NYC 9/11 Public Portal Document
except to the extent that such net rents are actually received bv Landlord, If the
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 bv Landlord for the unexpired portion of the term of this Lease, or anv part
rjITrnTTF
thereof, before presentation of proof of such damages to any court, c 'TUT?!!ission or tri
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 anv installments thereof.
may be brought bv 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 anv provision of law, or had Landlord not re-entered the Demised Premises,
Nothing herein contained shall be construed to limit or preclude recovery bv Landlord
against Tenant of anv sums or damages to which, in addition to the damages narticul
provided above. Landlord may lawfully be entitled bv reason of anv default hereunder on the
part of Tenant, Nothing herein contained shall be construed to limit or prejudice the right of
Landlord to prove for and obtain as liquidated damages bv reason of the termination of this
Lease or re-entry on the Demised Premises for the default of Tenant under this Lease, an
amount equal to the maximum allowed by any statute or rule of law in effect at the time when.
and governing the proceedings in which, such damages are to be proved whether or not such
amount be greater, equal to. or less than anv of the sums referred to in Paragraph (A).
98
NYC-WTC_000170678
OCR can misread numbers and units. Confirm readings against the page image before using them.