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peaceably and lawfully. Under no circumstances is this Lease to be an asset for <br />Tenant's creditors by operation of law or otherwise. No re -entry or taking <br />possession of the Premises by Landlord shall be construed as an election on <br />Landlord's part to terminate this Lease unless a written notice of termination is <br />given to Tenant or unless the termination of this Lease is decreed by a court of <br />competent jurisdiction. All remedies available to Landlord are cumulative. No <br />termination of this Lease nor taking of possession of the Premises by Landlord <br />shall deprive Landlord of any applicable remedies against Tenant or relieve Tenant <br />from any liability for damages under this Lease. <br />13.3 'Relettind of the Premises: Landlord shall, on behalf of Tenant if Landlord re- enters <br />the Premises without terminating this Lease or on its own behalf if the Lease is <br />terminated, attempt to relet the Premises. Any such reletting shall be for any <br />period, for any sum (including rental concessions and rent -free occupancy), and on <br />any other terms and conditions which Landlord may deem suitable and <br />satisfactory, provided that at all times Landlord acts in a commercially reasonable <br />manner. In the event of any reletting, Landlord shall apply the rent therefrom first <br />to the payment of Landlord's expenses, including attorneys' fees incurred by <br />reason of Tenant's default, brokerage commissions, and the cost of repairs, <br />renovation or alteration of the Premises, and the balance to the payment of Rent <br />and all other sums due from Tenant hereunder, with Tenant remaining liable for <br />any deficiency. Landlord's obligations pursuant to this paragraph 13.3 shall be <br />subject to the reasonable requirements of Landlord to develop in a harmonious <br />manner the real estate of which the Premises are a part. <br />13.4 Landlord's Default: It shall be deemed a Default by Landlord hereunder if <br />Landlord shall default in the covenants, agreements, conditions or undertakings <br />herein contained to be kept, observed and performed by the Landlord and such <br />default shall continue for thirty (30) days after notice thereof in writing to the <br />Landlord. Should Landlord's default occur, Tenant shall be entitled to pursue any <br />remedies at law or in equity including, but not limited to, termination of this <br />Lease. <br />14. SURRENDER OF PREMISES <br />On the Lease Termination, Tenant covenants to peacefully yield up and surrender the <br />Premises broom clean and in good order, repair and condition, reasonable wear and tear <br />and damage from fire and casualty loss and damage due to Landlord's negligence <br />excepted, and to remove all Tenant's property and all Alterations required or permitted to <br />be removed under the provisions of Section 6 hereof. <br />15. ATTORNEYS'FEES <br />15.1 Party to Litigation: If either party becomes a party to any litigation concerning this <br />Lease or the Premises by reason of any act or omission of the other party or its <br />authorized representatives (the "Innocent Party "), then the Innocent Party shall be <br />entitled to be reimbursed by the other party hereto for reasonable attorneys' fees <br />and court costs incurred by the Innocent Party in the litigation. <br />Contract ID 4164827 <br />Approved as to Fonn JLS 9/26/2018 <br />10 <br />