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DOCusegn Enw!Jvpe Id- r�2TE9717-083B-4?A<�-86$2-F4$52ES143rI does attefapt to so mitigate its damages, such a caU by Landlord shall not waive Landlord's nght to r='Yer damages under the foregoing provision. Notwithstan&rlg the foregoing, Landlord shall not exercise its right to terminate this Lease or Tenants' possession of the Demised Property without giving AdminisUadve Agent prior written novae of the Event of Default and a reasonable OlWrwWtY(which shall not be less than fifoem 15) days)to cute such Event of Default, {honuatirn aflr Event of Default. If Landlord does not elect to terminate this Lease, dwn this Lease shalt c time is effect, and Landlord may enforce all of its rights and ran ties under th-s Lase, including the right to recover Rent as it becomes due, and Landlord, withotA tm inaftng this Lease,may exercise all of the rights and remedies of a landlord at law or in equity, subject to Article . Landlord shall not be deemed to have terminated this Lease except by an e-press state nt m writing. Acts of maintenance or preservation, efforts to relet the Denis sed Property, or the appointment of a receiver upon application of Landlord to protect Landlord's interest undex tbls Lease shall not consfituw an election to te�nate Tenants' right to possession unless such election is expressly stated in writing by Landlord. NOVArithstauding any such reletting without such termination, Landlord may at any time thereafter elect to tam a Tom' right to possession and this Uase. if Landlord elects to relet the Demised Property for the account of Tenants, the rent received by Landlord from such reletting shall be applied as follows: first, to the payment of any and all costs of such reletting(including a1wrneys' fees, brokers' fees, and the cost of alterations and repairs to the Demised Property, and Tenam improvement casts); second, to the PaYment of any and all indebtedness other than Rent due hereunder from Tenants to Landlord; third. to the payment of any and ali Rent due ad unpaid hereunder; and the balance, if any, shall be held by Landlord and applied in payment of future Dent as it beco es due. If the rent removed from the €eletting is less than the sofa of the costs of re<lcuing, other indebtedness due by Tenants, and the Rent due by Tents, them Tenants shaU pay the deficiency to Landlord whhin ten (l0) days after written dernafnd by Landlord- Such deficiency shall be calculated and paid monthly. etiian 15-03 tzte Fee. If any payment of Base Rent or Additional Rent is not re ived by Landlord from Tcmmts when such payrueut is due to Ford hereunder, such payment shall be deemed defeat and Tenants shall pay to Landlord a late fee of five percent (5 ) of each such delinquent payment (the "IAt„ F"), due and payable to Landlord simultaneously with the delinquent Base Rent or delinquent Additional Rent, as the caw may be. ARTICLE 16 FORCE hf JELL If either party is prevented or delayed fmm timely performance of any obligation or satisfying any condition under this Lease by any event or circurnstwice beyond the oontrol. of such party, exclusive of financial inability of a party, but including any of the following if beyond the con"I of (mid not caused by) sucks party, strike, lockout, tabor disptw-, civil unrest, inability to obtain labor, materials or reasonable substitutes thmwf acts of God, pme3at or ftwoe govemmenw restriction, re Wa€ions or control, insurrection, and sabotage, then the time to perform such obligation or satisfy such condition shall be WerKW by the delay caused by sucks evenn or circumstance. The provisions of this Article shall in no event operate to delay the Commencement Date or to excuse Tenants from the payment of all lit as and when due under this Lease, ARTICLE 17 N017CE Page 22 of