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any consequential, special or punitive damages or(ii) rents and royalties for any period in excess of two <br /> years following a breach of this Lease; or <br /> (ii) CWH may maintain Tenant's right to possession,in which case this Lease <br /> shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event, CWH <br /> shall be entitled to enforce all of CWH's rights and remedies under this Lease including the right to recover <br /> rent and royalties as they become due hereunder; or <br /> (iii) CWH may terminate this Lease, in which case CWH shall be entitled to <br /> enforce all of CWH's rights and remedies under this Lease through the date of termination, including the <br /> right to recover rents and royalties through the date of termination. <br /> (b) Notwithstanding the foregoing,with respect to any remedy exercised by CWH, <br /> CWH shall have an affirmative obligation to use reasonable efforts to obtain another tenant for the Premises <br /> promptly,at a fair market rental,and to otherwise mitigate its damages. <br /> 28. CWH AND CONNELL DEFAULTS AND REMEDIES. The occurrence of any one or <br /> more of the following events shall constitute a default and breach of this Lease by CWH and Connell: (a) <br /> CWH's or Connell's failure to do, observe, keep and perform any of the terms, covenants, conditions, <br /> agreements or provisions of this Lease required to be done, observed, kept or performed by CWH or <br /> Connell, within 30 days after written notice by Tenant of said failure (except when the nature of such <br /> obligation is such that more than 30 days are required for its performance,then CWH or Connell shall not <br /> be deemed in default if it commences performance within the 30 day period and thereafter diligently pursues <br /> the cure to completion);or(b)the failure of any representation or warranty to be true in all material respects <br /> when deemed given hereunder. Notwithstanding the foregoing, in the event CWH's or Connell's breach <br /> creates an emergency situation, or is of such a nature that materially impairs Tenant's ability to operate at <br /> the Premises, then CWH and Connell shall be required to remedy such breach as soon as commercially <br /> reasonable. In the event of a default by CWH or Connell, Tenant, at its option, without further notice or <br /> demand,shall have the right to any one or more of the following remedies in addition to all other rights and <br /> remedies provided at law or in equity or elsewhere herein: (w)to remedy such default or breach and deduct <br /> the reasonable, documented out-of-pocket costs thereof(including attorneys' fees) from the rent and/or <br /> royalties next falling due; (x) to pursue the remedy of specific performance; (y) to seek actual money <br /> damages for loss arising from CWH's or Connell's failure to discharge its obligations under this Lease;and(z) to terminate this Lease if such breach has not been cured as of the date of such termination. Nothing <br /> herein contained shall relieve CWH or Connell from their respective obligations hereunder,nor shall this <br /> Section be construed to obligate Tenant to perform CWH's or Connell's obligations. Notwithstanding <br /> anything in this Lease to the contrary, in no event shall CWH and Connell be liable for any special or <br /> punitive damages. <br /> 29. CWH AND 2 ELL INDEMNITY. CWH and Connell shall indemnify, defend and <br /> hold Tenant harmless against any and all losses,claims or damages to the extent the same arise out of or in <br /> connection with CWH's, Connell's, or their respective agents', employees' or contractors' actions, <br /> negligence or material breach of this Lease,including all actions of any person accessing the Property under <br /> Section 2(e). This indemnity shall survive the expiration or early termination of this Lease. <br /> 30. ATTORNEYS' FEES. If any party institutes any legal suit,action,or proceeding against <br /> the other party to enforce this Lease (or obtain any other remedy regarding any breach of this Lease),the <br /> prevailing party in the suit, action, or proceeding is entitled to receive, and the non-prevailing party shall <br /> pay,in addition to all other remedies to which the prevailing party may be entitled,the reasonable attorneys' <br /> fees and expenses incurred by the prevailing party in conducting the suit,action,or proceeding. <br /> 31. RIGHT OF FIRST OFFER. <br /> (a) If at any time after the Commencement Date,CWH desires to sell any reasonably <br /> 10 <br />