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right to recover damages under the foregoing provisions. Notwithstanding the foregoing, <br /> Landlord shall not exercise its right to terminate this Lease or Tenants' possession of the <br /> Demised Property without giving Administrative Agent prior written notice of the Event of <br /> Default and a reasonable opportunity (which shall not be less than fifteen (15) days) to cure such <br /> Event of Default. <br /> (b) Continuation after Event of Default. If Landlord does not elect to <br /> terminate this Lease, then this Lease shall continue in effect, and Landlord may enforce all of its <br /> rights and remedies under this Lease, including the right to recover Rent as it becomes due, and <br /> Landlord, without terminating this Lease, may exercise all of the rights and remedies of a <br /> landlord at law or in equity, subject to Article 26. Landlord shall not be deemed to have <br /> terminated this Lease except by an express statement in writing. Acts of maintenance or <br /> preservation, efforts to relet the Demised Property, or the appointment of a receiver upon <br /> application of Landlord to protect Landlord's interest under this Lease shall not constitute an <br /> election to terminate Tenants' right to possession unless such election is expressly stated in <br /> writing by Landlord. Notwithstanding any such reletting without such termination, Landlord may <br /> at any time thereafter elect to terminate Tenants' right to possession and this Lease. If Landlord <br /> elects to relet the Demised Property for the account of Tenants, the rent received by Landlord <br /> from such reletting shall be applied as follows: first, to the payment of any and all costs of such <br /> reletting (including attorneys' fees, brokers' fees, and the cost of alterations and repairs to the <br /> Demised Property, and Tenants improvement costs); second, to the payment of any and all <br /> indebtedness other than Rent due hereunder from Tenants to Landlord; third, to the payment of <br /> any and all Rent due and unpaid hereunder; and the balance, if any, shall be held by Landlord <br /> and applied in payment of future Rent as it becomes due. If the rent received from the reletting is <br /> less than the sum of the costs of reletting, other indebtedness due by Tenants, and the Rent due <br /> by Tenants, then Tenants shall pay the deficiency to Landlord within ten (10) days after written <br /> demand by Landlord. Such deficiency shall be calculated and paid monthly. <br /> Section 15.03 Late Fee. If any payment of Base Rent or Additional Rent is not received <br /> by Landlord from Tenants when such payment is due to Landlord hereunder, such payment shall <br /> be deemed delinquent and Tenants shall pay to Landlord a late fee of five percent (5%) of each <br /> such delinquent payment (the "Late Fee"), due and payable to Landlord simultaneously with the <br /> delinquent Base Rent or delinquent Additional Rent, as the case may be. <br /> ARTICLE 16 FORCE MAJEURE <br /> If either party is prevented or delayed from timely performance of any obligation <br /> or satisfying any condition under this Lease by any event or circumstance beyond the control of <br /> such party, exclusive of financial inability of a party, but including any of the following if <br /> beyond the control of(and not caused by) such party: strike, lockout, labor dispute, civil unrest, <br /> inability to obtain labor, materials or reasonable substitutes thereof, acts of God, present or future <br /> governmental restrictions, regulations or control, insurrection, and sabotage, then the time to <br /> perform such obligation or satisfy such condition shall be extended by the delay caused by such <br /> event or circumstance. The provisions of this Article shall in no event operate to delay the <br /> Commencement Date or to excuse Tenants from the payment of all Rent as and when due under <br /> this Lease. <br /> 20 <br />