Agenda Packets - 1999/03/22 - Laserfiche WebLink

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reletting, Tenant shall be entitled to a credit against its liability to Landlord for such month in an amount equal to such net avails, and PROVIDED FURTHER that, in lieu of damages as set forth in the foregoing provisions of this Section, Landlord may waive such foregoing provisions and elect, by written notice to Tenant within ninety(90) days after termination or re-entry,to receive forthwith as liquidated damages for such breach, in addition to the amounts specified above, a sum equal to fifteen percent(15%) of the Rents which would have been due and payable for the portion of the balance of the term of the Lease from the date of the early termination or re-entry through the final lease year. 13.3 PLAYGROUND EQUIPMENT. In the event of default by the Tenant, Tenant agrees that any and all playground equipment installed will remain in possession of the Landlord at the said premises. 13.4 COSTS, EXPENSES AND ATTORNEYS FEES. If one party is required to seek legal counsel for collection or to commence litigation or arbitration in order to enforce the covenants and agreements in this Lease,the party prevailing in such collection, litigation or arbitration shall have the right to reimbursement from the other party of all reasonable costs, expenses and attorney's fees. ARTICLE XIV-ESTOPPEL CERTIFICATE ATTORNMENT AND SUBORDINATION 14.1 ESTOPPEL CERTIFICATE. Within ten(10) days after the request by Landlord, Tenant shall deliver to Landlord a written and acknowledged statement certifying that Landlord has completed construction of the Demised Premises, that Tenant has accepted possession of the Demised Premises, that this Lease is unmodified and in full force and effect(or if there have been modifications,that the same is in full force and effect as modified and stating the modifications), the commencement date and termination date of the Lease,that Landlord is not in default under the Lease (or, if there is a default, stating specifically the default) and the dates to which the"minimum rent" and other charges have been paid in advance, if any, it being intended that any such statement delivered pursuant to this Article may be relied upon by any prospective purchaser or mortgagee of the fee of the Demised Premises. 14.2 ATTORNMENT. Upon request of Landlord, Tenant shall in the event any proceedings are brought for the foreclosure of or in the event of exercise of the power of sale under any mortgage made by Lessor covering the Demised Premises, return to the purchaser upon any foreclosure or sale and recognize such purchaser as Landlord under this Lease. 14.3 ATTORNEY-IN-FACT. Tenant, upon request of any party in interest, shall execute promptly such instruments or certificates to carry out the intent of sections 14.1 and 14.2 above. Tenant hereby irrevocably appoints Landlord as attorney in fact for Tenant with full Page 13 3122/99--CHS Lease agreement