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7 Ci and detainer, ejectment or otherwise, or any execution of any judgment or decree obtained in any action to recover possession of the Premises, shall not be construed as an election to terminate this Lease unless Landlord expressly exercises its option hereinbefore provided to declare the term hereof ended, whether or not such entry or re-entry be had or taken under summary proceedings or otherwise. Such action shall not be deemed to have absolved or discharged Tenant from any of its obligations and liabilities for the remainder of the Term of this Lease. Tenant shall, notwithstanding such entry or re-entry, continue to be liable for the payment of the rents and other charges and the performance of the other covenants and conditions contained herein and shall pay to Landlord all monthly deficits after such re-entry in monthly installments as the amounts of such deficits from time to time are ascertained. If Tenant at any time shall fail or refuse to pay any Additional Rent, or liens, or shall fail or refuse to make any payment or perform any act required by this Lease to be made or performed by it, Landlord, without waiving or releasing Tenant from any obligation or default under this Lease, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of Tenant. All amounts so paid by Landlord and all costs and expenses so incurred shall accrue interest at the Default Rate from the date of payment thereof by Landlord, shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord upon demand. All other amounts payable by Tenant to Landlord under this Lease, if not paid when due, shall accrue interest at the Default Rate from their due date until paid, said interest to be Additional Rent under this Lease to be paid to Landlord upon demand. All rights and remedies of Landlord herein enumerated shall be cumulative, and shall not exclude any other remedies allowed at law or in equity. Landlord shall have a duty to take all reasonable steps to mitigate any damages incurred as a result of a default by Tenant. 7.2 Rent Demand. Every demand for Additional Rent due wherever and whenever made shall have the same effect as if made at the time it falls due and at the place of payment, and after the service of any notice or commencement of any suit, or final judgment therein, Landlord may receive and collect any Additional Rent due, and such collection or receipt shall not operate as a waiver of or affect such notice, suit or j udgment. ARTICLE 8 DAMAGE TO OR DESTRUCTION OF THE LEASED PREMISES 8.1 Partial Damage to Premises. Tenant shall promptly notify Landlord in writing upon the occurrence of any material damage to the Premises. If the Premises is only partially damaged (i.e., less than fifty percent (50%) of the Premises is untenantable as a result of such damage or less than fifty percent (50%) of Tenant's operations are materially impaired), this Lease shall remain in effect and Landlord shall repair the damage (but not trade fixtures of Tenant, alterations owned by Tenant or any utility installations) as soon as reasonably possible. If the insurance proceeds received by Landlord are not sufficient to pay the entire costs of repair (except for the amount of the deductible), or if the cause of the damage is not covered by the insurance policies, Landlord may elect either to (i) repair the damage as soon as reasonably possible, in which case the Lease will remain in full force and effect or (ii) terminate this Lease as of the date the damage occurred. Landlord shall notify Tenant within thirty (30) days after receipt of notice of the occurrence of the damage whether Landlord elects to repair the damage or terminate the Lease. If Landlord elects to repair the damage, Tenant shall pay the "deductible amount" under any insurance policies set forth in ARTICLE 3 and, if the damage was due to an act or omission of Tenant, or Tenant's employees, agents, contractors or invitees, the difference between the actual cost of repair and any insurance proceeds received by Landlord. If Landlord elects to terminate the Lease, Tenant may elect to continue this Lease in full force 10 r Attachment number 1 F - 6 Page 187 of 286