Res 2007-183 - Laserfiche WebLink

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deducting all costs incurred by Lessor in reletting the Leased Premises. Lessor shall use reasonable efforts to relet the Leased Premises on such terms as Lessor in its sole discretion may determine (including a term different from the Term, rental concessions and alterations to, and improvement of, the Leased Premises). Lessor shall not be liable for, nor shall Lessee's obligations hereunder be diminished because of, Lessor's failure to relet the Leased Premises or to collect rent due for such reletting. Lessor shall not be entitled to the excess of any consideration retained by reletting over the Base Rent due hereunder. Reentry by Lessor in the Leased Premises shall not affect Lessee's obligations hereunder for the unexpired Term; rather, Lessor may, from time to time, bring an action against Lessee to collect amounts due by Lessee, without the necessity of Lessor waiting until the expiration of the Term. Unless Lessor delivers written notice to Lessee expressly stating that it has elected to terminate this Lease, all actions taken to dispossess or exclude Lessee from the Leased Premises shall be deemed to be taken under this Section 8.2(a). If Lessor elects to proceed under this Section 8.2(a), it may at any time elect to terminate this Lease under Section 8.2(c). (b) Without declaring this Lease terminated, Lessor may enter upon the Leased Premises, without judicial process and without being liable for any claim for damages, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any reasonable expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease; further, Lessee agrees that Lessor will not be liable for any damages resulting to Lessee from effecting compliance with Lessee's obligations under this Lease except to the extent caused by the negligence or willful misconduct of Lessor or otherwise. (c) Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, without judicial process, and, in compliance with applicable law, lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Section, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder. In addition, upon termination Lessor may collect from Lessee an amount equal to the difference between the then present value of the amount of all future rentals required to be paid under this Lease from the date Lessor terminates this Lease until the original termination date, less the then present value of the fair market rental value of the Leased Premises during such period, both calculated using a discount rate of seven percent (7%) per annum. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated by Lessor only by delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease. (d) Lessee hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Lessee being evicted or dispossessed for any cause, or in the event of Lessor obtaining possession of the Leased Premises by reason of the violation by Lessee of any'of the covenants and conditions of this Lease or otherwise. The rights 16 2025904.1