Res 1996-201 - Laserfiche WebLink

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I (Iff ARTICLE XIII Events of Default and Remedies 13.1 The following events shall be deemed to be events of default by Lessee under this Lease: A. Lessee fails to pay when any rental or any other sums or charges are due under this Lease. - B. Lessee fails to comply with any term, provision, or covenant of this Lease, other than the payment of rent, and does not cure the failure within 10 days after written notice thereof to Lessee. C. Lessee becomes insolvent, or makes a transfer in fraud of creditors, or makes an assignment for the benefit of creditors. D. Commencement by or against Lessee of proceedings in bankruptcy, or for reorganization of Lessee, or for the readjustment or arrangement of Lessee's debts, whether under the Bankruptcy Act of the United States of America or under any other law, whether state or federal, existing for the relief of debtors, or there shall be commenced any analogous statutory ~r nonstatutory proceeding involving Lessee. The acceptance by Lessor of Lessee's monthly payment as provided subsequent to the occurrence of this event of default, or that set forth in subparagraph (5), shall be as compensation for use and occupancy of the Leased Premises, and shall in no way constitute a waiver by Lessor of its right to exercise any of the provided remedies upon the occurrence of any event of default. E. A receiver or trustee shall be appointed for all or substantially all of the assets of Lessee. --~ F. Lessee deserts or vacates any substantial portion of the premises. Upon the occurrence of any of the events of default, Lessor shall have the option to pursue one or more of the following remedies without any notice or demand whatsoever: (1) Terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to do so, Lessor may, without prejudice to any other remedy which it may have for possession of arrearages in rent, enter upon and take possession of the Leased Premises and expel or remove Lessee and any other person who may be occupying the premises or any part thereof, by force if necessary, without being liable for prosecution or any claim of damages; and Lessee agrees to pay to Lessor on demand the amount of all loss and damage which Lessor may suffer by reason of termination, whether through inability to relet the Leased Premises on satisfactory terms or otherwise. (2) Enter upon and take possession of the Leased Premises and expel or remove Lessee and any other person who may by occupying the premises or any part thereof, by force if necessary, without being liable for prosecution or any claim for damages, and relet the Leased Premises and receive the rent; and Lessee agrees to pay to Lessor on demand any deficiency that may arise by reason of reletting. - (3) Enter upon the Leased Premises, by force if necessary, without being liable for prosecution or any claim for damages, and do whatever Lessee is obligated to do under the terms of this Lease; and Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in this effecting compliance with Lessee's obligation under this Lease, and Lessee further agrees that Lessor shall not be liable for any damages resulting to Lessee from any action, whether caused by the negligence of Landlord or otherwise.