06-09-14 Council Packet - Laserfiche WebLink

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of recovering the Leased Premises including reasonable attorney fees, (ii) the unpaid rent owed at the time of termination, plus interest thereon from due date at the lesser of (a) the maximum rate permitted by applicable law or (b) 10%, (iii) the balance of the rent for the remainder of the Term less the Rent the Landlord can reasonably expect to recover by rental of the Leased Premises for said period reduced to present value at a rate of 5%, and (iv) any other sum of money and damages owed by Tenant to Landlord; or (2) Landlord may terminate Tenant's right of possession (but not the Lease Agreement) and may repossess the Leased Premises using appropriate legal process and without terminating this Lease Agreement, in which event Landlord may, but shall be under no obligation to do so, relet the same for the account of Tenant for such rent and upon such terms as shall be satisfactory to Landlord. For the purpose of such reletting Landlord is authorized to make any reasonable repairs to the Leased Premises that may be reasonably necessary for purposes of reletting; and (i) if Landlord shall fail or refuse to relet the Leased Premises, or (ii) if the same are relet and a sufficient sum shall not be realized from such reletting after paying the unpaid Gross Rental due hereunder earned but unpaid at the time of reletting plus interest thereon at the lesser of (a) the maximum rate permitted by applicable law or (b) 10%, plus the cost of recovering possession including reasonable attorney fees, and all of the costs and expenses of such repairs and the expense of such reletting and of the collection provided for in this Lease Agreement to be paid; then Tenant shall pay to Landlord as damages a sum equal to the amount of the rental reserved in this Lease Agreement for such period or periods, or if the Leased Premises have been relet, Tenant shall satisfy and pay any such deficiency upon demand therefor from time to time and Tenant agrees that Landlord may file suit to recover any sums falling due under the terms of this Article 13, paragraph (b)(2) from time to time on one or more occasions without Landlord being obligated to wait until expiration of the term of this Lease Agreement. Such reletting shall not be construed as an election on the part of Landlord to terminate this Lease Agreement unless a written notice of such intention is given to Tenant by Landlord. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease Agreement for such previous breach. ARTICLE 14. Holding Over. Should Tenant continue to occupy the Leased Premises after termination of its right to occupy the Leased Premises by lapse of time or otherwise, the monthly rent in such month-to-month tenancy shall be two hundred percent (200%) times the amount of the monthly rent payable during the preceding year of the Lease Term. ARTICLE 15. Assignment/Attornment and Novation. (a) Landlord shall have the right to transfer and assign, in whole or in part, all of its rights and obligations hereunder in the Leased Premises and the property referred to herein upon the condition that in such event this Lease shall remain in full force and effect, subject to the performance by Tenant of all of the terms, covenants, and conditions on its part to be performed, and upon the further condition that such assignee or transferee, agrees to be bound to perform all the terms, covenants, and conditions pursuant to this Lease. Upon any such assignment, or transfer, or if the Leased Premises comes into custody or possession of a mortgagee or any other party whether because of mortgage foreclosure, or otherwise, subject to the rights of Tenant under this Lease, 11