or other payment with knowledge of the breach of any covenant hereof shall not be deemed a waiver of such breach,
and no waiver by Landlord of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by
Landlord. To the greatest extent permitted by law, Tenant waives the service of notice of Landlord's intention to re-
enter as provided for in any
statute, or to institute legal proceedings to that end, and also waives all right of redemption in case Tenant shall be dispossessed by a judgment or
by warrant of any court or judge. The terms "enter," "re-enter," "entry" or "re-
entry," as used in this Lease, are not restricted to their technical
legal meanings. Any reletting of the Premises shall be on such terms and conditions as Landlord in its sole discretion may determine (including
without limitation a term different than the remaining Lease Term, rental concessions, alterations and repair of the Premises, lease of less than
the entire Premises to any tenant and leasing any or all other portions of the Project before reletting the Premises). Landlord shall not be liable,
nor shall Tenant's obligations hereunder be diminished because of, Landlord's failure to relet the Premises or collect rent due in respect of such
reletting.
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