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Tenant and not resulting from its negligence. Tenant agrees, however, to remedy with all <br />reasonable dispatch the cause or causes preventing Tenant from carrying out its obligations <br />under this Lease; provided that the settlement of strikes, lockouts and other labor disturbances <br />shall be entirely within the discretion of Tenant and Tenant shalI not be required to make <br />settlement of strikes, lockouts and other labor disturbances by acceding to the demands oft. he <br />opposing party or parties when such course is, in the judgment of Tenant, unfavorable to Tenant. <br /> <br /> Section 12.2. Remedies on Default. Whenever any event of default referred to 'in <br />Section I2. I shall, have happened and be continuing with respect to the Project, Landlord, shall <br />have the right, at its option and without any further demand or notice, to take one or any <br />combination of the following remedial steps: <br /> <br /> (i) Landlord, with or without terminating th.is Lease, may declare all <br />Rental Payments due or to become due during the Term of the Leaie to be immediately <br />due and payable by Tenant, whereupon such Rental Payments shall be immediately due <br />and payable, if Landlord has not terminated the Lease and has not declared all Rental <br />Payments immediately due and payable and if Tenant has cured the event of default and. <br />has paid the late charge provided in Section 12.6, if applicable, the Tenant shall be i <br />restored to its former position before the event of default occurred. <br /> <br /> (ii) Landlord, with or without terminating this Lease, may repossess the <br />Project or any portion thereof by giving Tenant written notice to vacate the Project,' <br />whereupon Tenant shall do so in the manner provided in Section 12.3; or in the event <br />Tenant fails to do so within ten days after receipt of such notice, Landlord may enter <br />upon the Project and take possession of the Project and charge. Tenant for costs incurred <br />in repossessing such portion of the Project, including reasonable attorneys' fees. Tenant <br />hereby expressly waives any damages occasioned by such repossession.' <br /> <br /> (iii) If the Landlord terminates this Lease and takes possession of the <br />Project or any portion thereof, Landlord shall have the right to lease or sell the Landlord's <br />interests in the Project or any portion thereof, subject to Tenant's fee simple title interest <br />therein, in a commercially reasonable manner at public or private sale in accordance with <br />applicable State laws, and.the Tenant agrees to use its best efforts to assist the Landlord <br />in so doing. Landlord shall apply the ~roceeds of such sale to pay the following items in <br />the following order; (a) all costs incurred in securing possession oft. he Project; (b) all <br />expenses incurred in completing the sale; and (c) the balance of any accrued Rental <br />Payments owed by Tenant. <br /> <br /> (iv) Landlord may take any other remedy available at law or in equity to <br />require Tenant to perform any of its obligations hereunder. <br /> <br />In no event, however, shall the Tenant be liable under this Article XII for Rental Payments (or <br />the equivalent thereof) in excess oft. he moneys appropriated by it on a yearly basis (other than <br />for any additional Rental Payments due if the Tenant occupies the Project after termination of the <br />Lease pursuant to Section 4.4). <br /> <br />50 <br /> <br />1763908vl <br /> <br /> <br />