NYC 9/11 Public Portal Document
provided, however, that if Landlord shall relet the Demised Premises during said period.
Landlord shall credit Tenant with the net rents received by Landlord from such reletting, such net
rents to be determined by first deducting from the gross rents as and when received by Landlord
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 part 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
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NYC-WTC_000170149
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