Res 1999-203 - Laserfiche WebLink

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Premises, or notice (written or oral) to vacate the Premises or notice of liability for Lessor's attorney's fees prior to Lessor's alteration of such locks or security devices or institution of proceedings in forcible detainer other than as is required by the Texas Property Code. In the event Lessor exercises its rights to alter the locks at the Premises, Lessor shall only be required to provide Lessee with a new key during lessor's regular business hours, provided that in no event shall Lessor be required to provide Lessee a new key until such time as lessee cures all defaults under the Lease, and if required by Lessor, Lessee increases the amount of the Security Deposit being held hereunder by an amount as determined by Lessor. Lessee hereby waives (to the extent legally permissible) any and all notices otherwise required under common law or under the Texas Property Code, as same presently exists or may be hereafter amended (or any subsequent similar statute relating to notice prior to instituting such action or proceeding). To the extent of any inconsistency between this Lease and provisions of Section 93.002 of the Texas Property Code (as it may be hereafter amended or recodified), it is the agreement of the parties that this Lease shall prevail. If Lessee should fail to make any payment or cure any Event of Default hereunder within the time herein permitted, Lessor, without being under any obligation to do so and without thereby waiving such default, may make such payment and/or remedy such default for the account of Lessee (and enter the Premises for such purpose), and thereupon Lessee shall be obligated to, and hereby agrees to pay Lessor, upon demand, all costs, expenses and disbursements incurred by Lessor in taking such remedial action. In the event of termination of this Lease or of Lessee's right to possession of the Premises or repossession of the Premises for an Event of Default, Lessor shall not have any obligation to relet or attempt to relet the Premises, or any portion thereof, or to collect rental after reletting (if any); but Lessor shall have the option to relet or attempt to relet and in the event of reletting, Lessor may relet the whole or any portion of the Premises for any period, to any tenant, and for any use and purpose. In the event Lessor elects to terminate this Lease by reason of an Event of Default or in the event Lessor elects to terminate Lessee's right to possession of the Premises without terminating this Lease, Lessor may hold Lessee liable for all Rent and other indebtedness accrued to the date of such termination, plus such Rent and other indebtedness as would otherwise have been required to be paid by Lessee to Lessor during the period following termination of the Term (or Lessee's right to possession of the Premises, as the case may be) measured from the date of such termination by Lessor until the date which would have been the date of expiration of the Term, as stated herein (had Lessor not elected to terminate the Lease or Lessee's right to possession on account of an Event of Default), diminished by any net sums thereafter received by Lessor through reletting the Premises during said period (after deducting expenses incurred by Lessor as provided in the succeeding paragraph). Actions to collect amounts due by Lessee provided for in this paragraph may be brought from time to time by Lessor during the aforesaid period, on one or more occasions, without the necessity of Lessor's waiting until expiration of such period; and in no event shall Lessee be entitled to any excess rent (or rent plus other sums) obtained by reletting over and above the Rent herein reserved. In case of an Event of Default, Lessee shall also be liable for and shall pay to Lessor, in addition to any sum provided to be paid above, broker's fees incurred by Lessor in connection with reletting the whole or any part of the Premises, the costs of removing and storing Lessee's and other occupant's property, the costs of repairing, altering, remodeling or otherwise putting the Premises into condition acceptable to a new tenant or tenants, and all reasonable expenses incurred by Lessor in enforcing Lessor's remedies. Lessor agrees to mitigate all losses to the extent possible. 12 Lessee tt Lessor KL-f,J