Res 1984-102 - Laserfiche WebLink

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-9- provide proper \4lr ing for the installation of at least three (3) office telephones on the leased premises. LESSEE shall have sole responsibility for payment for any telephone service to said leased premises and installation of any equipment therefor. 28. DEFAULT A. If any default of LESSOR regarding LESSOR'S obligation to make roof repairs under Paragraph 16, hereunder shall continue uncorrected for ten (10) days after written notice thereof from LESSEE, or B. If LESSOR shall not commence to correct any default on the part of LESSOR regarding LESSOR'S other obligations to repair under Paragraph 16 hereunder before the expiration of thirty (30) days after written notice thereof from LESSEE, or if LESSOR shall not, after the commencement of such repairs, diligently prosecute the same to completion, LESSEE may, at any time thereafter during the continuance of such default, if LESSEE elects but LESSEE shall not be under any obligation to do so, make repairs necessary to remedy the condition explained in notice to LESSOR and deduct the cost thereof from the following rent payment or payments. If LESSEE shall not commence to correct any default of LESSEE hereunder for thirty (30) days after written notice thereof from LESSOR (except in the default of rental payments, in which case the notice period shall be fifteen (15) days), and if LESSEE shall not, after commencement of the same, diligently prosecute the same to completion, LESSOR may by giving written notice to LESSEE at any time thereafter during the continuance of such default terminate this lease agreement and re-enter the premises, by summary proceedings or otherwise, expel LESSEE, and remove all property therefrom, and relet the premises at the best possible rent obtainable, making reasonable efforts therefor and receiving the rent therefrom, but LESSEE shall remain liable for the equivalent of the amount of all rent reserved herein less the avails of reletting, if any, after deducting therefrom real estate co~nission, if any, and the reasonable cost of obtaining possession of the premises, and of any repairs necessary to prepare them for reletting made necessary by the negligent acts of LESSEE. Any and all monthly deficiencies so payable by LESSEE shall be paid monthly on the date herein provided for the payment of rent. If LESSOR intend~ to follow up any notice of default with a subsequent notice of cancellation of lease agreement or re-entry, any such intent shall be fully set forth in any such notice of default to LESSEE. If any default by either party cannot reasonably be remedied within the notice times stated above (except payment of rent), then such party shall have the additional time reasonably necessary to remedy it before this lease agreement can be terminated or other remedy enforced by the other. For the purposes of this Article, it shall be deemed that the percentage rent for any period after any such default and entry by LESSOR would have been at a monthly rate thereafter equal to the average monthly percentage rent which LESSEE was obligated to pay to LESSOR under this lease agreement from the commencement hereof to the date of such default. If a petition in bankruptcy shall be filed by LESSEE, or LESSEE shall be adjudicated bankrupt, or if LESSEE shall make a general assignment for the benefit of creditors, or if in any proceeding based upon the insolvency of LESSEE a receiver of all of the property of LESSEE shall be appointed and shall not be discharged within ninety (90) days after such appointment, LESSOR may terminate this lease agreement by giving written notice to LESSEE of its intention so to do~ but neither bankruptcy, nor insolvency, nor an assignment for the benefit of creditors, nor the appointment of a receiver, shall, however affect this lease agreement or permit its termination so long as the covenants on the part of LESSEE to be performed are being performed by LESSEE, or someone claiming under it, or the then owner of the lease term, and prov ided that this lease agreement shall be duly affirmed by LESSEE, or someone claiming under it, or the then owner of the lease term, within six (6) months after such event.