NYC 9/11 Public Portal Document
from such reletting the expenses incurred or paid by Landlord in terminating this Lease or in
re-entering the Demised Premises and in securing possession thereof, as well as the expenses of
reletting, including altering and preparing the Demised Premises for new tenants, brokers'
commissions, and all other expenses properly chargeable against the Demised Premises and the
rental therefrom; it being understood that any such reletting may be for a period shorter or longer
than the remaining term of this Lease; but in no event shall Tenant be entitled to receive any
excess of such net rents over the sums payable by Tenant to Landlord hereunder, nor shall Tenant
be entitled in any suit for the collection of damages pursuant to this Subsection to a credit in
respect of any net rents from a reletting, except to the extent that such net rents are actually
received by Landlord. If the Demised Premises or any part thereof should be relet in
combination with other space, then proper apportionment on a square foot basis (for equivalent
space) shall be made of the rent received from such reletting and of the expenses of reletting. If
the Demised Premises or any pan thereof be relet by Landlord for the unexpired portion of the
term of this Lease, or any part thereof, before presentation of proof of such damages to any
court, commission or tribunal, the amount of rent reserved upon such reletting shall, prima facie.
be the fair and reasonable rental value for the Demised Premises, or part thereof, so relet during
the term of the reletting.
(B) Suit or suits for the recovery of such damages, or any installments thereof, may
be brought by Landlord from time to time at its election, and nothing contained herein shall be
deemed to require Landlord to postpone suit until the date when the term of this Lease would
have expired if it had not been so terminated under the provisions of Article 30, or under any
provision of law, or had Landlord not re-entered the Demised Premises. Nothing herein
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