Reso 2011-1735 - Laserfiche WebLink

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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-Iet 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-Ietting the Premises, and then to the fulfillment of the covenants of Tenant hereunder. Any such re-Ietting 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-Iet, 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 herein and all other charges required to be paid by Tenant, less the net avails of re-Ietting, if any, and the same shall be due and payable by Tenant to Landlord on the several rent days above specified, that is to say, upon each of such rent days Tenant shall pay to Landlord the amount of the deficiency then existing. The terms "enter", "re-enter", "entry" or "re-entry" are used in this Lease in their broadest sense and are not restricted to their technical legal meaning. Any entry or re-entry by Landlord shall not be deemed to absolve or discharge Tenant from liability hereunder. Section 3. No Waiver. The failure of Landlord to insist upon a strict performance of any of the terms, conditions and covenants herein shall not be deemed to be a waiver of any rights or remedies that Landlord may have and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained except as may be expressly waived in writing. Section 4. Default by Landlord. The following shall be deemed a default by Landlord: (a) Landlord fails to keep, perform, or observe any of the covenants, agreements, terms, or provisions in this Lease that are to be kept or performed by Landlord, and Landlord shall fail to cure such failure within thirty (30) days after delivery by Tenant to Owner of written notice specifying failure; or (b) Any representation or warranty made by Landlord under the Lease shall be materially false, misleading or inaccurate as of the date made. Section 5. Tenant's Remedies. If the Landlord defaults, Tenant may exercise any other right or remedy available to Tenant under applicable law, except as expressly limited by the terms of this Lease. 24