Nautilus 2009 Annual Report Download - page 253

on lost profits; or (b) Tenant have the right to terminate this Lease on account of a Landlord default. Tenant shall not have the right to withhold,
reduce or offset any amount against any payments of Rent or any other charges due and payable under this Lease unless Tenant has obtained a
final, non-appealable judgment against Landlord for the amount due.
ARTICLE 20
LANDLORD REMEDIES AND DAMAGES
20.1 Remedies . In the event of a Default, then in addition to any other rights or remedies Landlord may have at law or in equity,
Landlord shall have the right, at Landlord’s option, without further notice or demand of any kind, to do any or all of the following without
prejudice to any other remedy that Landlord may have (but only as permitted to a landlord by applicable Law):
20.1.1 Terminate this Lease and Tenant’s right to possession of the Premises by giving notice to Tenant. Tenant shall
immediately surrender the Premises to Landlord, and if Tenant fails to do so, Landlord may re-enter the Premises and take possession
thereof and expel or remove Tenant and any other party who may be occupying the Premises, or any part thereof, whereupon Tenant shall
have no further claim to the Premises or under this Lease.
20.1.2 Continue this Lease in full force and effect, whether or not Tenant has vacated or abandoned the Premises, and sue upon
and collect any unpaid Rent or other charges, that have or thereafter become due and payable.
20.1.3 Continue this Lease in effect, but terminate Tenant’s right to possession of the Premises and re-enter the Premises and
take possession thereof, whereupon Tenant shall have no further claim to the Premises without the same constituting an acceptance of
surrender.
20.1.4 In the event of any re-entry or retaking of possession by Landlord, Landlord shall have the right, but not the obligation,
(a) to expel or remove Tenant and any other party who may be occupying the Premises, or any part thereof; and (b) to remove all or any
part of Tenant’s or any other occupant’s property on the Premises and to place such property in storage at a public warehouse at the
expense and risk of Tenant.
20.1.5 Landlord may relet the Premises without thereby avoiding or terminating this Lease (if the same has not been previously
terminated), and Tenant shall remain liable for any and all Rent and other charges and expenses hereunder. For the purpose of reletting,
Landlord is authorized to make such repairs or alterations to the Premises as may be necessary in the sole discretion of Landlord for the
purpose of such reletting, and if a sufficient sum is not realized from such reletting (after payment of all costs and expenses of such repairs,
alterations and the expense of such reletting (including, without limitation, reasonable attorney and brokerage fees) and the collection of
rent accruing therefrom) each month to equal the Rent, then Tenant shall pay such deficiency each month upon demand therefor. Actions
to collect such amounts may be brought from time to time, on one or more occasions, without the necessity of Landlord’s waiting until the
expiration of the Term.
20.1.6 Without any further notice or demand, Landlord may enter upon the Premises, if necessary, without being liable for
prosecution or claim for damages therefor, and do whatever Tenant is obligated to do under the terms of the Lease Tenant agrees to
reimburse Landlord on demand for any reasonable expenses that Landlord may incur in effecting compliance with Tenant’s obligations
under the Lease. Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from such action, unless
caused by the gross negligence or willful misconduct of Landlord (but subject to the other limitations on Landlord’s liability set forth in
this Lease). Notwithstanding anything herein to the contrary, Landlord will have no obligation to cure any Default of Tenant.
20.1.7 Landlord shall at all times have the right, without prior demand or notice except as required by Law, to seek any
declaratory, injunctive or other equitable relief, and specifically enforce this Lease, or restrain or enjoin a violation or breach of any
provision hereof, without the necessity of proving the inadequacy of any legal remedy or irreparable harm.
20.1.8 Without notice to Tenant, Landlord may change or re-
key all locks to entrances to the Premises, and Landlord shall have
no obligation to give Tenant notice thereof or to provide Tenant with a key to the Premises.
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