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This excerpt taken from the RCL 10-K filed Mar 14, 2005. Landlord’s Remedies. Upon the occurrence of an event of default constituting a breach of this Lease by Tenant under Section 18, Landlord may exercise any one or more of the remedies set forth in this Section 19.1, or any other remedy available under applicable law or contained in this Lease.
19.1.1 Landlord or Landlord’s agents and employees may immediately or at any time thereafter re-enter the Premises, or any part thereof, either by summary eviction proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any person therefrom, to the end that Landlord may have, hold and enjoy the Premises.
22 – LEASE AGREEMENT pdx/112037/138180/KMP/1247874.9
19.1.2 Landlord shall use reasonable efforts to relet the whole or any part of the Premises, either in the name of the Landlord or otherwise, to such tenants, for such terms ending before, on or after the expiration date of the Lease Term, at such rentals and upon such other conditions (including concessions, tenant improvements, and free rent periods) as Landlord may reasonably determine to be appropriate. Landlord at its option may make such physical changes to the Premises as Landlord reasonably considers advisable or necessary in connection with any such reletting or proposed reletting, without relieving Tenant of any liability under this Lease or otherwise affecting Tenant’s liability. If there is other unleased space in the Building, Landlord may lease such other space without prejudice to its remedies against Tenant. 19.1.3 Whether or not Landlord retakes possession or relets the Premises, Landlord shall have the right to recover unpaid rent and all damages caused by the default, including reasonable attorneys’ fees. Damages shall include, without limitation: (i) all rentals lost; (ii) all reasonable legal expenses and other related costs incurred by Landlord following Tenant’s default; (iii) all reasonable costs incurred by Landlord in restoring the Premises to good order and condition, or in remodeling, renovating or otherwise preparing the Premises for reletting; and (iv) all costs actually incurred by Landlord in reletting the Premises, including, without limitation, and any brokerage commissions and the value of Landlord’s time. 19.2 |
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