Res 2010-062 - Laserfiche WebLink

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after due date; (2) failure to vacate on or before the last day of the lease term, renewal term, or negotiated extension period; (3) failure to pay rent in advance on a daily basis in the event of unlawful holdover by Lessee; (4) unauthorized early move -out or notice of same as set forth in subparagraph (e) below; or (5) failure to comply with any provision of this Lease (other than subparagraphs (1), (2), (3), and (4) above) if failure to comply is not cured within five (5) days after delivery of written notice by Lessor to Lessee. Lessee shall not be in default under subparagraph (5) above if Lessee promptly commences to cure such non - compliance and diligently proceeds in good faith to cure same after receiving a second written notice of such default. (b) If Lessee is more than 10 days delinquent in payment of rent or other sums due and if Lessee fails to pay same in full within three (3) days after Lessor delivers, as provided under Paragraph 28. 1, written demand or notice of non - payment, then Lessor shall be entitled to change or modify door locks on all entry doors of Lessee's Office space; provided, however, Lessor shall immediately thereafter post a notice on the primary entry door to Lessee's office space, stating that Lessor will open such door or furnish Lessee with a key thereto upon Lessee's written request delivered to Lessor during normal business hours at the place where rent is to be paid under Paragraph 2.4. Such right to modify or change locks shall continue so long as such rent is delinquent. Lessor's right to modify or change locks shall occur automatically and without notice if Lessee's rent is accelerated under subparagraph (e) below, relating to unlawful early move -out. As Lessee is a governmental entity providing services funded with state and federal funds, Lessor agrees that it may not seize or deny access to any personal property, files, documents and any other possessions of Lessee or its officers, agents, employees or clients on or in the Leased Premises. In the event of a lock -out under this paragraph, Lessor agrees to allow Lessee all reasonable access during normal business hours to remove all such things enumerated in the previous sentence from the Leased Premises. (c) If Lessee is more than 10 days delinquent in payment of rent or other sums due and if Lessee fails to pay same in full within 3 days after Lessor delivers, as provided under Paragraph 28.1, written notice of Lessor's intent to terminate utilities which are furnished by Lessor, then Lessor may terminate such utilities after such 3 day notice period, without further notice. Lessor's right to terminate such utilities shall occur automatically and without notice if Lessee's rent is accelerated under subparagraph (e) below, relating to unlawful early move -out. (e) If Lessee is in default as defined in subparagraph (a) above and if Lessee remains in default for 3 days after Lessor gives notice of such default to Lessee, or if Lessee abandons the Leased Premises, Lessor may (with or without demand for performance) terminate Lessee's right of possession by giving one day's written notice to vacate; and Lessor shall be entitled to immediate possession without termination of Lessee's obligations under the Lease. Lessor's repossession shall be considered an election to terminate this Lease unless written notice of such intention to terminate is given to Lessee by Lessor. Repossession may be by voluntary agreement or by eviction lawsuit. Commencement of an eviction lawsuit shall not preclude Lessor's remedies of landlord's lien, lock change, utilities termination, or other rights and remedies of Lessor. (f) If Lessee is in default as defined in subparagraph (a) above and if Lessor terminates Lessee's right of possession without terminating this Lease, Lessee shall pay upon Lessor's demand the following: (1) all costs of reletting (which in no event shall be less than one month's rent), including leasing commissions, utilities during the vacancy, advertising costs, administrative overhead, and all costs of repair, remodeling or redecorating for replacement tenants in the Lessee's office s ) all rent and other indebtedness due from Lessee to Lessor throu 91W the date of Lessor/ 10 Lessee:Ak W.I.C. Lease