Res 1998-213 - Laserfiche WebLink

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not limited to any environmental protection agency, then Tenant shall reimburse Landlord for a pro rate share of such charge, surcharge or fee on the basis of the ratio or rentable square feet in the Demised Premises under this Lease bears to the number of square feet comprising the net rentable area of space in the building or buildings which are subject \0 the charge, surcharge or fcc, 21. Default, The following events shall be deemed to be Events of Default by Tenant under this Lease: A. Tenant shall fail to pay any installment of the rent (whether Basic Rent, Additional Rent, or any other amounts due hereunder) on the d;¡te due. B. Tenant shall fail to comply with any tenD, condition or covenant of this Lease, other than the payment or rent, and shall not cure such failure within thirty (30) days after notice thereof to Tenant. or iC such failure cannot reasonably be cured within the said thirty (30) days and Tenant shall not have commenced to cure such failure within said thirty (30) days and shall not thereafter with reasonable diligence and good faith proceed to cure such fanure. C. Tenant shall become insolvent, or shall make a transfer in fraud or creditors, or shall make an assignment for the benefit of creditors. D. Tcnant shall file a petition under any section or chapter of the Fcderal Bankruptcy Code, as amended, or under any similar Jawor statute of the United States or any State thereof, or Tenant shall be adjud~ed bankrupt or insolvent in proceedings filed against Tenant thereunder, E. A receiver or trustee shall be appointed for all or substantially all of the assets of the Tenant. F. Tenant abandons the Demised Premises, as determined by Landlord in its judgment. 22. Landlord's Remedies. Upon any Event of Default, Landlord may, in addition to all other rights and remedies afforded Landlord hereunder or my law or equity, take anyone or more of the following actions: A. Tenninate this Lease by giving Tenant written notice thereof, in which event, Tenant shall pay to Landlord the sum of (i) all rent accrued hereunder through the date of tennination, (ii) all other amounts due hereunder, and (Hi) an amount equal to (a) the total rent that Tenant would have been required topay for the remainder of the Tenn ofthís Lease discounted to present value minus (b) the then present fair rental value of the Demised Premises for such period, similarly discounted. B. Tenninate Tcnant's right to possession of the Demised Premises without tenninating this Lease by the giving of written notice to Tenant, in which event Tenant shall pay to Landlord (i) all rent and other amounts accrued hereunder to the date of tennination of possession, (ii) all other amounts due hereunder and (iii) all rent and other sums required hereunder to be paid by Tenant during the remainder of the Term, diminished by any net sums thereafter received by Landlord through reletting the Demised Premises during said period. Landlotd'has no obligation to relet the Demised Premises but Landlord may relet the Demised Premises in whole or in part on stich terms and conditions as Landlord in its sole discretion may determine (including a term different than the Lease Term, rental concessions, alterations and repair of the Demised Premises). Landlord shall not be obligated to relet the Demised Premises before leasing other portions oCthe Shopping Center. Landlord shall not be liable, nor shall Tenant's obligations hereunder be diminished because of, Landlord's.' failure to relet the Demised Premises or collect rent due in respect of such reletting. Reentry by Landlord in the Demised Premises shall not affect Tenant's obligations hereunder for the unexpired Lease Term. Landlord may, from time to time, bring action against Tenant to collect amounts due by Tenant, without the necessity of Landlord's waiting until the expiration of the Lease Term. If Landlord elects to proceed under this Section 22B, it may, at any time, elect to terminate this Lease under Section 22A. C. Landlord may change or alter the locks or other security devices at the Demised Premises prohibiting entry into or access to the Demised Premises by Tenant, and if Landlord docs so it shall not be required to provide a new key to Tenant unless Tenant has cured all Events of Default. Furthennore, Tenant waives all rights under Section 92.002 of the Texas Property Code. D. Enter upon the Demised Premises without force or pursuant to an action of forcible entry and detainer, without being liable for prosecution or any claim for damages therefor; and do whatever Tenant is obligated to do under the terms of this Lease, and Tenant agrees to reimburse Landlord on demand for any expenses which Landlord may incur thus eITecting compliance with Tenant's obligations under this I,.ease, and Tenant further agrees that Landlord shall not be liable for any damages resulting to the Tenant from such action. 23. Defaults bv Landlord. Landlord shall not be in default under this Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a 8/12 Landlord: Tenant: