Reso 2010-1658 - Laserfiche WebLink

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- within thirty (30) days, the time within which to cure the same shall be extended for such period as may be reasonably necessary to complete the same with due diligence); or (h) Tenant shall abandon, desert or vacate the Premises, and, the Premises remain abandoned, deserted or vacant for a period of thirty (30) days after receipt of written notice to Landlord; or (i) Tenant shall suspend work on construction of Tenant's Improvements and Landlord's Public Facilities for reasons not caused by Force Majeure for a period of 90 days or more and such failure shall continue for thirty (30) days after delivery by Landlord to Tenant of written notice specifying such failure; or G) Any representation or warranty made by Tenant under this Lease shall be materially false, misleading or inaccurate as of the date made. Section 2. Remedies of Landlord. If Tenant Defaults, Landlord may, at its option and as its sole and exclusive remedies, (i) if the default may be cured by payment of money, cure such default and collect the payment made from Tenant as Additional Rent, or (ii) terminate this Lease and all rights hereunder by written notice to Tenant specifying a termination date and the Term of this Lease shall expire as fully and completely as if the date of such termination were the date originally fixed for the expiration of the Term, and upon such termination, Tenant shall pay to Landlord the Basic Rent and all other charges required to be paid by Tenant up to the time of such termination of this Lease and shall quit and surrender the Premises and the Improvements to Landlord and shall have no further rights to same whatsoever, or (iii) reenter the Premises and the Improvements and remove all persons and all or any property therefrom, either by summary dispossess proceedings or by any suitable action or proceeding at law or by force or otherwise, without being liable to indictment, prosecution, or damages therefore, and repossess and enjoy said premises together with all additions, alterations, and improvements, without such reentry and repossession working a forfeiture of the rents to be paid and the covenants to be performed by Tenant during the full Term hereof. Upon Landlord's re-entering and recovering possession of the Premises and the Improvements as provided in the preceding paragraph, whether with or without legal proceedings, by reason of or based upon or arising out of an Event of Default, Landlord shall use reasonable diligence to re- let the Premises or such part or parts thereof as may be practicable, for the account of Tenant or otherwise, and receive and collect the rents therefore, applying the same first to the payment of such reasonable expenses as Landlord may have incurred in recovering possession of the Premises, including legal expenses and attorneys' fees, and in putting the same into good order or condition or preparing or altering the same for rental, and all other expense, commissions, and charges paid, assumed, or incurred by landlord in or about re-letting the Premises, and then to the fulfillment of the covenants of Tenant hereunder. Any such re-letting herein provided for may be for the remainder of the Term originally granted or for a longer or shorter period. In any such case and whether or not the Premises, or any part thereof, be re-let, Tenant shall pay to Landlord the Basic Rent and all other charges required to be paid by Tenant up to the time of such recovery of possession of the Premises and the Improvements by Landlord, as the case may be, and thereafter, Tenant agrees to pay the equivalent of the amount of all the Basic Rent reserved 26 U:\City Altorney\HANS\20 I 0 Documents\4m Investors\GROUND LEASE WORKING DRAFT 11.16.1 O.doc