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(3) any deficiency between the Rent, when due in accordance with this <br />Lease, for the remainder of the Term and the payments, if any, received by <br />Landlord from any reletting of the Development or portions thereof. <br />9.4 Injunctive Relief. If an uncured Event of Default exists under this Lease, <br />Landlord shall have the right, in addition to any remedy available to Landlord under Section <br />9.2 of this Lease, to institute from time to time an action or actions for injunctive and/or other <br />equitable relief. <br />9.5 Forbearance. If there is a Mortgage on Tenant's interest in this Lease or the <br />Development Property, Landlord will not terminate this Lease or Tenant's right of possession <br />of the Development Property pursuant to Section 9.2 of this Lease, if Holder or any purchaser <br />or transferee of Tenant's interest in this Lease or the Development by reason of foreclosure <br />or other proceedings or by deed or assignment in lieu of such proceedings (or an assignee of <br />Holder or such purchaser or transferee) shall, within one hundred eighty (180) days after <br />acquiring Tenant's interest in this Lease or the Development, cure all defaults susceptible of <br />being cured by such entity (or, if such cure would reasonably require more than one hundred <br />eighty (180) days and thereafter promptly, effectively and continuously proceed to cure such <br />default). Nothing in this Section shall affect Landlord's right to enforce any remedy under <br />this Lease for an Event of Default except, so long as Holder is in the process of curing such <br />Event of Default or foreclosing its Mortgage under this Section, the right to terminate this <br />Lease or Tenant's right of possession of the Development. <br />9.6 Costs. Tenant shall indemnify Landlord against all costs and charges <br />(including reasonable legal fees) lawfully and reasonably incurred in enforcing payment of <br />Rent, and in obtaining possession of the Development after an Event of Default of Tenant or <br />upon expiration or earlier termination of this Lease, or in enforcing any covenant, proviso or <br />agreement of Tenant contained in this Lease. Landlord shall indemnify Tenant against all <br />costs and charges (including legal fees) lawfully and reasonably incurred in enforcing any <br />covenant, proviso or agreement of Landlord contained in this Lease. <br />9.7 Waiver of Default. No failure or delay by Landlord or Tenant to insist on strict <br />performance of any term of this Lease or to exercise any right, power, or remedy upon a <br />breach of this Lease shall constitute a waiver of such term or such breach. <br />9.8 Tenant's Liability. Notwithstanding anything to the contrary provided in this <br />Lease, it is specifically understood and agreed, such agreement being a primary consideration <br />for the execution of this Lease by Tenant, that (i) there shall be absolutely no personal <br />liability on the part of Tenant, or its officers, directors, members, employees and agents, to <br />Landlord with respect to any of the terms, covenants and conditions of this Lease, and <br />(ii) Landlord shall look solely to recovering possession of the Development Property in the <br />event of any breach by Tenant of any of the terms, covenants and conditions of this Lease to <br />be performed by Tenant. <br />-12- <br />