Res 1997-185 - Laserfiche WebLink

Home Browse Search

:mbstantial value of Tenant's goods, wares, equipment, fixtures, furniture, or other personal property. (7) Tenant shall do or permit to be done anything which creates a lien upon the premises. Upon the occurrence of any such events of default, landlord shall have the option to pursue either or both of the following remedies: (A) Without any notice or demand whatsoever, landlord may take anyone or more of the actions permissible at law to insure performance by Tenant of Tenant's covenants and obligations under this lease. In this regard, It Is agreed that If Tenant deserts or vacates the Demised Premises, landlord may enter upon and take possession of such premises in order to protect them from deterioration and continue to demand from Tenant the monthly rentals and other charges provided In this lease, without any obligation to relet, but that If landlord does, at Its sole discretion, elect to relet the Demised Premises, such action by landlord shall not be deemed as an acceptance of Tenant's surrender of the Demised Premises unless landlord expressly notifies Tenant of such acceptance In writing pursuant to subsection 6 of this Section 18.1. Tenant hereby acknowledges that landlord shall otherwise be reletting as Tenant's agent and Tenant furthermore hereby agreeing to pay to landlord on demand any deficiency that may arise between the monthly rentals and other charges provided In this lease and that actually collected by landlord. It Is further agreed in this regard that In the event of any default described In subsection (2) of this Section 18.1, landlord shall have the right to enter upon the Demised Premises by force if necessary 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 effecting compliance with Tenant's obligations under this lease, and Tenant further agrees that landlord shall not be liable for any damages resulting to the Tenant from such action. No alteration of locks or other security devices and no removal or other exercise of dominion by landlord over the property of Tenant or others at the Demised Premises shall be deemed unauthorized or constitute a conversion. (6) landlord may terminate this lease by written notice to Tenant, in which event Tenant shall immediately surrender the Demised Premises to landlord, and if Tenant fails to do so, landlord may, without prejudice to any other remedy which landlord may have for possession or arrearages in rent (including any interest which has accrued pursuant to Section 4.6 of this lease). enter upon and take possession of the Demised Premises and expel or remove Tenant and any other person who may be occupying said premises or any part thereof, by fo~ce if necessary. without being liable for prosecution or any claim for damages therefor or alter locks and other security devices at the Demised Premises. Tenant hereby waives any statutory requirement of prior written notice for filing eviction or damage suits for nonpayment of rent. In addition, Tenant agrees to pay to landlord on demand the amount of all loss and damage which landlord may suffer by reason of any termination, said loss and damage to be determined by either of the following alternative measures of damages: (i) Until landlord is able, through reasonable efforts, the nature of which efforts shall be at the sole discretion of landlord, to relet the Demised Premises, Tenant shall pay to Landlord on or before the first day of each calendar month, the monthly rentals and other charges provided in this lease. After the Demised Premises have been relet by Landlord, Tenant shall pay to Landlord on the 20th day of each calendar month the difference between the monthly rentals and other charges provided in this lease for the preceding calendar month and that actually collected by landlord for such month. If it is necessary for landlord to bring suit in order to collect any deficiency, Landlord shall have a right to allow such deficiencies to accumulate and to bring an action on several or all of the accrued deficiencies at one time. Any such suit shall not prejudice in any way the right of landlord to bring a similar action for any subsequent deficiency or deficiencies. Any amount collected by landlord from subsequent tenants for any calendar month, in excess of the monthly rentals and other charges provided in this lease, shall be credited to Tenant in reduction of Tenant's liability for any calendar month for which the amount collected by landlord will be less than the monthly INITIAL 16 l/lsi!!;l1ia Retail (;rollfJ, I/le..:. /f.,;-/ 14