Reso 2024-3761 - Laserfiche WebLink

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1:0.140181 IN) eraill WA 24.1. LESSOR may, without further notice, re-enter the Leased Premises in accordance with applicable law and dispossess LESSEE by summary proceedings or otherwise, as well as the legal representative(s) of LESSEE and/or other occupant(s) of the Leased Premises, and remove their effects and hold the Leased Premises as if this Lease had not been made, and LESSEE hereby waives the service of notice of intention to re-enter or to institute legal proceedings to that end; and/or at LESSOR's option. 24.2. All Base Rent and all Additional Rent for the balance of the Term will, at the election of LESSOR, be accelerated and the present worth of same (as reasonably determined by LESSOR) for the balance of the Term, net of amounts actually collected by LESSOR, shall become immediately due thereupon and be paid, together with all expenses of any nature which LESSOR may incur such as (by way of illustration and not limitation) those for attorneys' fees, brokerage, advertising, and refurbishing the Leased Premises in good order or preparing them for re -rental; and/or at LESSOR's option. 24.3. LESSOR may re -let the Leased Premises, or any part thereof, either in the name of LESSOR or otherwise, for a term or terms which may at LESSOR's option be less than or exceed the period which would otherwise have constituted the balance of the Term, and may grant concessions or free rent or charge a higher rental than that reserved in this Lease; provided, however, LESSOR shall have no obligation to re -let the Leased Premises, or any part thereof, and shall in no event be liable for failure to re -let the Leased Premises, or any part thereof, or, in the event of any such re -letting, for refusal or failure to collect any rent due upon such re -letting, and no such refusal or failure shall operate to release LESSEE of any liability under this Lease or otherwise to effect or reduce any such liability; and/or at LESSOR's option. 24.5. LESSEE or its legal representative(s) will also pay to LESSOR as agreed upon damages, in addition to such other damages that LESSOR may be legally entitled to, any deficiency between the Base Rent and all Additional Rent hereby charged and/or agreed to be paid and the net amount, if any, of the rents collected on account of this Lease or leases of the Leased Premises for each month of the period which would otherwise have constituted the balance of the Term. 24.6. All rights and remedies of LESSOR are cumulative, and the exercise of any one of such rights and remedies shall not be an election excluding LESSOR at any other time from exercise of a different or inconsistent remedy. No exercise by LESSOR of any right or remedy granted herein shall constitute or effect a termination of this Lease unless LESSOR shall so elect by written notice delivered to LESSEE. The failure of LESSOR to exercise its rights in connection with this Lease or any breach or violation of any term, or any subsequent breach of the same or any other term, covenant or condition herein contained shall not be a waiver of such term, covenant or condition or any subsequent breach of the same or any other covenant or condition herein contained. 24.7. No payments of money by LESSEE to LESSOR after the expiration or termination of this Lease after the giving of any notice by LESSOR to LESSEE shall reinstate or extend the Term, or make ineffective any notice given to LESSEE prior to the payment of such money. After the service of notice or the commencement of a suit, or after final judgment granting LESSOR possession of the Leased Premises, LESSOR may receive and collect any sums due under this Lease, and the payment thereof shall not make ineffective any notice or in any manner affect any pending suit or any judgment previously obtained. LEASE AGREEMENT - CREMA DOWNTOWN CORP. Page 21 of 36